ML061740346

Pilgrim- Request of the Town of Plymouth to Participate as of Right Under 2.315(c)

ML061740346
Person / Time
Site:	Pilgrim
Issue date:	06/16/2006
From:	Hollis S Town of Plymouth, MA
To:	NRC/OCM
Giitter R
References
50-293-LR, ASLBP 06-848-02-LR, RAS 11833
Download: ML061740346 (5)

Text

00 DOCKETED USNRC UNITED STATES OF AMERICA June 16, 2006 (4:30prm)

BEFORE THE OFFICE OF SECRETARY NUCLEAR REGULATORY COMMISSION RULEMAKINGS AND ADJUDICATIONS STAFF

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In the Matter of )

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Entergy Nuclear Operations, Inc. ) Docket No. 50-293 Pilgrim Nuclear Power Station )

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Regarding the Renewal of )

Facility Operating License No. )

DPR-35 for a 20-Year Period ) June 16, 2006 REQUEST OF THE TOWN OF PLYMOUTH TO PARTICIPATE AS OF RIGHT UNDER 2.315(c)

The Town of Plymouth, Plymouth County Massachusetts (the "Town") hereby requests to participate as an "interested local governmental body," pursuant to 10 C.F.R. § 2.315(c), in any hearing granted by the Atomic Safety and Licensing Board ("Board")1 regarding the application for the renewal of Operating License No. DPR-35 submitted by Entergy Nuclear Operations, Inc. ("Entergy") to operate the Pilgrim Nuclear Power Station ("Pilgrim").

The Town's request to participate in this matter is necessary to protect its interests in the event that a hearing in this matter is granted by the Board. A hearing may well be granted because two separate requests for hearing have been submitted to the Nuclear Regulatory Commission ("Commission") in the above-captioned docket. 2 A hearing concerning the See "Establishment of Atomic Safety and Licensing Board," issued June 7, 2006.

2 See "Request for Hearing and Petition to Intervene by Pilgrim Watch," filed May 25, 2006; "Massachusetts Attorney General's Request for a Hearing and Petition for Leave to Intervene With Respect to Entergy Nuclear Operations Inc.'s Application for Renewal of the Pilgrim Nuclear Power Plant Operating License and Petition for Backfit Order Requiring New Design Features to Protect Against Spent Fuel Pool Accidents," filed May 26, 2006. These petitions were filed in response to the Commission's "Notice of Acceptance for Docketing of the Application and Notice of Opportunity for Hearing Regarding Renewal of Facility Operating

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issuance of a renewed license to Entergy will necessarily raise issues that are of mutual concern to the Commission and the Town. Accordingly, the Town seeks to participate in this matter, but may not take a position on all of the issues before the Commission.

The Town, on behalf of its residents, has an interest in participating in any hearing on Entergy's application for a renewed license to operate the Pilgrim plant. The Pilgrim plant is located within the Town of Plymouth, Massachusetts. Entergy is seeking Commission approval to extend the current operating license for the Pilgrim plant, which will expire on June 8, 2012, for an additional twenty years. The Town, through its representatives, is responsible for ensuring the protection of the citizens of the Town and of residents of nearby communities from any activities or events at Pilgrim that could otherwise endanger their health, lives, and property.

The Town plays an integral role in carrying out emergency plans with respect to Pilgrim.

Similarly, the Town is charged with protecting the environment in and around the Town from potential harm and ensuring that all businesses located within the Town comply with local regulations governing business operations and practices. Thus, the safe operation of the Pilgrim plant during a renewed license is of particular concern to the Town.

The Town, therefore, is an "interested local governmental body" that should be accorded an opportunity to participate pursuant to 10 C.F.R. § 2.3 15(c) in any hearing that is granted in this matter. The Town's participation is appropriate and necessary to ensure that the health, safety, defense, security, and environmental concerns of the Town are appropriately considered and addressed.

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License No. DPR-35 for an Additional 20-Year Period." (71 Fed. Reg. 15,222 (March 27, 2006)).

2 DM2\7I 8629.1

The Town's representative in any hearing held on this matter shall be Sheila S. Hollis, Partner, Duane Morris, LLP. As the Town representative during the hearing, Ms. Hollis shall have all rights provided under 10 C.F.R. § 2.315(c). In accordance with that section, the Town intends to identify those contentions on which it will participate in advance of any hearing held.

Respectfully submitted, Sheila S. Hollis, Lsq.

Duane Morris LLP Attorneys for Town of Plymouth Pursuant to 10 C.F.R. § 2.304(e), the following are designated as the persons on whom service of the pleadings and other papers in this proceeding should be made:

Mark D. Sylvia Sheila S. Hollis Town Manager Duane Morris LLP Town Manager's Office 1667 K Street, N.W.

11 Lincoln Street Suite 700 Plymouth, MA 02360 Washington, D.C. 20006-1608 Tel: (508) 747-1620x104 Tel: 202-776-7810 Fax: (508) 830-4140 Fax: 202-776-7801 msylvia?,townhall.plymo-uth.ma.us sshollisgduanemorris.com DM2\718629.1 3

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing document have been served upon the following persons or entities by electronic mail and by U.S. mail, first class, postage pre-paid.

Administrative Judge Administrative Judge Ann Marshall Young, Chair Nicholas G. Trikouros Mail Stop T-3 F23 Mail Stop T-3 F23 Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 Administrative Judge Office of Commission Appellate Richard F. Cole Adjudication Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, D.C. 20555-0001 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Office of the General Counsel Dianne Curran, Esq.

Mail Stop 0-15 D21 Harmon Curran, Spielberg & Eisenberg LLP U.S. Nuclear Regulatory Commission 1726 M Street, N.W., Suite 600 Washington, D.C. 20555-0001 Washington, D.C. 20036 Matthew Brock, Assistant Attorney General Terence A. Burke, Esq.

Environmental Protection Division Entergy Nuclear Office of the Attorney General 1340 Echelon Parkway One Ashburton Place Mail Stop M-ECH-62 Boston, MA 02108 Jackson, MS 39213 DM2\718629.1

Molly H. Bartlett, Esq. David R. Lewis, Esq.

52 Crooked Lane Paul Gaulkler Duxbury, MA 02332 Pillsbury, Winthrop, Shaw, Pittman, LLP 2300 N Street, N.W.

Washington, D.C. 20037-1128 Mary E. Lampert Alicia Williamson Director Mail Stop 11 F1 Pilgrim Watch U.S. Nuclear Regulatory Commission 148 Washington Street One White Flint North Duxbury, MA 02332 11555 Rockville Pike Rockville, MD 20852-2738 SherVeme Cloyd Mail Stop 3 F23 U.S. Nuclear Regulatory Commission Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738 Dated at Washington, D.C., this 16th day of June, 2006.

Sheila S. Hollis, Esq.

Duane Morris LLP 1667 K Street, N.W., Suite 700 Washington, D.C. 20006-1608 Tel: 202-776-7810 Fax: 202-776-7801 sshollis(cdduanemorris.com DM2\718629.1