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
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 June 23,2006 OFFICE OF THE GENERAL COUNSEL Michael C. Farrar, Chairman E. Roy Hawkens Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 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 4THSUPPLEMENT Date Bates - Begin -
Bates End Full Name Author(s) Description 09/09/2003 32489 32490 NRC Investigation of Davis-Besse Reactor Vessel Office of Redactions include Head Degradation Investigations identification of former First Energy Nuclear Operating Company employees
??/??I2005 32505 32505 Partial Organization Chart for Kewaunee Plant (Unredacted)
June 23,2006
10 C.F.R. 2.336(b)(5) DELIBERATIVE PROCESS PRIVILEGE LOG 4THSUPPLEMENT Date -
Bates Begin -
Bates End Full Name Author@)
0311711994 to 32506 32535 Davis Besse Time Line 0311711994 to 12/04/2001 Michele Janicki 1210412001 June 23,2006
10 C.F.R. 2.336(b)(5) ATTORNEY CLIENT PRIVILEGE LOG 4THSUPPLEMENT Date -
Bates Begin -
Bates End Full Name Author(s) Description 1 1/??I2005 32469 32472 ATTORNEY CLIENT PRIVILEGED Sara Brock Legal Review of COMMUNICATION- NOT FOR RELEASE Evidence.
June 23.2006
10 C.F.R. 2.336(b)(5) MANDATORY DISCLOSURES 4THSUPPLEMENT Date -
Bates Begin -
Bates End Hearing File Full Name Author(s) 09/09/2003 32476 32504 Yes NRC Investigation of Davis-Besse Reactor Vessel Office of Head Degradation (Redacted) Investigations
??/??/2005 32505 32505 Yes Partial Organization Chart for Kewaunee Plant (Redacted) 1 1 /04/2005 32466 32466 Yes Email: Status of Review 1 1 /08/2005 32467 32468 Yes Potentially Relevant Documents Regarding Davis-Besse Individual Actions 1 1 /I 712005 32473 32475 Yes Potentially Relevant Documents Regarding Davis-Besse Individual Actions -- Revised June 23.2006
June 23,2006 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMlSSlOlV BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matters of )
)
DALE L. MILLER ) Docket No. IA-05-053
)
) ASLBP NO.06-846-02-EA
)
STEVEN MOFFITT ) 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-Elva Bowden Berry My Comrnissior~Expires: NOTARY PUBLIC Montgomery County,Maryland hty Commlsslon Explres 12/1/07
June 22,2006 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matters of )
)
DALE L. MILLER ) Docket 110.IA-05-053
)
) ASLBP No. 06-846-02-EA
)
) Docket No. IA-05-054
)
) ASLBP NO.05-8457-03-EA
)
DAVID GEISEN ) 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 0311711994 to 12/04/2001."
- 4. 1 have personally reviewed the "Davis-Besse Time Line 0311711994 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 0311711994 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 0311711994 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 0311711994 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
(: ,V r" I\,u;?,
.- i . . ~ . i . .
Notary Public My Commission Expires:
ClKCE E. MARTIN NOTARY PUBLIC STATE OF MARYLAND My Commission Expires March 1, 2007