ML103630631

2010/12/29-NRC Staff Supplement 35 to Mandatory Disclosures and Notice of Appearance of Beth Mizuno

ML103630631
Person / Time
Site:	Pilgrim
Issue date:	12/29/2010
From:	Andrea Jones NRC/NSIR/DSP/DDMS/MWISB
To:	Abramson P, Cole R, Austin Young Atomic Safety and Licensing Board Panel
References
50-293-LR, ASLBP 06-848-02-LR, RAS J-328
Download: ML103630631 (9)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, DC 20555 - 0001 December 29,201 0 Administrative Judge Administrative Judge Richard F. Cole Paul B. Abramson Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 Administrative Judge Ann Marshall Young, Chair Atomic Safety and Licensing Board Panel Mail Stop T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 In the Matter of Entergy Nuclear Generation Company and Entergy Nuclear Operations, Inc.

(Pilgrim Nuclear Power Station)

Docket No. 50-293-LR; ASLBP No. 06-848-02-LR

Dear Administrative Judges:

The NRC Staff provides notice that it has updated the hearing file for this proceeding pursuant to 10 C.F.R. 9 2.336(d), as modified by the Board's Order Regarding Schedule for Proceeding and Related Matters (November 29, 2006).

An index containing the ADAMS accession number, date, and title or description of the item in Hearing File Index, Supplement 35 is appended hereto as Attachment 1. As required by 10 C.F.R. 9 2.336(b)(5), the Staff is producing an updated privilege log, identifying documents withheld under the deliberative process privilege, appended hereto as Attachment 2. Also, attached is the Declaration of Melanie A. Galloway formally invoking the deliberative process privilege with respect to the documents in Attachment 2. 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. 9 2.336(c) is the attached Affidavit of Lisa M. Regner.

Enclosures:

Attachment 1 - Hearing File Index, Supplement 35 Attachment 2 - Deliberative Process Privilege Log Declaration of Melanie A. Galloway Affidavit of Lisa M. Regner cc wlEncls.: Service List

Attachment 1 - Pilgrim Nuclear Power Station License Renewal Hearing File Index Supplement 35 - December 29, 2010 Accession Document ID # Title Number Date 35-001 ML103620769 12/28/2010 2010/12/28 Pilgrim Renewal Hearing - Additional DRAFT RAIs for License Renewal Page 1 of 1

Attachment 2 Pilgrim Nuclear Power Station License Renewal Hearing File Index Deliberative Process Privilege, Supplement 35 December 29, 2010 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, 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.

ID # Accession Author Document Document Title Addressee/ Comment Page Number Name/Affiliation Date Type Affiliation Count DPP ML103620770 Bryce Lehman, 12/23/2010 E-Mail 2010/12/23 Pilgrim Renewal Hearing - NRC/NRR Internal discussion 2 001 NRC/NRR FW: Pilgrim SER regarding draft request for additional information (RAI)

DPP ML103620771 Bryce Lehman, 12/23/2010 E-Mail 2010/12/23 Pilgrim Renewal Hearing - NRC/NRR Internal discussion 3 002 NRC/NRR RE: Pilgrim SER regarding draft RAIs Page 1 of 1

December 29, 2010 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

ENTERGY NUCLEAR GENERATION ) Docket No. 50-293-LR COMPANY AND ENTERGY NUCLEAR )

OPERATIONS, INC. ) ASLBP NO.06-848-02-LR

)

(Pilgrim Nuclear Power Station) )

DECLARATION OF MELANIE A. GALLOWAY I, IVlelanie A. Galloway, do hereby state as follows:

1. I am employed as the Deputy Director of the Division of License Renewal ("DLR")

in the U.S. Nuclear Regulatory Commission's ("NRC") Office of Nuclear Reactor Regulation

("NRR"). I am serving as the Acting Director for DLR. My supervisory responsibilities include oversight of the NRC Staff's review and evaluation of the Pilgrim Nuclear Power Station's 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 certain documents as privileged because they contained information concerning the Staff's pre-decisional deliberative process. The documents are listed in Attachment 2 to the Staff's Hearing File Index Supplement 35.

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 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 Staff's Hearing File Index Supplement 35.

6. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information and belief.

')

Melanie A. Galloway d

Executed in Rockville, Maryland this 2gthday of December, 2010

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

ENTERGY NUCLEAR GENERATION ) Docket No. 50-293-LR COMPANY AND ENTERGY NUCLEAR )

OPERATIONS, INC. ) ASLBP No. 06-848-02-LR

)

(Pilgrim Nuclear Power Station) )

AFFIDAVIT OF LISA M. REGNER CONCERNING MANDATORY DISCLOSURE REQUIREMENT OF 10 C.F.R. 6 2.336(c)

I, Lisa M. Regner, 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 Pilgrim Nuclear Power Station's license renewal application ("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 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.

Executed in Rockville, MD this 2gthday of December, 2010

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

ENTERGY NUCLEAR OPERATIONS, INC. ) Docket No. 50-293-LR

)

(Pilgrim Nuclear Power Station)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Letter to the Atomic Safety and Licensing Board regarding the Pilgrim Nuclear Power Station Hearing File, including: Attachment 1 - Pilgrim Nuclear Power Station License Renewal Hearing File Index Supplement 35, Attachment 2 -

Deliberative Process Privilege Log, Declaration of Melanie A. Galloway and Affidavit of Lisa M.

Regner have been served upon the following through deposit in the NRC's internal mail system, with copies by electronic mail, or, as indicated by an asterisk, by deposit in the U.S. Postal Service, with copies by electronic mail this 2gthday of December, 2010:

Administrative Judge Administrative Judge Richard F. Cole Paul B. Abramson Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: Richard.Cole@nrc.gov E-mail: PauI.Abrarnson@nrc.qov Administrative Judge Office of Commission Appellate Ann Marshall Young, Chair Adjudication Atomic Safety and Licensing Board Panel Mail Stop: 0-16G4 Mall Stop: T-3F23 U .S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 E-mai 1 : O G A ~ ? . ~ , ~ ~ . L , ! ~ . P ' , ~ <@1/

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E-mail: ~_nrw,Young@nrc1(;~o~

Atomic Safety and Licensing Board Office of the Secretary Mail Stop: T-3F23 Attn: Rulemakings and Adjudications Staff U.S. Nuclear Regulatory Commission Mail Stop: 0-16G4 Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission (VIA INTERNAL MAIL ONLY) Washington, DC 20555-0001 h-nai1 : tjc;?!L!~~,gI_Docki3~.c$,!~r~.~!!?!

Sheila Slocum Hollis* Terence A. Burke, Esq.*

Duane Morris LLP Entergy Nuclear 505 gthSt., NW, Suite 1000 1340 Echelon Parkway Washington, DC 20004 Mail Stop: M-ECH-62 E-mail : s,$j!@iiif@~!t~a~.g.m__o r[ Is,r:c?!l!. Jackson, MS 39213 E-mail: tburke@entersv.com Mary Lampert* David R. Lewis, Esq*.

148 Washington Street Paul A. Gaukler, Esq.

Duxbury, MA 02332 Pillsbury, Winthrop, Shaw, Pittman, LLP E- mail: n~i~ryVlarnpert@con1~;asL.r~et 2300 N Street, NW Washington, DC 20037-1 137 E-mail: david.lewisjci)pillsburylaw.corn pa 14I.qa u kl e @pij.st?_u.rykw_:,co~~~

Chief Kevin M. Nord* Town Manager*

Fire Chief & Director Duxbury Emergency Town of Plymouth Management Agency 11 Lincoln St.

668 Tremont Street Plymouth, MA 02360 Duxbury, MA 02332 E-mail: ~ j : ~ r r 1 a l ~ i ~ ~ ~ ~ ! ~ ~ l ~ . p ! y ~ ~ ~ ~ , ~ i t ! ~ . r 1 E-mail : ~ ~ ~ . ~ I ~ j ? , t ~ ~g:;: ~ i ~ ~ ~ . ~ ~ ~ ~ j ~ , y . ~ r _ ? , ~

Richard R. MacDonald*

Town Manager 878 Tremont Street Duxbury, MA 02332 E-mail: macdonald@town.duxburv.ma.us