ML063200503

Pilgrim - Entergy'S Opposition to Pilgrim Watch'S Appeal of LBP-06-23

ML063200503
Person / Time
Site:	Pilgrim
Issue date:	11/10/2006
From:	Gaukler P Entergy Nuclear Generation Co, Entergy Nuclear Operations, Pillsbury, Winthrop, Shaw, Pittman, LLP
To:	NRC/OCM
Giitter R
References
50-293-LR, ASLBP 06-848-02-LR, LBP-06-23, RAS 12526
Download: ML063200503 (5)

Text

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November 10, 2006 DOCKETED UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION November 10, 2006 (4:41pm)

Before the Commission OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF In the Matter of )

)

Entergy Nuclear Generation Company and ) Docket No. 50-293-LR Entergy Nuclear Operations, Inc. ) ASLBP No. 06-848-02-LR

)

(Pilgrim Nuclear Power Station) )

ENTERGY'S OPPOSITION TO PILGRIM WATCH'S APPEAL OF LBP-06-23 Entergy Nuclear Generation Company and Entergy Nuclear Operations, Inc. (hereinafter collectively referred to as "Entergy") hereby oppose "Pilgrim Watch Brief on Appeal of LBP 231 dated October 31, 2006, filed in support of the "Notice of Appeal of LBP-06-23 by Pilgrim Watch" dated October 31, 2006, in which Pilgrim Watch seeks to appeal under 10 C.F.R. § 2.311 the Atomic Safety and Licensing Board's dismissal of Pilgrim Watch Contention 4, which al-leged the need for Entergy's Environmental Report for relicensing the Pilgrim Nuclear Power Plant to address severe spent fuel pool accidents. Pilgrim Watch's appeal must be denied be-cause (1) any appeal of the Board's decision under 10 C.F.R. § 2.311 was due October 26, 2006 (ten days after the electronic service of the decision),2 and (2) section 2.311 would only allow Memorandum and Order (Ruling on Standing and Contentions of Petitioners Massachusetts Attorney General and Pilgrim Watch), LBP-06-23, 64 N.R.C. (Oct. 16, 2006) ("LBP-06-23").

2 Pilgrim Watch provides no explanation for its untimely appeal. As set forth in Entergy's Brief in Opposition to the Massachusetts Attorney General's Appeal of LBP-06-23 (Nov. 10, 2006) ("Entergy Mass AG Brief") at 7-9, the Licensing Board served its decision on October 16, 2006, the day it was issued, by electronic e-mail transmis-sion to counsel for the parties. See LBP-06-23, slip op. at 115 n. 478. Counsel for Pilgrim Watch, Molly Bart-Footnote continued on next page T~mnp/etk hEc~-Op./ S6CV-O~,

S16 C Y_ 0 2.1

Pilgrim Watch to appeal a decision that wholly denied its hearing request, which the Board's decision did not. See 10 C.F.R. §§ 2.31 l(a), (b). Because this appeal is not allowed, Entergy will not file a responsive brief unless otherwise directed by the Commission.

Respectfully Submitted, David R. Lewis Paul A. Gaukler PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, N.W.

Washington, DC 20037-1128 Tel. (202) 663-8474 Counsel for Entergy Nuclear Generation Company and Entergy Nuclear Operations, Inc.

Dated: November 10, 2006 Footnote continued from previous page lett, as well as spokeswoman for Pilgrim Watch, Mary Lampert, are both clearly included among the persons Brief upon whom the Board served its decision by electronic transmission on October 16. See Entergy Mass. AG at 8 n. 18 (setting forth a copy of the e-mail). Neither Pilgrim Watch's Notice of Appeal nor its Brief on Appeal 16, suggests that Pilgrim Watch did not timely receive the Board's decision by electronic transmission on October 2006. Accordingly, Pilgrim Watch's appeal is untimely, and the failure to meet a filing deadline provides a suffi-cient basis to deny the requested relief. See, e Private Fuel Storage, L.L.C. (Independent Fuel Storage Installa-tion), LBP-00-28, 52 N.R.C. 226, 234-39 (2000), aff'd CLI-01-1, 53 N.R.C. 1 (2001).

