FOIA/PA-2016-0457 - Resp 1 - Interim. Agency records subject to the request are already available

754 Pages·2016·23.24 MB·English

UNITED STATES OF AMERICA
NUCLEAR REGULATORY COMMISSION
ATOMIC SAFETY AND LICENSING BOARD
Before Administrative Judges:
La-wrence G. McDade, Chairman
Dr. Michael F. Kennedy
Dr. Richard E. Wardwell
In the Matter of Docket Nos. 50-247-LR and 50-286-LR
ENTERGY NUCLEAR OPERATIONS, INC. ASLBP No. 07-858-03-LR-8001
(Indian Point Nuclear Generating Units 2 and 3) May 20, 2016
NOTICE
(Contact with NRC Empbyee)
On April 6. 2016, Judge Kennedy was contacted yia telephone by Robert Beaton, a
social acquaintance and former professional colleague. 1 The focus of this conversation was
their mutual interest in baseball. However, during the course of the conversation, Mr. Beaton
asked Judge Kennedy about recent developments at Indian ~oint. In response to Mr. Beaton's
question, Judge Kennedy referenced the March 29, 2016, letter from the Indian Point attorneys
regarding baffle-former bolts, which had altered the Board's schedule. After the conversation,
Judge Kennedy and Mr. Beaton exchanged e-mails (copies attached).
1 Between 2004 and 2008, Judge Kennedy and Mr. Beaton were both employed by Information
Systems Laboratories, a consulting firm. Since 2010. Mr. Beaton has been employed by the
U.S. Nuclear Regulatory Commission, currently in the Division of Safety Systems in the Office of
Nuclear Reactor Regulation.
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The Board is not aware of any involvement by Mr. Beaton in the Indian Point proceeding,
and these communications from Mr. Beaton will not be considered by the Board for any purpose
or in any manner.2
FOR THE ATOMIC SAFETY
AND LICENSING BOARD
IRA/
Lawrence G. McDade, Chairman
ADMINISTRATIVE JUDGE
Rockville, Maryland
May 20, 2016
2 This Notice has been served this date by the Office of the Secretary on those designated in
the accompanying service list through the agency's E-filing system and by e-mail.
Kennedy, Michael
From: Beaton. Robert
Sent: Wedne~day, April 06. 2016 8:58 AM
To: Kennedy, Michael
Subject RE: JP Bolts
Mike,
It is definitely strange that the missing pieces weren't/haven't been discovered or already caused some other
damage. So when are you going up there to look for the missing parts? Don't forget to take your snorkel and
wet suit
I wonder if my branch will be involved with letting them start back up. I imagine there will be some discussions
about whether they can start up if there are still missing pieces/parts in the RCS.
Robert
From: Kennedy, Michael
Sent: Wednesday, April 06, 2016 8:48 AM
To: Beaton, Robert <[email protected]>
Subject: IP Bolts
Robert,
l re*read the letter from the IP attorneys. They stated that inspection of 2000 baffle-former bolts (which
includes the baffle-former and baffle-edge bolts) indicated missing bolts and bar meant to hold them in place
and other degradation requiring replacement of the bolts - 227 of 832 baffle-former bolts. No baffle-edge bolts
were failed. So where are the pieces parts - send in Waldo to look for them.
Mike
Kennedy, Michael
From: Beaton, Robert
Sent: Thufsday, April 07, 2016 3:02 PM
To: Kennedy, Michael
Subject: RE; IP Bolts
Mike,
Rumor is that the problems were caused by a SGTR back in 2000. Apparently, that event put a large OT
across the core barrel region.
Robert
From: Kennedy, Michael
Sent: Wednesday, April 06, 2016 8:48 AM
To: Beaton, Robert <[email protected]>
Subject: IP Bolts
Robert,
I re·read the letter from the IP attorneys. They stated that inspection of 2000 baffle-former bolts (which
includes the baffle-former and baffle.edge bolts) indicated missing bolts and bar meant to hold them in place
and other degradation requiring replacement of the bolts - 227 of 832 baffle-former bolts. No baffle.edge bolts
were failed. So where are the pieces parts - send in Waldo to look for them.
Mike
1
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)
'.
