ML071310311

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 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, 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 Boards Memorandum and Order of April 17, 2007, at 8, this is the Staffs 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:

Hearing File Index - Supplement 9 : Privilege Log - Deliberative Process - Supplement 9 Declaration of Pao-Tsin Kuo Affidavit of Donnie J. Ashley cc:

See attached Service List

Page 1 of 1 ATTACHMENT 1 OYSTER CREEK HEARING FILE AND MANDATORY DISCLOSURES HEARING FILE INDEX Supplement 9 -May 10, 2007 Supp.

No.

Accession Number Document Date Title/Description:

09-01 ML070880696 3/29/2007 E-Mail from M. P. Gallagher Responding to D. J. Ashleys Email Concerning Oyster Creek License Renewal - License Conditions.

09-02 ML071160037 3/29/2007 E-MAIL: Oyster Creek License Conditions.

09-03 ML070600264 3/30/2007 Transmittal of Safety Evaluation Report Related To The License Renewal of Oyster Creek Nuclear Generating Station.

09-04 ML071160041 3/30/2007 E-MAIL: Oyster Creek Key Messages.

09-05 ML070890637 3/30/2007 Safety Evaluation Report Related To The License Renewal of Oyster Creek Nuclear Generating Station.

09-06 ML071160038 4/24/2007 E-MAIL: Info related to Hearing.

09-07 ML070780682 4/24/2007 Y020070032 - Concerns About the NRC Staff Review of the Oyster Creek License Renewal Application.

09-08 ML071170389 4/26/2007 Oyster Creek Nuclear Generating Station, Technical Specifications Re:

Application of Alternate Source Term Methodology (TAC MC6519).

09-09 ML071080019 4/26/2007 Oyster Creek Nuclear Generating Station, License Amendment Re: Application of Alternate Source Term Methodology (TAC MC6519).

09-10 ML071220069 4/26/2007 Submittal of Oyster Creek Drywell Corrosion - Expert Review Findings.

09-11 ML071240138 4/27/2007 Oyster Creek - Submittal of Changes to Technical Specifications Bases.

09-12 ML071220102 5/1/2007 Oyster Creek Generating Station License Renewal Inspection.

09-13 ML070990161 4/5/2007 2007/04/05-Letter from Andrew L. Bates to John P. Kelly in response to his letter dated 02/27/07 (attached)

Page 1 of 1 ATTACHMENT 2 OYSTER CREEK HEARING FILE AND MANDATORY DISCLOSURES PRIVILEGE LOG - DELIBERATIVE PROCESS PRIVILEGE Supplement 9 - May 10, 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 No.

Accession Number Author Name/

Affiliation:

Title/Description:

Document Date Document Type Addressee /

Addressee Affiliation Comment Page Count DP-09-01 ML071160040 Ashley D J, NRC/NRR E-Mail: (NPA-PD)

Re: OC SER Section 4.7.2.

3/29/2007 E-Mail, Safety Evaluation Report Ashar H G, NRC/NRR/AD ES Draft SER input 4

DP-09-02 ML071130402 Nash, H L, NRR/ADRO

/DLR/REBA Oyster Creek Environmental License Language.

4/23/2007 Environmental Technical Specification Discussing draft license 1

May 10, 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 License 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 May 10, 2007, submission of Supplement 9 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 May 10, 2007, submission of Supplement 9 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 10th day of May, 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 10th day of May, 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 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 NRCs internal mail system or, as indicated by an asterisk, by electronic 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 16th 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