ML100280184
| ML100280184 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 01/21/2010 |
| From: | Lampert M Pilgrim Watch |
| To: | NRC/OCM |
| SECY RAS | |
| References | |
| 50-293-LR, ASLBP 06-848-02-LR, LBP-06-848, RAS J-203 | |
| Download: ML100280184 (6) | |
Text
I DOCKETED USNRC January; I, 2010 CI 3'3AN)
OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE U.S. NUCLEAR REGULATORY COMMISSION 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 PILGRIM WATCH NOTICE TO COMMISSION REGARDING NEW AND SIGNIFICANT INFORMATION PERTAINING TO PILGRIM WATCH'S PETITION FOR REVIEW OF LBP- 06-848 Mary Lampert Pilgrim Watch, pro se 148Washington Street Duxbury, MA 02332 January 21, 2010 Corrected cover page, from Before the Atomic Safety Licensing Board to BEFORE THE U.S.
NUCLEAR REGULATORY COMMISSION
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 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 PILGRIM WATCH NOTICE TO COMMINSION REGARDING NEW AND SIGNIFICANT INFORMATION PERTAINING TO PILGRIM WATCH'S PETITION FOR REVIEW OF LBP- 06-848 Mary Lampert Pilgrim Watch, pro se 148Washington Street Duxbury, MA 02332 January 21, 2010
PILGRIM WATCH'S NOTICE TO COMMISSION REGARDING NEW INFORMATION PERTAINING TO PILGRIM WATCH'S PETITION FOR REVIEW OF LBP- 06-848 On November 12, 2008, Pilgrim Watch filed with the Commission Pilgrim Watch's Petition for Review of LBP- 06-848, LBP-07-13, LBP-06-23 and the Interlocutory Decisions in The Pilgrim Nuclear Power Station Proceeding.
On December 2, 2009, the NRC staff issued SECY-09-0174, a copy is available on NRC website.' SECY-09-0174 is directly pertinent to Pilgrim Watch's petition, but it could not have been cited in Pilgrim Watch's petition. Pilgrim Watch's position stated that the Board's decision regarding the scope of issues before it in a license renewal proceeding was erroneous.
In short, ASLB's interlocutory decisions held that that the only thing that matters about such buried pipes and tanks in a license renewal proceeding is whether the leaks are so great as to permit a design base failure. The ASLB refused to permit Pilgrim Watch to include within scope a number of the key ways in which the Aging Management Program (AMP) did not provide reasonable assurance that radioactive or other leakage from buried pipes and tanks would comply with the current licensing basis ("CLB") during license renewal.
In SECY-09-0174, at 3, the staff reviewed current regulations and reached a conclusion diametrically opposed to that of the ASLB. According to the Staff, With regard to buried piping, the goals of current regulations are to ensure that the piping is able to perform its intended safety function by supplying sufficient fluid flow and to maintain inadvertent releases below licensee's technical specifications or other applicable limits.
(Italics added)
On pages 6 and 7, the staff says:
The license renewal rule requires applicants for license renewal to demonstrate that for each applicable structure, system, or component, the effects of aging will be adequately managed so that the intended I http://www.nrc.gov/reading-rm/doc-collections/commission/secys/2009/secy2009-0 174/2009-0174scy.pdf I
functions will be maintained consistent with the current licensing basis for the period of extended operation. (pg. 6, italics added)
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Conclusions:==
With regard to buried piping, the goals of current regulations are to ensure that the piping is able to perform its intended safety function by supplying sufficient fluid flow and to maintain inadvertent releases below licensee's technical specifications or other applicable limits which apply at the site boundary. (pg 7, italics added)
Thus, SECY-09-0174 makes clear that the ASLB was incorrect in concluding that the only thing that matters about buried pipes and tanks was that are so great as to permit a design base failure.
Thanking you for the opportunity to draw your attention to this significant staff document issued after Pilgrim Watch filed its petition.
Respectfully submitted, Mary Lampert Pilgrim Watch, pro se 148 Washington Street Duxbury, MA 02332 January 21, 2010 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 January 21, 2010 CERTIFICATE OF SERVICE I hereby certify that the following was served January 21, 2010 Pilgrim Watch Notice to Commission Regarding Pilgrim Watch's Petition for Review of LBP-08-22, LBP-07-13, LBP-06-23 And Interlocutory Decisions Secretary of the Commission Attn: Rulemakings and Adjudications Staff Mail Stop 0-16 C I United States Nuclear Regulatory Commission [2 copies]
Ch. Gregory B. Jaczko Chairman U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Hon. Dale E. Kline Commissioner U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Hon. Kristine L. Svinicki Commissioner U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 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
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. Utt.al, Esq.
Marcia Simon, Esq.
Andrea Jones, Esq.
David Roth, Esq.
.-United States Nuclear Regulatory Commission Washington, DC 20555-0001 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 Martha Coakley, Attorney General Matthew Brock, Assistant Attorney General Commonwealth of Massachusetts Office of Attorney General One Ashburton Place Boston, MA 02108 Ms. Melissa Arrighi Office Town Manager, Town of Plymouth 11 Lincoln Street Plymouth MA 02360 Sheila Slocum Hollis, Esq.
Town of Plymouth MA Duane Morris, LLP 505 9 th 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 Terence A. Burke, Esq.
Entergy Nuclear Mail Stop M-ECH-62 Jackson, MS 39213 VVL1 Mary Lampert Pilgrim Watch, pro se 148 Washington St.
Duxbury, MA 023332 January 21, 2010 2