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Category:Legal-Motion
MONTHYEARML20079J1802020-03-19019 March 2020
Unopposed Motion of the Commonwealth of Massachusetts to Correct a Previously Filed Declaration
ML20035C7562020-01-30030 January 2020
1-30-20 Entergy Motion to Intervene (DC Cir.)(Case No. 20-1019)
ML20031D4332020-01-29029 January 2020
1-29-20 Reply to Response to Motion to Dismiss (DC Cir.)(Case No. 19-1198)
ML19347D4152019-12-13013 December 2019
Motion of the Commonwealth of Massachusetts to Amend Its Petition with New Information
ML19303B4252019-10-28028 October 2019
Transport Room (Motion for Stay Pending Appellate Review)(Dc Cir.)(Case No. 19-1198) 10-28-19
ML19295E6852019-10-16016 October 2019
Entergy Motion to Intervene (DC Cir.)(Case No. 19-1198) 10-16-19
ML19247E5092019-09-0404 September 2019
Motion of the Commonwealth of Massachusetts for a Twenty-Two Minute Enlargement of Time to File Its Stay Application and Supporting Appendix
ML19247B4312019-09-0303 September 2019
Application of the Commonwealth of Massachusetts for a Stay of the Effectiveness of the NRC Staff Actions Approving the License Transfer Application and Request for an Exemption to Use the Decommissioning Trust Fund for Non-Decommissioning
ML19246A0322019-09-0303 September 2019
Watch Motion to Stay Staff Order of August 22, 2019 Granting Exemption
ML19246A0332019-09-0303 September 2019
Watch Motion Under 10 C.F.R 2.1327 to Stay Staff Order of August 22, 2019
ML19230A0212019-08-18018 August 2019
Reply of the Commonwealth of Massachusetts in Support of Its Motion for an Enlargement of Time to File an Application to Stay a Nuclear Regulatory Commission Staff Order Approving the License Transfer Application
ML19227A0682019-08-15015 August 2019
Emergency Motion of the Commonwealth of Massachusetts for Clarification of the Commission'S August 14, 2019 Memorandum and Order
ML19227A3982019-08-15015 August 2019
Emergency Motion of the Commonwealth of Massachusetts for an Enlargement of Time to File an Application to Stay a Nuclear Regulatory Commission Staff Order Approving the License Transfer Application
ML19213A3132019-08-0101 August 2019
Motion of the Commonwealth of Massachusetts to Stay Proceeding to Complete Settlement Negotiations
ML19129A3732019-05-0909 May 2019
Commonwealth of Massachusetts' Reply in Support of Motion to Supplement Its Petition with New Information
ML19129A4732019-05-0909 May 2019
Watch Motion to Supplement Its Motion to Intervene and Request for Hearing, Biodiversity (05.09.19)
ML19114A5192019-04-24024 April 2019
Motion of the Commonwealth of Massachusetts to Supplement Its Petition with New Information
ML19091A1892019-04-0101 April 2019
Watch Reply to Applicant'S Answer Opposing Pilgrim Watch Petition for Leave to Intervene and Hearing Request
ML19077A2092019-03-18018 March 2019
Notices of Appearance of David R. Lewis, Anne R. Leidich, and Susan H. Raimo
ML19077A2762019-03-18018 March 2019
Unopposed Motion of the Commonwealth of Massachusetts for an Enlargement of Time to File Its Reply
ML12257A3392012-09-13013 September 2012
Filed Copy - Joint Motion to Amend Briefing Schedule - Massachusetts V NRC - 1st Cir 12-1404 and 12-1772
ML12195A0802012-07-13013 July 2012
Notice of Appearance for Joseph A. Lindell for ESA Roseate Term
ML12157A1872012-06-0505 June 2012
Notice of Appearance from Joseph A. Lindell on Entergy Nuclear Operations, Inc., (Pilgrim)
ML12137A2582012-05-16016 May 2012
Notice of Appearance for Joseph A. Lindell
ML12136A5172012-05-15015 May 2012
NRC Staff'S Unopposed Motion for an Extension of Time to Respond to Jones River Watershed Association and Pilgrim Watch'S May 14, 2012, Request to Reopen, for a Hearing and to File New Contentions
ML12132A4682012-05-11011 May 2012
Motion to Strike
