ML071010414
| ML071010414 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 04/11/2007 |
| From: | Baty M C NRC/OGC |
| To: | Abramson P B, Baratta A J, Hawkens E R Atomic Safety and Licensing Board Panel |
| M C Baty, OGC,301-415-1324 | |
| References | |
| 50-219-LR, ASLBP 06-844-01-LR, RAS 13473 | |
| Download: ML071010414 (10) | |
Text
April 11, 2007 E. Roy Hawkens, Chair Administrative Judge
Atomic Safety and Licensing Board
U.S. Nuclear Regulatory Commission
Mail Stop: T-3F23
Washington, DC 20555-0001 Paul B. Abramson Administrative Judge
Atomic Safety and Licensing Board
U.S. Nuclear Regulatory Commission
Mail Stop: T-3F23
Washington, DC 20555-0001 Anthony J. Baratta Administrative Judge
Atomic Safety and Licensing Board
U.S. Nuclear Regulatory Commission
Mail Stop: T-3F23
Washington, DC 20555-0001 In the Matter of AMERGEN ENERGY COMPANY, LLC (License Renewal for Oyster Creek Nuclear Generating Station)
Docket No. 50-219-LR
Dear Administrative Judges:
Pursuant to 10 C.F.R. §§ 2.1203(c) and 2.336(d), the staff of the Nuclear Regulatory Commission ("Staff") herein notifies the Licensing Board and the parties that it has updated the
hearing file and disclosures for this proceeding in accordance with the Board's Memorandum
and Order of April 19, 2006, and LBP-06-22, 64 NRC 229 (2006). Materials in this supplement
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 this supplement is appended hereto as Attachment 1. In addition, on or about
Wednesday, April 11, 2007, materials in this supplement will be made available via the
Electronic Hearing Docket ("EHD"), which may be accessed at the following URL:
http://www.nrc.gov/reading-rm/ehd.html/. Materials in Supplement 8 will be contained in a
sub-folder entitled, "Hearing File Supplement 8" in the "Oyster Creek 50-219-LR" folder of the EHD. The Staff is also updating its deliberative process privilege log at this time, which is appended hereto as Attachment 2. The Staff will preserve and maintain all privileged documents during
the pendency of this proceeding. Also attached, are the Affidavit of Donnie J. Ashley, as
required by 10 C.F.R. § 2.336(c), and the Declaration of Pao-Tsin Kuo Director of License
Renewal, formally invoking the deliberative process privilege. The final Safety Evaluation Report was issued on March 29, 2007, and distributed to the Board and the Parties by letter dated April 2, 2007.
Sincerely,/RA/Mary C. Baty Counsel for the NRC Staff
Enclosures:
Attachment 1: Hearing File Index - Supplement 8Attachment 2: Privilege Log - Deliberative Process- Supplement 8
Declaration of Pao-Tsin Kuo
Affidavit of Donnie J. Ashleycc:See attached Service List Page 1 of 2ATTACHMENT 1OYSTER CREEK HEARING FILE AND MANDATORY DISCLOSURES HEARING FILE INDEX Supplement 8 -April 11, 2007 Supp.No.Accession NumberDocument DateTitle/Description:08-01ML0702601771/17/2007Fwd e-mail from R. Webster re material condition of the containment drywell shell at Oyster Creek08-02ML0703804811/30/2007G20070092/LTR-07-0087 - Letter from Rep. Jim Saxton re Oyster Creek - Floor Structure of the Spent Fuel Pool08-03ML0704003551/31/2007Y020070034 - Letter from State of New Jersey requesting that the NRC require the Oyster Creek Licensee to submit a drywell structural analysis similar to the
analysis performed by Sandia National Laboratories08-04ML0707104223/2/2007Letter from Richard Webster to the NRC re NRC's Response to Violation of NRC Regulations at Oyster Creek Nuclear Power Plant08-05ML0704400183/2/2007P.T. Kuo letter responding to request to have the NRC require the Oyster Creek Licensee to submit a drywell structural analysis similar to the analysis performed
by Sandia National Laboratories08-06ML0706604113/5/20072007/03/05-Comment (25) submitted by Richard Webster on Behalf of NIRS, Jersey Shore Nuclear Watch, Inc., Grandmothers, Mothers and More for Energy
Safety, and NJ Public Interest Research Group, NJ Sierra Club, and NJ
Environmental Federation on PRM-51-1008-07ML0706503763/8/2007Memo re ACRS Review of the Oyster Creek Nuclear Generating Station, License Renewal Application Safety Evaluation Report.08-08ML0704600913/8/2007G20070105/LTR-07-0104 - Ltr. William J. Shack, re Report on the Safety Aspects of the License Renewal Application for the Oyster Creek Generating
Station08-09ML0704400393/16/2007G20070092/LTR-07-0087 - L. Reyes Response to Rep. Jim Saxton Ltr re Oyster Creek - Floor Structure of the Spent Fuel Pool Supp.No.Accession NumberDocument DateTitle/Description:
