ML053260503

Entergy'S Eleventh Supplemental Discovery Disclosures

ML053260503
Person / Time
Site:	Vermont Yankee
Issue date:	11/10/2005
From:	Silberg J Entergy Nuclear Operations, Entergy Nuclear Vermont Yankee, Pillsbury, Winthrop, Shaw, Pittman, LLP
To:	Atomic Safety and Licensing Board Panel
Byrdsong A T
References
50-271-OLA, ASLBP 04-832-02-OLA, RAS 10755
Download: ML053260503 (8)

Text

i WA5 ID 7-66 November 10, 2005 DOCKETED UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION November 10, 2005 (11:26am)

Before the Atomic Safety and Licensing Board OFFICE OF SECRETARY RULEMAKINGS AND

) ADJUDICATIONS STAFF In the Matter of

) Docket No. 50-271 ENTERGY NUCLEAR VERMONT )

YANKEE, LLC and ENTERGY ) ASLBP No. 04-832-02-OLA NUCLEAR OPERATIONS, INC. ) (Operating License Amendment)

(Vermont Yankee Nuclear Power Station) )

)

ENTERGY'S ELEVENTH SUPPLEMENTAL DISCOVERY DISCLOSURES Pursuant to 10 C.F.R. § 2.336(d), Applicants Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc. ("Entergy") hereby make the following supplemental discovery disclosures.'

Documents and Data Compilations Additional non-privileged, non-proprietary documents and data compilations relevant to the admitted contentions are being provided to the parties as follows: one compact disk is being provided to the Vermont Department of Public Service ("DPS") with respect to Contentions DPS 1 and 2; one compact disk is being provided to the New England Coalition ("NEC") with respect to Contentions NEC 3 and 4; and two compact disks are being provided to the NRC Staff with respect to Contentions DPS 1 and 2 and NEC 3 and 4.

Because of schedule conflicts, this set of supplementary disclosures is submitted four days early. The next set will be provided on its due date, December 14, 2005.

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In addition, following is a supplement to the log provided on March 31, 2005 of documents ("Proprietary Documents") that counsel for Entergy in good faith believes contain information that qualifies under 10 C.F.R. § 2.390(a)(4) and (b)(4)(i)-(v) as a trade secret and commercial or financial information of Entergy or its vendors and contractors and should be protected in accordance with the terms of the Board's Order (Protective Order Governing Non-Disclosure of Proprietary Information) dated March 1, 2005:

Documents relating to Contentions DPS 1&2:

Document Bates Range Doctitle Company Number EPU005193 EPU 127986 - RAI 68. Contains details of GE's proprietary core analysis methods GE EPU 127992 ncluding results and comparison to plant data.

PU 127993 - ngineering Task Report: Core Spray System. Contains details of GE's EPU005194 PU 128037 ethodology, assumptions and results for performing analyses in support of GE

_ x Constant Pressure Power Uprate.

EPU005200 PU 128038 - RAI. Contains details of GE's proprietary core analysis methods including GE

_PU 128053 esults and comparison to plant data.

EPU005202 PU 128054 - RAI. Contains details of GE's proprietary core analysis methods including GE

_PU 128069 esults and comparison to plant data.

PU005204 EPU 128070 - esults EP_005204EPU 128085

. Contains details of GE's proprietary core analysis methods including and comparison to plant data.

GE EPU005206 EPU 128086 - RAI. Contains details of GE's proprietary core analysis methods including GE EPU 128102 esults and comparison to plant data.

PU005208 PU 128103 - RAI. Contains details of GE's proprietary core analysis methods including GE

_PU 128117 esults and comparison to plant data.

EPU 128118 - Email subject: reformatted Email has attached the Draft reformatted RAI08.

PU005210 EPU 128132 Electrical I9lruhl and Instrumentation and Controls Branch (EEIB) RAI's 6 7 8 30 GE L; .1 59 through 7 1.

PU005213 PU 128133 - RAY. Contains details of.GE's proprietary core analysis methods including GE EPU 128150 esults and comparison to plant data.

PU005216 PU 128151 - RAI. Contains details of GE's proprietary core analysis methods including GE 5 PU 128168 esults and comparison to plant data.

PU005219 PU 128169 - RAI. Contains details of GE's proprietary core analysis methods including GE EPU 128186 esults and comparison to plant data.

