ML14120A164

NRC Staff Hearing File Update 63 in the Matter of Indian Point, Units 2 and 3

ML14120A164
Person / Time
Site:	Indian Point
Issue date:	04/30/2014
From:	Amitava Ghosh 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 25879
Download: ML14120A164 (8)

Text

UNITE D STATE S N UCLEAR REGULATORY C OMMI SS I ON WASHINGTON, DC 20555 - 0001 April 30, 2014 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, 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 63 is appended hereto as Attachment 1.

On or about May 10, 2014, 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 63 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; appended hereto as Attachment

2. Also attached is the Declaration of John W. Lubinski formally invoking the deliberative process privilege with respect to the documents in Attachment 2. The Staff will preserve and

Judge McDade April 30, 2014 Judge Kennedy Judge Wardwell 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 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 April 23, 2014.

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/

Anita Ghosh Counsel for NRC Staff

Enclosures:

Attachment 1 - Hearing File Index, Supplement 63 Attachment 2 - Deliberative Process Privilege Log Declaration of John W. Lubinski Affidavit of Kimberly J. Green cc w/Encls.: Service List

Attachment 1 - Indian Point License Renewal Hearing File Index Supplement 63 - April 30, 2014 Accession Document ID# Title Number Date 2014/03/24 Indian Point LR Hearing - RE: Draft RAI on RVI Program and Inspection Plan 63-0001 ML14091A377 03/24/2014 2014/03/24 Indian Point LR Hearing - RE: Draft Telecon Summary for Call on February 20, 2014 63-0002 ML14091A379 03/24/2014 2014/03/25 Indian Point LR Hearing - RE: Draft RAI on RVI Program and Inspection Plan 63-0003 ML14084A401 03/25/2014 2014/03/25 Indian Point LR Hearing - RE: Draft RAI on RVI Program and Inspection Plan 63-0004 ML14084A587 03/25/2014 Indian Point, Units 2 and 3 - Coastal Zone Management Act Consistency Certification in Support of 63-0005 ML14097A326 03/31/2014 Renewal of Operating Licenses.

2014/04/01 Indian Point LR Hearing - DRAFT Telecon Summary 3-26-14 DRAI on RVIs 63-0006 ML14091B191 04/01/2014 Request for Additional Information for the Review of the Indian Point Nuclear Generating Unit Nos.

63-0007 ML14084A387 04/01/2014 2 and 3, License Renewal Application, Set 2014-01 (TAC Nos. MD5407 and MD5408).

2014/04/03 Indian Point LR Hearing - RE: DRAFT Telecon Summary 3-26-14 DRAI on RVIs 63-0008 ML14093A180 04/03/2014 Request for Additional Information for the Review of the Indian Point Nuclear Generating Unit Nos.

63-0009 ML14094A173 04/09/2014 2 and 3, License Renewal Application, Set 2014-02.

2014/04/10 Indian Point LR Hearing - RAI Set 2014-02 on RVI 63-0010 ML14100A383 04/10/2014 2014/04/10 Indian Point LR Hearing - RE: RAI Set 2014-02 on RVI 63-0011 ML14100A667 04/10/2014

Attachment 2 - Indian Point License Renewal Hearing File Index Deliberative Process Privilege, Supplement 63 - April 30, 2014 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 Author Name Estimated Accession Document Document Name ID # & Author Title Comment Page Number Date Type & Addressee Affiliation Count Affiliation DP- ML14084A588 D. Logan, 2014/03/25 Indian Point 03/25/2014 E-Mail J. Crocker, Discussion 2 63- NRC/NRR LR Hearing - RE: NMFS NOAA/NMFS regarding NMFS 001 comments on Indian comments on Point monitoring plan B. Grange, Indian Point NRC/NRR monitoring plan 1

April 30, 2014 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 JOHN W. LUBINSKI I, John W. Lubinski, 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 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 63.

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 63.

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)

John W. Lubinski Executed in Rockville, Maryland this 30th day of April, 2014

April 30, 2014 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 KIMBERLY J. GREEN CONCERNING MANDATORY DISCLOSURE REQUIREMENT OF 10 C.F.R. § 2.336(b)

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 Commissions (NRC) Office of Nuclear Reactor Regulation. I serve as the hearing file project manager for the Indian Point Nuclear Generating Units 2 and 3 license renewal application (LRA). Among other things, I am 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 April 23, 2014.

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 April 2014

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 63; Attachment 2

- Indian Point License Renewal Hearing File Index Supplement 63 - Deliberative Process Privilege; Declaration of John W. Lubinski, dated April 30, 2014; and Affidavit of Kimberly J.

Green, dated April 30, 2014, in the above-captioned proceeding have been served upon the Electronic Information Exchange, the NRCs E-Filing System, this 30th day of April, 2014.

/Signed (electronically) by/

Anita Ghosh Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-15D21 Washington, DC 20555 Telephone: (301) 415-4113 E-mail: anita.ghosh@nrc.gov Date of signature: April 30, 2014