ML083190511: Difference between revisions
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| author name = Ghasemian S | | author name = Ghasemian S | ||
| author affiliation = NRC/OGC | | author affiliation = NRC/OGC | ||
| addressee name = Farrar M | | addressee name = Farrar M, Hawkens E, Trikouros N | ||
| addressee affiliation = NRC/ASLBP | | addressee affiliation = NRC/ASLBP | ||
| docket = 05000346 | | docket = 05000346 | ||
| Line 85: | Line 85: | ||
) AFFIDAVIT OF ROBERT D. STARKEY | ) AFFIDAVIT OF ROBERT D. STARKEY | ||
I, Robert D. Starkey, being first duly sworn, do hereby state as follows: 1. I am employed as Senior Enforcement Specialist in the NRC Office of Enforcement | I, Robert D. Starkey, being first duly sworn, do hereby state as follows: 1. I am employed as Senior Enforcement Specialist in the NRC Office of Enforcement | ||
("OE"). I serve as the Senior Enforcement Specialist for the NRC Staff's enforcement actions | ("OE"). I serve as the Senior Enforcement Specialist for the NRC Staff's enforcement actions | ||
against employees of FirstEnergy Nuclear Oper ating Company ("FENOC") at the Davis-Besse Nuclear Power Plant. | against employees of FirstEnergy Nuclear Oper ating Company ("FENOC") at the Davis-Besse Nuclear Power Plant. | ||
: 2. I hereby certify that all relevant materials required to be disclosed pursuant to 10 C.F.R. | : 2. I hereby certify that all relevant materials required to be disclosed pursuant to 10 C.F.R. | ||
§ 2.336(d) in the captioned proceeding have been disclosed, and that the disclosures are | § 2.336(d) in the captioned proceeding have been disclosed, and that the disclosures are | ||
accurate and complete as of the date of this certification. | accurate and complete as of the date of this certification. | ||
: 3. I hereby certify that the foregoing is true and complete to the best of my knowledge, information, and belief. | : 3. I hereby certify that the foregoing is true and complete to the best of my knowledge, information, and belief. | ||
/Original Signed By/ | /Original Signed By/ | ||
| Line 108: | Line 108: | ||
) DECLARATION OF CYNTHIA CARPENTER | ) DECLARATION OF CYNTHIA CARPENTER | ||
I, Cynthia Carpenter, do hereby state as follows: | I, Cynthia Carpenter, do hereby state as follows: | ||
: 1. I am employed as the Director of the Office of Enforcement of the United States Nuclear Regulatory Commission ("NRC"). My supervisory responsibilities include oversight of the NRC Staff's review and eval uation of the enforcement actions against employees of FirstEnergy Nuclear Operating Company ("FENOC") at the Davis-Besse Nuclear Power Plant. 2. As part of their responsibilities in preparing the hearing file and mandatory disclosures for these proceedings, NRC Staff members under my supervision identified certain documents as privileged because they contained information concerning the Staff's deliberative process. Those documents are listed in Attachment 2 to the Supplemental Disclosure submission of the Staff's Hearing File. 3. I have personally reviewed the documents identified as privileged in Attachment 2, and have determined, in accordance with the guidance set forth in Management Directive 3.4, that they contain predecisional information concerning the Staff's review of the license application. All documents contain either the Staff's analyses, recommendations, opinions, or evaluations, and may not necessarily reflect the final agency position with respect to the matters discussed therein. Each of the documents comprises part of the deliberative process necessary to the Staff's review of the enforcement actions. 4. Further, I have determined that disclosures of these documents could result in harm to the agency, in that it would (a) prematurely disclose the preliminary views of individual Staff members and/or the Staff prior to reaching a final agency | : 1. I am employed as the Director of the Office of Enforcement of the United States Nuclear Regulatory Commission ("NRC"). My supervisory responsibilities include oversight of the NRC Staff's review and eval uation of the enforcement actions against employees of FirstEnergy Nuclear Operating Company ("FENOC") at the Davis-Besse Nuclear Power Plant. 2. As part of their responsibilities in preparing the hearing file and mandatory disclosures for these proceedings, NRC Staff members under my supervision identified certain documents as privileged because they contained information concerning the Staff's deliberative process. Those documents are listed in Attachment 2 to the Supplemental Disclosure submission of the Staff's Hearing File. 3. I have personally reviewed the documents identified as privileged in Attachment 2, and have determined, in accordance with the guidance set forth in Management Directive 3.4, that they contain predecisional information concerning the Staff's review of the license application. All documents contain either the Staff's analyses, recommendations, opinions, or evaluations, and may not necessarily reflect the final agency position with respect to the matters discussed therein. Each of the documents comprises part of the deliberative process necessary to the Staff's review of the enforcement actions. 4. Further, I have determined that disclosures of these documents could result in harm to the agency, in that it would (a) prematurely disclose the preliminary views of individual Staff members and/or the Staff prior to reaching a final agency | ||
Revision as of 05:55, 12 July 2019
| ML083190511 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 11/12/2008 |
| From: | Ghasemian S NRC/OGC |
| To: | Mike Farrar, Hawkens E, Nicholas Trikouros Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| ASLBP-06-845-01-EA, IA-05-052 | |
| Download: ML083190511 (7) | |
Text
November 12, 2008
Michael C. Farrar, Chairman E. Roy Hawkens Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555
Nicholas G. Trikouros
Administrative Judge
Atomic Safety and Licensing Board
U.S. Nuclear Regulatory Commission
Washington, D.C. 20555
In the Matter of DAVID GEISEN Docket No. A 05-052, ASLBP No. 06-845-01
Dear Administrative Judges:
The NRC Staff hereby provides notice that it has updated the hearing file pursuant to 10 CFR § 2.336(d), An index containing the ADAMS accession number, Bates number, date, and
title of the item in the hearing file is appended hereto as Attachment 1. During its preparation
for the upcoming hearing in the captioned proceeding, the Staff discovered that this two-page
document was not included in its production process in June 2006, or in any further
supplemental disclosures. On November 7, 2008, the Staff sent the referenced two-page
document to Mr. Geisen's counsel by electronic mail. The Staff is also producing, as
, an update to its privilege logs as required by 10 C.F.R. § 2.336(b)(5), and is
continuing to preserve and maintain all privileged documents during the pendency of this
proceeding. Also attached are the Affidavit of Robert D. Starkey, as required by 10 C.F.R.