EPU 128187 - RAI. Contains details of GE's proprietary core analysis methods including GE PU005222 PU 128204 esults and comparison to plant data. GE PU005224 EPU 128205 - RAIs SRXB-59-64 66 69 and 70. Contains details of GE's proprietary core GE cPU00524 EPU 128259 nalysis methods including results and comparison to plant data.

U005267 EPU 128260 - Technical Evaluation No. 2003-0062. Contains detailed results from GE's GE GPU 67 EPU 128269 proprietary LOCA methodology.

EPU005269 PU 128270 - RAI Draft Response 68. Contains details of GE's proprietary core analysis GE

_EPU 128280 methods including results and comparison to plant data.

PU005271 PU 128281 - hAI Draft Response 68. Contains details of GE's proprietary core analysis GE EPU 128291 nethods including results and comparison to plant data.

Document Bates Range Doctitle Company Number Company__

EP- 005273 EPU 128292 - RAI Draft Response 68. Contains details of GE's proprietary core analysis GE PU 128304 methods including results and comparison to plant data.

EPU00523 G PU005275 PU 128305 - RA Response BVY 05-088. Contains details of GE's proprietary core GE

_PU 128333 analysis methods including results and comparison to plant data.

EPU005277 PU 128334 - R Response BVY 05-088. Contains details of GE's proprietary core GE

_PU 128362 nalysis methods including results and comparison to plant data.

005279 PU 128363 - R Response BVY 05-088. Contains details of GE's proprietary core GE

_ _ EPU 128390 nalysis methods including results and comparison to plant data.

EPU005281 PU 128391- RA Response BVY 05-088. Contains details of GE's proprietary core GE

_PU 128418 aalysis methods including results and comparison to plant data.

EPU 128419 - RAI Draft Response 68. Contains details of GE's proprietary core analysis GE EPU005283 EPU 128451 methods including results and comparison to plant data.

EPU005284 EPU 128452 - RAI Draft Response 68. Contains details of GE's proprietary core analysis GE EPU 128488 methods including results and comparison to plant data.

EPU 128489 - RAI Draft Response 68. Contains details of GE's proprietary core analysis GE PU005286 PU 128521 methods including results and comparison to plant data.

PU005287 PU 128522 - RA Draft Response 68. Contains details of GE's proprietary core analysis GE PU 128558 methods including results and comparison to plant data.

PU005291 rPU 128559 - R Response BVY 05-088. Contains details of GE's proprietary core GE

_PU005 EPU 128576 nalysis methods including results and comparison to plant data.

EPU005295 EPU 128577 - RA Response BVY 05-088. Contains details of GE's proprietary core GE EPU 128594 analysis methods including results and comparison to plant data.

EPU 128595 - mail subject: BVY 05-088 I emailed the attached files to Rick Ennis.

PU005297 EPU128596 Attachment I of BVY 05-088 (in both PDF and Word) contains GE PROPRIETARY INFORMATION -_. -

EPU005299 PU 128597 - RA Response BVY 05-088. Contains details of GE's proprietary core GE EPU 128614 nalysis methods including results and comparison to plant data.

EPU005300 _PU 128615 - RA Response BVY 05-088. Contains details of GE's proprietary core GE

_PU 128632 nalysis methods including results and comparison to plant data.

PU005306 PU 128633 - RA Response BVY 05-088. Contains details of GE's proprietary core GE

_ PU 128650 nalysis methods including results and comparison to plant data.

BVY 05-088. Contains details of GE's proprietary core GE 128668 - [A PU Response EPU005307 _ PU 128651 nalysis methods including results and comparison to plant data.

These documents are being provided to DPS pursuant to the terms of the Board's March 1, 2005 Protective Order, under which the documents and the proprietary information they contain can only be made available to persons executing Confidentiality and Non-Disclosure Agreements substantially identical to the form included in Attachment A to the Protective Order.

Entergy is providing documents relating to NEC Contention 4, which was dismissed by the Board as moot in its Memorandum and Order LBP-05-24 (September 1, 2005). This discovery is provided for completeness, since the Board's Memorandum and Order granted NEC leave to file a new or amended contention challenging the adequacy of Entergy's seismic and structural analysis of the Vermont Yankee cooling towers, and NEC filed a request for admission of such a contention on September 21, 2005. Provision of this discovery does not constitute an admission by Entergy that the new contention proposed by NEC is admissible.

Respectfully submitted, Jay E. ibeg Matias F. Travieso-Diaz PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, N.W.

Washington, DC 20037-1128 Tel. (202) 663-8063 Counsel for Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc.