Page 2 of 208-10ML0706601823/16/2007C. Haney Lrt to R. Webster re Webster's November 9, 2006 e-mail to Fuhrmeister re material condition of the containment drywell shell at Oyster
Creek Page 1 of 1ATTACHMENT 2OYSTER CREEK HEARING FILE AND MANDATORY DISCLOSURES PRIVILEGE LOG - DELIBERATIVE PROCESS PRIVILEGE Supplement 8 - April 11, 2007Certain documents otherwise subject to inclusion in the hearing file and mandatory disclosures for this proceeding have been determined by theNRC Staff to contain information subject to withholding from public disclosure 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" pr ivilege.PDP No.Accession Number Author Name/Affiliation:Title/Description:Document Date DocumentType Addressee /
Addressee AffiliationCommentPage Count DP-08-01ML070870677Pham B M, NRC/NRR/ADRO/DLR E-mail: (NPA-PD)
Re: Oyster Creek License Condition for Endangered Species Act (ESA)3/16/2007E-MailBenner E J, Emch R L, Franovich R L, NRC/NRR Discussing environmental requirements 3 DP-08-02ML070870683Benner E J, NRC/NRR/ADRO/DLR E-mail: (NPA-PD)
Re: Oyster Creek license condition for ESA3/11/2007E-MailFranovich R L, NRC/NRR Discussing environmental requirements 2 DP-08-03ML070870680Emch R L, NRC/NRR E-mail: (NPA-PD)
Re: Oyster Creek license condition for ESA3/16/2007E-MailBenner E J, Franovich R L, NRC/NRR Discussing environmental requirements 3 DP-08-04ML070870604Franovich R L, NRC/NRR E-mail: (NPA-PD)
Re: Oyster Creek license condition for ESA3/10/2007E-MailBrenner E B, NRC/NRR Discussing environmental requirements 3
April 11, 2007 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARDIn the Matter of)
)AMERGEN ENERGY COMPANY, LLC)Docket No. 50-219-LR
)(License Renewal for Oyster Creek)
Nuclear Generating Station))
DECLARATION OF PAO-TSIN KUO I, Pao-Tsin Kuo, do hereby state as follows:1. I am employed as the Director of the Division of License Renewal ("DLR") in the 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
Oyster Creek Nuclear Generating Station license renewal application.2. As part of their responsibilities in preparing the hearing file and mandatory disclosures for these proceedings, NRC staff members under my supervision identified several
documents as privileged because they contained info rmation concerning the Staff's deliberative process. Those documents are listed in Attachment 2 to the April 11, 2007, submission of
Supplement 8 to the Staff's Hearing File.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 predecisional information concerning the Staff's review of the
license renewal 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 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 each of the documents listed in Attachment 2 to the April 11, 2007, submission of Supplement 8
to 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
/
Pao-Tsin Kuo Executed in Rockville, MD this 11th day of April, 2007 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARDIn the Matter of)
)AMERGEN ENERGY COMPANY, LLC)Docket No. 50-219-LR
)(License Renewal for Oyster Creek)
Nuclear Generating Station))
AFFIDAVIT OF DONNIE J. ASHLEY CONCERNING MANDATORY DISCLOSURE REQUIREMENT OF 10 C.F.R. § 2.336(c)
I, Donnie J. Ashley, do hereby state as follows:1.I am employed as a Project Manager in the Division of License Renewal in the Nuclear Regulatory Commission's ("NRC") Office of Nuclear Reactor Regulation. I serve as a
project manager for the Oyster Creek Nuclear Generating Station's license renewal application
("LRA"). Among other things, I am managing 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 as of the date of this certification.3.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
/
Donnie J. Ashley Executed in Rockville, MD this 11th day of April, 2007 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARDIn the Matter of)
)AMERGEN ENERGY COMPANY, LLC)Docket No. 50-219-LR
)(Oyster Creek Nuclear Generating Station))
CERTIFICATE OF SERVICE I hereby certify that copies of the NRC Staff letter dated April 11, 2007, providing notice of the availability of Supplement 8 to the Hearing File, with attachments, together with the Affidavit of
Donnie Ashley and the Declaration of P.T. Kuo in the above-captioned proceeding have been
served on the following by electronic mail with copies by deposit in the NRC's internal mail
system or, as indicated by an asterisk, by electr onic mail, with copies by U.S. mail, first class, this 11th day of April, 2007.
