ML080860097
| ML080860097 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 03/17/2008 |
| From: | Lampert M Pilgrim Watch |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-293-LR, RAS-J-14 | |
| Download: ML080860097 (4) | |
Text
-I DOCKETED USNRC UNITED STATES OF AMERICA March 17, 2008 (3:00pm)
OFFICE OF SECRETARY NUCLEAR REGULATORY COMMISSION RULEMAKINGS AND ADJUDICATIONS STAFF BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the matter of Docket # 50-293 Entergy Corporation Pilgrim Nuclear Power Station License Renewal Application March 17, 2008 PILGRIM WATCH REQUEST TO CONDUCT CROSS-EXAMINATION IN ACCORDANCE WITH 10 CFR 2.104(b).
Pilgrim Watch hereby requests to conduct cross examination in accordance with 10 CFR 2.104(b).
LEGAL STANDARD 10 CFR.2.104(b) authorizes the Board to allow any party to cross-examine a witness when "it is necessary for the development of an adequate record for a sound decision or is required for a full and true disclosure of facts" In the Matter of Enlergy Nuclear Vermont Yankee LLC (Vermont Yankee Nuclear Power Station), 60 N.R.C. 686, 689 (2004).
Cross examination "can encompass any issue that is relevant to the findings of fact that a Board or presiding officer must make in order to make a decision." M. Cross - examination may well helpful in drawing out "expert opinions, technical and scientific facts," recognizing that the Board "is not experts in all disciplines nor as well versed in all nuances of some issues as some of the litigants." Id at 711.
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Finally, the Commission proceedings are governed by a cardinal rule of fairness that each side must be heard. Houston Lighting and Power Co. (Aliens Creek Nuclear Generating Station, Unit 1), ALAB-565, 10 N.R.C. 521,524 (1976).
DISCUSSION Pilgrim Watch appreciates that the board wishes both to hear a balanced presentation to develop an adequate record for decision and to assure that all parties walk away from the proceedings feeling that they have been dealt with fairly. Entergy and NRC Staff have considerable resources and are able to support their position by an overwhelming volume of expert te'stimony that may serve to make a greater impression simply because of its magnitude. Therefore Pilgrim Watch requests the opportunity to assure that the experts are asked all pertinent questions or follow tip questions during the hearing.
Thank-you for your consideration.
Sincerely, Mary lampert Pilgrim Watch, pro se 148 Washington Street Duxbury, MA 023' 2
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the matter of Docket # 50-293-LR Entergy Corporation Pilgrim Nuclear Power Station License Renewal Application March 17, 2008 CERTIFICATE OF SERVICE I hereby certify that the following was served March 17, 2008 by electronic mail and by U.S. Mail, First Class to. the Service List: Pilgrim Watch Request to Conduct Cross-Examination In Accordance With 10 CFR 2.104(B). The confidential attachment was transmitted only to the Atomic Safety Licensing Board panel members and Law Clerk.
Administrative Judge Ann Marshall.Young, Chair Atomic Safety and Licensing Board Mail Stop - T-3 F23 US NRC Washington, DC 20555-0001 Administrative Judge Paul B. Abramson Atomic Safety and Licensing Board Mail Stop T-3 F23 US NRC Washington, DC 20555-0001 Administrative Judge Richard F. Cole Atomic Safety and Licensing Board Mail Stop -T-3-F23 US NRC Washington, DC 20555-0001 Secretary of the Commission Attn: Rulemakings and Adjudications Staff Mail Stop 0-16 C I United States Nuclear Regulatory Commission [Two Copies]
Office of Commission Appellate Adjudication Mail Stop 0-16 C I United States Nuclear Regulatory Commission 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.
Kimberly Sexton, Esq.
James Adler, Esq.
David Roth, Esq.
Office of General Counsel Mail Stop-O-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 Sheila Slocum Hollis, Esq.
Town of Plymouth MA Duane Morris, LLP 505 91h Street, N.W.1000 Washington D.C. 20004-2166 Richard R. MacDonald Town Manager, Town of Duxbury 878 Tremont Street Duxbury, MA 02332 Fire Chief& Director DEMA, Town of Duxbury 688 Tremont Street P.O. Box 2824 Duxbury, MA 02331 Mary Lampert Pilgrim Watch, pro se 148 Washington St.
Duxbury, MA 023332 2