ML063190311

Pilgrim - Notice of the Town of Plymouth of Participation in Certain Contentions

ML063190311
Person / Time
Site:	Pilgrim
Issue date:	11/06/2006
From:	Hollis S Duane Morris, LLP, Town of Plymouth, MA
To:	Atomic Safety and Licensing Board Panel
Giitter R
References
50-293-LR, ASLBP 06-848-02-LR, RAS 12511
Download: ML063190311 (6)

Text

ý"5 11ý511 DOCKETED USNRC November 6, 2006 (4:56pm)

UNITED STATES OF AMERICA OFFICE OF SECRETARY BEFORE THE RULEMAKINGS AND NUCLEAR REGULATORY COMMISSION ADJUDICATIONS STAFF ATOMIC SAFETY AND LICENSING BOARD PANEL

)

In the Matter of )

)

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

) ASLBP No. 06-848-02-LR Regarding the Renewal of )

Facility Operating License No. )

DPR-35 for a 20-Year Period ) November 6, 2006 NOTICE OF THE TOWN OF PLYMOUTH OF PARTICIPATION IN CERTAIN CONTENTIONS The Town of Plymouth, Plymouth County Massachusetts (the "Town") hereby notifies the Atomic Safety and Licensing Board ("the Board") of the Nuclear Regulatory Commission

("NRC") of its intent to participate as an "interested local governmental body," pursuant to 10 C.F.R. § 2.315(c), in the hearing granted by the Board 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"). Plymouth will participate with respect to 1

contentions determined to be admissible by the Board in its order.

The Town's participation regarding the admissible contentions is necessary to protect its interests in the hearing.

See "Memorandum and Order, Ruling on Standing and Contentions of Petitioners Massachusetts Attorney General and Pilgrim Watch," issued October 16, 2006.

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BACKGROUND AND EXECUTIVE

SUMMARY

On October 16, 2006, the Board issued an order on Petitions to Intervene and Contentions of the Massachusetts Attorney General ("Mass. AG") and Pilgrim Watch ("PW").

The Board ruled that two of PW's five contentions are admissible at hearing. (See discussion below.)

The Board found that both the Mass. AG and PW have standing, but only PW presented admissible contentions. Because the Board found that the Mass. AG did not present admissible contentions, it was not granted party status. The Board stated that the Mass. AG may file another petition, depending on developments in its Petition for Rulemaking to amend the NRC's regulations regarding the Generic Environmental Impact Statement or any other developments that have bearing on its contention. The Board ruled that the Town may participate as an interested local governmental body under 10 C.F.R. § 2.315(c), and the Town was required to notify the Board as to which contentions in which it would participate. It is the Town's intent to participate with respect to all admissible contentions, as set forth below:

1. The Aging Management program proposed in the Pilgrim Application for license renewal is inadequate with regard to aging management of buried pipes and tanks that contain radioactively contaminated water, because inter alia, it does not provide for monitoring wells that would detect leakage.

2. Applicant's Severe Accident Mitigation Alternatives ("SAMA") analysis for the Pilgrim plant is deficient in that the input data concerning (1) evacuation times, (2) economic consequences, and (3) meteorological patterns are incorrect, resulting in incorrect conclusions about the costs versus benefits of possible mitigation alternatives thus requiring further analysis.

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DISCUSSION A. PW Contention No. 1-A2ing Management Plan's Leak Inspection Provisions PW asserted that the Aging Management Plan does not adequately provide for inspection of the integrity of buried pipes and tanks and monitoring for leaks of radioactive water. PW argued that Entergy should use monitoring wells for early detection of leaks.

The Board found this contention generally admissible. The contention was found to be within the scope of the proceeding, with the caveat that not all pipes and tanks are part of the aging management plan, and therefore not all relevant issues will be open to discussion at the hearing. Additionally, the Board allowed the contention based on its findings that PW adequately supported the contention and that it is "material" to the proceeding, as required by NRC regulations.

B. PW Contention No. 3-Radiological and Economic Consequences of a Severe Accident PW contended that Entergy's Environmental Report is inadequate because the SAMA analysis fails to take into account the true radiological and economic consequences of a severe accident. PW asserted that Entergy's use of probabilistic modeling underestimates the effects of a severe accident and that the data used in the modeling is inaccurate.

The Board found this contention to be generally admissible. The Board deemed the SAMA to be within the scope of the proceeding, found that PW offered a sufficient explanation of the basis for its contention, and found that PW presented a genuine dispute on a material issue of law or fact. The Board stated that it would allow PW's contention because PW has challenged the data Entergy used in its SAMA analysis, and not the emergency plan itself. The Board stated that the contention is admissible under National Environmental Policy Act because the data at issue is used to calculate health and safety consequences of a severe accident, which is an environmental issue.

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CONCLUSION==

For the reasons previously stated by Plymouth in these proceedings, the Town will participate as an affected local community with respect to the contentions deemed admissible in these proceedings.

Respectfully submitted, QýLJIL-J. A,"L~ LvC Sheila S. Hollis, Esq.

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, DC 20006-1608 Tel: (508) 747-1620 x104 Tel: (202) 776-7810 Fax: (508) 830-4140 Fax: (202) 776-7801 msylviagtownhall.plymouth.ma.us sshollisgduanemorris.com 4

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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.

Office of Commission Appellate Administrative Judge Adjudication Ann Marshall Young, Chair U.S. Nuclear Regulatory Commission Mail Stop T-3 F23 Washington, DC 20555-0001 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Administrative Judge Administrative Judge Richard F. Cole Paul B. Abramson Mail Stop T-3 F23 Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T -3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, DC 20555-0001 Dianne Curran, Esq. Susan L. Uttal, Esq.

Harmon Curran, Spielberg & Eisenberg, L.L.P. Marian L. Zobler, Esq.

1726 M Street, N.W., Suite 600 Mail Stop 15 D21 Washington, D.C. 20036 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 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, MVA 02108 Jackson, MS 39213 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 DM2\718629.2

Mary E. Lampert Mark D. Sylvia Director Town Manager Pilgrim Watch Town Manager's Office 148 Washington Street 11 Lincoln Street Duxbury, MA 02332 Plymouth, MA 02360 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 sshollisgduanemorris.com Dated: November 6, 2006 2

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