ML083170829
| ML083170829 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 10/31/2008 |
| From: | Lampert M Pilgrim Watch |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-293-LR, ASLBP 06-848-02-LR, RAS J-165 | |
| Download: ML083170829 (4) | |
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/la5 DOCKETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD October31, 2008 11:05 am OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF In the Matter of Entergy Nuclear Generation Co. and Entergy Nuclear Operations, Inc.
(Pilgrim Nuclear Power Station)
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Docket No. 50-293-LR ASLBP No. 06-848-02-LR October 31, 2008 PILGRIM WATCH MOTION TO CLARIFY DATE FOR FILING PETITION FOR REVIEW,. OR ALTERNATIVELY TO EXTEND DATE Pilgrim Watch files this motion to clarify the date for filing the Petition for Review of LBP *848-02-LR, Initial Decision filed by Judge Dr. Paul Abramson and Judge Dr. Richard Cole, or alternatively for the Commission to extend the date for filing.
10 CFR 10§ 2.341 (2)(b)(1) states that, Within fifteen (15) days after service of a full or partial initial decision by a presiding officer, and within fifteen (15) days after service of any other decision or action by a presiding officer with respect to which a petition for review is authorized by this part, a party may file a petition for review with the Commission on the grounds specified in paragraph (b)(4) of this section. Unless otherwise authorized by law, a party to an NRC proceeding must file a petition for Commission review before seeking judicial review of an agency action.
The rationale behind our motion is that:
- 1. Pilgrim Watch is entitled to have the opinion of the presiding officer, Chief Judge Ann Marshall Young,1 and to know her opinion on law and fact before filing our Petition for Review.
- 2. The applicable rule, § 2.341, is titled "Review of decisions and actions of a presiding officer" [emphasis added] and sets the time for filing a petition for review as 15 days after service of an "opinion... by a presiding officer." The term "presiding officer" apparently connotes the Chief Judge, but we ask that for clarification that the 15 day does not start until the Chief Judge's opinion.is served.
In the alternative, Pilgrim Watch requests that the date be extended to fifteen days after service of the separate opinion to be filed by Chief Judge Ann Marshall Young..
Respectfully submitted, Mary Lampert Pilgrim Watch, pro se 148 Washington Street Duxbury, MA 02332 "Judge Young will be filing a separate opinion regarding the substance of this order in due course" LBP-06-848-02,page 1, footnote I 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 October 31, 2008 CERTIFICATE OF SERVICE I hereby certify that the following [Pilgrim Watch Motion To Clarify Date For Filing Petition For Review, Or Alternatively To Extend Date]was served Citizens' Motion for Leave to Reply and Citizens' Reply to the NRC Staff s Answer by electronic and U.S.
Mail to the following on October 31, 2008.
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 (original and 2 copies)
Office of Commission Appellate Adjudication Mail Stop 0-16 C1 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.
Marcia Simon, 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 Matthew Brock, Assistant Attorney
- General, Environmental Protection Division Office of Attorney General One Ashburton Place, 18th Floor Boston, MA 02108 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 9th 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
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I Mary Lampert Pilgrim Watch, pro se 148 Washington St.
Duxbury, MA 023332 2