ML101330435

NRC Staff'S Initial Brief in Response to the Board'S Order (Regarding Deadlines for Submission of Parties)

ML101330435
Person / Time
Site:	Pilgrim
Issue date:	05/12/2010
From:	Harris B NRC/OGC
To:	Atomic Safety and Licensing Board Panel
SECY/RAS
References
50-293-LR, ASLBP 06-848-02-LR, RAS J-225
Download: ML101330435 (16)

Text

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

))

ENTERGY NUCLEAR GENERATION GENERATION )

COMPANY AND ENTERGY NUCLEAR COMPANYANDENTERGYNUCLEAR )1 Docket No.

Docket No. 50-293-LR 50-293-LR OPERATIONS, INC.

OPERATIONS, INC. )

))

(Pilgrim Nuclear Power Station)

(Pilgrim )

NRC STAFFS NRC STAFFS INITIAL INITIAL BRIEF BRIEF ININ RESPONSE RESPONSE TO THE BOARD'S BOARDS ORDER (REGARDING DEADLINES DEADLINES FOR SUBMISSION SUBMISSION OF PARTIES)

PAR1-IES)

INTRODUCTION INTRODUCTION Pursuant to the Atomic Safety and Pursuant and Licensing Licensing Board's Board's ('Board') Order (Regarding (Regarding Deadlines for Submissions Deadlines Submissions of Parties)

Parties) of May 5, Order), the staff of the U.S.

5, 2010 ('Boards Order"), U.S.

Commission (Staff)

Nuclear Regulatory Commission ('Staff) hereby responds responds to the Board's Board's questions regarding regarding the scope of the remanded scope remanded Contention Contention 3,3, the appointment appointment of a settlement settlement judge, and and the proposed proposed schedule.'1 schedule.

As more more fully set forth below.

below, the Staff submits submits that scope of Contention Contention 3 on remand remand is limited to whether the effects of additional limited additional meteorological meteorological data or alternative meteorological meteorological modeling will identify newly modeling newly cost-beneficial cost-beneficial Severe Severe Accident Mitigation ('SAMAS').

Mitigation Alternatives (SAMAs').

The Staff proposes that ,that the evidentiary evidentiary hearing hearing bebe conducted conducted starting starting on October 19, 19, 2010-the 2010-the proposed schedule attached Staffs proposed attached as Exhibit Exhibit 1 is.

is. Finally, Finally, the Staff favors the appointment of a settlement judge to aid in in the resolution resolution of the parties' parties' remaining remaining disputed disputed issues.

issues.

1 Entergy Nuclear Generation Co. Co. and Entergy Nuclear Operations, Operations, Inc. (Pilgrim Nuclear Inc. (Pilgrim Nuclear Power Power Station), LBP-07-13, Station), LBP-07-13, 66 NRC 131 (2007).

NRC 131 (2007).

PROCEDURAL BACKGROUND PROCEDURAL BACKGROUND FOR REMANDED REMANDED CONTENTION CONTENTION 3 proceeding concerns This proceeding concerns the application application by Entergy Entergy Nuclear Generation Generation Co. and and Entergy Nuclear Operations, Entergy Operations, Inc. Inc. (collectively (collectively"Enterg)") renew the operating "Entergy') to renew operating license license for the Pilgrim Nuclear Power Station Pilgrim ('Pilgrirrl'). Contention Station (Pilgrim'). Contention 3 as admitted admitted by the Board Board on October 16, 16, 2006, stated:

2006, stated:

Applicant's Applicanfs SAMA analysis for the Pilgrim Pilgrim plant is deficient in in that concerning (1) the input data concerning (1) evacuation evacuation times, times, (2)

(2) economic consequences, and consequences, and (3) meteorological meteorological patterns patterns are incorrect, incorrect, resulting in resulting in incorrect conclusions conclusions about the costs versus versus benefits benefits possible mitigation of possible mitigation alternatives, alternatives, such such that further analysis is called for.2 called for.'

