ML070400470
| ML070400470 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 02/09/2007 |
| From: | Martin J NRC/OGC |
| To: | Abramson P, Anthony Baratta, Hawkens E Atomic Safety and Licensing Board Panel |
| Jody C. Martin, OGC, 415-1569 | |
| References | |
| 50-219-LR, ASLBP 06-844-01-LR, RAS 13039 | |
| Download: ML070400470 (10) | |
Text
February 9, 2007 E. Roy Hawkens, Chair Anthony J. Baratta Administrative Judge Administrative Judge Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mail Stop: T-3F23 Mail Stop: T-3F23 Washington, DC 20555-0001 Washington, DC 20555-0001 Paul B. Abramson Administrative Judge Atomic Safety and Licensing Board Panel 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 Boards 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 Friday, February 9, 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 6 will be contained in a sub-folder entitled, Hearing File Supplement 6 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.
As requested by the Board, see April 19 Order at 5, the Staff hereby provides notice that the issuance date of the Final Safety Evaluation has not yet been determined. The Staff will inform the Board and parties when a date is established.
Sincerely,
/RA/
Jody C. Martin Counsel for the NRC Staff
Enclosures:
Attachment 1: Hearing File Index - Supplement 6 Attachment 2: Privilege Log - Deliberative Process - Supplement 6 Declaration of Pao-Tsin Kuo Affidavit of Donnie J. Ashley cc: See attached Service List
ATTACHMENT 1 OYSTER CREEK HEARING FILE AND MANDATORY DISCLOSURES HEARING FILE INDEX Supplement 6 -February 9, 2007 Supp. Accession Number Document Date Title/Description:
No.
06-01 ML070290668 4/24/1992 Evaluation Report on Structural Integrity of the Oyster Creek Drywell with Brookhaven National Laboratory Technical Evaluation Report - Attached.
06-02 ML070370396 12/28/2006 Oyster Creek - Annual Sea Turtle Incidental Take Report for 2006.
06-03 ML063630424 12/29/2006 Oyster Creek SER.
06-04 ML063630255 12/29/2006 Updated Safety Evaluation Report Related to the License Renewal of Oyster Creek Generating Station.
06-05 ML070170474 1/12/2007 E-mail from A. Blough to J. Lipoti dtd 01/12/2007; Letter to NRC.
06-06 ML070170469 1/12/2007 E-mail from J. Lipoti to A. Blough dtd 01/12/2007; Letter to NRC.
06-07 ML070120395 1/12/2007 SAND2007-0055, Structural Integrity Analysis of the Degraded Drywell Containment at the Oyster Creek Nuclear Generating Station.
06-08 ML070170479 1/16/2007 E-mail from A. Blough to J. Lipoti dtd 01/16/2007; Letter to NRC.
06-09 ML070110371 1/17/2007 Final Supplement 28 to the Generic Environmental Impact Statement for License Renewal Nuclear Plants Regarding Oyster Creek Nuclear Generating Station (TAC MC7625) 06-10 ML070170396 1/17/2007 IR 05000219-06-013; 10/16/2006 - 12/6/2006, Oyster Creek Generating Station; In-service Inspection, including License Renewal Commitment Followup inspection activity.
06-11 ML070240438 1/17/2007 Letter from Director, State of New Jersey, Department of Environmental Protection to Director, Division of License Renewal. Oyster Creek Drywell Corrosion, Expert Review.
Page 1 of 2
Supp. Accession Number Document Date Title/Description:
No.
06-12 ML070110360 1/17/2007 Notice of Availability of the Final Plant - Specific Supplement 28 to the Generic Environmental Impact Statement for License Renewal of Nuclear Plants (GEIS)
Regarding Oyster Creek Nuclear Generating Station (TAC No. MC7625).
06-13 ML070240433 1/18/2007 Transcript of ACRS Subcommittee on Plant License Renewal (Oyster Creek)Meeting on Thursday, January 18, 2007, Pages 1-371.
Page 2 of 2
ATTACHMENT 2 OYSTER CREEK HEARING FILE AND MANDATORY DISCLOSURES PRIVILEGE LOG - DELIBERATIVE PROCESS PRIVILEGE Supplement 6 - February 9, 2007 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 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 privilege.
