ML12152A023
| ML12152A023 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 05/31/2012 |
| From: | Harris B NRC/OGC |
| To: | Kennedy M, Lawrence Mcdade, Richard Wardwell Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 22520, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01 | |
| Download: ML12152A023 (10) | |
Text
May 31, 2012
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
Michael F. Kennedy 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
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
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 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 40 is appended hereto as Attachment 1.
On or about June 8, 2012, the documents identified in the hearing file will be made available via the Electronic Hearing Docket ("EHD"), which may be accessed at the following URL:
http://ehd.nrc.gov/EHD_Proceeding/home.asp. The hearing file will be contained in a sub-folder entitled, "Indian PT Hearing File, Supplement 40" 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 a privilege log, identifying documents withheld under the deliberative process privilege, which is appended hereto as Attachment 2. Also attached is the Declaration of Brian E. Holian formally invoking the deliberative process privilege with respect to the documents in Attachment 2.
UNITED STATESNUCLEAR REGULATORY COMMISSIONWASHINGTON, DC 20555 - 0001
Judge McDade May 31, 2012 Judge Kennedy Judge Wardwell The Staff will preserve and maintain the privileged documents identified in the log during the pendency of this proceeding.
Further, pursuant to 10 C.F.R. § 2.336(c), attached is the Affidavit of Kimberly J. Green, 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 May 22, 2012.
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 Brian G. Harris Counsel for NRC Staff
Enclosures:
Attachment 1 - Hearing File Index, Supplement 40 Attachment 2 - Deliberative Process Privilege Log Declaration of Melanie A. Galloway Affidavit of Kimberly J. Green
cc w/Encls.: Service List - Indian Point License Renewal Hearing File Index Supplement 40 - May 31, 2012 ID# Accession Number Document Date Title 40-0001 ML12138A469 05/17/2012 2012/05/17 Indian Point LR Hearing - FW: Indian Point: Request to Reinitate Section 7 Consultation for the Indian Point Nuclear Generating Unit Nos. 2 and 3 Due To Listing of Atlantic Sturgeon 40-0002 ML12111A170 04/20/2012 2012/04/20 Indian Point LR Hearing - FW: INDIAN POINT NUCLEAR GENERATING UNIT 2: NRC INSPECTION REPORT 05000247/2012008
- Indian Point License Renewal Hearing File Index Deliberative Process Privilege, Supplement 40 - May 31, 2012 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, deliberativ e 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.
ID # Accession Number Author Name & Author Affiliation Title Document Date Document Type Addressee Name & Addressee Affiliation Comment Estimated Page Count DPP-040-0001 ML12125A073 K. Green ,NRC/NRR 2012/05/04 Indian Point LR Hearing -
Another change 05/04/2012 E-Mail D. Logan ,NRC/NRR/DL R Discussion on changes to SDEIS 2 DPP-040-0002 ML12123A669 J. Poehler ,NRC/NRR 2012/05/02 Indian Point LR Hearing -
Indian Point 2 and 3
RAI's 05/02/2012 E-Mail S.
Rosenberg,N RC/NRR/DLR Discussion of RAI for
Reactor Vessel Internals 2
May 30, 2012 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 & 50-286-LR
)
) (Indian Point Nuclear Generating Units 2 and 3) )
DECLARATION OF BRIAN E. HOLIAN
I, Brian E. Holian, do hereby state as follows:
- 1. I am employed as the Director of the Division of License Renewal ("DLR") in the U.S. Nuclear Regulatory Commission's ("NRC") Office of Nuclear Reactor Regulation ("NRR"). My supervisory responsibilities include oversight of the NRC Staff's 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 contai ned information concerning the Staff's pre-decisional deliberative process. The documents are listed in Attachment 2 to the submission of the Staff's Hearing File Index Supplement 40. 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 pre-decisional information concerning the Staff's review of the license renewal application. The 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. The documents comprise part of the deliberative process necessary for the Staff's 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 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 the documents listed in Attachment 2 to the submission of the Staff's Hearing File Index Supplement 40. 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).
Brian E. Holian
Executed in Rockville, Maryland this 30th day of May, 2012
May 30, 2012 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 & 50-286-LR
)
) ASLBP No. 07-858-03-LR-BD01 (Indian Point Nuclear Generating ) Units 2 and 3) )
AFFIDAVIT OF KIMBERLY J. GREEN I, Kimberly J. Green, do hereby state as follows:
- 1. I am employed as a Senior Mechanical Engineer in the Division of License Renewal in the U.S. Nuclear Regulatory Commission's ("NRC") Office of 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 October 2011, I have been responsible for compiling and producing the NRC Staff's ("Staff") hearing file and mandatory disclosures in the NRC adjudicatory proceeding for the Indian Point LRA. 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 May 22, 2012. 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).