Harris, Brian
From: Eskelsen, Grant W. <[email protected]>
Sent: Wednesday, March 09, 2016 2:45 PM
To: '[email protected]'; '[email protected]'; '[email protected]'; '[email protected]'; Ghosh,
Anita; [email protected]; 'John Sipos'; 'Teresa Manzi'; 'Lisa S. Kwong'; :Mihir
Desai'; 'Siobhan C. Blank'
Cc: '[email protected]'; '[email protected]'; '[email protected]';
'[email protected]'; 'Robert Laughney';
'[email protected]'; Sutton, Kathryn M.; Bessette, Paul M.; O'Neill.
Martin; Kuyler, Raphael Philip; 'Glew Jr, William'; 'Zoli, Elise N'
Subject: [External_Sender] Entergy's Ninety-second Update to Mandatory Disclosures, Indian
Point license Renewal, Docket Nos. 50-247-LR and 50-286-LR
Attachments: 2016 03 09 92nd Update to Entergy's Mandatory Disclosures.pdf
Dear Parties:
Attached is E.ntergy's ninety-second update to its mandatory disclosure,s, dated March 9, 2016. Please feel free to
contact me with any questions concerning this transmittal.
Grant Eskelsen
Grant W. Eskelsen
Morgan, Lewis &. Bockius LLP
1111 Pennsylvania Avenue, NW I Washington, DC 20004-2541
Direct: 202.739.5923 I Main: +l.202.739.3000 I Fax: [phone]
[email protected] I www.morganlewis.com
Assistant: Audrea Salters I +1.202.739.6699 I [email protected]
DISCLAIMER
This e-maH message is intended only for the personal use
ofthe recipient(s) named above. This message may be an
attorney-client communication and as such privileged and
confidential and/or it may include attorney work product.
If you arc not an intended recipient. you may not review,
copy or djstribute this message. If you have received this
communication in error, please notify us immediately by
e-mail and delete the original message.
Morgan Lewis
.Kathryn M. Sutton
Partner .
+ 1.202. 739. 5738
[email protected]
Paul M. Bessette
Partner
+t.202.739.5796
[email protected]
March 9, 2016
John J. Sipos Paul Gallay
Assistant Attorney General President and Hudson Riverkeeper
Environmental Protection Bureau Riverkeeper, Inc.
Office of the New York State Attorney General 20 Secor Road
State Capitol Ossining, NY 10562
Albany, NY 12224
Sherwin Turk
Office of the General Counsel
Mail Stop: 0-15 021
U.S. Nudear Regulatory Commission
Washington, DC 20555-0001
Re: Ninety-second Update to Disclosures Pursuant to 10 C.F.R. § 2.336; Entergy Nuclear Operations..
Inc. (Indian Point Nuclear Generating Units 2 and 3), Docket Nos. 50-247-LR and 50-286-LR
\
Pursuant to 10 C.F.R. § 2.336 and the agreement among the parties, as submitted to the Atomic Safety
and Licensing Board on January 13, 2009, Entergy Nuclear Operations, Inc. f'Entergy") is providing this
ninety-second update to its disclosures wlth respect to Contentions (1) NYS-25, (2) NYS-268/Riverkeeper
TC-18, (3) NYS-35/36, and (4) NYS-38/RK-TC-5, as admltted by the Board on July 31, 2008 (LBP-08·13),
November 4, 2010, July 6, 2011, November 10, 2011, and March 31, 2015.
Entergy's ninety-second update to the disclosures consists of the following:
Morgan, Lewis & Bockius LLP
1111 Pennsylv~ia Avenue, NW
Washington. DC 20004 0+1.202. 739.3000
United Stales 0+1 202.739.3001
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······-··-·-·-.-...... ..
John J. Sipos
Paul Gallay
Sherwin Turk
March 9, 2016
Page 2
• Enclosure 1 lists the names, addresses, and telephone numbers of persons upon whose opinion
Entergy may base its positions on the contentions and upon whom Entergy may rely as a witness.
The bases for these opinions are provided in Enclosures 2, 3, and 4 of previous disclosures and
supplements thereto. Entergy will continue to update Enclosure 1 if and when it identifies additional
witnesses or changes thereto.
• Enclosure 2 provides a description by category and location of relevant non-privileged documents,
data compilations, and tangible things in the passession, custody, or control of Entergy that may be
relevant to the admitted contentions in this proceeding.
• Enclosure 3 is reserved for an index of documents, data compilations, or tangible things that may be
relevant to the contentions but that contain proprietary information, Sensitive Unclassified Non
Safeguards Information ("SUNS!"), or otherwise protected information.
