ML073530511
| ML073530511 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 12/19/2007 |
| From: | Abramson P, Cole R Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| 06-848-02-LR, 50-293-LR, RAS 14800 | |
| Download: ML073530511 (7) | |
Text
UNITED STATES OF AMERICA DOCKETED 12/19/07 NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD PANEL SERVED 12/19/07 Before Administrative Judges:
Ann Marshall Young, Chair1 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. December 19, 2007 (Pilgrim Nuclear Power Station)
Order (Revising Schedule for Evidentiary Hearing and Responding to Pilgrim Watchs December 14 and 15 Motions)
In view of the recent filings by the Intervenor, Pilgrim Watch, requesting extensions of time in the schedule for this proceeding and relating to certain monitoring wells, and the fact that our current schedule calls for all parties to file prefiled direct testimony by Friday December 21, 2007, the Board issues the following Order.
We begin by once again noting, and requesting the parties to strictly observe, what is, and what is not, at issue in this proceeding. Ongoing monitoring is not within the scope of this proceeding; only challenges to errors or omissions from the Applicants Aging Management Program (AMP) are properly within the scope. The single admitted contention relates to whether or not Applicants AMPs are sufficient to enable it to determine whether or not certain buried pipes and tanks are leaking at such great rates that they cannot satisfy their respective intended safety functions. Therefore, unless and until the Applicant expressly advises this Board and the Agency that it intends to rely upon monitoring wells for making its determination that buried pipes and tanks are not leaking at such great rates that they cannot satisfy their 1
Judge Young will be filing a separate statement regarding the substance of this order within the next few days.
intended safety functions, information related to monitoring wells is irrelevant to the issues at hand before this Board. Thus, to the extent that Pilgrim Watch requests disclosure of information relating to any monitoring wells, that request is denied.
However, Pilgrim Watch has argued that it needs additional time to examine newly available information regarding existing monitoring wells, and to the extent, and only to the extent, that such information is directly relevant to whether or not Applicants programs enable it to make the aforesaid determination, we agree that such time is properly requested.
Most important, however, particularly given the apparent lack of proper focus by the parties upon the singular issue at hand, this Licensing Board takes this opportunity to reschedule the filing of, and provide explicit directions regarding the content of, prefiled direct testimony from the parties.
The Board calls to the attention of all parties that, under recent revisions to the regulations set out in 10 C.F.R. Part 2, Subpart L, the responsibility to perform the bulk of the inquiry at evidentiary hearings rests with the Board. Therefore, in order to assure development of a complete record, the Board reorders the dates for filing of prefiled direct testimony as set forth below, and directs the parties regarding certain content the Board finds the parties must address in those filings. Accordingly, we amend the dates for the filing of prefiled direct testimony and provide the following inquiries to be addressed.2
- 1. On or before Tuesday, January 8, 2008 - Entergy shall submit its prefiled direct testimony. In addition to any other material Entergy files therein, it shall, pipe-by-pipe and tank-by-tank: (a) clearly identify each buried pipe and tank which may potentially contain radioactive fluids; (b) identify the intended safety function of such pipe or tank; (c) specify the procedures 2
Of course, if, during the course of the proceeding, a party reasonably requires additional time to submit a required pleading, it must file a motion requesting the desired relief, and any such motion must be filed no later than five (5) business days prior to the date of submission prescribed in this order.
by which Entergy will determine, during the license extension period, whether there are leaks present which might endanger the ability of that pipe or tank to meet its intended safety function, whether or not such procedures are part of routine maintenance and operation or part of the aging management program.
- 2. On or before Tuesday, January 29, 2008 - The NRC Staff and Pilgrim Watch shall submit their prefiled direct testimony, which shall address such matters as such parties reasonably believe (and demonstrate in such filings) are relevant to the admitted contention as reformulated by this Board and, in addition, address explicitly the above specified material filed by Entergy.
- 3. On or before Monday, February 18, 2008 - The Board will issue follow up questions based on the initial prefiled direct testimony submitted by the parties.
- 4. On or before Monday, March 3, 2008 - The parties shall submit their answers and supporting affidavits to the Boards questions together with any rebuttal directed specifically to the prefiled direct testimony of the other Parties.3
- 5. On or before Monday, March 10, 2008 - Any party wishing to file any motions in limine must do so.
- 6. On or before Monday, March 17, 2008 - All parties shall file their proposed questions for the Board to pose to witnesses under 10 C.F.R. § 2.1207(a)(3).
- 7. On or before Monday, March 17, 2008 - Any party wishing to conduct cross-examination shall file a motion seeking permission to do so along with a cross-examination plan. Such motions shall comply with 10 C.F.R. § 2.1204(b). If a party wishes to oppose any 3
The opportunity to submit rebuttal is NOT an opportunity to present material unrelated to the explicit prefiled direct testimony being rebutted, nor is it an opportunity to raise additional matters or testimony to supplement its initial prefiled direct testimony. The Board will direct, upon receipt of appropriate motions to strike, that any filings not conforming to this guidance be appropriately modified.
such motion, it must file an opposition on or before Monday, March 24. The Board will grant such motions only if [it] determines that cross-examination by the parties is necessary to ensure the development of an adequate record for decision. 10 C.F.R. § 2.1204(b)(3).
- 8. On or before Monday, March 17, 2008 - All responses to motions in limine are due.
- 9. The Board currently contemplates that the evidentiary hearing will commence on either Monday, April 7, 2008 or Monday, April 14, 2008. Parties shall consult with their experts and advise the Board, by notice to Zachary Kahn not later than Friday, January 25, 2008, regarding any unavailability during those weeks.
The Board currently contemplates holding a conference call in late February to finalize the evidentiary hearing date. Therefore, the parties are directed to consult among themselves and advise the Board of dates in the latter half of February when all parties will be available for
a conference call to discuss such matters. In such consultation, the parties shall assume that the conference call will last not more than three hours.
Any objection to the schedule set forth above must be filed within five (5) business days after service of this order. See 10 C.F.R. § 2.329(e).
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD4
/RA/
Dr. Paul B. Abramson ADMINISTRATIVE JUDGE
/RA/
Dr. Richard F. Cole ADMINISTRATIVE JUDGE Rockville, Maryland December 19, 2007 4
Copies of this Order were sent this date by Internet electronic mail transmission to counsel for (1) the Licensee, (2) the NRC Staff, and (3) Intervenor.
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 ORDER (REVISING SCHEDULE FOR EVIDENTIARY HEARING AND RESPONDING TO PILGRIM WATCHS DECEMBER 14 AND 15 MOTIONS) 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.
Kimberly Sexton, Esq. Pillsbury, Winthrop, Shaw, Pittman, LLP Office of the General Counsel 2300 N. Street, N.W.
Mail Stop - O-15 D21 Washington, DC 20037-1128 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001
2 Docket No. 50-293-LR LB ORDER (REVISING SCHEDULE FOR EVIDENTIARY HEARING AND RESPONDING TO PILGRIM WATCHS DECEMBER 14 AND 15 MOTIONS)
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 19th day of December 2007