ML090350120

2009/01/30 - Indian Point - Letter to Atomic Safety and Licensing Board Hearing File / Initial Disclosures

ML090350120
Person / Time
Site:	Indian Point
Issue date:	01/30/2009
From:	Marcia Simon, Sherwin Turk NRC/OGC
To:	Lathrop K, Lawrence Mcdade, Richard Wardwell Atomic Safety and Licensing Board Panel
SECY RAS
Shared Package
ML090340687	List: ML090340689 ML090340709 ML090340712 ML090350082 ML090350086 ML090350120
References
50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD-01
Download: ML090350120 (2)

Text

OFFICE OF THE GENERAL COUNSEL UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 January 30, 2009 Administrative Judge Lawrence G.

McDade, Chair Atomic Safety and Licensing Board Panel Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Dr. Richard E. Wardwell Atomic Safety and Licensing Board Panel Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Kaye D. Lathrop 190 Cedar Lane East Ridgeway, CO 81432 In the Matter of ENTERGY NUCLEAR OPERATIONS, INC. (Indian Point Nuclear Generating Station Units 2 and 3) Docket Nos. 50-247-LR and 50-286-LR; ASLBP No.

07-858-03-LR-BD01 Dear Administrative Judges: Pursuant to the Atomic Safety and Licensing Board's December 18, 2008 Memorandum and Order (Addressing Requests that the Proceeding be Conducted Pursuant to Subpart G), slip op. at 13, and the telephone conference call held on January 14, 2009, the staff of the U.S. Nuclear Regulatory Commission

("Staff') herein notifies the Licensing Board and the parties that a hearing file has been created for this proceeding.

The hearing file includes materials required pursuant to 10 C.F.R.

§ 2.1203, as well as the Staff's mandatory disclosures produced pursuant to 10 C.F.R. § 2.336(b) and (c). Materials in the hearing file may be accessed through the Agencywide Documents Access and Management System ("ADAMS").

An index containing the ADAMS accession number, date, and title or description of each item in the hearing file is appended hereto as Attachment I. On or about February 4, 2009, the hearing file will be made available via the Electronic Hearing Docket ("EHD"), which may be accessed at the following URL:

htt~://ehd.nrc.nov/EHD Proceedinn/home.asp. The hearing file will be contained in a sub-folder entitled, "Indian PT Hearing File" in the "Indian-PT-2&3-50-247&50-286-LR" folder of the EHD. In addition, as required by 10 C.F.R. § 2.336(b)(5), the Staff is producing two privilege logs, identifying documents withheld under the deliberative process privilege and documents containing proprietary, sensitive, or privacy-related information, which are appended hereto as Attachments 2 and 3, respectively. Also attached is the Declaration of Brian E. Holian formally invoking the deliberative process privilege with respect to each of the documents in Attachment L. McDade K. Lathrop R. Wardwell January 30,2009 2. The Staff will preserve and maintain the privileged documents identified in these logs during the pendency of this proceeding. Further, pursuant to 10 C.F.R. § 2.336(c), attached is the affidavit of Andrew L. Stuyvenberg, certifying that all relevant materials required by this section have been disclosed, and that the disclosures are accurate and complete for documents identified as of January 23, 2009, except with respect to Consolidated Contention Riverkeeper EC-3lClearwater EC-1, as set forth in the Licensing Board's Order of January 30, 2009. Finally, in preparing to make these initial disclosures, the Applicant, Riverkeeper and the Staff have each located a large volume of documents pertaining to historic groundwater contamination issues at the Indian Point site, including Unit 1 and Unit 2 spent fuel pool leaks, which may be relevant to Consolidated Contention Riverkeeper EC-3lClearwater EC-1. In the interest of cooperation, the Staff has agreed to identify such additional documents in its possession, notwithstanding the Staffs belief that it need not identify such documents in this proceeding under 10 C.F.R. §§ 2.336(b)-(c) or 2.1 203(b). The Staff will identify documents pertaining to groundwater contamination issues at the Indian Point site, in addition to the documents identified in the current set of initial disclosures, on or before February 28, 2009, in accordance with the Licensing Board's Order of January 30, 2009.

Sincerely, Marcia J. Simon Counsel for NRC Staff

Enclosures:

Hearing File Index Privilege Log - Deliberative Process Privilege Log - Proprietary or Sensitive Information Affidavit of Andrew L. Stuyvenberg Declaration of Brian E. Holian cc: Service List