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DECLARATION OF JOHN W. LUBINSKI | DECLARATION OF JOHN W. LUBINSKI | ||
I, John W. Lubinski, do hereby state as follows: | 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 Commission's ("NRC") Office of Nuclear Reactor Regulation ("NRR"). My supervisory responsibilities include oversight of the NRC Staff's 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 contai ned information concerning the Staff's pre-decisional deliberative process. The documents are listed in Attachment 2 to the submission of the Staff's Hearing File Index Supplement 44. 3. I have personally reviewed the documents identified as privileged in Attachment 2, and have determined, in accordance with the guidance set forth in Management Directive 3.4, that they contain pre-decisional information concerning the Staff's review of the license renewal application. The 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. The documents comprise part of the deliberative process necessary for 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 the documents listed in Attachment 2 to the submission of the Staff's Hearing File Index Supplement 44. 6. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information and belief. | : 1. I am employed as the Director of the Division of License Renewal ("DLR") in the U.S. 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 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 contai ned information concerning the Staff's pre-decisional deliberative process. The documents are listed in Attachment 2 to the submission of the Staff's Hearing File Index Supplement 44. 3. I have personally reviewed the documents identified as privileged in Attachment 2, and have determined, in accordance with the guidance set forth in Management Directive 3.4, that they contain pre-decisional information concerning the Staff's review of the license renewal application. The 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. The documents comprise part of the deliberative process necessary for 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 the documents listed in Attachment 2 to the submission of the Staff's Hearing File Index Supplement 44. 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). | Executed in Accord with 10 CFR 2.304(d). | ||
| Line 124: | Line 124: | ||
) ASLBP No. 07-858-03-LR-BD01 (Indian Point Nuclear Generating ) Units 2 and 3) ) | ) ASLBP No. 07-858-03-LR-BD01 (Indian Point Nuclear Generating ) Units 2 and 3) ) | ||
AFFIDAVIT OF MICHAEL J. WENTZEL I, Michael J. Wentzel, do hereby state as follows: | AFFIDAVIT OF MICHAEL J. WENTZEL I, Michael J. Wentzel, do hereby state as follows: | ||
: 1. I am employed as a Program Manager in the Division of License Renewal in the U.S. Nuclear Regulatory Commission's ("NRC") Office of Nuclear Reactor Regulation. I currently serve as a project manager for the Indian Point Nuclear Generating Units 2 and 3 license renewal application ("LRA"). Among my other duties as project manager, since June 2012, I have been responsible for compiling and producing the NRC Staff's ("Staff") hearing file and mandatory disclosures in the NRC adjudicatory proceeding for the Indian Point LRA. 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 September 24, 2012. 3. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information and belief. | : 1. I am employed as a Program Manager in the Division of License Renewal in the U.S. Nuclear Regulatory Commission's ("NRC") Office of Nuclear Reactor Regulation. I currently serve as a project manager for the Indian Point Nuclear Generating Units 2 and 3 license renewal application ("LRA"). Among my other duties as project manager, since June 2012, I have been responsible for compiling and producing the NRC Staff's ("Staff") hearing file and mandatory disclosures in the NRC adjudicatory proceeding for the Indian Point LRA. 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 September 24, 2012. 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). | Executed in Accord with 10 CFR 2.304(d). | ||
Revision as of 04:39, 29 April 2019
| ML12272A097 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 09/28/2012 |
| From: | Ghosh A K NRC/OGC |
| To: | Kennedy M F, McDade L G, Wardwell R E Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| RAS 23524, 50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01 | |
| Download: ML12272A097 (13) | |
Text
September 28, 2012
Administrative Judge
Lawrence G. McDade, Chair Atomic Safety and Licensing Board Panel
Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission 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 Administrative Judge Dr. Richard E. Wardwell 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 Station Units 2 and 3) Docket Nos. 50-247-LR and 50-286-LR
Dear Administrative Judges:
Pursuant to the Atomic Safety and Licensing Board's December 18, 2008, "Memorandum and Order (Addressing Requests that the Proceeding be Conducted Pursuant to Subpart G)," slip op. at 13, and 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 44 is appended hereto as Attachment 1.
On or about October 10, 2012, 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 44" 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 privilege, which is 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.
