ML063480375
| ML063480375 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 12/08/2006 |
| From: | Gaukler P Entergy Nuclear Generation Co, Entergy Nuclear Operations, Pillsbury, Winthrop, Shaw, Pittman, LLP |
| To: | Atomic Safety and Licensing Board Panel |
| Giitter R | |
| References | |
| 05-293-LR, ASLBP 06-848-02-LR, RAS 12676 | |
| Download: ML063480375 (5) | |
Text
December 8, 2006 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DOCKETED USNRC Before the Atomic Safety and Licensing Board December 8, 2006 (4:44pm)
OFFICE OF SECRETARY RULEMAKINGS AND In the Matter of ADJUDICATIONS STAFF
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Entergy Nuclear Generation Company and )
Docket No. 50-293-LR Entergy Nuclear Operations, Inc.
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ASLBP No. 06-848-02-LR
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(Pilgrim Nuclear Power Station)
)
ENTERGY'S COMMENTS ON PROPOSED SCHEDULE As requested by the Atomic Safety and Licensing Board ("Licensing Board" or "Board")
in its Order of November 29, 2006,1 Entergy Nuclear Generation Company and Entergy Nuclear Operations, Inc. ("Entergy") hereby file these comments regarding "(a) potential dates for a site visit and any further limited appearance sessions, and (b) any other matters regarding the schedule at this point." Order at 2. Entergy would suggest that any site visit desired to be held by the Board be undertaken in the spring ("g., April). With regard to limited appearance sessions, Entergy does not believe that additional limited appearance sessions are necessary since the Board has already held such a session in conjunction with the pre-hearing conference on the petitions to intervene. If, however, the Board does decide to hold another limited appearance session, the session should be held in conjunction with the hearing as is the typical process.
Also, on another matter regarding the schedule, counsel for Entergy has conferred with the towns of Plymouth and Duxbury on how the disclosure provisions in 10 C.F.R. § 2.336 Order (Regarding Schedule for Proceeding and Related Matters) (Nov. 29, 2006) ("Order").
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should apply to the two towns, and has agreed with the two towns on the following reciprocal arrangement for disclosures between Entergy and the towns:
Plymouth and Duxbury would not be required to make the disclosures specified in 10 C.F.R. § 2.336 unless and until they decide that they are going to submit testimony advocating a position on one of the contentions (or unless they are otherwise granted party status).
If Plymouth or Duxbury decides that it will participate by submitting testimony on a Contention, it will 30 days prior to filing such testimony provide the disclosure specified in 10 C.F.R. § 2.336(a)(1) (identifying the testifying expert and bases for the expert's opinion), and include any specific documents upon which the expert witness will rely, but would not have to provide any broader disclosures (i.e. it would not have to attempt to disclose all documents relevant to the admitted contentions).
Entergy in turn will serve Plymouth and Duxbury with copies of its written disclosures (the pleadings served on the Board and parties), which will include the identification of witnesses and bases for their opinion, but will not provide documents that are provided separately on compact disks to the parties (Pilgrim Watch and the NRC Staff).
This arrangement does not place the burden of document disclosures imposed on "parties" under 10 C.F.R. § 2.336 on the towns but still provides Entergy with the necessary information to prepare its case in the event either Plymouth or Duxbury do decide to present testimony at the hearing. Accordingly, Entergy and the towns of Plymouth and Duxbury request that the above arrangement regarding the towns' and Entergy's reciprocal disclosure obligations be incorporated into the Board's scheduling order for the Pilgrim license renewal proceeding.
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Respectfully Submitted, David R. Lewis Paul A. Gaukler PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, N.W.
Washington, D.C. 20037-1128 Tel. (202) 663-8474 Counsel for Entergy Nuclear Generation Company, and Entergy Nuclear Operations, Inc.
Dated: December 8, 2006 3
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
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Entergy Nuclear Generation Company and )
Entergy Nuclear Operations, Inc.
))
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 Comments on Proposed Schedule," dated December 8, 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 8th day of December, 2006.
- 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(anrc. 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 Adjudication Mail Stop 0-16 Cl U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001
- 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 rfc I @nrc.gov
- Secretary Att'n: Rulemakings and Adjudications Staff Mail Stop 0-16 Cl U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 secy@nrc.gov, hearingdocketVnrc.gov Atomic Safety and Licensing Board Mail Stop T-3 F23 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
- Ms. Mary Lampert 148 Washington Street Duxbury, MA 02332
.ampert(&adelphia.net
- Sheila Slocum Hollis, Esq.
Duane Morris LLP 1667 K Street, N.W.
Suite 700 Washington, D.C. 20006 sshollis@duanemorris.com
- Chief Kevin M. Nord Fire Chief and Director, Duxbury Emergency Management Agency 688 Tremont Street P.O. Box 2824 Duxbury, MA 02331 nord@town.duxbury.ma.us
- Molly H. Bartlett, Esq.
52 Crooked Lane Duxbury, MA 02332 mollyhbartlett(&hotmail.com
- Mr. Mark D. Sylvia Town Manager Town of Plymouth 11 Lincoln St.
Plymouth MA, 02360 msylvia@townhall.plymouth.ma.us
- Richard R. MacDonald Town Manager 878 Tremont Street Duxbury, MA 02332 macdonalda~town.duxburv.ma.us Paul A. Gaukler I