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)
UNITED STATES OF AMERICA OFFICE OF SECRETARY RULEMAKINGS AND NUCLEAR REGULATORY COMMISSION ADJUDICATIONS STAFF BEFORE THE U.S. NUCLEAR REGULATORY COMMISSION In the Matter of )
)
Entergy Nuclear Generation Co. and )
Entergy Nuclear Operations, Inc. ) Docket No. 50-293-LR
)
) ASLBP No. 06-848-02-LR (Pilgrim Nuclear Power Station)
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. ) Docket No. 50-293-LR
)
) ASLBP No. 06-848-02-LR (Pilgrim Nuclear Power Station) )
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 Petitionfor 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)
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 Administrative Judge Attn: Rulemakings and Adjudications Ann Marshall Young, Chair Staff Atomic Safety and Licensing Board Mail Stop 0-16 C I Mail Stop - T-3 F23 United States Nuclear Regulatory US NRC Commission [2 copies] Washington, DC 20555-0001 Ch. Gregory B. Jaczko Administrative Judge Chairman Paul B. Abramson U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, DC 20555-0001 Mail Stop T-3 F23 US NRC Hon. Dale E. Kline Washington, DC 20555-0001 Commissioner U.S. Nuclear Regulatory Commission Administrative Judge Washington, DC 20555-0001 Richard F. Cole Atomic Safety and Licensing Board Hon. Kristine L. Svinicki Mail Stop -T-3-F23 Commissioner US NRC U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001
Office of Commission Appellate Martha Coakley, Attorney General Adjudication Matthew Brock, Assistant Attorney Mail Stop 0-16 C I General Commonwealth of United States Nuclear Regulatory Massachusetts Commission Office of Attorney General Washington, DC 20555-0001 One Ashburton Place Boston, MA 02108 Atomic Safety and Licensing Board Mail Stop T-3 F23 Ms. Melissa Arrighi United States Nuclear Regulatory Office Town Manager, Town of Commission Plymouth Washington, DC 20555-0001 11 Lincoln Street Plymouth MA 02360 Susan L. Utt.al, Esq.
Marcia Simon, Esq. Sheila Slocum Hollis, Esq.
Andrea Jones, Esq. Town of Plymouth MA David Roth, Esq. Duane Morris, LLP
.-United States Nuclear Regulatory 505 9 th Street, N.W. 1000 Commission Washington D.C. 20004-2166 Washington, DC 20555-0001 Richard R. MacDonald Office of General Counsel Town Manager, Town of Duxbury Mail Stop - O- 15 D21 878 Tremont Street United States Nuclear Regulatory Duxbury, MA 02332 Commission Washington, DC 20555-0001 Fire Chief & Director DEMA, Town of Duxbury Paul A. Gaukler, Esq. 688 Tremont Street David R. Lewis, Esq. P.O. Box 2824 Pillsbury, Winthrop, Shaw, Pittman, Duxbury, MA 02331 LLP 2300 N Street, N.W. Terence A. Burke, Esq.
Washington, DC 20037-1138 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