ML061740366
| ML061740366 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 06/20/2006 |
| From: | Atomic Safety and Licensing Board Panel |
| To: | |
| Giitter R | |
| References | |
| 50-293-LR, ASLBP 06-848-02-LR, NRC-1107, RAS 11834 | |
| Download: ML061740366 (44) | |
Text
PAS'1133Lý Official Transcript of Proceedings NUCLEAR REGULATORY COMMISSION
Title:
Pilgrim Nuclear Power Station Pre-Hearing Conference Docket Number: 50-293-LR DOCKETED USNRC June 22, 2006 (3:21pm)
Location: (telephone conference)
OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF Date: Tuesday, June 20, 2006 Work Order No.: NRC-1107 Pages 1-42 NEAL R. GROSS AND CO., INC.
Court Reporters and Transcribers 1323 Rhode Island Avenue, N.W.
Washington, D.C. 20005 (202) 234-4433 3 F CV
1 1 UNITED STATES OF AMERICA 2 NUCLEAR REGULATORY COMMISSION 3
4 ATOMIC SAFETY AND LICENSING BOARD 5 (ASLB) 6 7 TELECONFERENCE 8 I 9 In the Matter of: 11 10 II Docket No. 50-293-LR 11 PILGRIM NUCLEAR POWER 11 12 STATION 13 11 14 Tuesday, 15 June 20, 2006 16 17 18 The above-entitled matter came on for 19 hearing, pursuant to notice, at 10:00 a.m.
20 BEFORE:
21 JUDGE ANN YOUNG Chair 22 JUDGE NICHOLAS TRIKOUROS 23 JUDGE RICHARD COLE 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W.
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2 1 APPEARANCES:
2 On Behalf of Entergy Nuclear Generation Company 3 and Entergy Nuclear Operations, Inc.:
4 DAVID LEWIS, ESQ.
5 .PAUL GAUKLER, ESQ.
6 of: Pillsbury Winthrop Shaw Pittman, LLP 7 2300 N Street, N.W.
8 Washington, D.C. 20037-1128 9 (202) 663-8474 10 11 On Behalf of Pilgrim Watch:
12 MARY LAMPERT, ESQ.
13 Pilgrim Watch 14 148 Washington Street 15 Duxbury, MA 02332 16 (781) 934-0389 17 18 MOLLY BARTLETT, ESQ.
19 Pilgrim Watch 20 52 Crooked Lane 21 Duxbury, MA 02332 22 (781) 934-9473 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W.
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3 1 On Behalf of the Town of Plymouth, 2 Massachusetts:
3 SHEILA HOLLIS, ESQ.
4 DuaneMorris.com 5 1667 K Street, N.W.
6 Suite 700 7 Washington, D.C. 2 0006 8 (202) 776-7800 9
10 On Behalf of the Commonwealth of Massachusetts:
11 MATTHEW BROCK, ESQ.
12 Assistant Attorney General 13 Environmental Protection Division 14 Office of the Attorney General 15 One Ashburton Place 16 Boston, MA 02108 17 (617) 727-2200 x2425 18 19 DIANE CURRAN, ESQ.
20 of: Harmon, Curran, Spielberg &Eisenberg, LLP 21 1726 M Street, N.W.
22 Suite 600 23 Washington, D.C. 20036 24 (202) 328-3500 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W.
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4 1 On Behalf of the Nuclear ReQulatory Commission:
2 SUSAN UTTAL, ESQ.
3 United States Nuclear Regulatory 4 Commission 5 Mail Stop 15D21 6 Washington, D.C. 20555 7 (301) 415-1582 8
9 10 ALSO PRESENT:
11 JERED LINDSAY, ASLBP Law Clerk 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W.
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5 1 P-R-O-C-E-E-D-I-N-G-S 2 (10:03 a.m.)
3 JUDGE YOUNG: I'm Ann Young. I'm the 4 Chair of the Licensing Board in this proceeding, and 5 with me is Judge Nicholas Trikouros and Richard Cole, 6 and our Law Clerk Jered Lindsay.
7 Let me just go over my listing of subjects 8 for this conference, and, if anyone has anything to 9 add, we can do that. First, obviously, the scheduling 10 of the oral argument, where to hold the oral argument, 11 whether the Town of Plymouth wishes to participate in 12 the oral argument and to what extent, any other 13 considerations regarding the Town's participation, 14 etcetera, whether there is any need to hear limited 15 appearance statements at this time, what the parties' 16 positions may be on that.
17 I think there's no opposition to the 18 Massachusetts Attorney General's reply time, so we 19 will confirm all of the dates when things are due.
20 And then, we have received the Massachusetts Attorney 21 General's letter and request for a ruling based on the 22 San Luis Obispo decision, and we will be asking the 23 parties for your -- first, the Attorney General's 24 office or counsel on what it is you would like us to 25 do on that, at what point, and what the options on NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W.
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6 1 that might be, and then anything else that I may have 2 overlooked or that the parties particularly wish to 3 raise.
4 Can anyone add anything to that list at 5 this point?
6 PARTICIPANT: Judge Young, that sounds 7 like a pretty comprehensive list.
8 JUDGE YOUNG: All right. Okay. I think 9 probably the most difficult issue may not be the best 10 one to start with, but let's go ahead and do that, and 11 that is when to hold this oral argument. We have been 12 looking at dates, and for various reasons it looks as 13 though July 25th and 26th may be the only dates on 14 which we can realistically hold the oral argument in 15 the near future. Otherwise, it looks as though we're 16 going to be over into September or October.
17 MS. UTTAL: Judge Young?
18 JUDGE YOUNG: Yes.
19 MS. UTTAL: This is Susan Uttal. Those 20 dates are impossible for me, and if you want me to 21 explain why I will. But there's no way I can get out 22 of town on those days.
