ML16365A138

IP Disclosures Supplement 95

ML16365A138
Person / Time
Site:	Indian Point
Issue date:	12/30/2016
From:	Vinh Hoang NRC/OGC
To:	Kennedy M, Lawrence Mcdade, Richard Wardwell Atomic Safety and Licensing Board Panel
SECY RAS
References
50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01, RAS 51525
Download: ML16365A138 (9)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, DC 20555 - 0001 December 30, 2016 Administrative Judge Administrative Judge Lawrence G. McDade, Chair Dr. Richard E. Wardwell Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop T-3 F23 Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 Administrative Judge Michael F. Kennedy Atomic Safety and Licensing Board Panel Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 In the Matter of ENTERGY NUCLEAR OPERATIONS, INC.

(Indian Point Nuclear Generating Units 2 and 3)

Docket Nos. 50-247-LR and 50-286-LR

Dear Administrative Judges:

Pursuant to the Atomic Safety and Licensing Boards December 18, 2008, Memorandum and Order (Addressing Requests that the Proceeding be Conducted Pursuant to Subpart G), slip op. at 13, and the Licensing Board's Order (Granting Consent Motion Regarding Mandatory Disclosures), dated January 30, 2009, at 1, the staff of the U.S. Nuclear Regulatory Commission (Staff) herein notifies the Licensing Board and the parties that the hearing file has been supplemented for this proceeding. 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 Hearing File Index, Supplement 95 is appended hereto as Attachment 1.

On or about January 6, 2017, the documents identified in the hearing file may be accessed through ADAMS or through the Electronic Hearing Docket (EHD), which may be accessed at http://adams.nrc.gov/ehd/. The hearing file will be contained in the Staff Discovery Materials tab of the EHD, in a sub-folder entitled, Indian PT Hearing File, Update 95 in the Indian_PT_2&3_50-247&50-286-LR" folder.

In addition, as required by 10 C.F.R. § 2.336(b)(5), the Staff is producing a privilege log, identifying documents withheld under the deliberative process, appended hereto as Attachment

Judge McDade December 30, 2016 Judge Kennedy Judge Wardwell

2. Also attached is the Declaration of Jane E. Marshall formally invoking the deliberative process privilege with respect to the documents in Attachment 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 William Burton, certifying that all relevant materials required by this section have been disclosed, and that the disclosures are accurate and complete as to documents identified by December 15, 2016.

Finally, the NRC Staff notes that it has made a good faith effort to identify and characterize all documents meeting the criteria of 10 C.F.R. § 2.336(b) and 10 C.F.R. § 2.1203 in this proceeding. In identifying these documents, the Staff does not concede their relevance to the license renewal issues to be decided in this proceeding.

Sincerely,

/Signed (electronically) by/

Vinh Hoang Counsel for NRC Staff

Enclosures:

Attachment 1 - Hearing File Index, Supplement 95 Attachment 2 - Deliberative Process Privilege Log Declaration of Jane E. Marshall Affidavit of William Burton cc w/Encls.: Service List

Attachment 1 - Indian Point License Renewal Hearing File Index Supplement 95 - December 30, 2016 Accession Document ID# Title Number Date 95-01 ML16334A360 11/25/2015 2015/11/25 Indian Point LR Hearing - [External_Sender] Response to Letter-Requests under the CZMA 95-02 ML16298A074 11/14/2016 NRC to Goodwin Procter, Reply to Letter Dated October 14, 2016, Concerning Endangered Species Act Section 7 Conference at Indian Point Nuclear Generating Unit Nos. 2 and 3 for Proposed Atlantic Sturgeon Critical Habitat.