UNITED STATESNUCLEAR REGULATORY COMMISSIONWASHINGTON, DC 20555 - 0001
Judge McDade September 28, 2012 Judge Kennedy Judge Wardwell The Staff will preserve and maintain the privileged documents identified in the log during the pendency of this proceeding.
Further, pursuant to 10 C.F.R. § 2.336(c), attached is the Affidavit of Michael J. Wentzel, 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 September 24, 2012.
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 44 Attachment 2 - Deliberative Process Privilege Log Declaration of John W. Lubinski Affidavit of Michael J. Wentzel
cc w/Encls.: Service List - Indian Point License Renewal Hearing File Index Supplement 44 - September 28, 2012 ID# Accession Number Document Date Title 44-0001 ML12223A367 09/12/2012 08/08/2012 Summary of Telephone Conference Call Held between NRC and Entergy Nuclear Operations, Inc., Concerning RAI Set 2012-02, Reactor Vessel Internals Program Pertaining to the Indian Point, Units 2 & 3, License Renewal Application. 44-0002 ML12256A922 08/19/2012 2012/08/19 Indian Point LR Hearing - Re: Hi- quick question 44-0003 ML12256A921 08/20/2012 2012/08/20 Indian Point LR Hearing - Meeting with Sing Sing Correctional Facility Superintendent Michael Capra 44-0004 ML12235A954 08/22/2012 2012/08/22 Indian Point LR Hearing - Question on License Renewal 44-0005 ML12242A321 08/29/2012 2012/08/29 Indian Point LR Hearing - ESA Conference Call with NMFS 44-0006 ML12242A357 08/29/2012 2012/08/29 Indian Point LR Hearing - RE: ESA Conference Call with NMFS 44-0007 ML12243A079 08/29/2012 2012/08/29 Indian Point LR Hearing - RE: ESA Conference Call with NMFS 44-0008 ML12243A082 08/30/2012 2012/08/30 Indian Point LR Hearing - RE: ESA Conference Call with NMFS 44-0009 ML12243A080 08/30/2012 2012/08/30 Indian Point LR Hearing - RE: ESA Conference Call with NMFS 44-0010 ML12249A282 09/05/2012 2012/09/05 Indian Point LR Hearing - RE: September 12 Phone Call With NMFS 44-0011 ML12249A281 09/05/2012 2012/09/05 Indian Point LR Hearing - September 12 Phone Call With NMFS 44-0012 ML12258A044 09/06/2012 2012/09/06 Indian Point Hearing - FW: Comment (3) of Edward McTieman on behalf of NYSDEC, on Draft Supplement to Supplement 38 to Generic EIS for License Renewal Nuclear Plants Indian Point, Units 2 & 3. 08/20/2012. 44-0013 ML12254B148 09/10/2012 2012/09/10 Indian Point LR Hearing - Draft RAI 16, RVI program 44-0014 ML12256B039 09/12/2012 2012/09/12 Indian Point LR Hearing - Meeting Participants 44-0015 ML12256A919 09/12/2012 2012/09/12 Indian Point LR Hearing - Questions From NMFS For Today's Phone Call 44-0016 ML12256B040 09/12/2012 2012/09/12 Indian Point LR Hearing - RE: Meeting Participants 44-0017 ML12256A920 09/12/2012 2012/09/12 Indian Point LR Hearing - RE: Questions From NMFS For Today's Phone Call 44-0018 ML12257A245 09/13/2012 2012/09/13 Indian Point LR Hearing - Draft record of conference call held on June 4, 2012 44-0019 ML12261A024 09/17/2012 2012/09/17 Indian Point LR Hearing - FW: Draft record of conference call held on June 4, 2012 44-0020 ML12261A384 09/17/2012 2012/09/17 Indian Point LR Hearing - RE: Draft record of conference call held on June 4, 2012 44-0021 ML12263A419 09/19/2012 2012/09/19 Indian Point LR Hearing - Meeting Summary 44-0022 ML12264A318 09/19/2012 2012/09/19 Indian Point LR Hearing - NYS DOCCS, DHSES-OEM and NRC Meeting on 26 