23 JUDGE YOUNG: What's your situation, and 24 what about Mr. Wedewer? Did I pronounce --
25 MS. UTTAL: Mr. Wedewer won't be with the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W.
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7 1 office anymore.
2 JUDGE YOUNG: Hmm?
3 MS. UTTAL: Mr. Wedewer won't be with the 4 office anymore.
5 JUDGE YOUNG: Do you have any other co-6 counsel who might be able to do it on those dates?
7 MS. UTTAL: No, I don't. We're kind of 8 hurting over here.
9 JUDGE YOUNG: Okay. And what's the reason 10 you won't be able to be available on those dates?
11 MS. UTTAL: My husband is going out of 12 town on business. And my children are 11 and 13, and 13 they can't be left alone, and I have no one else to 14 watch them.
15 JUDGE YOUNG: I suppose that the parties 16 want to have oral arguments in Massachusetts?
17 MR. BROCK: That's correct, Your Honor.
18 This is Matt Brock.
19 JUDGE YOUNG: And tell me again who you're 20 with.
21 MR. BROCK: I'm with Massachusetts 22 Attorney General's Office.
23 JUDGE YOUNG: Okay. And the other 24 parties?
25 MR. LEWIS: Entergy has no preference, NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W.
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8 1 Your Honor.
2 THE COURT REPORTER: Please identify 3 yourself.
4 MR. LEWIS: This is David Lewis of 5 Entergy. I would support a prehearing cQnference.
6 MS. UTTAL: The staff has -- this is Susan 7 Uttal. The staff has no preference either.
8 MS. LAMPERT: May Lampert from Pilgrim 9 Watch. We'd prefer Massachusetts.
10 JUDGE TRIKOUROS: Where in Massachusetts?
11 MS. LAMPERT: I think Boston would be 12 certainly agreeable and easy for people to get to.
13 JUDGE TRIKOUROS: Thank you.
14 JUDGE YOUNG: Is Ms. Bartlett with us?
15 MS. BARTLETT: Yes, I am.
16 JUDGE YOUNG: Okay. So --
17 MS. BARTLETT: Judge Young, actually, I've 18 made a change in my plans to kind of free up a couple 19 of the earlier weeks in July.
20 JUDGE YOUNG: Oh, good. Okay. Let's look 21 at those dates.
22 MS. BARTLETT: Which then makes the 25th 23 and 26th tough for me. So for me now any time before 24 the 15th is doable.
25 JUDGE YOUNG: So we could do it the 12th NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W.
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9 1 and 13th?
2 MS. BARTLETT: If other parties are free 3 those days.
4 MS. CURRAN: Judge Young, this is Diane 5 Curran. I'm going to be out of the country the 12th 6 and the 13th, but I could do it on the 6th and the 7 7th.
8 JUDGE YOUNG: Was there anyone else who 9 could not do it on the 6th and the 7th? I think maybe 10 those were good dates.
11 MS. HOLLIS: I'm sorry, Your Honor. This 12 is Sheila Hollis, and I will not -- those are the only 13 two dates, out of everything that you have listed so 14 far, that I could not do it. I will be out of the 15 country.
16 MS. UTTAL: I'm available those two dates, 17 Judge. Susan Uttal.
18 MR. LEWIS: Judge Young, this is David 19 Lewis. I could make myself available on those two 20 dates.
21 JUDGE YOUNG: Ms. Hollis, let me ask you, 22 did you want to participate and make any argument in 23 the oral argument? I couldn't tell from your --
24 MS. HOLLIS: Of the oral arguments, we 25 would be likely stating things that are embodied in NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W.
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10 1 the comments that we've filed already. And I would 2 have to consult with the client as to whether they 3 want us to participate fully as a -- in an oral 4 argument context.
5 JUDGE YOUNG: Ms. Curran, I had thought 6 that you had said that you were going to be out of the 7 country on the 10th and the 11th, but that the 12th 8 had not presented a problem for you.
9 MS. CURRAN: No, I'll be gone that entire 10 week, and I get back on the afternoon of the 17th.
11 JUDGE YOUNG: The 20th and 21st was -- did 12 anyone have a problem with the 20th and 21st of July?
13 MS. BARTLETT: Yes, Judge Young, I do now.
14 This is Molly Bartlett.
15 JUDGE YOUNG: And what about the 18th and 16 19th?
17 PARTICIPANT: I'll be unavailable on the 18 18th and 19th.
19 JUDGE YOUNG: Oh, that's right. You 20 have --
21 PARTICIPANT: I'll be on a case.
22 JUDGE YOUNG: Okay.
23 MR. LEWIS: Judge Young, on the 20th and 24 21st Entergy is available. And while I appreciate --
25 who is going to be unavailable on the 20th and 21st?
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11 1 MS. BARTLETT: Molly Bartlett.
2 MR. LEWIS: Oh, okay. Excuse me.
3 JUDGE YOUNG: Well, it looks as though the 4 6th and 7th is the -- looks the best, unless the Town 5 of Plymouth wants to take part.
6 Now, I think we may -- we may need to 7 consider priorities when we're looking at this.
8 Unfortunately, I guess the second option -- do you 9 want to -- hold on just one second.
10 (Pause.)
11 JUDGE YOUNG: Ms. Uttal, would you be 12 available the 27th and 28th of July?
13 MS. UTTAL: No. My husband is out that 14 whole week, Judge. I'm sorry.
15 MR. LEWIS: Judge Young?
16 JUDGE YOUNG: Yes.
17 MR. LEWIS: This is David Lewis. I have 18 one suggestion. I can't remember whether the week of 19 July 31st/August 1st is bad, but we are having oral 20 argument in the Vermont Yankee case on August 1st and 21 2nd, and the Massachusetts Attorney General will be 22 attending that oral argument and presenting their --
23 presuming that there is argument on this -- on their 24 one contention, presenting it during that two-day I
25 period.
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12 1 JUDGE YOUNG: We were aware of that, yes.
