ML081330536
| ML081330536 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 05/12/2008 |
| 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 J-121 | |
| Download: ML081330536 (6) | |
Text
1 Pilgrim Watch Motion Requesting the Record be Held Open so that the Board May Address a New and Significant Issue [Method to Calculate Cumulative Usage Factors (CUF)]
Sua Sponte and Provide Pilgrim Watch an Opportunity for Hearing (Apr. 9, 2008); Pilgrim Watch Motion Regarding the Cumulative Use Factor (CUF) (May 5, 2008); see also Entergys Response in Opposition to Pilgrim Watch Motion Requesting the Record be Held Open for Sua Sponte Consideration Of Cumulative Usage Factors (Apr. 21, 2008); NRC Staff Response in Opposition to Pilgrim Watch Motion Requesting Record be Held Open (Apr. 21, 2008); NRC Staff Motion to Strike Pilgrim Watch Motion Regarding the Cumulative Usage Factor (May 8, 2008).
2 Transcript of Proceeding at 557-874.
UNITED STATES OF AMERICA DOCKETED 05/12/08 NUCLEAR REGULATORY COMMISSION SERVED 05/12/08 ATOMIC SAFETY AND LICENSING BOARD PANEL Before Administrative Judges:
Ann Marshall Young, Chair Dr. Paul B. Abramson Dr. Richard F. Cole In the Matter of:
ENTERGY NUCLEAR GENERATION COMPANY AND ENTERGY NUCLEAR OPERATIONS, INC.
(Pilgrim Nuclear Power Station)
Docket No. 50-293-LR ASLBP No. 06-848-02-LR May 12, 2008 ORDER (Setting Deadlines for Provisional Proposed Findings and Conclusions on Contention 1, and for Pleadings Related to Pilgrim Watchs Recent Motion Regarding CUFs)
Currently pending in this proceeding, which involves the license renewal application of Entergy Nuclear Generation Company and Entergy Nuclear Operations, Inc., for its Pilgrim Nuclear Power Station, are several matters potentially affecting time lines for remaining activities in the proceeding. These include: (1) two motions of Intervenor Pilgrim Watch regarding certain information relating to the plants cumulative usage factors, or CUFs;1 (2) the question of how and when to proceed with regard to Pilgrim Watch Contention 1, on which a hearing was commenced on April 10, 2008,2 but which hearing the Licensing Board did not 3 Commonwealth of Massachusetts v. United States, 522 F.3d 115,..... (1st Cir. 2008).
4 Commonwealth of Massachusetts Notice Of Intent To Participate As An Interested State (May 6, 2008).
5 Memorandum to Dale E. Klein, Chairman, from Hubert T. Bell, Inspector General (May 2, 2008).
6 See Commission Meeting Schedule at www.nrc.gov/about-nrc/policy-making/schedule.html (last visited May 9, 2008).
7 Petition by Nuclear Information and Resource Service; Jersey Shore Nuclear Watch, Inc.; Grandmothers, Mothers and More for Energy Safety; New Jersey Public Interest Research Group; New Jersey Sierra Club; New Jersey Environmental Federation; Riverkeeper, Inc.;
Pilgrim Watch and New England Coalition to Suspend License Renewal Reviews for Oyster Creek, Indian Point, Pilgrim, and Vermont Yankee Nuclear Power Plants Pending Investigation of NRC Staff Review Process and Correction of Deficiencies (Jan 3, 2008).
8 Entergys Request For Guidance On The First Circuits Administrative Stay (Apr. 17, 2008).
9 See supra n.6.
conclude based on the stay of the closing of the hearing by the First Circuit Court of Appeals in a related proceeding;3 (3) the recent notification of the Commonwealth of Massachusetts of intent to participate in the proceeding, based on the First Circuits decision;4 (4) the recent issuance by the NRC Office of the Inspector General of a Memorandum concerning its recently completed audit of the NRC License Renewal Program;5 and, finally, (5) the Commissions indication6 that it may be addressing in the near future both a January 3, 2008, Petition to Suspend filed by Petitioners in this and other license renewal proceedings based on the Inspector Generals audit,7 and Entergys April 17, 2008, request for guidance from the Commission regarding the First Circuits stay8 these matters are tentatively set for a Commission Affirmation Session to be held May 16, 2008.9 10 See supra n.1.