ML12097A2222012-04-0505 April 2012
Entergy Motion to Strike Petitioners' Affidavit and Portions of Petitioners' Reply
ML11357A2092011-12-23023 December 2011
Commonwealth of Massachusetts' Motion to Reply to NRC Staff and Entergy Oppositions to Commonwealth Appeal of LBP-11-35
ML11290A1812011-10-17017 October 2011
Commonwealth of Massachusetts Motion to Reply to NRC Staff Answer to Massachusetts Request to Stay Commission Decision on Pilgrim Watch Appeal or in the Alternative to Strike Reference to Massachusetts Expert
ML11258A0262011-09-15015 September 2011
Commonwealth of Massachusetts Amended Motion to Reply to NRC Staff and Entergy Oppositions to Commonwealth Motion to Supplement Bases to Its Contention
ML11256A3042011-09-13013 September 2011
Commonwealth of Massachusetts Motion to Reply to NRC Staff and Entergy Oppositions to Commonwealth Motion to Supplement Bases to Its Contention
ML11235B0962011-08-23023 August 2011
Applicant'S Motion for Issuance of Renewed License
ML11223A2842011-08-11011 August 2011
Commonwealth of Massachusetts Motion to Supplement Bases to Commonwealth Contention to Address NRC Task Force Report on Lessons Learned from the Radiological Accident at Fukushima
ML1115303402011-06-0202 June 2011
Commonwealth of Massachusetts' Motion to Admit Contention and, If Necessary, to Re-Open Record Regarding New and Significant Information Revealed by Fukushima Accident
ML1115303442011-06-0202 June 2011
Commonwealth of Massachusetts' Conditional Motion to Suspend Pilgrim Nuclear Power Plant License Renewal Proceeding Pending Resolution of Petition for Rulemaking to Rescind Spent Fuel Pool Exclusion Regulations
ML1113905722011-05-19019 May 2011
Commonwealth of Massachusetts Motion to Reply to Entergy'S Answer Opposing Commonwealth'S Joinder in Petition to Suspend the License Renewal Proceeding for the Pilgrim Nuclear Power Plant and Request for Additional Relief
ML1113905702011-05-19019 May 2011
Commonwealth of Massachusetts Motion to Reply to the Answers of the NRC Staff and Entergy in Opposition to the Commonwealth of Massachusetts Motion to Hold Licensing Decision in Abeyance Pending Commission Decision Weather to Suspend the Pi
ML1112203262011-05-0202 May 2011
Commonwealth of Massachusetts Motion to Hold Licensing Decision in Abeyance Pending Commission Decision Whether to Suspend the Pilgrim Proceeding to Review the Lessons of the Fukushima Accident
ML1102407012011-01-24024 January 2011
Entergy'S Motion to Strike Portions of Pilgrim Watch'S Reply to Entergy'S and the NRC Staff'S Answers Opposing Pilgrim Watch'S Request for Hearing on a New Contention
ML1101306682011-01-13013 January 2011
Entergy'S Motion in Limine to Exclude from Evidence Pilgrim Watch'S Sama Remand Pre-Filed Testimony and Exhibits
ML1100503302010-12-30030 December 2010
Entergy Request for Change in Hearing Date
ML1035004002010-12-13013 December 2010
Pilgrim Watch Request for Hearing on a New Contention: Inadequacy of Entergy'S Aging Management of Non-Environmentally Qualified (EQ) Inaccessible Cables (Splices) at Pilgrim Station
ML1032103122010-11-0404 November 2010
Pilgrim Watch Request Extension Submit Affidavits
ML1027800452010-10-0404 October 2010
NRC Staff'S Answer to Pilgrim Watch Motion Regarding ASLB Refusal to Respond to Pilgrim Watch'S Motion for Clarification
ML1027300422010-09-22022 September 2010
Pilgrim Watch Motion Regarding ASLB Refusal to Respond to Pilgrim Watch'S Motion for Clarification ASLB Order (Sept 2, 2010)
ML1025803182010-09-0909 September 2010
Pilgrim Watch Motion for Clarification ASLB Order (Sept. 02, 2010)
ML1017301822010-06-16016 June 2010
Motion Requesting Leave to File Response to Judge Paul B. Abramson Decision on Recusal Motion (June 10, 2010)
ML1015404252010-05-26026 May 2010