2 MR. LEWIS: Okay. I guess that could be 3 a joint argument if that would help you, and that 4 might obviate Ms. Curran's presence at an earlier 5 session.
6 JUDGE COLE: The difficulty with that 7 proposal is that I believe that's -- I'm not sure 8 where that Vermont Yankee hearing will be held, but I 9 think that would be in or around Brattleboro, and we 10 would really like the Pilgrim hearing in 11 Massachusetts.
12 MR. LEWIS: Okay. Just wanted to throw it 13 out there.
14 JUDGE COLE: Okay.
15 JUDGE YOUNG: Okay.
16 PARTICIPANT: What about --
17 JUDGE YOUNG: Hold on one second.
18 (Pause.)
19 As a secondary set of dates, what about 20 September 11th and 12th?
21 MS. HOLLIS: Judge, this is Sheila Hollis 22 speaking. They're fine for me.
23 MR. LEWIS: This is David Lewis. I could 24 do it. I'd just observe that those dates would not 25 allow the Board to issue its decision within 45 days, NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W.
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13 1 which is what is contemplated by the rules.
2 JUDGE YOUNG: Right.
3 MR. LEWIS: And I think if it was going to 4 be that late our suggestion would be to perhaps 5 consider not having a prehearing conference.
6 JUDGE YOUNG: Can we hear from the other 7 parties?
8 MS. CURRAN: Judge Young, this is Diane 9 Curran. We think it's a good idea to have the 10 prehearing conference, and we'd just like to see if we 11 could do the earlier dates. And maybe there's some 12 way that the town could comment on the oral argument 13 at some point, if you could hold the record open for 14 the town to submit additional comments on what was 15 said at the oral argument. I just think the 6th and 16 the 7th look pretty good for almost everybody.
17 MS. UTTAL: Judge, this is Susan Uttal.
18 September 11th and 12th I can do with some hardship, 19 since it's just a few days before my daughter's Bat 20 Mitzvah. But I agree with Ms. Curran regarding 21 perhaps leaving the record open for the township to 22 provide any comments they want to. I also agree with 23 Mr. Lewis that perhaps we don't need oral argument in 24 this matter.
25 MR. BROCK: Your Honor, this is Matt Brock NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W.
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14 1 from the Mass AG. We would like to have oral 2 argument. We think that would be important, and we 3 certainly support your effort to make it as early as 4 possible. We would hope it wouldn't have to be moved 5 into September. And whatever accommodation of the 6 record might make that possible, maybe that would be 7 appropriate to consider then, to have an earlier date.
8 JUDGE YOUNG: Ms. Hollis, I guess I'd ask 9 you to speak to a couple things. One, the suggestion 10 that you would have the option of filing comments to 11 the oral argument after the oral argument was 12 completed. And, two, on whether -- and I guess anyone 13 can speak to this in response. What we're required to 14 provide a local government under Section 2315 is 15 reasonable opportunity I believe to participate.
16 Under the circumstances, it's beginning to 17 look as though the most reasonable thing to do would 18 be to go ahead with the July 6th and 7th dates.
19 That's how we're thinking at this point, and to allow 20 you that option. But before making a final decision 21 on that, would you like to speak to that?
22 MS. HOLLIS: Well, I'm fairly certain that 23 we would want to, at a minimum, provide comments for 24 the record. And it's possible that perhaps one of my 25 colleagues could do -- should we elect to participate NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W.
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15 1 in the oral argument could do it. And I may -- if I 2 can change my alleged non-refundable tickets to get 3 back from England earlier, I will try and do that 4 myself.
5 So I'd say I -- we don't want to be an 6 impediment. In fact, what we hope to do is to 7 illuminate the record and to provide assistance in 8 help to the NRC in its decisional process.
9 JUDGE YOUNG: Well, we appreciate that, 10 and so that would be great.
11 MR. LEWIS: Judge Young?
12 JUDGE YOUNG: Yes.
13 MR. LEWIS: This is David Lewis. We don't 14 object to holding the record open and providing the 15 town an opportunity for any comments they may have on 16 the oral argument, but we'd point out that the oral 17 argument is just legal argument on the admissibility 18 of contentions, and, therefore, we presume this 19 wouldn't be an opportunity to add new factual bases or 20 factual information.
21 It would be comments in the form of, you 22 know, any additional legal arguments that the town 23 might want to make. Just wanted to confirm that --
24 that we're not holding an opportunity to further 25 supplement the bases of the contentions.
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16 1 JUDGE YOUNG: Right. And, obviously, we 2 don't get into the merits of the contentions in oral 3 arguments either. And I think that's probably clear 4 to everyone. The quality of counsel in this case, I 5 will say, is impressive. And sQ. I would expect that 6 we shouldn't have some of the disputes that we've had 7 in some other proceedings about the scope of the 8 reply, for example, whether it should or does add any 9 new bases or new information that should have been 10 included in the original petition, which the 11 Commission has said is not permissible. The petitions 12 are fairly lengthy, so I don't expect that that would 13 be a problem.
14 And, Ms. Hollis, I don't know whether 15 you're aware of that case law, but under the 16 Commission's new rules there has been some case law 17 that says that the replies of petitioners may not --
18 while they may contain legitimate amplification and 19 may address the arguments as to whether or not a 20 particular contention is admissible -- the legal 21 arguments -- they should not include additional facts 22 that would bolster the admissibility of the 23 contentions under the new rules, which have always 24 been strict in terms of what is required of 25 contentions but now has made more strict the timelines NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W.
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- o
17 1 on those.
2 If there is any lack of clarity on any of 3 that, speak up, anyone, and we can go into that any 4 further. Otherwise, we'll just set the 6th and 7th of 5 July as the oral argument dates. We'll hope that the 6 Town of Plymouth can join us in one way or another.
