ML090580624
| ML090580624 | |
| Person / Time | |
|---|---|
| Site: | Prairie Island  |
| Issue date: | 02/27/2009 |
| From: | Mizuno B NRC/OGC |
| To: | Gary Arnold, William Froehlich, Hirons T Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| Shared Package | |
| ML090580616 | List: |
| References | |
| 50-282-LR, 50-306-LR, ASLBP 08-871-01-LR-BD01, RAS 2651 | |
| Download: ML090580624 (5) | |
Text
February 27, 2009
Administrative Judge
William J. Froehlich, Chair
Atomic Safety and Licensing Board Panel
Mail Stop T-3 F23
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001
Administrative Judge
Gary S. Arnold
Atomic Safety and Licensing Board Panel
Mail Stop - T-3 F23
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001 Administrative Judge Thomas J. Hirons
Atomic Safety and Licensing Board Panel
Mail Stop T-3 F23
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001
In the Matter of NUCLEAR MANAGEMENT COMPANY, LLC (Prairie Island Nuclear Generating Plant, Units 1 and 2)
Docket Nos. 50-282-LR and 50-306-LR; ASLBP No. 08-871-01-LR
Dear Administrative Judges:
Pursuant to the Atomic Safety and Licensing Board's February 18, 2009 Memorandum and Order (Prehearing Conference Call Summary and Initial Scheduling Order), slip op. at 2-3, and
the telephone conference call held on February 5, 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 to be produced or
disclosed pursuant to 10 C.F.R. § 2.1203, as well as the Staff's mandatory disclosures pursuant
to 10 C.F.R. § 2.336(b)(1), (2), and (4), and § 2.336(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 1.
The hearing file is 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, "Prairie Island Hearing File" in the "Prairie Island_1&2_50-
282&50-306-LR" folder of the EHD.
The NRC Staff has identified reference and research material that support its review of the
Prairie Island License Renewal Application. Those documents are disclosed in "Documents
Identified Pursuant to 10 C.F.R. § 2.336(b)(3)," which is appended hereto as Attachment 2.
W. Froehlich -
2 - February 27, 2009 T. Hirons
G. Arnold
Pursuant to 10 C.F.R. § 2.336(b)(5), the Staff is producing logs identifying documents withheld
under the deliberative process privilege and the a ttorney client and the attorney work product privileges (Attachment 3). The Staff is also identifying documents containing proprietary or
sensitive information or constituting confidentia l intergovernmental communications (Attachment 4). The Declaration of Brian E. Holian, which formally invokes the deliberative process privilege
with respect to the documents identified in Attachment 3, is Attachment 5.
The Staff will preserve and maintain the privileged documents identified in these logs during the
pendency of this proceeding.
Pursuant to 10 C.F.R. § 2.336(c), attached are the affidavits of Nathan E. Goodman and
Richard A. Plasse, Jr., certifying that all relevant materials, identified by the Staff by February
18, 2009 and required by the regulation to be disclosed, have been disclosed and that the
disclosures are accurate and complete. Mr. Goodman's and Mr. Plasse's affidavits are
Attachments 6 and 7, respectively.
In its February 18, 2009, Memorandum and Order, slip op. at 3, the Board instructed the Staff to
submit a report on February 27, 2009, to be updated on the last business day of each month
thereafter, that provides the Staff's best estimate of the dates that it expects to issue the draft
and final versions of Supplemental Environmental Impact Statement ("SEIS") and the Safety
Evaluation Report. The draft and final SEIS are currently scheduled to be issued on June 11, 2009 and January 6, 2010, respectively. The Safety Evaluation, with open items, is currently
scheduled to be issued on May 15, 2009 and the final Safety Evaluation Report is currently
scheduled to be issued on October 22, 2009. In addition, the Board asked the Staff to report
the dates that the Staff believes that the Advisory Committee on Reactor Safeguards ("ACRS")
and its subcommittees will issue their respective letters or reports regarding the Prairie Island
License Renewal Application. At this time, the Staff does not know when the ACRS or its
subcommittees will issue their letters or reports. When the Staff obtains those dates, the Staff
will provide that information in its monthly report.