Pilgrim Watch Request for Permission, and Reply to NRC Staff'S Response to Pilgrim Watch Motion to Disqualify Judge Abramson
ML1014500892010-05-24024 May 2010
NRC Response to Pilgrim Watch Motion to Disqualify Judge Paul B. Abramson
ML1015404242010-05-24024 May 2010
Pilgrim Watch Request for Permission, and Reply to Entergy'S Opposition to Pilgrim Watch Motion to Disqualify Judge Abramson
2020-03-19
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Text
DOCKETED USNRC October 17, 2007 (11:04am)
OFFICE OF SECRETARY UNITED STATES OF AMERICA RULEMAKINGS AND ADJUDICATIONS STAFF NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the matter of Docket # 50-293 Entergy Corporation Pilgrim Nuclear Power Station License Renewal Application October 17, 2007 PILGRIM WATCH'S MOTION REQUESTING THAT THE ORDER ESTABLISHING THE SCHEDULE FOR THE PROCEEDINGS BE RESET TO EXTEND ALL DEADLINES FOR FILINGS AT MINIMUM THIRTY (30) DAYS Pilgrim Watch hereby requests that the Atomic Safety and Licensing Board consider resetting the schedule for the proceedings and extend all deadlines for filings at minimum thirty (30) days.
Pilgrim Watch's rationale is as follows.
I. There has been a substantial period of time between the last substantive filing on the Motions for Summary Disposition on Contentions 1 (July 6, 2007) and Contention 3 (July 29, 2007) and the ASLB's decision.
Contention 1: Entergy filed a Motion for Summary Disposition on Contention 1 on June 8, 2007; and the last filing on that motion was on July 6, 2007.
Contention 3: Entergy filed a Motion for Summary Disposition on Contention 3, May 18, 2007; and the last filing on that motion was filed on July 29, 2007.
- 2. The Order Establishing Schedule for Proceeding and Addressing Related Matters ASLBP No. 06-848-02-LR December 20, 2006 stated that: (L) June 11, 2007 -
Deadline for filing any motions for summary disposition; and. (M) June .29, 2007 -
Deadline for responses to any motions for summary disposition. The Witness list was T.erv p(afd -5c y- c q,'
scheduled for October 30 - essentially four months after the deadline set for responses.
Therefore it seemed plausible to us to expect that the ASLB originally had in mind a sizable time period to allow for preparations.
- 3. The rule appears to provide two minimum dates by which the presiding officer shall issue an order on the motions indicating whether they have been granted or denied.
Subpart L 2.1205 (a) states that, "Unless the presiding officer directs otherwise, motions for summary disposition may be submitted to the presiding officer.. .no later than forty-five days before the commencement of hearing." In this instance part (c) states that, "The presiding officer shall issue a determination on each motion for summary disposition no later that fifteen (15) days before the date scheduled for commencement of hearing." The presiding officer in this case did direct otherwise in the Order Establishing Schedule for Proceeding and Addressing Related Matters ASLBP No. 06-848-02-LR December 20, 2006 stated that T(L) June 11, 2007 - Deadline for filing any motions for summary disposition; and (M) June 29, 2007 - Deadline for responses to any motions for summary disposition. Subpart L goes on to say that, "In ruling on motions for summary disposition, the presiding officer shall apply the standards for summary disposition set forth in subpart G for this matter." Subpart G, 2.710 (e) states that, "The presiding officer shall issue an order no later than (40) days after any responses to the summary disposition motion are filed, indicating whether the motion is granted or denied, and the bases thereof." August 15, 2007 marks forty (40) days after the last filing for Contention 1 (July 6); and September 7 marks forty (40) days since the last filing on Contention 3 (July 29).