7 And if not, we will keep the record open another week, 8 through -- until the 14th for additional comment.
9 MS. HOLLIS: Thank you, Your Honor.
10 MS. UTTAL: Judge Young, one more thing.
11 This is Susan Uttal.
12 JUDGE YOUNG: Okay.
13 MS. UTTAL: Just so the Board doesn't 14 think that I was misrepresenting. Mr. Wedewer last's 15 day with our office is July 21st. That's why he 16 couldn't make -- take my place thereafter, but he will 17 be able to participate on the 6th and 7th.
18 JUDGE YOUNG: Okay. And we will attempt 19 to locate a place in Boston, unless anyone else wants 20 to suggest another -- that we consider another place.
21 We'll notify you of that location at that time.
22 Is there any -- does any party have any 23 point of view with regard to limited appearance 24 statements at this time? Or when those should be 25 heard?
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18 1 MR. LEWIS: Judge Young, this is David 2 Lewis. My belief is that limited appearance 3 statements are intended to, you know, alert the Board 4 to any additional issues in the event that a hearing
.5 is heard, in the event a hearing is conducted. And, 6 therefore, my suggestion would be not to have limited 7 appearance sessions unless and until parties are 8 admitted and contentions are admitted and we know 9 we're going to have a hearing.
10 JUDGE YOUNG: Any other statements on 11 that?
12 MS. UTTAL: Judge, I agree with Mr. --
13 this is Susan Uttal. I agree with Mr. Lewis, because 14 in the regulation it speaks of a person who is not a 15 party, which assumes that parties have already been 16 admitted.
17 MS. CURRAN: Judge Young, this is Diane 18 Curran. In my experience in the past, often the 19 Licensing Board holds the limited appearance sessions 20 at the time of oral argument on standing and 21 admissibility of contentions.
22 And I think it's a useful thing for the 23 people who live near these plants to be able to go and 24 express concerns that the way I have observed it 25 happening is that if concerns are raised that were not NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W.
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19 1 raised in contentions that they're referred to the 2 staff, and it seems to be -- it's a way of identifying 3 issues that the staff may or may not be looking at.
4 JUDGE YOUNG: What about Plymouth Watch 5 and the Town of Plymouth, do you have any input on 6 this?
7 MS. CURRAN: What we normally do, for the 8 benefit of Ms. Bartlett and Ms. Lampert and Ms.
9 Hollis, with limited appearance statements we 10 generally set aside a period of a few hours, two or 11 three hours, and allow any member of the public to 12 speak for five, maybe a few more minutes, depending 13 upon the number of people who show up.
14 And everyone comes and listens, and it's 15 -- I think the public has generally already had some 16 occasion to speak when they meet with the staff and 17 probably will have additional opportunities with the 18 staff, but this is their one opportunity with the 19 Licensing Board. It's not evidence, but the members 20 of the public are permitted to make short statements.
21 Do either of you have a position on this, on when this 22 should occur?
23 MS. LAMPERT: This is Mary Lampert, 24 Pilgrim Watch. And I would echo what Diane had to 25 say, and I think it is in keeping with efforts that NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W.
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20 1 the NRC is now making to be more inclusive of the 2 public.
3 MS. HOLLIS: I think it's useful, and I 4 think as early and often as possible. My observation 5 was from the scoping meetings there was a great degree 6 of interest, both in the day and evening sessions, and 7 the same was true for Vermont Yankee. There just 8 seems to be a high level of interest in the 9 relicensing process by the plant, by the public with 10 respect to the plants.
11 THE COURT REPORTER: Please identify 12 yourself.
13 MS. HOLLIS: Sorry. That's Sheila Hollis 14 for the Town of Plymouth.
15 JUDGE YOUNG: All right. We'll take your 16 comments into consideration and issue an order setting 17 forth what we do here today. And if our order today 18 doesn't deal with the limited appearance statements, 19 then we will notify you at a later date if we should 20 determine to hear those at this oral argument or in 21 the evening -- it would probably be the evening of the 22 6th.
23 All right. We've talked a little bit 24 about the Town of Plymouth's participation. Are there 25 any other issues that we need to address about that?
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21 1 The rule is fairly clear about what happens if a 2 hearing is granted. The local government may -- let 3 me get the actual section -- may introduce evidence, 4 interrogate witnesses where cross examination is 5 permitted, advise the Commission, file proposed 6 findings, and so forth.
7 I'm assuming from introduced evidence that 8 would include introducing or having witnesses testify.
9 Anyone have any comments on any aspect of the 10 participation of the Town of Plymouth?
11 MR. LEWIS: This is David Lewis. Not at 12 this juncture.
13 JUDGE YOUNG: Does that mean you're going 14 to later?
15 MR. LEWIS: I don't know what their 16 proposed participation will be down the road. I don't 17 have any current objections, but, quite frankly, I've 18 been working on the responses to the Massachusetts 19 Attorney General's and Pilgrim Watch's hearing 20 request, and at this point I have not yet, you know, 21 concentrated that much on Plymouth's request. I can't 22 see any reason why they wouldn't be able to 23 participate as an interested state under the rules.
24 MS. HOLLIS: Well, I think it's pretty 25 straightforward under the rules, at least as I read NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W.
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22 1 them, is that a directly-affected community such as 2 Plymouth in which the plant is located is granted that 3 right to participate explicitly, even if they don't 4 intervene as a party.
5 THE COURT REPORTER: Please identify 6 yourself.
7 MR. LEWIS: All I'm saying is I don't have 8 any objection at this point. I just haven't had a lot 9 of time yet to focus on it.
10 MS. HOLLIS: Yes.
11 MR. LEWIS: I don't want to --
12 MS. HOLLIS: Yes.
13 MR. LEWIS: If there is something new or 14 different down the road, I --
15 MS. HOLLIS: For the Court Reporter, that 16 was Ms. Hollis and Mr. Lewis I believe, right?
17 MR. LEWIS: Yes.
18 MS. HOLLIS: Sorry, we're torturing you.
19 JUDGE YOUNG: Obviously, and I think 20 everyone understands this, that any of the evidence 21 introduced would have to be relevant to any -- to an 22 admitted contention, and so there's no dispute about 23 that. Well, unless anyone has anything else to raise 24 on that, I think that's pretty straightforward.