Finally, the Board ordered the Staff to update the Milestones page on the Commission's web
site regarding the Prairie Island License Renewal. The information on the Milesatones page is
current as of this date.
Sincerely,
Beth N. Mizuno Counsel for NRC Staff
W. Froehlich -
3 - February 27, 2009 T. Hirons
G. Arnold
Enclosures:
Hearing File Index Documents Identified Pursuant to 10 C.F.R. § 2.336(b)(3)
Privilege Log - Deliberative Process, Attorney/Client, and Attorney Work Product Privilege Log - Proprietary, Sensitive Information, And Intergovernmental Declaration of Brian E. Holian Affidavit of Nathan E. Goodman Affidavit of Richard A. Plasse, Jr.
cc: Service List UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
In the Matter of )
)
NUCLEAR MANAGEMENT COMPANY, LLC ) Docket Nos. 50-282-LR/ 50-306-LR
)
(Prairie Island Nuclear Generating Plant ) ASLBP No. 08-871-01-LR-BDOI Units 1 and 2 )
CERTIFICATE OF SERVICE
I hereby certify that copies of the foregoing "NRC STAFF'S LETTER TRANSMITTING HEARING FILE AND INITIAL DISCLOSURES; ATTACHMENT 1 (HEARING FILE INDEX);
ATTACHMENT 2 (DOCUMENTS IDENTIFIED PURSUANT TO 10 C.F.R. § 2.336(b)(3));
ATTACHMENT 3 (PRIVILEGE LOG, DELIBERATIVE PROCESS, ATTORNEY/CLIENT AND
ATTORNEY WORK PRODUCT); ATTACHMENT 4 (PRIVILEGE LOG, PROPRIETARY, SENSITIVE INFORMATION AND INTERGOVERNMENTAL); ATTACHMENT 5 (DECLARATION OF BRIAN E. HOLIAN); ATTACHMENT 6 (AFFIDAVIT OF NATHAN E.
GOODMAN); ATTACHMENT 7 (AFFIDAVIT OF RICHARD A. PLASSE, JR.)" dated February
27, 2009, have been served upon the following by the Electronic Information Exchange, this 27 th day of February, 2009:
Administrative Judge Administrative Judge William J. Froehlich, Chair Gary S. Arnold 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
E-mail: wjf1@nrc.gov E-mail: gxa1@nrc.gov
Administrative Judge Office of Commission Appellate Thomas J. Hirons Adjudication Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Mail Stop - O-16G4 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail:
HEARINGDOCKET@nrc.gov E-mail: thomas.hirons@nrc.gov
2Office of the Secretary Peter M. Glass, Esq. Attn: Rulemakings and Adjudications Staff Xcel Energy Services, Inc.
U.S. Nuclear Regulatory Commission 414 Nicollet Mall Washington, DC 20555-0001 Minneapolis, Minnesota 55401
E-mail: HEARINGDOCKET@nrc.gov E-mail:
peter.m.glass@xcelenergy.com
David R. Lewis, Esq. Phillip R. Mahowald, Esq.
Pillsbury, Winthrop, Shaw, Pittman, LLP General Counsel 2300 N Street, N.W. Prairie Island Indian Community Washington, D.C. 20037-1122 Legal Department
E-mail: david.lewis@pillsburylaw.com 5636 Sturgeon Lake Road Welch, MN 55089 E-mail:
pmahowald@piic.org
/Signed (electronically) by/
Beth N. Mizuno Counsel for NRC Staff
U.S. Nuclear Regulatory Commission
Mail Stop O-15D21
Washington, DC 20555-0001
(301) 415-3122
Beth.Mizuno@nrc.gov