Dated: November 10, 2005 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board

)

In the Matter of )

) Docket No. 50-271 ENTERGY NUCLEAR VERMONT )

YANKEE, LLC and ENTERGY ) ASLBP No. 04-832-02-OLA NUCLEAR OPERATIONS, INC. ) (Operating License Amendment)

(Vermont Yankee Nuclear Power Station) )

)

CERTIFICATE OF SERVICE I hereby certify that copies of "Entergy's Eleventh Supplemental Discovery Disclosures" and "Certification of Entergy's Eleventh Supplemental Discovery Disclosures - Affidavit of Craig J. Nichols" were served on the persons listed below by deposit in the U.S. mail, first class, postage prepaid, and where indicated by an asterisk by electronic mail, this 10th day of November, 2005.

• Administrative Judge *Administrative Judge Alex S. Karlin, Chair Lester S. Rubenstein Atomic Safety and Licensing Board Panel 4760 East Country Villa Drive Mail Stop T-3 F23 Tucson AZ 85718 U.S. Nuclear Regulatory Commission lesrrr-Rcomcast.net Washington, D.C. 20555-0001 ask2Plnrc.gov

• Administrative Judge Atomic Safety and Licensing Board Dr. Anthony J. Baratta Mail Stop T-3 F23 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop T-3 F23 Washington, D.C. 20555-0001 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 aib5Pinrc.gov

• Secretary Office of Commission Appellate Att'n: Rulemakings and Adjudications Staff Adjudication Mail Stop 0-16 Cl Mail Stop 0-16 Cl U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 secyv(nrc.gov, hearingdocket(inrc.gov

• Sarah Hofmann *Shenvin E. Turk, Esq.

Special Counsel *Robert Weisman, Esq.

Department of Public Service *Jason C. Zom, Esq.

112 State Street - Drawer 20 Office of the General Counsel Montpelier, VT 05620-2601 Mail Stop 0-15 D21 Sarah.Hofmann(istate.vt.us U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 set(i)nrc.gov, rmw(inrc.gov, icz(inrc.gov

• Anthony Z. Roisman *Raymond Shadis National Legal Scholars Law Firm New England Coalition 84 East Thetford Rd. P.O. Box 98 Lyme, NH 03768 Shadis Road aroisman(i),nationallegalscholars.com Edgecomb ME 04556 shadis()prexar.com

• Jonathan Rund Atomic Safety and Licensing Board Panel Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 jmr3Pinrc.gov Matia F.a-Matias F. Travieso-Diaz UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

) Docket No. 50-271 ENTERGY NUCLEAR VERMONT )

YANKEE, LLC and ENTERGY ) ASLBP No. 04-832-02-OLA NUCLEAR OPERATIONS, INC. ) (Operating License Amendment)

(Vexnont Yankee Nuclear Power Station) )

3 CERTIFICATION OF ENTERGY'S ELEVENTH SUPPLEMENTAL DISCOVERY DISCLOSURES AFFIDAVIT OF CRAIG J. NICHOLS County of Windham )

State of Vermont )

T,Craig J. Nichols, being duly sworn according to law, depose and state the following:

1. I am the Extended Power Uprate Project Manager for Entergy Nuclear Operations, Inc. My business address is 320 Governor Hunt Road, P.O. Box 250, Vernon, VT 053 54. I am authorized to provide this certification, pursuant to 10 C.P.R. § 2.336(c), on behalf of Entergy Nuclear Vermont Yankee, LLC and Entergy Nuclear Operations, Inc. ('Entergy").

2. As Extended Power Uprate Project Manager I am responsible for the gathering and preparation of all of the analyses and documentation associated with the Extended Power Uprate for Vermont Yankee Nuclear Power Station. In connection with Entergy's eleventh supplemental document disclosures in this proceeding, I have personally overseen the review and classification of all relevant documents and the production of the file compilations being provided by Entergy.

3. To the best of my knowledge, information and belief, Entergy's Eleventh Supplemental Discovery Disclosures, dated November 10, 2005, describe and transmit all materials required to be disclosed by 10 C.F.R. § 2.336(d) that were identified as relevant to the admitted contentions through a search of the information and documentation reasonably available to and under Entergy's possession, custody, or control.

4. Further, to the best ofmy knowledge, information, and belief, and based on a review of the information and documentation currently reasonably available to and under the possession, custody, or control of Entergy, these disclosures are accurate and complete as of the date of this certification.

Further, the affiant sayeth not.

Craig J. Nichols Subscribed and sworn to before me My commission expires lzb 6-