25 Let's see. On the Attorney General's NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W.
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23 1 letter and request on the -- for a ruling on the --
2 based on the San Luis Obispo decision, you're asking 3 that we apply the Mothers For Peace decision by ruling 4 that the environmental impacts of an intentional 5 attack on the Pilgrim fuel storage pool must be 6 addressed in an EIS or seek appropriate guidance from 7 the Commission.
8 You don't really define how or when you're 9 asking that we make such a ruling. You did raise I 10 think the terrorism aspect as part of the basis for 11 your contention. The Town of Plymouth has also raised 12 that in I guess their scoping comments, which are not 13 directed to us.
14 Are you asking that we do anything other 15 than consider this in our ruling on your contention?
16 Are you asking for a separate ruling? Are you asking 17 for an early ruling? Are you asking that we certify 18 this to the Commission at this point? Why don't you 19 clarify a little bit for us what it is that you're 20 seeking.
21 MS. CURRAN: Okay. This is Diane Curran.
22 What we're asking is for the Licensing Board to rule 23 that an environmental -- that the supplemental 24 environmental impact statement has to address the 25 impacts of a terrorist attack. In our contention NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W.
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24 1 we're concerned specifically with an attack on the 2 pool.
3 JUDGE YOUNG: In the context of ruling on 4 the contention.
5 MS. CURRAN-. Yes.
6 JUDGE YOUNG: Okay.
7 MS. CURRAN: And this was presented as a 8 -- in the contention as a factual question of -- that 9 the issue that should be admitted is whether or not 10 these impacts are foreseeable, and the court has now 11 said as a matter of law they are. So it goes further 12 -- the decision goes further and says this is now 13 required.
14 And the Ninth Circuit -- of course, our 15 case is not in the Ninth Circuit, but it's a 16 significant precedent, so we think that the Board 17 should take that into account, and that if the Board 18 is uncertain of the precedential effect of the Ninth 19 Circuit decision in the Pilgrim case then it should 20 seek guidance from the Commission.
21 MR. LEWIS: Judge Young, this is David 22 Lewis. I don't think there's a need to do anything 23 special at this point in time. The Attorney General's 24 contention currently presents the arguments that were 25 also made in the Ninth Circuit, and I don't object to NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W.
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25 1 the Licensing Board, you know, considering whatever 2 legal effect the San Luis Obispo case may have. We 3 will address it in our answer, what that effect is and 4 what it means to the contention.
5 I think the contention remains the same in 6 any event, and I presume that the Attorney General 7 will have a chance to address what we say in their 8 reply, and it will also be, you know, fair game in the 9 oral argument to discuss what are the implications of 10 this case with respect to the proposed contention. So 11 I think that, you know, this is a legal development 12 that we'll argue about, and I just don't see the need 13 to do anything early or special.
14 I don't know if, Diane Curran, whether you 15 agree or disagree.
16 MS. CURRAN: Yes. We're content to 17 address it in the -- to see what Entergy has to say 18 and address it in our reply in the oral argument.
19 JUDGE YOUNG: Okay. And I'm assuming both 20 of you obviously will consider the effect of that in 21 light of the earlier rulings by the Commission and 22 what we should consider as controlling here. If there 23 is nothing more on that, then we won't worry about 24 that for the time being, and look forward to what you 25 have to offer in your written and oral arguments.
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26 1 Let's see. On the timing, just one last 2 thing, let's confirm these deadlines, when we can 3 expect to receive things from you. The staff -- could 4 you clarify for us. I think we were expecting to hear 5 from you tomorrow in your response to the Attorney 6 General, but then I think there may have been a 7 reference in the unopposed motion to your requesting 8 to extend the deadline --
9 PARTICIPANT: To June 22nd.
10 JUDGE YOUNG: -- to June 22nd.
11 MS. CURRAN: Judge Young, this is Diane 12 Curran. Why don't I address that, because it was the 13 Commonwealth's motion. We had -- we would like to 14 make uniform the dates on which the Attorney General 15 has to reply to Entergy and the staff, and right now 16 our reply to the staff is due on the 27th, our reply 17 to Entergy is due the 29th. So we asked the staff if 18 we could have another two days, until the 29th, and 19 the staff said, "That's okay, but just give us until 20 the 22nd to respond to you." And we agreed to that.
21 So basically, what we're asking for is a 22 shift of the due dates for the staff's response 23 shifting from the 20th to the 22nd, and for the 24 Attorney General's reply to shift from the 27th to the 25 29th.
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27 1 MR. LEWIS: Diane?
2 MS. CURRAN: Yes.
3 MR. LEWIS: This is David Lewis. I've 4 already forgotten -- I'm getting these confused -- but 5 didn't the Vermont Yankee Board yesterday give you 6 until the 30th?
7 MS. CURRAN: Yes, and we'll take that if 8 -- no one has been offering that in this case.
9 MR. LEWIS: I don't object. I mean, I --
10 it seems to me it would be a little silly if you had 11 to file on the 29th in the Pilgrim case and the 30th 12 in the VY when they will be I'm sure the identical 13 reply, since our answers will be identical.
14 MS. CURRAN: Well, it certainly would be 15 appreciated.
16 JUDGE YOUNG: The only thing -- let me 17 just interrupt here. The only thing that I would 18 point out is that, since we are having oral argument 19 on the 6th and 7th, and we have a holiday weekend 20 coming up, if you can do it by the 29th it would -- I 21 think that would probably be helpful.
22 Before we get to that, let's just go 23 through --
24 MS. CURRAN: So, Judge Young, are you 25 saying that you will extend it to the 30th, but you'd NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W.
