ML061780192
| ML061780192 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 06/23/2006 |
| From: | Baty M, Brock S NRC/OGC |
| To: | Mike Farrar, Hawkens E, Nicholas Trikouros Atomic Safety and Licensing Board Panel |
| Giitter R | |
| References | |
| ASLBP 06-846-02-EA, ASLBP 06-847-03-EA, IA-05-053, IA-05-054, RAS 11875 | |
| Download: ML061780192 (8) | |
Text
OFFICE OF THE GENERAL COUNSEL UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 June 23,2006 Michael C. Farrar, Chairman Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 E. Roy Hawkens Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Nicholas G. Trikouros Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 In the Matters of DALE L MILLER Docket No. IA-05-053, ASLBP No. 06-846-02-EA STEVEN P. MOFFITT Docket No. IA-05-054, ASLBP No. 06-847-03-EA
Dear Administrative Judges:
In accordance with the 10 C.F.R. 9 2.336(d) duty to supplement disclosures, please find attached an index of the Staff's supplemental disclosures. A hard copy of the documents were sent to counsel to Mr. Moffitt and counsel to Mr. Miller today. The Staff has also enclosed an updated attorney-client privilege log, deliberative process privilege log, and personal privacy privilege log. In the event that the Staff acquires additional documents, it will supplement its disclosures within two weeks of receipt, as required by 10 C.F.R. § 2.336(d).
Sincerely, Sara E. Brock Mary C. Baty Counsel for the NRC Staff Attachments: As stated.
cc:
Jane G. Penny Thomas W. Scott
10 C.F.R. 2.336(b)(5) PERSONAL PRIVACY LOG 4TH SUPPLEMENT June 23,2006 Description Redactions include identification of former First Energy Nuclear Operating Company employees Author(s)
Office of Investigations Date 09/09/2003
??/??I2005 Bates - Begin 32489 32505 Bates - End 32490 32505 Full Name NRC Investigation of Davis-Besse Reactor Vessel Head Degradation Partial Organization Chart for Kewaunee Plant (Unredacted)
10 C.F.R. 2.336(b)(5) DELIBERATIVE PROCESS PRIVILEGE LOG 4TH SUPPLEMENT June 23,2006 Date 0311 711 994 to 1 21041200 1 Bates - Begin 32506 Bates - End 32535 Full Name Davis Besse Time Line 0311 711 994 to 12/04/2001 Author@)
Michele Janicki
10 C.F.R. 2.336(b)(5) ATTORNEY CLIENT PRIVILEGE LOG 4TH SUPPLEMENT June 23.2006 Date 1 1 /??I2005 Bates - Begin 32469 Bates - End 32472 Description Legal Review of Evidence.
Full Name ATTORNEY CLIENT PRIVILEGED COMMUNICATION-NOT FOR RELEASE Author(s)
Sara Brock
10 C.F.R. 2.336(b)(5) MANDATORY DISCLOSURES 4TH SUPPLEMENT June 23.2006 Author(s)
Office of Investigations Date 09/09/2003
??/??/2005 1 1 /04/2005 1 1 /08/2005 1 1 /I 712005 Bates - Begin 32476 32505 32466 32467 32473 Full Name NRC Investigation of Davis-Besse Reactor Vessel Head Degradation (Redacted)
Partial Organization Chart for Kewaunee Plant (Redacted)
Email: Status of Review Potentially Relevant Documents Regarding Davis-Besse Individual Actions Potentially Relevant Documents Regarding Davis-Besse Individual Actions -- Revised Bates - End 32504 32505 32466 32468 32475 Hearing File Yes Yes Yes Yes Yes
June 23,2006 In the Matters of DALE L. MILLER UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMlSSlOlV BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
)
)
Docket No. IA-05-053 STEVEN MOFFITT
)
)
ASLBP NO. 06-846-02-EA
)
)
Docket No. IA-05-054
)
)
ASLBP No. 05-8457-03-EA CERTIFICATION OF THE NRC STAFF'S FOURTH SUPPLEMENTAL DISCLOSURES AFFIDAVIT OF ROBERT D. STARKEY I, Robert D. Starkey, being first duly sworn, do hereby state as follows:
- 1.
I am employed as Senior Enforcement Specialist in the NRC Office of Enforcement (OE). I serve as the Senior Enforcement Specialist for the hlRC staff's enforcement actions against employees of FirstEnergy Nuclear Operating Company (FENOC) at the Davis-Besse Nuclear Power Plant.
- 2.
1 hereby certify that all relevant materials required to be disclosed pursuant to 10 C.F.R. § 2.336(d) in the captioned proceeding have been disclosed, and that the disclosures are accurate and complete as of the date of this certification.
- 3.
1 hereby certify that the foregoing is true and complete to the best of my knowledge, information, and belief.
was Robert D. Starkey Subscribed and sworn to before me t%
daypf -June&3,2006-My Comrnissior~ Expires:
Elva Bowden Berry NOTARY PUBLIC Montgomery County, Maryland hty Commlsslon Explres 12/1/07
June 22,2006 In the Matters of DALE L. MILLER UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD DAVID GEISEN
)
)
)
Docket 110. IA-05-053
)
)
ASLBP No. 06-846-02-EA
)
)
Docket No. IA-05-054
)
)
ASLBP NO. 05-8457-03-EA
)
)
Docket No. IA-05-052
) I ASLBP NO. 06-845-01 -EA AFFIDAVIT OF GUY P. CAPUTO I, Guy P. Caputo, being first duly sworn, do hereby state as follows:
- 1.
I am employed as Director of the Office of Investigations (01) of the Office of the Executive Director for Operations (EDO). My supervisory responsibilities include oversight of the NRC staff's investigation of allegations of wrongdoing by employees of FirstEnergy Nuclear Operating Company (FENOC) at the Davis-Besse Nuclear Power Plant.
- 2.
1 am aware that the Staff is required by 10 C.F.R. § 2.336(d) to supplement its disclosures in the above captioned proceeding when new information or new documents are developed or obtained.
- 3.
Among the documents subject to disclosure under 10 C.F.R. 5 2.336(d) is:
"Davis-Besse Time Line 0311 711 994 to 12/04/2001."
- 4.
1 have personally reviewed the "Davis-Besse Time Line 0311 711 994 to 12/04/2001" and have determined, in accordance with the guidance in Management Directive 3.4, that it contains pre-decisional information concerning the Staff's investigation of wrongdoing by FENOC employees at the Davis-Besse Nuclear Power Plant. The "Davis-Besse Time Line 0311 711 994 to 12/04/2001 " contains the Staff's analyses, recommendations, opinions, or evaluations, and may not necessarily reflect the final agency position with respect to matters discussed therein.
- 5.
Further, I have determined that disclosure of the "Davis-Besse Time Line 0311 711994 to 12/04/2001" could result in harm to the agency, in that it would (a) 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 their internal discussion could serve to chill future deliberations and could interfere with its ability to engage in free exchange of opinions and analyses prior to publishing our final decisions; and (c) imply or suggest incorrectly that the opinions of Staff members involved in these communications were actually final decisions of the agency.
- 6.
Accordingly, I formally invoke the deliberative process privilege with respect to the "Davis-Besse Time Line 0311 711 994 to 12/04/2001."
- 7.
1 hereby certify that the foregoing is true and complete to the best of my knowledge, information, and belief.
Subscribed and sworn to before me this C 'cday of -June
, 2006
,Vi..~.i..
(::
r" I\\,u;?,
Notary Public My Commission Expires:
ClKCE E. MARTIN NOTARY PUBLIC STATE OF MARYLAND My Commission Expires March 1, 2007