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Commission In the Matter of )

)

Entergy Nuclear Generation Company and ) Docket No. 50-293-LR Entergy Nuclear Operations, Inc. ) ASLBP No. 06-848-02-LR

)

(Pilgrim Nuclear Power Station) )

CERTIFICATE OF SERVICE I hereby certify that copies of"Entergy's Opposition to Pilgrim Watch's Appeal of LBP-06-23" dated November 10, 2006, were served on the persons listed below by deposit in the U.S.

Mail, first class, postage prepaid, and where indicated by an asterisk by electronic mail, this 10h day of November, 2006.

• Dale Klein, Chairman *Jeffrey S. Merrifield, Commissioner U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mail Stop: 0-16 G15 Mail Stop: 0-16 Cl One White Flint North One White Flint North 11555 Rockville Pike 11555 Rockville Pike Rockville, MD 20852-2738 Rockville, MD 20852-2738 e-mail: chairman(@nrc.gov e-mail: cmrmerrifield(@nrc.gov

• Edward McGaffigan, Jr., Commissioner *Gregory B. Jaczko, Commissioner U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mail Stop: 0-16 G15 Mail Stop: 0-16 C1 One White Flint North One White Flint North 11555 Rockville Pike 11555 Rockville Pike Rockville, MD 2,0852-2738 Rockville, MD 20852-2738 e-mail: Imrmcgaffigan(nrc.gov e-mail: cnirjaczko(anrc.gov 400478133v0

• Peter B. Lyons, Commissioner *Administrative Judge U.S. Nuclear Regulatory Commission Ann Marshall Young, Esq., Chair Mail Stop: 0-16 Cl Atomic Safety and Licensing Board One White Flint North Mail Stop T-3 F23 11555 Rockville Pike U.S. Nuclear Regulatory Commission Rockville, MD 20852-2738 Washington, D.C. 20555-0001 e-mail: cmrlyons@nrc.gov amy@nrc.gov

• Administrative Judge *Administrative Judge Paul B. Abramson Dr. Richard F. Cole Atomic Safety and Licensing Board Atomic Safety and Licensing Board Mail Stop T-3 F23 Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 pba(@nrc.gov rfcla@nrc.gov Office of Commission Appellate Adjudica- *Secretary tion Att'n: Rulemakings and Adjudications Staff Mail Stop 0-16 CI Mail Stop 0-16 CI U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 secy@nrc.gov, hearingdocketa,nrc.gov

• Susan L. Uttal, Esq. Atomic Safety and Licensing Board

• Marian L. Zobler, Esq. Mail Stop T-3 F23 Office of the General Counsel U.S. Nuclear Regulatory Commission Mail Stop 0-15 D21 Washington, D.C. 20555-0001 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 slu@nrc.gov; mlz@nrc.gov

• Diane Curran, Esq. *Matthew Brock, Esq.

Harmon, Curran, Spielberg &Eisenberg, LLP Assistant Attorney General 1726 M Street, N.W., Suite 600 Environmental Protection Division Washington, D.C. 20036 Office of the Attorney General dcurran@harmoncurran.com One Ashburton Place Boston, MA 02108 Matthew.brock@ago.state.ma.us 2

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• Ms. Mary Lampert *MAYt 14. b" ett, Esq.

148 Washington Street 52 Crooked Lane Duxbury, MA 02332 Duxbury, MA 02332 lampert@adelphia.net mollyhbartlett@hotmail.com

• Mr. Mark D. Sylvia *Sheila Slocum Hollis, Esq.

Town Manager Duane Morris LLP Town of Plymouth 1667 K Street, N.W.

11 Lincoln St. Suite 700 Plymouth MA, 02360 Washington, D.C. 20006 msylvia@townhall.plymouth.ma.us sshollis@duanemoris.com Paul A. Gaukler 3

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