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28 1 like us to try to get it in by the 29th?
2 JUDGE YOUNG: We can confer if necessary.
3 (Laughter.)
4 But before we get to that one, let me just 5 get clear -- go through -- I'm going to take these in 6 order, so that I can sort of keep track of them.
7 We've already received the staff's reply to Pilgrim 8 Watch. The 22nd we're going to receive the reply to 9 the Massachusetts Attorney General. Also, on the 22nd 10 we're going to receive Entergy's reply to the 11 Massachusetts Attorney General, right?
12 MR. LEWIS: That's correct. That' s 13 Thursday, right? Yes.
14 MS. CURRAN: That's correct.
15 JUDGE YOUNG: And then, June 26th we're 16 going to receive Entergy' s reply to Plymouth Watch.
17 MR. LEWIS: That's correct. That was 18 David Lewis. Yes, that's correct.
19 PARTICIPANT: The 26th?
20 JUDGE YOUNG: The 26th.
21 PARTICIPANT: Okay.
22 JUDGE YOUNG: To Plymouth Watch.
23 PARTICIPANT: Pilgrim Watch.
24 JUDGE YOUNG: Response to Pilgrim Watch.
25 I was saying reply; I mean response on all those.
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29 1 So then, Ms. Curran is proposing that we 2 set June 30th, but recommend the 29th for the staff --
3 I'm sorry, for the Massachusetts Attorney General 4 reply to both the staff and Entergy.
5 MS. CURRAN: Judge Young, can you go over 6 when Pilgrim Watch's reply --
7 JUDGE YOUNG: Right. And that's what --
8 you're next on the list. Your reply to the staff 9 would be due next Monday, seven days after, although 10 that gets us to another issue and that is under 11 Section 2306, one of the things that we were going to 12 discuss was the last portion of that, which allows a 13 party who receives a pleading after 5:00 p.m. to add 14 a day to their response time.
15 Now, for the remainder of this proceeding, 16 we would like to not follow that, because normally 17 what happens in these cases and what probably got us 18 off to a confusing start was that all filings are done 19 electronically, and it's fairly frequent that we get 20 filings after 5:00 p.m.
21 And in order for everyone to be able to 22 predict with any certainty when to expect responses, 23 and so forth, we would like to say that -- we've 24 already said 11:59 is an acceptable filing time for 25 electronic filings. So we would like to say that the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W.
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30 1 reply -- consider the reply time to be from the date 2 that the item is actually filed.
3 But since we hadn't said that up to this 4 point, and I believe the staff's response was filed at 5 -- 8:30 was it, last night? That would give you until.
6 next Tuesday, Pilgrim Watch, to file any reply that 7 you have to the staff. You would then have seven days 8 to file a response to Entergy's -- to file a reply, 9 pardon me, to Entergy's response, and that would put 10 it July 3rd.
11 Okay. Let's just go over those again.
12 June 19th -- well, the staff has already filed its 13 response. June 22nd, the staff will file its response 14 -- staff and Entergy will file their responses to the 15 Massachusetts Attorney General's petition. June 26th, 16 Entergy will file its response to Plymouth Watch 17 petition. Preferably on June 29th, but absolutely on 18 the 30th, the Massachusetts Attorney General will file 19 a reply to Entergy and the staff.
20 And on July 3rd, Plymouth Watch will file 21 its reply to Entergy. And I left out June 27th 22 Plymouth Watch will file your reply to the staff.
23 Did I leave anything out?
24 Ms. Hollis, will you be wanting to file 25 anything further before oral argument?
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31 1 MS. HOLLIS: I don't believe so.
2 JUDGE YOUNG: Okay. All right. Anything 3 else that any participant thinks we should address 4 today?
5 MR. LEWIS: Judge Young, this is David 6 Lewis. If I could ask Ms. Uttal -- I don't think I 7 got the answer that was filed yesterday evening. I 8 don't think Mr. Gaukler received it either, so I'd 9 just ask if you could check the e-mail addresses.
10 MS. UTTAL: Okay. Well, give me your e-ll mail addresses, because you are on my e-mail list, so 12 13 MR. LEWIS: Okay. I'll just call you 14 after this conference call.
15 MS. UTTAL: Okay. That would be fine.
16 MS. HOLLIS: Your Honor, this is Sheila 17 Hollis. I was wondering if it would be possible to be 18 sure that we are added on to service lists, so at 19 least we're in the loop a little more on this. We've 20 had some difficulty getting documents.
21 JUDGE YOUNG: Definitely. I think that 22 the service list that I used in the e-mails since Ms.
23 Hollis filed for the Town of Plymouth has everyone's 24 correct e-mail addresses. Can everyone -- each of you 25 tell me, did you receive my e-mail in response to Ms.
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32 1 Hollis?
2 MR. LEWIS: This is David Lewis. We did.
3 MS. CURRAN: This is Diane Curran. Judge 4 Young, yes, I did. And I'm just -- I would like to 5 ask, is Jered. Lindsay on that list? And would you 6 also like us to be sending him hard copies of our 7 filings?
8 JUDGE YOUNG: Just electronic is fine.
9 MS. CURRAN: Okay. And he's on the list?
10 JUDGE YOUNG: He's on the list that I 11 use --
12 MS. CURRAN: Okay.
13 JUDGE YOUNG: -- for those e-mails.
14 MS. CURRAN: Oh, I see.
15 JUDGE YOUNG: Did the staff receive those 16 e-mails from me? I think you did.
17 MS. UTTAL: Yes, I did.
18 Ms. Hollis, did you receive my filing 19 yesterday?
20 MS. HOLLIS: I have not, Susan.
21 MS. UTTAL: Okay. I sent it to the Town 22 Manager, M. Sylvia, and you -- you're just 23 sshollis@duanemorris.com?
24 MS. HOLLIS: Correct.
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33 1 gotten it. I'll check my e-mail.