E. Roy Hawkens, Chair Administrative Judge
Atomic Safety and Licensing Board
Mail Stop: T-3F23
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001
ERH@nrc.gov Anthony J. Baratta Administrative Judge
Atomic Safety and Licensing Board
Mail Stop: T-3F23
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001
AJB5@nrc.gov Paul B. Abramson Administrative Judge
Atomic Safety and Licensing Board
Mail Stop: T-3F23
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001
PBA@nrc.gov Office of the Secretary ATTN: Docketing and Service
Mail Stop: O-16C1
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001
HEARINGDOCKET@nrc.gov Office of Commission Appellate Adjudication
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001
OCAAMail@nrc.gov Debra Wolf Law Clerk Atomic Safety and Licensing Board
Mail Stop: T-3F23
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001
DAW1@nrc.gov Lisa P. Jackson, Commissioner*
New Jersey Department of
Environmental Protection
P.O. Box 402
Trenton, NJ 08625-0402
Lisa.Jackson@dep.state.nj.us Jill Lipoti, Director*
New Jersey Department of
Environmental Protection
Division of Environmental Safety and Health
P.O. Box 424
Trenton, NJ 08625-0424
Jill.Lipoti@dep.state.nj.us Kathryn M. Sutton, Esq.*
1111 Pennsylvania Ave., NW
Washington, DC 20004
ksutton@morganlewis.com Ron Zak*New Jersey Department of
Environmental Protection
Nuclear Engineering
P.O. Box 415
Trenton, NJ 08625-0415
Ron.Zak@dep.state.nj.us Suzanne Leta*
New Jersey Public Interest Research Group
11 N. Willow St.
Trenton, NJ 08608
sleta@njpirg.org Donald Silverman, Esq.*
Morgan, Lewis, & Bockius LLP
1111 Pennsylvania Avenue, NW
Washington, DC 20004
dsilverman@morganlewis.com Alex S. Polonsky, Esq.*
1111 Pennsylvania Ave., N.W.
Washington, DC 20004
apolonsky@morganlewis.com Paul Gunter, Director*
Reactor Watchdog Project
Nuclear Information
And Resource Service
1424 16 th Street, NW, Suite 404 Washington, DC 20036
pgunter@nirs.org J. Bradley Fewell, Esq.*
Exelon Corporation
4300 Warrenville Road
Warrenville, IL 60555
bradley.fewell@exeloncorp.com John A. Covino, Esq.*
Valerie Anne Gray, Esq.
Deputy Attorneys General
Division of Law
Environmental Permitting and Counseling
Section Hughes Justice Complex
P.O. Box 093
Trenton, NJ 08625
john.covino@dol.lps.state.nj.us
Valerie.Gray@dol.lps.state.nj.us Richard Webster, Esq.*
Rutgers Environmental Law Clinic
123 Washington Street
Newark, NJ 07102-5695
rwebster@kinoy.rutgers.edu
/RA/
Mary C. Baty Counsel for the NRC Staff