ML100980170

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Town of Plymouth, Massachusetts Motion to Reschedule Telephone Conference to Address Future Course of Proceeding
ML100980170
Person / Time
Site: Pilgrim
Issue date: 04/06/2010
From: Hollis S
City of Plymouth, MA, Duane Morris, LLP
To:
Atomic Safety and Licensing Board Panel
SECY RAS
References
50-293-LR, ASLBP 06-848-02-LR, CLI-10-11, RAS J-210
Download: ML100980170 (7)


Text

DOCKETED April 6, 2010 (4:26pm)

OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD April 6, 2010 In the Matter of )

Entergy Nuclear Generation Co. ) Docket No. 50-293-LR and Entergy Nuclear Operations, Inc. )

) ASLBP No. 06-848-02-LR (Pilgrim Nuclear Power Station) )

TOWN OF PLYMOUTH, MASSACHUSETTS MOTION TO RESCHEDULE TELEPHONE CONFERENCE TO ADDRESS FUTURE COURSE OF PROCEEDING

'Pursuant to 10 C.F.R. § 2.323(a) (2009), The Town of Plymouth, Massachusetts

("Plymouth") respectfully submits the instant motion to reschedule the conference call currently scheduled for April 8, 2010. On April 1, 2010, an order was issued stating that that Atomic Safety and Licensing Board ("ASLB") will hold a telephone conference to address the future course of this proceeding in light of the Nuclear Regulatory Commission's recent decision in Docket No. CLI- 10-11. The order further stated that at the conference, the parties shall be prepared to discuss the issues remaining for adjudication, the need for discovery on these issues, the time needed to prepare for a hearing, and any other matters relevant to the Commission's remand of the proceeding. In addition, the order noted that if any party will be unavailable on the date established, the conference may be rescheduled.

Counsel for Plymouth will be out of the country on April 8, 2010 and therefore unavailable to participate in the call that day. Counsel for Plymouth will be available any day

during the first or third week in May, except for Friday, May 21, 2010. Accordingly, in light of the other parties' availability, discussed below, Plymouth respectfully requests that the conference call be moved to either May 3, May 4 or May 5. Plymouth contacted the other parties in this proceeding to determine whether they would be willing to reschedule the conference call. Pilgrim Watch has indicated that it also plans to file a motion requesting to reschedule. Pilgrim Watch stated that the third week in May will work best, but it is also available during the first week in May except for May 6 and May 7.1 Entergy opposes delaying the conference call until May, but has indicated that it is available during the first week in May or May 21. Staff also opposes moving the call into the month of May and proposes a date of either April 20 or 21.

Although Plymouth is participating in this proceeding as an interested party, it would like to stay informed on the future course of this proceeding which will be the topic of discussion on the conference call. The Pilgrim Nuclear Power Station is located in Plymouth and for that reason, Plymouth has a substantial interest in the outcome of this proceeding. Accordingly, notwithstanding Staff's and Entergy's reluctance to reschedule the conference call to a date within the month of May, Plymouth respectfully requests that the call be moved to the first week in May on either May 3, May4 or May 5 which will not result in a substantial delay in the timing of the proceeding.

Plymouth notes that it does not object to rescheduling the call to the third week in May (except May 21) which appears to be the best time for Pilgrim Watch.

2

Based on the foregoing, Plymouth respectfully requests that this motion to reschedule be granted.

Respectfully submitted, Sheila Slocum Hollis Duane Morris LLP 505 9th Street, N.W., Suite 1000 Washington DC 20004 202.776.7810 202.379.9837 (fax) sshollis@duanemorris.com Counsel for Plymouth, Massachusetts Dated: April 6, 2010 3

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

Entergy Nuclear Generation Co. ) Docket No. 50-293-LR and Entergy Nuclear Operations, Inc. )

) ASLBP No. 06-848-02-LR (Pilgrim Nuclear Power Station) )

CERTIFICATE OF SERVICE I hereby certify that copies of Motion to Reschedule Telephone Conference to Address Future Course of Proceeding of the Town of Plymouth, Massachusetts in the above-captioned proceeding have been served on the following by electronic and First Class mail this 6 th day of April, 2010.

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 Richard.Cole@nrc.gov 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 Paul.Abramson@nrc.gov 4

Administrative Judge Ann Marshall Young, Chair Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Ann.Young@nrc.gov Susan L. Uttal, Esq.

David Roth, Esq.

Andrea Z. Jones, Esq.

Brian G. Harris Brian Newell U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop 0- 15 D21 Washington, DC 20555-0001 Susan.Uttal@nrc.gov David.Roth@nrc.gov Andrea.Jones@nrc.gov Brian.Harris@nrc.gov Brian.Newell@nrc.gov U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Mail Stop O-16C1 Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Mail Stop O-16C1 Washington, DC 20555-0001 hearingdocket@nrc. gov Perry 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 O1 -Fl Washington, DC 20555-0001 Perry.Buckberg@nrc.gov 5

Johanna Thibault Law Clerk Nuclear Regulatory Commission Mail Stop: T-3F23 Washington, DC 20555-0001 Johanna.Thibault@nrc.gov Mary Lampert, Director Pilgrim Watch 148 Washington Street Duxbury, MA 02332 mary.lampert@comcast.net Chief Kevin M. Nord Fire Chief & Director Duxbury Emergency Management Agency 668 Tremont Street Duxbury, MA 02332 nord@town.duxbury.ma.us Richard R. MacDonald Town Manager 878 Tremont Street Duxbury, MA 02332 macdonald@town.duxbury.ma.us Terence A. Burke, Esq.

Entergy Nuclear 1340 Echelon Parkway Mail Stop: M-ECH-62 Jackson, MS 39213 tburke@entergy. corn David R. Lewis, Esq Paul A. Gaukler, Esq.

Jason B. Parker Pillsbury, Winthrop, Shaw, Pittman, LLP 2300 N Street, NW Washington, DC 20037-1 137 david.lewis@pillsburylaw.com paul.gaukler@pillsburylaw.com jason.parker@ pillsburylaw.com 6

Melissa Arrighi Acting Town Manager Town of Plymouth 11 Lincoln St.

Plymouth, MA 02360 marrighi@townhall.plymouth.ma.us Matthew Brock, Esq.

Assistant Attorney General Office of the Attorney General Environmental Protection Division One Ashburton Place, 18th Floor Boston, MA 02108 matthew. brock@ago. state. ma. us Sheila Slocum Hollis 7