2 MS. HOLLIS: Thanks a lot, Susan. I did 3 not get it. Maybe we're being dutiful in our spam 4 blocking here. I don't know. I'll check.
5 MS. UTTAL: Okay. Thank you.
6 MS. BARTLETT: Susan, this is Molly 7 Bartlett for Pilgrim Watch. I don't think Mary 8 Lampert got your e-mail of last night.
9 MS. UTTAL: Probably --
10 MS. LAMPERT: No, I didn't.
11 MS. UTTAL: I don't think she's on my 12 list, so I --
13 MS. LAMPERT: Could I be on your list?
14 MS. UTTAL: -- I'll have to add her to my 15 list.
16 JUDGE YOUNG: Ms. Lampert, did you get --
17 and Ms. Bartlett, both, did you all get my e-mails to 18 Ms. Hollis?
19 MS. LAMPERT: Yes, I did.
20 JUDGE YOUNG: Okay. Then, those e-mails, 21 and which I also included the Office of the Secretary, 22 I think those are complete, accurate service --
23 electronic service lists.
24 MR. BROCK: Your Honor, this is Matt 25 Brock. I've been actually out of my office and am not NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W.
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34 1 currently in my office to confirm receipt of some of 2 these e-mails. I just want to be sure that I am also 3 on the service list.
4 JUDGE YOUNG: Let me just quickly look 5 back and -- I have you on my list, Matt.
6 MR. BROCK: Okay.
7 MS. HOLLIS: Susan, I definitely did not 8 get that e-mail.
9 MS. UTTAL: Who is this?
10 MS. HOLLIS: Sheila. Sheila Hollis, 11 Susan.
12 MS. UTTAL: Okay. Well, I will resend 13 them as soon as we're done with this.
14 MS. LAMPERT: This is Mary Lampert. Could 15 I make a request to the NRC to send documents in 16 Microsoft Word.
17 MS. HOLLIS: We work --
18 MS. LAMPERT: Because I can't open them, 19 and I'm sending them, you know, into Boston to -- I 20 mean, it's crazy.
21 MS. HOLLIS: We work with WordPerfect.
22 MS. LAMPERT: I noticed.
23 MS. HOLLIS: And our ability to put it 24 into Word is kind of limited. I mean, the things that 25 I filed perhaps I can. I do have access to Word, but NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W.
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35 1 WordPerfect should have the ability to convert to 2 Word.
3 MR. LEWIS: Diane?
4 MS. CURRAN: Yes.
5 MR. LEWIS: Am I on that service list?
6 MS. CURRAN: Yes, you're on Judge Young's 7 list, yes.
8 MR. LEWIS: Okay. I just wanted to be 9 sure. Thank you.
10 MS. CURRAN: Yes.
11 JUDGE YOUNG: Mr. Brock, did you get my 12 e-mails about the timing?
13 MS. CURRAN: Judge Young, he is on the 14 list.
15 JUDGE YOUNG: Okay, good.
16 THE COURT REPORTER: Please identify 17 yourself.
18 MS. CURRAN: Oh, this is Diane Curran.
19 JUDGE YOUNG: And this was Judge Young.
20 MR. LEWIS: Ms. Hollis?
21 MS. HOLLIS: Yes.
22 MR. LEWIS: This is David Lewis. Just to 23 let you know, the only thing that Entergy has filed so 24 far in this proceeding are my notice of appearance and 25 Paul Gaukler's notice of appearance.
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%I--*j .....
36 1 MS. HOLLIS: Okay. Would you be good 2 enough to just shoot that to me?
3 MR. LEWIS: I will. But there aren't any 4 substantive responses yet from us, so --
5 MS. HOLLIS: All right. Thanks, David.
6 MR. LEWIS: Sure. And, Judge Young, this 7 just raised another point. In one of the other 8 proceedings you had requested that when we file 9 pleadings it would be helpful if we filed both -- if 10 we file in PDF, also provide either a Word or a 11 WordPerfect version. Is that still your preference at 12 this proceeding, too?
13 JUDGE YOUNG: That's helpful, yes, it is.
14 It's easy -- if we should want to lift any portions 15 from long parts of a pleading, it is helpful to have 16 it in a text, some kind of text version, Word or 17 WordPerfect.
18 MR. LEWIS: I can do that.
19 JUDGE YOUNG: And we will try to -- I will 20 try to remember to issue orders in WordPerfect and 21 then convert it to Word. For page number references, 22 the best thing to do is to rely on the copies that are 23 in the NRC's ADAMS database, which is the document 24 management system. And if you're not familiar with 25 ADAMS, you should go to the NRC website.
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37 1 I believe you can click on -- I can't 2 remember the heading -- electronic reading room, and 3 then below that there's an electronic hearing docket, 4 and then, once you get into the electronic hearing 5 docket, go to the general as opposed to the high-level 6 waste repository part of the electronic hearing 7 docket.
8 Once you sign into that, then you can 9 click on the Pilgrim proceeding. And as SECY gets 10 documents filed with it -- SECY is short for Office of 11 the Secretary. As documents are filed with the Office 12 of the Secretary, they are then, within a few days 13 after that, placed in the ADAMS system, and usually 14 those are PDF, so they will have the actual page 15 numbers. Otherwise, we get inaccurate page number 16 references and filings and that makes it a little 17 confusing from time to time.
18 One last question that I had -- I seem to 19 recall that when we got the original petition from the 20 Office of the Secretary, there was an indication that 21 there were some hard copy exhibits that were not filed 22 electronically. And if that's the case, we won't have 23 those, because I think the only ones we got were the 24 ones that were filed electronically.
25 MS. CURRAN: This is Diane Curran. Judge NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W.
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-3
38 1 Young, yes, that's right. There were two exhibits, 3 2 and 4, to the Attorney General's hearing request that 3 we weren't able to convert them to PDF files. At this 4 point, I think -- I'm assuming they're in the public 5 document room. Would you like me to send them to you 6 electronically, or figure out a way to do it?