95-03 ML16333A382 11/28/2016 2016/11/28 Indian Point LR Hearing - Teleconference for Indian Point ESA section 7 conference 95-04 ML16340A217 12/05/2016 2016/12/05 Indian Point LR Hearing - RE: IPEC Response to LRA RAI SET 2016-01 95-05 ML16341C789 12/06/2016 2016/12/06 Indian Point LR Hearing - FW: IPEC Response to LRA RAI SET 2016-01

Attachment 2 - Indian Point License Renewal Hearing File Index Deliberative Process Privilege, Supplement 95 - December 30, 2016 Certain documents otherwise subject to inclusion in the hearing file and mandatory disclosures for this proceeding have been determined by the NRC Staff to contain information subject to withholding from public disclosures as predecisional, deliberative information. Pursuant to 10 C.F.R. § 2.336(b)(5), the Staff is providing this log to identify the following documents, withheld under the "deliberative process" privilege.

Addressee Accession Author Name Document Document Page ID # Title Name & Comment Number & Affiliation Date Type Count Affiliation DPP- ML16327A446 G. Newman, 2016/11/01 Indian Point LR 11/01/2016 E-Mail B. Haagensen, Internal discussion 4 95- NRC/RGN-I Hearing - RE: Indian Point NRC/RGN-I of AMP regarding 001 Unit 2 Boraflex One- Boraflex Pager.docx

[

Attachment:

Draft Indian Point Unit 2 Boraflex One-Pager]

DPP- ML16327A642 B. 2016/11/16 Indian Point LR 11/16/2016 E-Mail E. DiPaolo, J. Internal discussion 7 95- Haagensen, Hearing - Report of IPEC Noggle, D. Tifft regarding baffle-002 NRC/RGN-I meeting with the State and (Other NRC former bolts and Local Public Officials 11/16 staff members), other matters NRC/RGN-I DPP- ML16327A641 B. 2016/11/17 Indian Point LR 11/17/2016 E-Mail D. Tifft, Internal discussion 3 95- Haagensen, Hearing - Baffle Bolt Failure NRC/RGN-I regarding baffle-003 NRC/RGN-I mechanisms former bolts DPP- ML16327A131 J. Gavula, 2016/11/22 Indian Point LR 11/22/2016 E-Mail W. Holston, Internal discussion 2 95- NRC/HQ Hearing - FW: EN - INDIAN NRC/HQ regarding service 004 POINT UNIT 2 - SERVICE water piping leaks WATER LEAK INSIDE CONTAINMENT DPP- ML16334A004 W. Ford, 2016/11/28 Indian Point LR 11/28/2016 E-Mail M. Wentzel, Internal discussion 2 95- NRC/HQ Hearing - Indian Point NRC/HQ regarding Indian 005 Groundwater Updated Point FSEIS 1

Attachment 2 - Indian Point License Renewal Hearing File Index Deliberative Process Privilege, Supplement 95 - December 30, 2016 Addressee Accession Author Name Document Document Page ID # Title Name & Comment Number & Affiliation Date Type Count Affiliation DPP- ML16340A084 M. Wentzel, 2016/12/05 Indian Point LR 12/05/2016 E-Mail K. Folk, J. Internal discussion 2 95- NRC/HQ Hearing - RE: Response to Rikhoff, regarding Indian 006 BC Comments on the Indian NRC/HQ Point FSEIS Point Radionuclides Released to Groundwater Sections DPP- ML16340A083 M. Wentzel, 2016/12/05 Indian Point LR 12/05/2016 E-Mail K. Folk, J. Internal discussion 2 95- NRC/HQ Hearing - Response to BC Rikhoff, regarding Indian 007 Comments on the Indian NRC/HQ Point FSEIS Point Radionuclides Released to Groundwater Sections DPP- ML16341D177 K. Folk, 2016/12/06 Indian Point LR 12/06/2016 E-Mail M. Wentzel, J. Internal discussion 3 95- NRC/HQ Hearing - RE: Response to Rikhoff, regarding Indian 008 BC Comments on the Indian NRC/HQ Point FSEIS Point Radionuclides Released to Groundwater Sections DPP- ML16343A855 J. Gavula, 2016/12/08 Indian Point LR 12/08/2016 E-Mail W. Holston, Internal discussion 3 95- NRC/HQ Hearing - IP RAI Response NRC/HQ regarding Indian 009 Question Point Requests for Additional Information 2