• Enclosure 4 is reserved for an index of relevant documents that are otherwise publicly available.
In order to compile these Enclosures, a reasonable search was conducted of documents in Entergy's
possession, custody, or control. We are attaching an affidavit, which attests that all relevant materials
identified by this search have been disdosed and that the disclosures are accurate and complete as of
March 8, 2016. We will supplement this disclosure with our next disclosure update, which will include
any additional relevant documents and witnesses for any hearing on the contentions to the extent
Entergy identifies them. Entergy will update these disclosures consistent with the Board's Scheduling
Order dated July, 1, 2010.
Entergy has been conservative in identifying a document for indusion ln Enclosure 2. By identifying the
document on thls Enclosure, Entergy does not necessarily concede that the document is in fact relevant
or material to the admitted contentions. As we indicated to you previously, in order to facilitate your
review of these disclosures, we have made a good faith effort to identify_ the contention number(s) to
which each record is responsive. These determinations, however, do not constitute an admission that
each and every record is necessarily re~ponsive to that contention or contentions identified, and ·
documents may be responsive to additional contentions not necessarily identified. In addition, Entergy is
continuing to review those documents listed on Endosure 2 to determine whether they contain
proprietary information. To the extent Entergy determines that additional documents contain proprietary
information, Entergy will continue to update Enclosures 2 and 3 accordingly.
John J. Sipos
Paul Gallay
Sherwin Turk
March 9, 2016
Page 3
Sincerely,
Signed (electronicallvJ bv Paµ/ M. Bessette
Kathryn M. Sutton, Esq.
Paul M. Bessette, Esq.
Counsel for Entergy Nuclear Operations; Inc.
Enclosures
cc: Melissa-Jean Rotihi
Daniel Riesel
Victoria Treanor
Robert D. Snook
Sean Murray
Robert Loughney
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. . .. ......... ··- ·-
UNITED STA TES OF AMERICA
~tCLEAR REGULATORY COMMISSIO~
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
In the Matter of· ) Docket Nos. 50-247-LR and
) 50-286-LR
ENTERGY NUCLEAR OPERATIONS. INC. )
)
(Indian Point Nuclear Generating Lnits 2 and 3) )
~~~~~~~~~~~~~~~~~) March 9. 2016
AFFIDAVIT
I. My name is Virginia Conrad. My title is Project Manager. Entergy Nuclear Operations,
Inc. (. . Entergy .. ). Working with the attorneys for Entergy, I have been responsible for
managing the searches. collection, and compilation of documents. data compilations, and
tangible things to comply with the mandatory disclosure requirements in I 0 C.F.R.
§ 2.336.
2. This Affidavit relates to the disclosures that Entergy is providing on March 9. 2016. in
the above-captioned proceeding pursuant to IO C.F.R. § 2.336. and the agreement among
the parties, as submitted to the Atomic Safety and I.icensing Board on January 13, 2009.
3. A search was conducted of documents, data compilations. and langihlc things potentially
relevant to the admitted contentions under the custody and control of Entergy for the
types of information specified in 10 C.F.R. § 2.336(a). As provided in IO C.F.R.
§ 2.336(c), this search was conducted based on information and documents reasonably
available to Entergy:
a. The searches encompassed both electronic and paper documents.
b. The searches encompassed Indian Point Nuclear Generating Units 2 and 3 license
renewal-related files and documents in the possession and control of individuals
I
who have worked on the IP2 and IP3 license renewal project. including
contractors to Entergy to the extent that they and their employees worked on the
IP2 and IP3 license renewal project.
c. Searches did not encompass documents in the possession of individuals who did
not work on the IP2 and IPJ license renewal project or files unrelated to the IP2
ancl IP3 license renewal project.
4. · Enclosure 2 provides an index of relevant non-privileged. non-protected documents, data
compilations. and tangible things that were located as a result of this search.
5. Enclosure 3 is reserved for an index of relevant documents, data compilations. and
tangible things containing proprietary-related information.
6. Enclosure 4 is reserved for an index ofrelevant documents. data compilations, and
tangible things that are publicly available.
7. Entergy has identified a document for inclusion in Enclosure 2. By identifying the
document on this Enclosure, Entergy does not necessarily concede that the document is in
fact relevant or material to the admitted contentions.
8. These disclosures are accurate and complete as of March 8, 2016.
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