On October 30, On 30, 2007, the BoardBoard granted Entergy's Entergy's motion motion for summary disposition disposition of Contention 3; Contention 3; thus, dismissing dismissing Contention Contention 3 from further consideration consideration by the Board.B ~ a r 3d On On

. ~ March March 26, 2010, 26, 2010, in in response to Pilgrim Pilgrim Watch's (PW) ('PW') Petition Petition for Review Review of, alia, the summary of, inter alia, Contention 3, disposition of PWs Contention disposition 3, the Commission Commission issued issued a Memorandum Memorandum and and Order reversing reversing in part, in part, affirming affirming in in part, part, and and remanding remanding Contention Contention 3,3, as limited limited by the Commission's Commission's Order,Order, to the Board proceeding^.^4 On Board for further proceedings. On May 5, 2010, subsequent to a telephone conference 5, 2010, conference held on May 4, held 2010, the Board 4, 2010, Board issued issued an an order requesting requesting briefs briefs on the scope of remanded remanded Contention 3, Contention 3, the appointment of a Settlement Judge, Judge, and and a proposed proposed schedule.

schedule.

DISCUSSION DISCUSSION I.I . Remanded Contention The Scope of Remanded Contention 3 The Staff proposes that the remanded remanded Contention Contention 3 be be stated stated as:

as:

additional meteorological Whether the use of additional meteorological data and/or meteorological models alternative meteorological models would would identify any additional 2

2 Entergy Nuclear Generation Co. Co. and Entergy Nuclear Operations, Operations, Inc.

Inc. (Pilgrim (Pilgrim Nuclear Power Power Station),

Station), LBP-06-23, LBP-06-23, 64 NRCNRC 257,341 257, 341 (2006).

(2006).

3 3 Pilgrim, LBP-07-13, Pilgrim, LBP-07-13, 66 NRC NRC 131.

131. Judge Young dissented dissented from from the Board's Board's Order. Id. at 156.

Order. Id. 156.

4 4 Entergy Nuclear Generation Company and Entergy Nuclear Operations, Operations, Inc.

Inc. (Pilgrim (Pilgrim Nuclear CLI-10-11 ("Commission's Station), CLI-10-11 Power Station), ("Commission's Order"),

Order"), 71 NRC -

71 NRC _ (March 26,2010)

(March 26, 2010) (slip (slip op.

op. at 39).

39).

SAMAs as beingbeing cost-beneficial cost-beneficial in in addition addition to the SAMAs SAMAs identified using identified using the straight-line straight-line Gaussian Gaussian Plume Plume Model Model contained contained 5

in in the ATMOS module module of the M A C C S code.

MACCS2 ~~

code.

Commission's Order clearly stated The Commission's stated the issue as as'hhether Pilgrim SAMA analysis

whether the Pilgrim analysis resulted resulted 6

in erroneous conclusions of the SAMAs found to be in cost-beneficial.'"lthough be cost-beneficial: Commission Although the Commission additional analysis thought that additional analysis of meteorological meteorological issues issues was warranted, stated that'the warranted, it stated that'lhe bulk of

[PWs] arguments before

[PWs] before the Board Board were unsupported unsupported by significantly significantly probative probative evidence, evidence, go well beyond beyond the scope of Contention Contention 3 as originally proffered proffered and and admitted, admitted, or raise raise issues issues beyond the intent and beyond and scope of a SAMA analysis:'

analysis." The Commission, Commission, in in limiting limiting the scope of remanded Contention remanded Contention 3, affirmed that"no 3, affirmed thatUnogenuine genuine dispute concerning concerning the economic costs or evacuation timing evacuation timing inputs will remain;'

remain:'ifif PW cannot show that"significant thatG'significantmeteorological meteorological modeling modeling deficiency alters deficiencY' alters Pilgrim's Pilgrim's SAMA cost-benefit analysis.'s Outside cost-benefit analysis. Outside of PWs dispute dispute regarding regarding meteorology, the Commission meteorology, Commission strictly limited limited any further analysis analysis of economic costs and and excluded challenges based excluded based on evacuation evacuation timing timing and and numerous numerous other issues issues not previously previously raised by PW, raised PW, not supported supported by the original original contention, contention, andand not admitted by the Board Board inin Contention 3.