In the meantime, the Licensing Board finds it appropriate to address any matters that may effectively move forward, whatever other further action may ensue with regard to any of the matters listed above.
Specifically, regarding item (2) above, unless any action of the Commission subsequent to issuance of this Order would effectively nullify or render inappropriate such a course of action, the Board hereby sets the following deadlines for the filing of provisional proposed findings of fact and conclusions of law with respect to Pilgrim Watch Contention 1 only: All parties shall file proposed findings of fact and conclusions of law on Contention 1 no later than June 9, 2008, and shall file responses to each others proposed findings and conclusions no later than June 23, 2008. These shall be provisional in the sense that setting the deadlines in question should not be construed as closing the hearing in the matter; among other things, if the need for further findings later arises based on the current stay or related activities, these will be permitted as appropriate and necessary.
In addition, treating Pilgrim Watchs most recent motion regarding CUFs as being in effect the submission of a new contention, the Board directs the NRC Staff and Entergy to include in their responses thereto argument regarding the admissibility of such contention under 10 C.F.R. § 2.309(f)(1). Such responses shall be filed no later than May 19, 2008, and a reply to these shall be filed by Pilgrim Watch no later than May 27, 2008. These directions should not be taken to indicate any possible Board ruling on any of the pending motions, including the Staffs recent Motion to Strike Pilgrim Watchs motions.10 11 Copies of this Order were sent this date by Internet electronic mail transmission to all counsel and representatives for the parties.
In addition, after the Commission addresses the pending Petition to Suspend and OIG audit, further deadlines may be set to address any related matters, as appropriate.
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 May 12, 200811
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 (SETTING DEADLINES FOR PROVISIONAL PROPOSED FINDINGS AND CONCLUSIONS ON CONTENTION 1, AND FOR PLEADINGS RELATED TO PILGRIM WATCHS RECENT MOTION REGARDING CUFS) have been served upon the following persons by U.S. mail, first class, or through NRC internal distribution.
Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Ann Marshall Young, Chair Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Richard F. Cole Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Paul B. Abramson Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Susan L. Uttal, Esq.
David Roth, Esq.
Kimberly Sexton, Esq.
James E. Adler, Esq.
Brian Newell, Paralegal Office of the General Counsel Mail Stop - O-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 David R. Lewis, Esq.
Paul A. Gaukler, Esq.
Pillsbury, Winthrop, Shaw, Pittman, LLP 2300 N. Street, N.W.
Washington, DC 20037-1128
2 Docket No. 50-293-LR LB ORDER (SETTING DEADLINES FOR PROVISIONAL PROPOSED FINDINGS AND CONCLUSIONS ON CONTENTION 1, AND FOR PLEADINGS RELATED TO PILGRIM WATCHS RECENT MOTION REGARDING CUFS)
Diane Curran, Esq.
Harmon, Curran, Spielberg & Eisenberg, LLP 1726 M Street, N.W., Suite 600 Washington, DC 20036 Terrence A. Burke, Esq Entergy Nuclear 1340 Echelon Parkway Mail Stop: M-ECH-62 Jackson, MS 39213 Matthew Brock, Assistant Attorney General James R. Milkey, Assistant Attorney General Environmental Protection Division Office of the Attorney General One Ashburton Place, 18th Floor Boston, MA 02108 Perry H. Buckberg, Project Manager Plant Licensing Branch I-I Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Mail Stop O11-F1 Washington, DC 20555-0001 Mary Lampert, Director Pilgrim Watch 148 Washington Street Duxbury, MA 02332 Mark D. Sylvia, Town Manager Town Managers Office 11 Lincoln Street Plymouth, MA 02360 Sheila Slocum Hollis, Esq.
Duane Morris, LLP Town of Plymouth MA 505 9th Street, NW, Suite 1000 Washington, DC 20004-2166 Chief Kevin M. Nord Fire Chief & Director Duxbury Emergency Management Agency 668 Tremont Street Duxbury, MA 02332
[Original signed by Linda D. Lewis]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 12th day of May 2008