September 2012 2PM NYSDOCCS HQ 44-0023 ML12264A027 09/19/2012 2012/09/19 Indian Point LR Hearing - RE: Meeting Summary 44-0024 ML12215A038 08/28/2012 5-24-12 Summary of Conference Call Held between NRC and Entergy Nuclear Operations, Inc., Concerning the Reactor Vessel Internals Program at Indian Point, Units 2 & 3. - Indian Point License Renewal Hearing File Index Supplement 44 - September 28, 2012 ID# Accession Number Document Date Title 44-0025 ML12230A106 08/07/2012 Comment (1) of John K. Bullard, on Behalf of the US Dept. of Commerce, NOAA, on Draft Supplement to the Final Plant-Specific Supplement 38 to NUREG-1437, "Generic Environmental Impact Statement for License Renewal of Nuclear Plants" (GEIS).... 44-0026 ML12234A093 08/17/2012 Comment (2) of Arthur J. Kremer on Behalf of New York Affordable Reliable Electricity Alliance (New York AREA), on Generic Environmental Impact Statement for License Renewal of Nuclear Plants: Supplement 38 Regarding Indian Point Nuclear Generating... 44-0027 ML12235A149 08/20/2012 Comment (3) of Edward F. McTiernan on behalf of NY, Dept of Environmental Conservation, on Draft Supplement to Supplement 38 to Generic Environmental Impact Statement for License Renewal Nuclear Plants Indian Point, Units 2 & 3. 44-0028 ML12235A409 08/20/2012 Comment (4) of John J. Sipos on Behalf of State of NY, Office of the Attorney General, on Draft Supplement to Supplement 38 to the Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Regarding Indian Point Nuclear Generating.... 44-0029 ML12235A410 08/20/2012 Comment (5) of Andrew L. Raddant on Behalf of the U.S. Dept. of the Interior on the Draft Supplement to Supplement 38 to the Generic Environmental Impact Statement for License Renewal of Nuclear Plant, NUREG-1427, Indian Point, Units 2 and 3. 44-0030 ML12236A207 08/20/2012 Comment (6) of Deborah Brancato on NRC's Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Supplement 38, Vol. 4, Regarding Indian Point Nuclear Generating Unit Nos. 2 and 3. 44-0031 ML12244A002 08/20/2012 Comment (7) of Fred Dacimo on Behalf of Entergy Nuclear Northeast on Draft Supplement to the Final Plant-Specific Supplement 38 to NUREG-1437, Regarding License Renewal of Indian Point Nuclear Generating Units 2 and 3. 44-0032 ML12244A003 08/14/2012 Comment (8) of Judy-Ann Mitchell on Behalf of (EPA), on Draft Supplement to Supplement 38 to the Generic Environmental Impact Statement for License Renewal of Nuclear Plants... 44-0033 ML12223A388 09/10/2012 RAI for the Review of the Indian Pont Nuclear Generating Unit Nos. 2 and 3, LRA , Set 2012-02 (TAC NOS. MD5407 and MD5408). 44-0034 ML12258A232 09/11/2012 Response to Request for Additional Information for Review of the Indian Point Nuclear Generating Unit Nos. 2 and 3, License Renewal Application Environmental Review - Compliance with Coastal Zone Management Act. 44-0035 ML12215A248 09/17/2012 Summary of Conference Call Held on June 4, 2012, Between the U.S. Nuclear Regulatory Commission and Entergy Nuclear Operations, Inc., Concerning the Reactor Vessel Internals Program at Indian Point Nuclear Generating Station, Units 2 and 3.
- Indian Point License Renewal Hearing File Index Deliberative Process Privilege, Supplement 44 - September 28, 2012 1 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, deliberativ e 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.