§ 2.336(c), and the Declaration of Cynthia Carpenter, Director of the Office of Enforcement, formally invoking the deliberative process privilege
Respectfully submitted,
/RA/ Shahram Ghasemian Counsel for the NRC Staff
Farrar Hawkins Trikouros
Enclosures:
Attachment 1: Hearing File Index Attachment 2: Privilege Log - Deliberative Process Affidavit of Robert D. Starkey Declaration of Cynthia Carpenter
cc: Attached Service List
Attachment 1 DAVID GEISEN HEARING FILE AND MANDATORY DISCLOSURES HEARING FILE INDEX 7 th Supplemental Disclosure - November 12, 2008 Date Bates - Begin Bates - End Full Name ADAMS Accession Number 04/18/2005 NRC 11-2008/000001 NRC 11-2008/000002 SDP/EA Request & Strategy Form, EA No.05-073 ML083170619
ATTACHMENT 2 DAVID GEISEN HEARING FILE AND MANDATORY DISCLOSURES DELIBERATIVE PROCESS LOG 7 th Supplemental Disclosure - November 12, 2008 Date Bates - Begin Bates - End Full Name Author(s)
Description ADAMS Accession Number 12/07/2005 NRC 11-2008/000003 NRC 11-2008/000004 SDP/EA Request & Strategy Form Office of Enforcement Provides Enforcement
Panel's recommendations
regarding action
against a DBNPS
employee ML053470093
November 12, 2008 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
In the Matter of )
)
DAVID GEISEN ) Docket No. IA-05-052
)
) ASLBP No. 06-845-01-EA
) AFFIDAVIT OF ROBERT D. STARKEY
I, Robert D. Starkey, being first duly sworn, do hereby state as follows: 1. I am employed as Senior Enforcement Specialist in the NRC Office of Enforcement
("OE"). I serve as the Senior Enforcement Specialist for the NRC Staff's enforcement actions
against employees of FirstEnergy Nuclear Oper ating Company ("FENOC") at the Davis-Besse Nuclear Power Plant.
- 2. I hereby certify that all relevant materials required to be disclosed pursuant to 10 C.F.R.
§ 2.336(d) in the captioned proceeding have been disclosed, and that the disclosures are
accurate and complete as of the date of this certification.
- 3. I hereby certify that the foregoing is true and complete to the best of my knowledge, information, and belief.
/Original Signed By/
_______________________ Robert D. Starkey
Executed in Boone, NC
this 12th day of November, 2008.
November 12, 2008 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
In the Matter of )
) DAVID GEISEN ) Docket No. IA-05-052 )
) ASLBP No. 06-845-01-EA
) DECLARATION OF CYNTHIA CARPENTER
I, Cynthia Carpenter, do hereby state as follows:
- 1. I am employed as the Director of the Office of Enforcement of the United States Nuclear Regulatory Commission ("NRC"). My supervisory responsibilities include oversight of the NRC Staff's review and eval uation of the enforcement actions against employees of FirstEnergy Nuclear Operating Company ("FENOC") at the Davis-Besse Nuclear Power Plant. 2. As part of their responsibilities in preparing the hearing file and mandatory disclosures for these proceedings, NRC Staff members under my supervision identified certain documents as privileged because they contained information concerning the Staff's deliberative process. Those documents are listed in Attachment 2 to the Supplemental Disclosure submission of the Staff's Hearing File. 3. I have personally reviewed the documents identified as privileged in Attachment 2, and have determined, in accordance with the guidance set forth in Management Directive 3.4, that they contain predecisional information concerning the Staff's review of the license application. All documents contain either the Staff's analyses, recommendations, opinions, or evaluations, and may not necessarily reflect the final agency position with respect to the matters discussed therein. Each of the documents comprises part of the deliberative process necessary to the Staff's review of the enforcement actions. 4. Further, I have determined that disclosures of these documents could result in harm to the agency, in that it would (a) prematurely disclose the preliminary views of individual Staff members and/or the Staff prior to reaching a final agency
decision, and could thus creat e confusion as to the actual policy or views of the NRC Staff; (b) hinder the efficiency of the Staff, in that forced disclosure of its internal discussions on an unresolved issue would tend to chill all future deliberations and would interfere with the Staff's ability to engage in a free exchange of opinions and analyses prior to publishing its final review documents; and (c) imply or suggest incorrectly that the opinions of the Staff members involved in these communications are actually the final decisions of the agency, while no such final decision has yet been made. 5. Accordingly, I formally invoke the deliberative process privilege with respect to each of the documents listed in Attachment 2 to the Mandatory Supplemental Disclosures submission of the Staff's Hearing File. 6. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information and belief.
/Original Signed By/ _______________________ Cynthia Carpenter
Executed in Rockville, MD this 12th day of November, 2008.