ML070660133

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Comments (9) of Diane Curran and Matthew Brock on Behalf of Massachusetts Attorney General Martha Coakley Opposing Draft Supplemental 29 to Generic EIS for License Renewal of Pilgrim Nuclear Power Plant
ML070660133
Person / Time
Site: Pilgrim
Issue date: 02/28/2007
From: Brock M, Curran D
Harmon, Curran, Harmon, Curran, Spielberg & Eisenberg, LLP, State of MA, Office of the Attorney General
To: Lesar M
NRC/ADM/DAS/RDB
References
71FR75280 00009
Download: ML070660133 (5)


Text

Page 1 ot I Doris Mendiola -Massachusetts Attorney General Comments on Draft EIS From: "Diane Curran" <dcurran@harmoncurran.com>

To: <PilgrimEIS

@nrc.gov>

7'/A g'-Date: 02/28/2007 10:46 AM

Subject:

Massachusetts Attorney General Comments on Draft EIS CC: <matthew.brock@ago.state.ma.us>, "Diane Curran" <dcurran@harmoncurran.com>

Dear Madam/Sir:

Attached please find the Massachusetts Attorney General's comments on the Draft Supplemental GElS for the Pilgrim nuclear power plant license renewal application.

Please acknowledge receipt of this message.Thank you very much.Sincerely, Diane Curran 717 77T1'JJ'JJ C-7r Cr)(66' L2Y/ e ,<,, /",/L5 file://C:\temp\GW 10000 I.HTM 02/28/2007 Ii cAtemp\GWJ0001 4.TMP Page 111 I c:\tem~ p\W001.M Pge f11"" Mail Envelope Properties (45E5A3C2.A97

7 51863)

Subject:

Creation Date From: Created By: Massachusetts Attorney General Comments on Draft EIS 02/28/2007 10:46:17 AM"Diane Curran" <dcun'an @harmoncurran.com>

dcurran @harmoncurran.com Recipients nrc.gov TWGWPO02.HQGWDO01 PilgrimEIS ago.state.ma.us matthew.brock CC Post Office TWGWPO02.HQGWDOO1 Files MESSAGE TEXT.htm 1266 DC Mass AG comments Mime.822 Route nrc.gov ago.state.ma.us Size Da 297 02/3022 on Draft EIS 2-28-07.pdf 29589 te & Time 28/2007 10:46:17 AM 17452 Options Expiration Date: Priority: ReplyRequested:

Return Notification:

Concealed

Subject:

Security: None Standard No None No Standard HARMON, CURRAN, SPIELBERG EISENBERG, LLP 1726 M Street, NW, Suite 600 Washington, DC 20036 (202) 328-3500 (202) 328-6918 fax February 28, 2007 By first-class mail and e-mail to: Michael Lesar Chief, Rules and Directives Branch Division of Administrative Services Office of Administration, Room T-6D59 Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2746 PilgrimEIS( ,nrc.gov

SUBJECT:

Comments on Draft Supplement 29 to Generic EIS for License Renewal of Nuclear Plants, Pilgrim Nuclear Power Plant

Dear Mr. Lesar:

On behalf of Massachusetts Attorney General Martha Coakley, we are writing to submit comments on Draft Supplement 29 to the Generic Environmental Impact Statement for License Renewal of Nuclear Plants (December 2006) ("Draft Supplemental GELS"), which purports to evaluate the environmental impacts of renewing the operating license for the Pilgrim nuclear power plant. The Draft Supplemental GEIS is inadequate to satisfy the requirements of the National Environmental Policy Act ("NEPA") or NRC regulations for the implementation NEPA, because it fails to address new and significant information regarding the potentially severe adverse environmental impacts of continued high-density pool storage of spent fuel at the Pilgrim nuclear power plant.We hereby renew the Attorney General's June 15, 2006, comments on the scope of the Draft Supplemental GETS, including our previous request that you consider the technical information contained in the Hearing Request which was attached to our Scoping comments.'

Our Scoping Comments were summarily dismissed in the NRC Staff's September 26, 2006, scoping decision and ignored in the Draft Supplemental GEIS.2 Letter from Diane Curran and Matthew Brock to Chief, NRC Rules and Directives Branch (June 15, 2006) ("Scoping Comments"), enclosing Massachusetts Attorney General's Request for a Hearing and Petition to Intervene With Respect to Entergy Nuclear Operations Inc.'s Application for Renewal of the Pilgrim Nuclear Plant Operating License, etc. (May 26, 2006) ("Hearing Request").

The Attorney General is Michael Lesar Chief, Rules and Directives Branch February 28, 2007 Page 2 As stated in our Scoping Comments, the Supplemental GEIS for the Pilgrim nuclear power plant should-address the environmental impacts of a severe accident in the Pilgrim fuel pool, including accidents caused by equipment failures, natural disasters, and intentional malicious acts. The Supplemental GEIS should also consider a reasonable array of alternatives for avoiding or mitigating the impacts of a severe pool fire, including combined low-density pool storage and dry storage of spent fuel.3 In addition, the Draft Supplemental GEIS should incorporate the Commission's decision to consider the issues raised by the Attorney General's Scoping Comments and Hearing Request in a generic rulemaking proceeding.

4 The Commission initiated the rulemaking proceeding in November of 2006 by publishing the Attorney General's August 29, 2006 rulemaking petition in the Federal Register for public comment. It is therefore premature for the Draft Supplement GEIS to reach any conclusions regarding the environmental impacts of high-density pool storage of spent fuel at the Pilgrim nuclear power plant.Finally, the Staff should confirm that under NEPA, the Staff is precluded from issuing a permit for renewed operation of the Pilgrim nuclear power plant unless and until the results of the rulemaking proceeding have been taken into account in the Pilgrim license renewal case.not re-submitting the Scoping Comments or the Hearing Request, because the NRC already has copies.2 Letter from Rani Franovich, Branch Chief, Environmental Branch B, to Michael R. Kansler, President of Entergy Nuclear Operations, Inc. ("Entergy"), attachment at 4-45; Draft Supplemental GEIS, Section 4.7.3 In addition, we wish to inform you that on January 16, 2007, the U.S. Supreme Court denied a petition for review of a decision by the U.S. Court of Appeals for the Ninth Circuit that was cited in our Scoping Comments, San Luis Obispo Mothers for Peace v. Nuclear Regulatory Commission, 449 F.3d 1016 (9 th Cir. 2007). The decision is reported at 2007 U.S. LEXIS 1028.4 Entergy Nuclear Vermont Yankee L.L. C. and Entergy Nuclear Operations, Inc.(Vermont Yankee Nuclear Power Station) and Entergy Nuclear Generation Company and Entergy Nuclear Operations, Inc. (Pilgrim Nuclear Power Station), CLI-07-03, _NRC ,slip op. at 8 (January 22, 2007).See Notice of Petition for Rulemaking, Docket No. PRM-51-10, 71 Fed. Reg.64,169 (November 1, 2006).

Michael Lesar Chief, Rules and Directives Branch February 28, 2007 Page 3 Sincerely,/s/Diane Curran/s/Matthew Brock, Assistant Attorney General Environmental Protection Division Office of the Attorney General One Ashburton Place Boston, MA 02108