Kimberly J. Green
Executed in Rockville, Maryland this 30th day of May, 2012
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
In the Matter of )
)
ENTERGY NUCLEAR OPERATIONS, INC. ) Docket Nos. 50-247/286-LR ) (Indian Point Nuclear Generating ) Units 2 and 3) )
CERTIFICATE OF SERVICE
I hereby certify that copies of the foregoing Letter to the Atomic Safety and Licensing Board regarding the Indian Point Hearing File, including: Attachment 1 - Indian Point License Renewal Hearing File Index Supplement 40, Affidavit of Kimberly J. Green, dated May 30, 2012, Attachment 2 - Indian Point License Renewal Hearing File Index Supplement 40 - Deliberative Process Privilege, and Declaration of Brian E. Holian, dated May 30, 2012, in the above-captioned proceeding have been served on the following by Electronic Information Exchange this 31st day of May, 2012.
Lawrence G. McDade, Chair Atomic Safety and Licensing Board Panel
Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 E-mail: Lawrence.McDade@nrc.gov Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Mail Stop: O-16G4 Washington, DC 20555-0001 E-mail: OCAAMAIL.resource@nrc.gov Dr. Richard E. Wardwell Atomic Safety and Licensing Board Panel
Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 E-mail: Richard.Wardwell@nrc.gov Office of the Secretary Attn: Rulemaking and Adjudications Staff Mail Stop: O-16G4 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: Hearing.Docket@nrc.gov Dr. Michael F. Kennedy Atomic Safety and Licensing Board Panel Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001
E-mail: Michael.Kennedy@nrc.gov Josh Kirstein, Esq. Anne Siarnacki, Esq. Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U. S, Nuclear Regulatory Commission Washington, D.C. 20555-0001
E-Mail: Josh.Kirstein@nrc.gov E-Mail: Anne.Siarnacki@nrc.gov
Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission
Mail Stop: T-3 F23 Washington, DC 20555-0001 Melissa-Jean Rotini, Esq. Assistant County Attorney
Office of Robert F. Meehan, Esq.
Westchester County Attorney 148 Martine Avenue, 6th Floor
White Plains, NY 10601
E-Mail: MJR1@westchestergov.com Kathryn M. Sutton, Esq. Paul M. Bessette, Esq.
Jonathan Rund, Esq.
1111 Pennsylvania Avenue, NW Washington, D.C. 20004 E-mail: ksutton@morganlewis.com E-mail: pbessette@morganlewis.com E-mail: jrund@morganlewis.com John J. Sipos, Esq. Charlie Donaldson, Esq. Assistants Attorney General New York State Department of Law Environmental Protection Bureau
The Capitol Albany, NY 12224 E-mail: John.Sipos@ag.ny.gov Martin J. O'Neill, Esq.
1000 Louisiana Street, Suite 4000
Houston, TX 77002 E-mail: martin.o'neill@morganlewis.com Elise N. Zoli, Esq.
Goodwin Procter, LLP Exchange Place
53 State Street Boston, MA 02109 E-mail: ezoli@goodwinprocter.com
Janice A. Dean, Esq. Assistant Attorney General, Office of the Attorney General of the State of New York
120 Broadway, 25 th Floor New York, NY 10271
E-mail: Janice.Dean@ag.ny.gov Michael J. Delaney, Esq.
Director, Energy Regulatory Affairs New York City Department of Environmental Protection 59-17 Junction Boulevard Flushing, NY 11373
E-mail: mdelaney@dep.nyc.gov William C. Dennis, Esq.
Assistant General Counsel Entergy Nuclear Operations, Inc. 440 Hamilton Avenue
White Plains, NY 10601
E-mail: wdennis@entergy.com John Louis Parker, Esq. Office of General Counsel, Region 3 New York State Department of Environmental conservation
21 South Putt Corners Road
New Paltz, NY 12561-1620
E-mail: jlparker@gw.dec.state.ny.us Daniel E. O'Neill, Mayor James Seirmarco, M.S.
Village of Buchanan Municipal Building
Buchanan, NY 10511-1298 E-mail: vob@bestweb.net E-mail: smurray@villageofbuchanan.com Manna Jo Greene Karla Raimundi
Hudson River Sloop Clearwater, Inc.
724 Wolcott Avenue
Beacon, NY 12508 E-mail: mannajo@clearwater.org E-mail: karla@clearwater.org
Robert Snook, Esq. Office of the Attorney General State of Connecticut 55 Elm Street P.O. Box 120
Hartford, CT 06141-0120
E-mail: robert.snook@ct.gov Daniel Riesel, Esq.
Thomas F. Wood, Esq.
Victoria Shiah, Esq. Sive, Paget & Riesel, P.C.
460 Park Avenue
New York, NY 10022 E-mail: driesel@sprlaw.com E-mail: vshiah@sprlaw.com Phillip Musegaas, Esq. Deborah Brancato, Esq.
Riverkeeper, Inc.
20 Secor Road
Ossining, NY 10562 E-mail: phillip@riverkeeper.org E-mail: dbrancato@riverkeeper.org Signed (electronically) by
Brian G. Harris Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-1392 E-mail: brian.harris@nrc.gov Date of signature: May 31, 2012