ML071310311

2007/05/11-Letter from Mary C. Baty to Administrative Judges Enclosing Supplement 9 to the Hearing File Index, Privilege Log, Declaration of Pao-Tsin Kuo, and Affidavit of Donnie J. Ashley

ML071310311
Person / Time
Site:	Oyster Creek
Issue date:	05/11/2007
From:	Baty M NRC/OGC
To:	Abramson P, Anthony Baratta, Hawkens E Atomic Safety and Licensing Board Panel
Baty, Mary - 415-1324
References
50-219-LR, ASLBP 06-844-01-LR, RAS 13603
Download: ML071310311 (9)

Text

May 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

Friday, May 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 9 will be contained in a

sub-folder entitled, "Hearing File Supplement 9" 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. In accordance with the Board's Memorandum and Order of April 17, 2007, at 8, this is the Staff's last monthly mandatory disclosure update. Hereafter, the Staff will inform the Board if

information warranting disclosure comes to light.

Sincerely,/RA/Mary C. Baty Counsel for the NRC Staff

Enclosures:

Attachment 1: Hearing File Index - Supplement 9Attachment 2: Privilege Log - Deliberative Process- Supplement 9

Declaration of Pao-Tsin Kuo

Affidavit of Donnie J. Ashleycc:See attached Service List Page 1 of 1ATTACHMENT 1OYSTER CREEK HEARING FILE AND MANDATORY DISCLOSURES HEARING FILE INDEXSupplement 9 -May 10, 2007 Supp.No.Accession NumberDocument DateTitle/Description:09-01ML0708806963/29/2007E-Mail from M. P. Gallagher Responding to D. J. Ashley's Email Concerning Oyster Creek License Renewal - License Conditions.09-02ML0711600373/29/2007E-MAIL: Oyster Creek License Conditions.

09-03ML0706002643/30/2007Transmittal of Safety Evaluation Report Related To The License Renewal of Oyster Creek Nuclear Generating Station.09-04ML0711600413/30/2007E-MAIL: Oyster Creek Key Messages.

09-05ML0708906373/30/2007Safety Evaluation Report Rela ted To The License Renewal of Oyster Creek Nuclear Generating Station.09-06ML0711600384/24/2007E-MAIL: Info related to Hearing.

09-07ML0707806824/24/2007Y020070032 - Concerns About the NRC Staff Review of the Oyster Creek License Renewal Application.09-08ML0711703894/26/2007Oyster Creek Nuclear Generating Station, Technical Specifications Re:

Application of Alternate Source Term Methodology (TAC MC6519).09-09ML0710800194/26/2007Oyster Creek Nuclear Generati ng Station, License Amendment Re: Application of Alternate Source Term Methodology (TAC MC6519).09-10ML0712200694/26/2007Submittal of Oyster Creek Drywell Corrosion - Expert Review Findings.09-11ML0712401384/27/2007Oyster Creek - Submittal of Changes to Technical Specifications Bases.

09-12ML0712201025/1/2007Oyster Creek Generating Station License Renewal Inspection.

09-13ML0709901614/5/20072007/04/05-Letter from Andrew L. Bates to John P. Kelly in response to his letter dated 02/27/07 (attached)

Page 1 of 1ATTACHMENT 2OYSTER CREEK HEARING FILE AND MANDATORY DISCLOSURES PRIVILEGE LOG - DELIBERATIVE PROCESS PRIVILEGESupplement 9 - May 10, 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-09-01ML071160040Ashley D J, NRC/NRR E-Mail: (NPA-PD)

Re: OC SER Section 4.7.2.3/29/2007E-Mail, Safety Evaluation Report Ashar H G, NRC/NRR/AD ESDraft SER input4 DP-09-02ML071130402Nash, H L, NRR/ADRO/DLR/REBA Oyster Creek Environmental License Language.4/23/2007Environmental Technical Specification Discussing draft license 1 May 10, 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 May 10, 2007, submission of

Supplement 9 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 May 10, 2007, submission of Supplement 9

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 10th day of May, 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 10th day of May, 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 May 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 May, 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 Kathryn M. Sutton, Esq.*

Morgan, Lewis & Bockius LLP

1111 Pennsylvania Ave., NW

Washington, DC 20004

ksutton@morganlewis.com 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.*

Morgan, Lewis & Bockius LLP

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 Richard Webster, Esq.*

Rutgers Environmental Law Clinic

123 Washington Street

Newark, NJ 07102-5695

rwebster@kinoy.rutgers.edu

/RA/

Mitzi A. Young Counsel for the NRC Staff