August 15 and September 7 would have allowed many months to prepare; clearly it is not reasonable to expect witnesses and the respective parties to spend time in preparation not knowing whether the motion is granted or denied.
- 4. Pilgrim's license expires in 2012. Therefore a request to extend the dates for this process at minimum 30 days does not seem burdensome.
- 5. We appreciate that for the applicant, their attorneys and the NRC legal staff that compressing time is less onerous. They have attorneys, legal assistants, staff and funds to 2
hire experts. In contrast Pilgrim Watch has no attorney, legal assistants, staff or money to hire experts; instead we rely on experts to volunteer their services. We appreciate, and we are sure that the ASLB appreciates, both their assistance and the fact that experts must work their volunteer service around their actual jobs. This necessitates providing volunteer experts ample notification to allow them to schedule their time.
- 6. Holidays: The original schedule has due dates right around the major holidays -
Hanukkah, Christmas, Kwanza, and New Years. If given enough lead time, it would be possible to plan ahead so that holidays can be enjoyed with family; however under the current schedule it will not be possible.
Respectfully submitted, Mary E. Lampert 1.48 Washington Street Duxbury, MA 02332 781-934-0389 Mary.Lampert@comcast.net 3
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the matter of Docket # 50-293 Entergy Corporation Pilgrim Nuclear Power Station License Renewal Application October 17, 2007 CERTIFICATE OF SERVICE I Hereby Certify That The Foregoing Pilgrim Watch Motion Requesting That The Order Establishing The Schedule For The Proceedings Be Reset To Extend All Deadlines For Filings At Minimum Thirty (30) Days Has Been Served This 17th Day Of October, 2007 By Electronic Mail And By U.S. Mail, First Class To Each Of The Following:
Administrative Judge Administrative Judge Ann Marshall Young, Chair Richard F. Cole Atomic Safety and Licensing Board Atomic Safety and Licensing Board Mail Stop - T-3 F23 Mail Stop -T-3-F23 US NRC US NRC Washington, DC 20555-0001 Washington, DC 20555-0001 amy@nrc.gov rfc@nrc.gov Administrative Judge Secretary of the Commission Paul B. Abramson Attn: Rulemakings and Adjudications Atomic Safety and Licensing Board Staff Mail Stop T-3 F23 Mail Stop 0-16 C I US NRC United States Nuclear Regulatory Washington, DC 20555-0001 Commission pba@nrc.gov Washington, DC 20555-0001 rfc 1@nrc.gov 4
Office of Commission Appellate Mr. Mark Sylvia Adjudication - Town Manager, Town of Plymouth Mail Stop 0-16 C1 11 Lincoln Street United States Nuclear Regulatory Plymouth MA 02360 Commission msylvia@townhall.plymouth.ma.us Washington, DC 20555-0001 Sheila Slocum Hollis, Esq.
Atomic Safety and Licensing Board Town of Plymouth MA Mail Stop T-3 F23 Duane Morris, LLP United States Nuclear Regulatory 1667 K. Street, N.W..
Commission Suite 700 Washington, DC 20555-0001 Washington, DC 20006 Susan L. Uttal, Esq. Richard R. MacDonald Marian L. Zobler, Esq. Town Manager, Town of Duxbury Office of General Counsel 878 Tremont Street Mail Stop -O-S5 D21 Duxbury, MA 02332 United States Nuclear Regulatory macdonald@town.duxbury.ma.us Commission Washington, DC 20555-0001 Fire Chief & Director DEMA, Town of Duxbury Kimberly A. Sexton, Esq. 688 Tremont Street Office of General Counsel P.O. Box 2824 Mail Stop 15 D21 Duxbury, MA 02331 United States Nuclear Regulatory nord0)town.duxburv.ma.us 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 Mary Lampert 5