ML073180433
| ML073180433 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 11/14/2007 |
| From: | Abramson P, Cole R, Austin Young Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| 06-848-02-LR, 50-293-LR, RAS 14649 | |
| Download: ML073180433 (5) | |
Text
UNITED STATES OF AMERICA DOCKETED 11/14/07 NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD PANEL SERVED 11/14/07 Before Administrative Judges:
Ann Marshall Young, Chair Dr. Paul B. Abramson Dr. Richard F. Cole In the Matter of: Docket No. 50-293-LR ENTERGY NUCLEAR GENERATION ASLBP No. 06-848-02-LR COMPANY AND ENTERGY NUCLEAR OPERATIONS, INC.
(Pilgrim Nuclear Power Station) November 14, 2007 MEMORANDUM AND ORDER (Ruling on Pilgrim Watchs Motion to Extend Deadlines)
Pilgrim Watch requests that we extend all deadlines for the remaining filings in this matter a minimum of thirty days.1 On October 17, 2007 (also the date of the motion at issue),
we issued LBP-07-12, denying Entergys Motion for Summary Disposition of Contention 1,2 as well as an order extending the deadline for filing of final witness lists relating to Contention 1 to November 30, 2007.3 We deferred ruling on any further changes in the schedule until we received the responses of the other parties to Intervenors motion.4 Thereafter, Entergy filed a 1
Pilgrim Watchs Motion Requesting That the Order Establishing the Schedule for the Proceedings Be Reset to Extend All Deadlines for Filings at Minimum Thirty (30) Days (Oct. 17, 2007) [hereinafter Pilgrim Watch Motion].
2 Memorandum and Order (Ruling on Entergys Motion for Summary Disposition of Pilgrim Watch Contention 1, Regarding Adequacy of Aging Management Program for Buried Pipes and Tanks and Potential Need for Monitoring Wells to Supplement Program) (Oct. 17, 2007).
3 Order (Extending Deadline for Filing Witness Lists Regarding Contention 1) (Oct. 17, 2007).
4 Id. at 1-2.
motion requesting that we reconsider our denial of its motion for summary disposition,5 which we rule on today.6 Also, on October 30, 2007, we issued a ruling in which a majority of the Licensing Board granted Entergys motion for summary disposition of Contention 3.7 Pilgrim Watch in its motion refers to the above motions for summary disposition and rulings thereon, as well as to the upcoming holiday schedule and the need of the Intervenors to use volunteer services to litigate this case.8 Entergy and Staff oppose the motion, but Entergy provides an alternative proposal for resetting various dates in question.9 Entergy proposes that we revise the schedule set in an Order issued December 20, 2006,10 as follows:
- 1. That we reset the December 3, 2007, deadline for simultaneous filing of statements of position, written direct testimony and exhibits under 10 C.F.R.
§ 2.1207(a)(1), to December 21, 2007;
- 2. That we reset the December 17, 2007, deadline for simultaneous filing of rebuttal testimony and exhibits, to January 14, 200[8];
- 3. That we reset the January 7, 2008, deadline for proposed questions for judges to pose to witnesses under §2.1207(a)(3), to January 28, 2008;
- 4. That we reset the January 7, 2008, deadline for motions for cross-examination, with cross-examination plan, to January 28, 2008; 5
Entergys Motion for Reconsideration of [LBP]-07-12 (Oct. 29, 2007) [hereinafter Entergy Motion].
6 Memorandum and Order (Ruling on Entergys Motion for Reconsideraton of
[LBP]-07-12) (Nov. 14, 2007).
7 LBP-07-13, Memorandum and Order (Ruling on Motion to Dismiss Petitioners Contention 3 regarding Severe Accident Mitigation Alternatives) (Oct. 30, 2007).
8 Pilgrim Watch Motion at 1-3.
9 Entergys Answer Opposing Pilgrim Watchs Motion to Extend all Hearing Deadlines by a Minimum of At Least Thirty (30) Days (Oct. 29, 2007) [hereinafter Entergy Answer]; NRC Staff Response Opposing Pilgrim Watchs Motion to Extend All Deadlines for Filings (Oct. 29, 2007)
[hereinafter Staff Response].
10 Order (Establishing Schedule for Proceeding and Addressing Related Matters)
(Dec. 20, 2006).
- 5. That we reset the January 7, 2008, deadline for any motions in limine, to January 28, 2008;
- 6. That we reset the January 14, 2008, deadline for responses to motions to cross-examine and motions in limine, to February 4, 2008;
- 7. That we begin the hearing, as scheduled, on February 26, 2008.11 In view of recent activities in this proceeding, we find it appropriate to extend certain timelines, but, unless extreme circumstances intervene, we do not find it appropriate to extend these by the thirty-day periods requested by Pilgrim Watch. We find Entergys alternative proposal to be appropriate, and therefore we GRANT in part and DENY in part Pilgrim Watchs Motion, extending the above deadlines as set forth above, with all remaining deadlines and times to remain the same.
It is so ORDERED.
THE ATOMIC SAFETY AND LICENSING BOARD
____/RA/_______________________
Ann Marshall Young, Chair ADMINISTRATIVE JUDGE
____/RA/_______________________
Dr. Paul B. Abramson ADMINISTRATIVE JUDGE
____/RA/_______________________
Dr. Richard F. Cole ADMINISTRATIVE JUDGE Rockville, Maryland November 14, 200712 11 Entergy Answer at 3-4 12 Copies of this Memorandum and Order were sent this date by Internet e-mail transmission to all counsel or representatives for parties.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
ENTERGY NUCLEAR GENERATION CO. )
AND )
ENTERGY NUCLEAR OPERATIONS, INC. ) Docket No. 50-293-LR
)
)
(Pilgrim Nuclear Power Station) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB MEMORANDUM AND ORDER (RULING ON PILGRIM WATCHS MOTION TO EXTEND DEADLINES) have been served upon the following persons by U.S. mail, first class, or through NRC internal distribution.
Office of Commission Appellate Administrative Judge Adjudication Ann Marshall Young, Chair U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555-0001 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Administrative Judge Richard F. Cole Paul B. Abramson Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 Susan L. Uttal, Esq. David R. Lewis, Esq.
David Roth, Esq. Paul A. Gaukler, Esq.
Andrea L. Silvia, Esq. Pillsbury, Winthrop, Shaw, Pittman, LLP Kimberly Sexton, Esq. 2300 N. Street, N.W.
Office of the General Counsel Washington, DC 20037-1128 Mail Stop - O-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001
2 Docket No. 50-293-LR LB MEMORANDUM AND ORDER ((RULING ON PILGRIM WATCHS MOTION TO EXTEND DEADLINES)
Perry H. Buckberg, Project Manager Mary Lampert, Director Plant Licensing Branch I-I Pilgrim Watch Division of Operating Reactor Licensing 148 Washington Street Office of Nuclear Reactor Regulation Duxbury, MA 02332 U.S. Nuclear Regulatory Commission Mail Stop O11-F1 Washington, DC 20555-0001 Sheila Slocum Hollis, Esq. Mark D. Sylvia, Town Manager Town of Plymouth MA Town Managers Office Duane Morris, LLP 11 Lincoln Street 1667 K. Street, N.W. Plymouth, MA 02360 Suite 700 Washington, D.C. 20006 Terrence A. Burke, Esq Chief Kevin M. Nord Entergy Nuclear Fire Chief & Director Duxbury Emergency 1340 Echelon Parkway Management Agency Mail Stop: M-ECH-62 668 Tremont Street Jackson, MS 39213 Duxbury, MA 02332
[Original signed by Evangeline S. Ngbea]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 14th day of November 2007