ML081280593

Entergy'S Motion to Strike Pilgrim Watch'S Reply to Entergy'S and Nrc'S Responses Opposing Pilgrim Watch'S Motion Requesting That the Record Be Held Open for Sua Sponte Consideration of Cumulative Usage Factors

ML081280593
Person / Time
Site:	Pilgrim
Issue date:	05/01/2008
From:	Gaukler P Entergy Nuclear Generation Co, Entergy Nuclear Operations, Pillsbury, Winthrop, Shaw, Pittman, LLP
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
50-293-LR, ASLBP 06-848-02-LR, RAS J-110
Download: ML081280593 (3)

Text

<A-S J-l11 May 1, 2008 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DOCKETED USNRC Before the Atomic Safety and Licensing Board Panel In the Matter of ) May 2, 2008 8:00 am

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OFFICE OF SECRETARY Entergy Nuclear Generation Company and ) Docket No. 50-293-LR RULEMAKINGS AND Entergy Nuclear Operations, Inc. ) ASLBP No. 06-848-02-LR ADJUDICATIONS STAFF (Pilgrim Nuclear Power Station) ))

ENTERGY'S MOTION TO STRIKE PILGRIM WATCH'S REPLY TO ENTERGY'S AND NRC'S RESPONSES OPPOSING PILGRIM WATCH'S MOTION REQUESTING THAT THE RECORD BE HELD OPEN FOR SUA SPONTE CONSIDERATION OF CUMULATIVE USAGE FACTORS Pursuant to 10 C.F.R § 2.323(c), Entergy Nuclear Generation Company and Entergy Nuclear Operations, Inc. (collectively, "Entergy") hereby moves to strike "Pilgrim Watch Replies to Entergy's and NRC's Responses Opposing Pilgrim Watch's Motion Requesting that The record be Held Open for Sua Sponte Consideration of Cumulative Usage Factors," filed on April 30, 2008. The Commission's regulation, 10 C.F.R. § 2.323(c), provides the moving part no right to reply except as permitted by the Atomic Safety and Licensing Board (the "Board"). The Board has granted no such permission to Pilgrim Watch.'

Respectfully Submitted, David R. Lewis Paul A. Gaukler PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, NW Washington, DC 20037-1128 Tel. (202) 663-8000 May 1, 2008 Counsel for Entergy Counsel for Entergy has consulted with Pilgrim Watch and counsel for the Nuclear Regulatory Commission ("NRC") Staff but no successful resolution could be reached; Pilgrim Watch opposes the Motion while the NRC Staff supports the Motion.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

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Entergy Nuclear Generation Company and ) Docket No. 50-293-LR Entergy Nuclear Operations, Inc. ) ASLBP No. 06-848-02-LR (Pilgrim Nuclear Power Station)

))

CERTIFICATE OF SERVICE I hereby certify that copies of"Entergy's Motion To Strike Pilgrim Watch's Reply To Entergy's And Nrc's Responses Opposing Pilgrim Watch's Motion Requesting That The Record Be Held Open For Sua Sponte Consideration Of Cumulative Usage Factors," dated April 30, 2008, were served on the persons listed below by deposit in the U.S. Mail, first class, postage prepaid, and where indicated by an asterisk, by electronic mail, this 1st day of May, 2008.

• Administrative Judge *Administrative Judge Ann Marshall Young, Esq., Chair Dr. Richard F. Cole Atomic Safety and Licensing Board Atomic Safety and Licensing Board Mail Stop T-3 F23 Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 amy@nrc.gov rfc 1@nrc. gov

• Administrative Judge

• Secretary Paul B. Abramson Att'n: Rulemakings and Adjudications Staff Atomic Safety and Licensing Board Mail Stop 0-16 Cl Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 secygnrc.gov , hearingdocket(onrc.gov pba(anrc. gov

?-B Office of Commission Appellate Atomic Safety and Licensing Board Adjudication Mail Stop T-3 F23 Mail Stop 0-16 C1 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001

• Susan L. Uttal, Esq. *Mr. Mark D. Sylvia

• Kimberly Sexton, Esq. Town Manager

• James E. Adler, Esq. Town of Plymouth Office of the General Counsel 11 Lincoln St.

Mail Stop 0- 15 D21 Plymouth MA, 02360 U.S. Nuclear Regulatory Commission msvlviaOtownhall.nlvmouth.ma.us Washington, D.C. 20555-0001 slu@nrc.gov; kas2(@nrc.gov; jeal @nrc.gov

• Ms. Mary Lampert *Chief Kevin M. Nord 148 Washington Street Fire Chief and Director, Duxbury Emergency Duxbury, MA 02332 Management Agency mary.lampert(a)Dcomcast.net 688 Tremont Street P.O. Box 2824 Duxbury, MA 02331 nord(town.duxburv.ma.us

• Sheila Slocum Hollis, Esq. *Richard R. MacDonald Duane Morris LLP Town Manager 505 9th Street, N.W. 878 Tremont Street Suite 1000 Duxbury, MA 02332 Washington, D.C. 20006 macdonaldOtown.duxburv.ma.us sshollis(duanemorris.com Paul A. Gaukler