ID # Accession Number Author Name & Author Affiliation Title Document Date Document Type Addressee Name & Addressee Affiliation Comment Estimated Page Count DP-44-001 ML12235A948 O. Yee, NRC/NRR 2012/08/22 Indian Point LR Hearing - Revisions to draft follow-up RAI 15 based on meeting with OGC 08/22/2012 E-Mail w/ attachment J. Daily, A. Hiser, J. Poehler, C. Ng, NRC/NRR Email forwarding draft document
Attachment:
Draft RAI 4 DP-44-002 ML12235A977 J. Poehler, NRC/NRR 2012/08/22 Indian Point LR Hearing -
Revisions to Follow-Up RAI 13 and 15 Based on Meeting With OGC 08/22/2012 E-Mail w/ attachment J. Daily, A. Hiser, O. Yee, C. Ng, NRC/NRR Email forwarding draft document
Attachment:
Draft RAI 9 DP-44-003 ML12237B189 J. Daily, NRC/NRR 2012/08/24 Indian Point LR Hearing - RE: Revisions to Follow-Up RAI 13 and 15 Based on Meeting With OGC 08/24/2012 E-Mail w/ attachment J. Poehler, O. Yee, A. Hiser, C. Ng, NRC/NRR Internal discussion draft RAI
Attachment:
Draft RAI 10 DP-44-004 ML12240A343 J. Poehler, NRC/NRR 2012/08/27 Indian Point LR Hearing - RE: Revisions to Follow-Up RAI 13 and 15 Based on Meeting With OGC 08/27/2012 E-Mail J. Daily, O. Yee, A.Hiser, C. Ng, NRC/NRR Internal discussion of
draft RAI 3 DP-44-005 ML12240A016 O. Yee, NRC/NRR 2012/08/27 Indian Point LR Hearing - RE: Revisions to Follow-Up RAI 13 and 15 Based on Meeting With OGC 08/27/2012 E-Mail J. Daily, J. Poehler, A. Hiser, C. Ng, NRC/NRR Internal discussion of draft RAI
2 - Indian Point License Renewal Hearing File Index Deliberative Process Privilege, Supplement 44 - September 28, 2012 2 ID # Accession Number Author Name & Author Affiliation Title Document Date Document Type Addressee Name & Addressee Affiliation Comment Estimated Page Count DP-44-006 ML12269A419 J. Crocker, National Oceanic and Atmospheric Administration (NOAA) 2012/08/29 Indian Point LR Hearing - conference call to discuss Entergy report re. sturgeon 08/29/2012 E-Mail D. Logan, B. Balsam, NRC/NRR Discussion regarding NMFS consultation 2 DP-44-007 ML12242A515 M. Wentzel, NRC/NRR 2012/08/29 Indian Point LR Hearing -
Summary of Comments on the Indian Point Draft FSEIS Supplement 08/29/2012 E-Mail D. Wrona, NRC/NRR Internal discussion regarding comments received on Draft FSEIS Supplement 3 DP-44-008 ML12250A741 J. Poehler, NRC/NRR 2012/09/06 Indian Point LR Hearing - FW: Indian Point, Units 2 & 3, Follow-Up Request for Additional
Information Related to Amendment 9 to License Renewal Application - Reactor Vessel internals Program and Reactor Vessel Internals Inspection Plan 09/06/2012 E-Mail w/ attachment J. Daily, NRC/NRR Email forwarding draft document
Attachment:
Internal memorandum regarding follow-up request for additional
information 8 - Indian Point License Renewal Hearing File Index Deliberative Process Privilege, Supplement 44 - September 28, 2012 3 ID # Accession Number Author Name & Author Affiliation Title Document Date Document Type Addressee Name & Addressee Affiliation Comment Estimated Page Count DP-44-009 ML12254A056 J. Daily, NRC/NRR 2012/09/10 Indian Point LR Hearing -
New draft RAI for Indian Point 2 - 3, RVI components 09/10/2012 E-Mail w/ attachment S. Turk, NRC/OGC Email sending draft RAI
Attachment:
Draft RAI 3 DP-44-010 ML12254B146 J. Daily, NRC/NRR 2012/09/10 Indian Point LR Hearing -
RE: FW: New draft RAI for Indian Point
2 - 3, RVI components 09/10/2012 E-Mail B. Harris, S. Turk, NRC/OGC Internal discussion of draft RAI 2 DP-44-011 ML12255A319 J. Crocker, NOAA 2012/09/11 Indian Point LR Hearing -
Re: conference call to discuss Entergy report re. sturgeon 09/11/2012 E-Mail w/ attachment B. Balsam, NRC/NRR Email forwarding document
Attachment:
Draft NMFS questions related to Entergy's sturgeon report 6 - Indian Point License Renewal Hearing File Index Deliberative Process Privilege, Supplement 44 - September 28, 2012 4 ID # Accession Number Author Name & Author Affiliation Title Document Date Document Type Addressee Name & Addressee Affiliation Comment Estimated Page Count DP-44-012 ML12263A417 B. Balsam, NRC/NRR 2012/09/19 Indian Point LR Hearing - FW: conference call to discuss Entergy report re. sturgeon 09/19/2012 E-Mail w/ attachment M. Wentzel, D. Logan, NRC/NRR Internal discussion of NMFS questions