December 30, 2016 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

ENTERGY NUCLEAR OPERATIONS, INC. ) Docket Nos. 50-247-LR, 50-286-LR

)

)

(Indian Point Nuclear Generating )

Units 2 and 3) )

AFFIDAVIT OF WILLIAM BURTON CONCERNING MANDATORY DISCLOSURE REQUIREMENT OF 10 C.F.R. § 2.336(b)

I, William Burton, do hereby state as follows:

1. I am employed as a Project Manager in the U.S. Nuclear Regulatory Commissions (NRC) Nuclear Reactor Regulation. I currently serve as a project manager for the Indian Point Nuclear Generating Units 2 and 3 license renewal application (LRA). Among my other duties as project manager, since November 2016, I have been assisting with the preparation of the hearing file and mandatory disclosures in connection with the LRA at issue in this proceeding.

2. I hereby certify that all relevant materials required to be disclosed pursuant to 10 C.F.R. § 2.336 (b) and (c) in the captioned proceeding have been disclosed, and that the disclosures are accurate and complete for documents identified as of December 15, 2016.

3. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information and belief.

Executed in Accord with 10 CFR 2.304(d)

William Burton Executed in Rockville, Maryland this 30th day of December, 2016

December 30, 2016 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

ENTERGY NUCLEAR OPERATIONS, INC. ) Docket Nos. 50-247-LR, 50-286-LR

)

)

(Indian Point Nuclear Generating Units 2 and 3) )

DECLARATION OF JANE E. MARSHALL I, Jane E. Marshall, do hereby state as follows:

1. I am employed as the Acting Director of the Division of License Renewal (DLR) in the U.S. Nuclear Regulatory Commissions (NRC) Office of Nuclear Reactor Regulation (NRR).

My supervisory responsibilities include oversight of the NRC Staffs review and evaluation of the Indian Point Nuclear Generating Units 2 and 3 license renewal application.

2. As part of their responsibilities in updating the hearing file and mandatory disclosures for these proceedings, NRC staff members under my supervision identified documents as privileged because they contained information concerning the Staffs pre-decisional deliberative process. The documents are listed in Attachment 2 to the submission of the Staffs Hearing File Index Supplement 95.

3. I have personally reviewed the documents identified as privileged in , and have determined, in accordance with the guidance set forth in Management Directive 3.4, that they contain pre-decisional information concerning the Staffs review of the license renewal application. The documents contain either the Staffs analyses, recommendations, opinions, or evaluations, and may not necessarily reflect the final agency

position with respect to the matters discussed therein. The documents comprise part of the deliberative process necessary for the Staffs review of the pending license renewal application.

4. Further, I have determined that disclosure of the 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 create 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 Staffs 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 the documents listed in Attachment 2 to the submission of the Staffs Hearing File Index Supplement 95.

6. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information and belief.

Executed in Accord with 10 CFR 2.304(d)

Jane E. Marshall Executed in Rockville, Maryland this 30th day of December, 2016

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

ENTERGY NUCLEAR OPERATIONS, INC. ) Docket Nos. 50-247-LR, 50-286-LR

)

(Indian Point Nuclear Generating )

Units 2 and 3) )

CERTIFICATE OF SERVICE Pursuant to 10 C.F.R § 2.305 (revised), I hereby certify that copies of the foregoing Letter to the Atomic Safety and Licensing Board regarding the Indian Point Hearing File, including: - Indian Point License Renewal Hearing File Index Supplement 95; Attachment 2 -

Indian Point License Renewal Hearing File Index Supplement 95 - Deliberative Process Privilege; Declaration of Jane E. Marshall, dated December 30, 2016; and Affidavit of William Burton, dated December 30, 2016, in the above-captioned proceeding have been served upon the Electronic Information Exchange, the NRCs E-Filing System, this 30th day of December, 2016.

/Signed (electronically) by/

Vinh D. Hoang Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-14 A44 Washington, DC 20555 Telephone: (301) 287-9196 Fax: (301) 415-3200 E-mail: vinh.hoang@nrc.gov Date of signature: December 30, 2016