ML063200503

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Entergys Opposition to Pilgrim Watchs 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)
v • d • e


Text

R45 le November 10, 2006 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Commission DOCKETED USNRC November 10, 2006 (4:41pm)

OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF In the Matter of

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Entergy Nuclear Generation Company and )

Entergy Nuclear Operations, Inc.

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Docket No. 50-293-LR ASLBP No. 06-848-02-LR (Pilgrim Nuclear Power Station)

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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 2

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").

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 upon whom the Board served its decision by electronic transmission on October 16. See Entergy Mass. AG Brief at 8 n. 18 (setting forth a copy of the e-mail). Neither Pilgrim Watch's Notice of Appeal nor its Brief on Appeal suggests that Pilgrim Watch did not timely receive the Board's decision by electronic transmission on October 16, 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

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Entergy Nuclear Generation Company and )

Entergy Nuclear Operations, Inc.

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Docket No. 50-293-LR ASLBP No. 06-848-02-LR (Pilgrim Nuclear Power Station)

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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 U.S. Nuclear Regulatory Commission Mail Stop: 0-16 G15 One White Flint North 11555 Rockville Pike Rockville, MD 20852-2738 e-mail: chairman(@nrc.gov
  • Edward McGaffigan, Jr., Commissioner U.S. Nuclear Regulatory Commission Mail Stop: 0-16 G15 One White Flint North 11555 Rockville Pike Rockville, MD 2,0852-2738 e-mail:

Imrmcgaffigan(nrc.gov

  • Jeffrey S. Merrifield, Commissioner U.S. Nuclear Regulatory Commission Mail Stop: 0-16 Cl One White Flint North 11555 Rockville Pike Rockville, MD 20852-2738 e-mail: cmrmerrifield(@nrc.gov
  • Gregory B. Jaczko, Commissioner U.S. Nuclear Regulatory Commission Mail Stop: 0-16 C1 One White Flint North 11555 Rockville Pike Rockville, MD 20852-2738 e-mail: cnirjaczko(anrc.gov 400478133v0
  • Peter B. Lyons, Commissioner U.S. Nuclear Regulatory Commission Mail Stop: 0-16 Cl One White Flint North 11555 Rockville Pike Rockville, MD 20852-2738 e-mail: cmrlyons@nrc.gov
  • Administrative Judge Paul B. Abramson Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 pba(@nrc.gov Office of Commission Appellate Adjudica-tion Mail Stop 0-16 CI U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001
  • Susan L. Uttal, Esq.
  • Marian L. Zobler, Esq.

Office of the General Counsel Mail Stop 0-15 D21 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 slu@nrc.gov; mlz@nrc.gov

  • Diane Curran, Esq.

Harmon, Curran, Spielberg &Eisenberg, LLP 1726 M Street, N.W., Suite 600 Washington, D.C. 20036 dcurran@harmoncurran.com

  • Administrative Judge Ann Marshall Young, Esq., Chair Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 amy@nrc.gov
  • Administrative Judge Dr. Richard F. Cole Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 rfcla@nrc.gov
  • Secretary Att'n: Rulemakings and Adjudications Staff Mail Stop 0-16 CI U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 secy@nrc.gov, hearingdocketa,nrc.gov Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001
  • Matthew Brock, Esq.

Assistant Attorney General Environmental Protection Division Office of the Attorney General One Ashburton Place Boston, MA 02108 Matthew.brock@ago.state.ma.us 2

400478133vl

  • Mr. Mark D. Sylvia Town Manager Town of Plymouth 11 Lincoln St.

Plymouth MA, 02360 msylvia@townhall.plymouth.ma.us

  • MAYt
14. b" ett, Esq.

52 Crooked Lane Duxbury, MA 02332 mollyhbartlett@hotmail.com

  • Sheila Slocum Hollis, Esq.

Duane Morris LLP 1667 K Street, N.W.

Suite 700 Washington, D.C. 20006 sshollis@duanemoris.com Paul A. Gaukler 3

400478133v0

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