Attachment:
Draft NMFS questions related to Entergy's sturgeon report 8 DP-44-013 ML12269A424 J. Crocker, NOAA 2012/09/19 Indian Point LR Hearing - Re: conference call to discuss Entergy report re. sturgeon 09/19/2012 E-Mail B. Balsam, D. Logan, NRC/NRR Discussion of conference call
Attachment:
Draft NMFS questions
related to Entergy's sturgeon report 8 DP-44-014 ML12235A507 S. Rosenberg, NRC/NRR Indian Point, Units 2 & 3, Follow-Up Request for Additional
Information Related to Amendment 9 to License Renewal Application - Reactor Vessel internals Program and Reactor Vessel Internals Inspection Plan. 08/28/2012 Memo D. Wrona, NRC/NRR Internal memorandum regarding follow-up request for additional information 3 - Indian Point License Renewal Hearing File Index Deliberative Process Privilege, Supplement 44 - September 28, 2012 5 ID # Accession Number Author Name & Author Affiliation Title Document Date Document Type Addressee Name & Addressee Affiliation Comment Estimated Page Count DP-44-015 ML12257A346 D. Logan, NRC/NRR; V. Cullinan, J. Ward, Pacific Northwest National Laboratory (PNNL) Technical Analysis and Support Impact Statement for License Renewal of Nuclear Plants, Supplement 38, Regarding Indian Point Generating Unit Nos. 2 and 3, Volume 4 Draft Report for Comment (NUREG 1437, Suppl. 38, Vol. 4, June 2012) 09/13/2012 Draft Report N/A Draft Report 98
September 28, 2012 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 & 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 Commission's ("NRC") Office of Nuclear Reactor Regulation ("NRR"). My supervisory responsibilities include oversight of the NRC Staff's 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 contai ned information concerning the Staff's pre-decisional deliberative process. The documents are listed in Attachment 2 to the submission of the Staff's Hearing File Index Supplement 44. 3. I have personally reviewed the documents identified as privileged in Attachment 2, and have determined, in accordance with the guidance set forth in Management Directive 3.4, that they contain pre-decisional information concerning the Staff's review of the license renewal application. The 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. The documents comprise part of the deliberative process necessary for 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 the documents listed in Attachment 2 to the submission of the Staff's Hearing File Index Supplement 44. 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 28th day of September, 2012
September 28, 2012 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 & 50-286-LR
)
) ASLBP No. 07-858-03-LR-BD01 (Indian Point Nuclear Generating ) Units 2 and 3) )
AFFIDAVIT OF MICHAEL J. WENTZEL I, Michael J. Wentzel, do hereby state as follows:
- 1. I am employed as a Program Manager in the Division of License Renewal in the U.S. Nuclear Regulatory Commission's ("NRC") Office of Nuclear Reactor Regulation. I currently serve as a project manager for the Indian Point Nuclear Generating Units 2 and 3 license renewal application ("LRA"). Among my other duties as project manager, since June 2012, I have been responsible for compiling and producing the NRC Staff's ("Staff") hearing file and mandatory disclosures in the NRC adjudicatory proceeding for the Indian Point LRA. 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 September 24, 2012. 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).
Michael J. Wentzel
Executed in Rockville, Maryland this 28th day of September, 2012
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
In the Matter of )
)
ENTERGY NUCLEAR OPERATIONS, INC. ) Docket Nos. 50-247/286-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 44, Affidavit of Michael J. Wentzel, dated September 28, 2012, Attachment 2 - Indian Point License Renewal Hearing File Index Supplement 44 - Deliberative Process Privilege, and Declaration of John W. Lubinski, dated September 28, 2012, in the above-captioned proceeding have been served upon
the Electronic Information Exchange, the NRC's E-Filing System, this 28th day of September, 2012.
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: September 28, 2012