PDP Accession Author Title/Description: Document Document Addressee / Comment Page No. Number Name/ Date Type Addressee Count Affiliation: Affiliation DP- ML070290187 Davis J A, E-MAIL: (PD) 1/23/2007 E-Mail Norris W E, Discussion re 2 06-01 NRC/NRR/ Code Case N-284 NRC/RES/DFER ACRS comments ADRO/DLR/ Rev 0. R/DDME/FAITB RLRC DP- ML070290193 Norris W E, E-MAIL: (PD) re: 1/23/2007 E-Mail Davis J A, Discussion re 2 06-02 NRC/RES/ Code Case N-284 NRC/NRR/ADRO ACRS comments DFERR/DD Rev 0. /DLR/RLRC ME/FAITB Page 1 of 1
February 8, 2007 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In 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 Licensing Renewal (DLR) in the Nuclear Regulatory Commissions (NRC) Office of Nuclear Reactor Regulation (NRR).
My supervisory responsibilities include oversight of the NRC Staffs 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 information concerning the Staffs deliberative process. Those documents are listed in Attachment 2 to the February 9, 2007, submission of Supplement 6 to the Staffs 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 Staffs review of the license renewal application. All 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. Each of the documents comprises part
of the deliberative process necessary to 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 each of the documents listed in Attachment 2 to the February 9, 2007, submission of Supplement 6 to the Staffs 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 8th day of February, 2007
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In 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 Commissions (NRC) Office of Nuclear Reactor Regulation. I serve as a project manager for the Oyster Creek Nuclear Generating Stations 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 9th day of February, 2007
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In 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 February 9, 2007, providing notice of the availability of Supplement 6 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 NRCs internal mail system or, as indicated by an asterisk, by electronic mail, with copies by U.S. mail, first class, this 9th day of February, 2007.
E. Roy Hawkens, Chair Office of the Secretary Administrative Judge ATTN: Docketing and Service Atomic Safety and Licensing Board Panel Mail Stop: O-16C1 Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 HEARINGDOCKET@nrc.gov ERH@nrc.gov Office of Commission Appellate Anthony J. Baratta Adjudication Administrative Judge U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555-0001 Mail Stop: T-3F23 OCAAMail@nrc.gov U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Debra Wolf AJB5@nrc.gov Law Clerk Atomic Safety and Licensing Board Paul B. Abramson Mail Stop: T-3F23 Administrative Judge U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555-0001 Mail Stop: T-3F23 DAW1@nrc.gov U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Lisa P. Jackson, Acting Commissioner*
PBA@nrc.gov New Jersey Department of Environmental Protection P.O. Box 402 Trenton, NJ 08625-0402 Lisa.Jackson@dep.state.nj.us
Jill Lipoti, Director* Alex S. Polonsky, Esq.*
New Jersey Department of Morgan, Lewis & Bockius LLP Environmental Protection 1111 Pennsylvania Ave., N.W.
Division of Environmental Safety and Health Washington, DC 20004 P.O. Box 424 apolonsky@morganlewis.com Trenton, NJ 08625-0424 Jill.Lipoti@dep.state.nj.us Paul Gunter, Director*
Reactor Watchdog Project Kathryn M. Sutton, Esq.* Nuclear Information Morgan, Lewis & Bockius LLP And Resource Service 1111 Pennsylvania Ave., NW 1424 16th Street, NW, Suite 404 Washington, DC 20004 Washington, DC 20036 ksutton@morganlewis.com pgunter@nirs.org Ron Zak* J. Bradley Fewell, Esq.*
New Jersey Department of Exelon Corporation Environmental Protection 4300 Warrenville Road Nuclear Engineering Warrenville, IL 60555 P.O. Box 415 bradley.fewell@exeloncorp.com Trenton, NJ 08625-0415 Ron.Zak@dep.state.nj.us John A. Covino, Esq.*
Valerie Anne Gray, Esq.
Suzanne Leta* Deputy Attorneys General New Jersey Public Interest Research Group Division of Law 11 N. Willow St. Environmental Permitting and Counseling Trenton, NJ 08608 Section sleta@njpirg.org Hughes Justice Complex P.O. Box 093 Donald Silverman, Esq.* Trenton, NJ 08625 Morgan, Lewis, & Bockius LLP john.covino@dol.lps.state.nj.us 1111 Pennsylvania Avenue, NW Valerie.Gray@dol.lps.state.nj.us Washington, DC 20004 dsilverman@morganlewis.com Richard Webster, Esq.*
Rutgers Environmental Law Clinic 123 Washington Street Newark, NJ 07102-5695 rwebster@kinoy.rutgers.edu
/RA/
Jody C. Martin Counsel for the NRC Staff