7 JUDGE YOUNG: If you can. I mean, I don't 8 mind looking in the -- in the ADAMS system, but -- oh, 9 I'm told we do have those. Never mind.
10 MS. CURRAN: Okay.
11 JUDGE YOUNG: Okay. What were the 12 documents? Just tell me the names of them.
13 MS. CURRAN: One was NUREG -- I think it 14 was 1738, some excerpts, and the other was a National 15 Academy of Sciences report, the whole thing.
16 JUDGE TRIKOUROS: Is it the whole thing, 17 or is it the non-proprietary --
18 MS. CURRAN: Oh, right. The whole version 19 -- the whole copy of the non-proprietary version. I 20 didn't send out the classified version, no.
21 JUDGE YOUNG: Okay, good.
22 MS. BARTLETT: Judge Young, this is Molly 23 Bartlett for Pilgrim Watch. I don't think our 24 exhibits were ever sent electronically.
25 MS. CURRAN: Oh, okay. Well --
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39 1 MS. BARTLETT: That may be what you're 2 thinking.
3 MS. CURRAN: I'll get those to you, Molly.
4 JUDGE YOUNG: And you're saying that some 5 of Pilgrim Watch's exhibits --
6 MS. BARTLETT: Pilgrim Watch's exhibits 7 were sent hard copy only.
8 JUDGE YOUNG: Do you have additional 9 copies of those, or -- I tell you what, if we can't 10 find them in ADAMS, we will --
11 MS. BARTLETT: We can send them out to 12 anyone who still needs them.
13 JUDGE YOUNG: We'll accept CDs as well.
14 But if you have -- if you already have a document in 15 PDF and you can attach it to an e-mail, that would be 16 helpful, I mean, if you have it and there's no problem 17 sending it.
18 MS. BARTLETT: Yes.
19 JUDGE YOUNG: Okay. All right. Is there 20 anything else that we've overlooked?
21 MS. UTTAL: Nothing from the staff, Your 22 Honor.
23 JUDGE YOUNG: Okay. I'll get out an order 24 in the next couple days memorializing all that we've 25 done today, and later on we will notify you of our NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W.
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40 1 hearing location, specific times, and so forth, and 2 whether we will be doing any -- hearing any limited 3 appearance statements at the -- on the same dates as 4 the oral argument.
5 . Can you think of anything --
6 JUDGE COLE: Well, I guess -- this is 7 Judge Cole. One consideration is that Plymouth -- I 8 mean, Boston might not be the ideal location for a 9 limited appearance statement, since most of the local 10 people are considerably farther away. But we'll take 11 that into consideration.
12 JUDGE YOUNG: Does either Plymouth Watch 13 or Ms. Hollis for the Town of Plymouth want to speak 14 to that?
15 MS. HOLLIS: Well, ideally, from the --
16 from Plymouth's standpoint, it's to involve as many 17 people from Plymouth and encourage as much 18 participation as possible. It's much easier for many 19 of our people to come if it's closer to their home, 20 obviously.
21 MS. LAMPERT: This is Mary Lampert from 22 Pilgrim Watch. If it's in the afternoon, the majority 23 of the people nowadays do work, and that certainly 24 affects participation. Whereas, people do have time 25 to read the press, etcetera, and I think Boston NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVENUE, N.W.
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41 1 coverage and the capability of statewide public 2 interest groups such as MassPIRG, Clean Water Action, 3 Positions of Social Responsibility, all of whom have 4 expressed an interest, would find it easier, really, 5 to be in Boston.
6 JUDGE YOUNG: Well, we'll --
7 MS. LAMPERT: But either way. I don't 8 have a strong feeling one way or the other.
9 JUDGE YOUNG: We'll look to where we can 10 find a good location for the hearing. And if the 11 parties have any suggestions on that, feel free to 12 make those, sooner rather than later.
13 PARTICIPANT: Like now maybe?
14 MS. HOLLIS: The spot in Plymouth, the 15 hotel that we had it -- that we have in Plymouth was 16 really an outstanding venue for the scoping meeting.
17 JUDGE YOUNG: What's the name of it?
18 MS. HOLLIS: I believe it is the Radisson.
19 Yes, it's the Radisson. And it's very well located, 20 very nice facility.
21 MS. LAMPERT: But do you think that the 22 week after July 4th there will be any rooms available, 23 it being a tourist town?
24 MS. HOLLIS: Maybe they will be cleared 25 out after July 4th.
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42 1 MS. LAMPERT: That's possible.
2 JUDGE YOUNG: Well, we'll have our people 3 look into it and notify you, and look forward to 4 seeing everyone, hopefully including you, Ms. Hollis, 5 but, if not, anyone else on behalf of the town, or 6 your written comments, on July 6th and 7th. And we 7 appreciate your working with us to try to get an early 8 date for this.
9 If there's nothing else, then, that would 10 conclude this conference. If the Court Reporter wants 11 us to stay on the line to address any spelling issues, 12 we'll be glad to do that. And look forward to talking 13 with you at a later time.
14 (Whereupon, at 10:56 a.m., the 15 proceedings in the foregoing matter were 16 adjourned.)
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CERTIFICATE This is to certify that the attached proceedings before the United States Nuclear Regulatory Commission in the matter of:
Name of Proceeding: Pilgrim Nuclear Power Station Pre-Hearing Conference Docket Number: 50-293-LR Location: via teleconference were held as herein appears, and that this is the original transcript thereof for the file of the United States Nuclear Regulatory Commission taken by me and, thereafter reduced to typewriting by me or under the direction of the court reporting company, and that the transcript is a true and accurate record of the foregoing proceedings.
Charles Morrison Official Reporter Neal R. Gross & Co., Inc.
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(202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com