ML071570380
| ML071570380 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 05/28/2007 |
| From: | Lampert M Pilgrim Watch |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-293-LR, ASLBP 06-848-02-LR, RAS 13720 | |
| Download: ML071570380 (5) | |
Text
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DOCKETED USNRC UNITED STATES OF AMERICA June 6,2007 (9:30am)
NUCLEAR REGULATORY COMMISSION OFFICE OF SECRETARY RULEMAKINGS AND Before theAtomic Safety and Licensing Board Panel ADJUDICATIONS STAFF In the Matter of
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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)
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PILGRIM WATCH'S REPLY TO ENTERGY'S OPPOSITION TO PILGRIM WATCH REQUEST TO EXTEND TIME TO RESPOND TO
SUMMARY
DISPOSITION OF PILGRIM WATCH CONTENTION 3 Pilgrim Watch hereby files our reply to Entergy's opposition to the May 22, 2007 "Request by Pilgrim Watch for Extension of Time to Reply to Entergy's Motion for Summary Disposition" of Pilgrim Watch Contention 3.
Pilgrim Watch understands that the Commission has made clear that a license applicant is "entitled to a prompt resolution of disputes" concerning its application and that extension of times are to be granted "only when warranted by unavoidable and extreme circumstances."
Pilgrim Watch's request for an extension is due to unavoidable circumstances.
Pilgrim Watch's attorney is moving permanently to Africa, shortly. The actual move came sooner than expected; proved more complicated than anticipated; and Ms. Bartlett's new job's responsibilities started earlier than expected - prior to departure. The result is that work that Pilgrim Watch and Ms. Bartlett anticipated would be done by Ms. Bartlett could not be done. At the same time, Pilgrim Watch attempted diligently to obtain a M I Cte= s1cy-C
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replacement attorney. Our budget requires that an attorney volunteer pro bono. No attorney has offered their services to date, despite a time-consuming extensive and diligent search.
Entergy argues that Mary Lampert will now be representing Pilgrim Watch going forward and thus Pilgrim Watch's request does not involve any need to obtain legal representation; and further that Ms. Lampert has been involved in this proceeding from its inception. Ms. Lampert has no legal training; and although Ms. Lampert has been involved since the inception, as Director of Pilgrim Watch, she has not performed any of the legal portions of the case. The fact that Mary Lampert will represent Pilgrim Watch pro se does not mean that' she immediately is "up to speed" on legal practices and issues.
Therefore it seems reasonable to request courtesy and flexibility.
There has been no lack of diligence, as suggested by Entergy. Pilgrim Watch has been diligent in searching for a replacement attorney and in obtaining experts - a time consuming task for an unfunded public interest group. Further, Ms Lampert has been diligent in researching the factual basis of the case.
One last point is that the license application is for 2012-2032. We are talking about a request to extend a response to a Motion for Summary Disposition from June 6 to June 29. It is hard to imagine that extending Pilgrim Watch's reply to the Motion for this short period in the month of June can really present a significant burden for Entergy. As for the Atomic Safety and Licensing Board, the fact that the Board set June 11 th as the final day for filing a Motion for Summary Disposition and June 2 9th the day for reply indicated to us that those dates would not inconvenience the board - that is our hope.
We trust that the Board will grant this request; and by doing so, the Atomic Safety and Licensing Board can find comfort that by granting both sides an adequate shot at 2
presenting their respective positions to the board that it will allow the board to make a fair determination on Entergy's Motion for Summary Disposition.
Dated: May 28, 2007 Respectfully Submitted, Pilgrim Watch 148 Washington Street Duxbury, MA 02332 Tel 781-934-0389/
marM.lampert()comcast.net 3
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION.
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of Entergy Corporation Pilgrim Nuclear Power Station License Renewal Application Docket # 50-293 May 28, 2007 CERTIFICATE OF SERVICE I hereby certify that the foregoing Pilgrim Watch Notice of Withdrawal of Molly H.
Bartlett; Notice of Appearance of Mary Elizabeth Lampert; Request by Pilgrim Watch for Extension of Time to Reply to Entergy's Motion of Summary Disposition, dated May 22, 2007 was sent by electronic mail and by U.S. Mail, first class to each of the following:
Administrative Judge Ann Marshall Young, Chair Atomic Safety and Licensing Board Mail Stop - T-3 F23 US NRC Washington, DC 20555-0001 amy@nrc.gov Administrative Judge Paul B. Abramson Atomic Safety and Licensing Board Mail Stop T-3 F23 US NRC Washington, DC 20555-0001 pba@nrc.gov Administrative Judge Richard F. Cole Atomic Safety and Licensing Board Mail Stop -T-3-F23 US NRC Washington, DC 20555-0001 rfc@nrc.gov Secretary of the Commission Attn: Rulemakings and Adjudications Staff Mail Stop 0-16 C1 United States Nuclear Regulatory Commission Washington, DC 20555-0001 rfc1@nrc.gov 4
Office of Commission Appellate Adjudication Mail Stop 0-16 Cl United States Nuclear Regulatory Cornmission Washington, DC 20555-0001 Atomic Safety and Licensing Board Mail Stop T-3 F23 United States Nuclear Regulatory Commission Washington, DC 20555-0001 Susan L. Uttal, Esq.
Marian L. Zobler, Esq.
Office of General Counsel Mail Stop 15 D21 United States Nuclear Regulatory Commission Washington, DC 20555-0001 Paul A. Gaukler, Esq.
David R. Lewis, Esq.
Pillsbury, Winthrop, Shaw, Pittman, LLP 2300 N Street, N.W.
Washington, DC 20037-1138 Mr. Mark Sylvia Town Manager, Town of Plymouth 11 Lincoln Street Plymouth MA 02360 msylvia@townhall.plymouth.ma.us Sheila Slocum Hollis, Esq.
Town of Plymouth MA Duane Morris, LLP 1667 K. Street, N.W.
Suite 700 Washington, DC 20006 Richard R. MacDonald Town Manager, Town of Duxbury 878 Tremont Street Duxbury, MA 02332 macdonald@town.duxbury.ma.us Kevin Nord Fire Chief & Director DEMA, Town of Duxbury 688 Tremont Street P.O. Box 2824 Duxbury, MA 02331 nord(ctown.duxburv.ma.us
.Mary Elizabeth Lampert May 28, 2007 Date 5