Contention 3.'9 A. The Commission Commission Strictly Limited Limited Any Additional Consideration of Economic Costs in Additional Consideration in Remanded Contention Remanded Contention 3 Commission strictly limited The Commission limited the scope of remanded remanded Contention Contention 3 with regardregard to PWs 10 additional challenges regarding additional regarding economic costs. costs.1° The Commission Commission explained explained that it was 5

5 MELCOR Accident Consequence Code System System 2 (hereinafter "MACCS2 code"). code").

6 6 Commission's Order at 37. 37.

' Id.

7 Id. at 27.

27.

' Id.

8 Id.

9 9 Id.

Id. at 29, 29, 31-33, 31-33, 35, 35, 36.

36.

10 10 Id.

Id. at 36.

36.

remanding a small portion remanding portion of the economic economic costs, costs, inin spite of PWs arguments arguments6'being insufficient to "being insufficient demonstrate a genuine materialmaterial dispute with the Pilgrim Pilgrim SAMA analysis's analysis's current overall overall cost-conclusions:~1 because benefit conclusions,'"

benefit thei'SAMA because the calculations ultimately "SAMA economic cost calculations ultimately depend depend upon upon results of the meteorological the results modeling:~2 The meteorological modeling.'" -The Commission Commission explicitly explicitly excluded excluded any"distinct anyUdistinct costs' or 'evacuation

'economic costs' 'evacuation times' challenges challenges that extend extend beyond beyond [PWs]

[PWs] meteorological meteorological modeling concerns:~3 The Commission modeling concerns.'" Commission discussed discussed PWs opposition opposition to summary disposition disposition regarding economic costs and regarding and affirmed affirmed the Board's PW6'faiIedto present Boards findings that PW'failed present probative evidence countering significantly probative countering the Entergy Entergy expert evidence and and supplemental supplemental analysis on economic costS:~4 analysis In addition, costs.'" In addition, the Commission Commission also also noted noted that"[pW]

that"[PW] provide[d]

provide[d] no supported evidence raising supported raising a genuine material material dispute with the SEISsSElSs conclusion conclusion that 'further adjustments to moremore precisely account for business business and and tourism tourism would would not change the overall overall Analysis.'~5 conclusions of the SAMA ~nalysis.~

Commission, in The Commission, in remanding remanding a small small portion portion of the economic costs costs to the Board, Board, contemplated that the hearing apparently contemplated hearing would involve involve a two step process.

process. Repeatedly, Repeatedly, the Commission emphasized Commission emphasized that the remand Contention 3 included remand of Contention included economic costscostsfionly "only to the Board's merit findings on the adequacy of the meteorological extent that Board's meteorological modeling modeling may havehave a material impact on the economic cost matters material matters raised raised and and admitted Contention 3.

admitted as part of Contention 16 3.16 hearing must first address whether PWs meteorological The hearing meteorological concerns concerns are sufficient to call call into 11 l 1 Commission's Order at 36.

l 2 'd.

12 Id. at 36.

13 l 3 'd.

Id. at 27.

27 14 l4 'd.

Id. at 36.

36.

15 15 'd.

Id. at 36 (citing (citing NUREG-1437, NLIREG-1437, Supplement 29, 29, Generic Environmental Environmental Impact Statement Statement for License Renewal License Renewal of Nuclear Plants, Plants, Regarding Regarding Pilgrim Pilgrim Nuclear Nuclear Power Station, Station, Final Final Report Report Appendices Appendices (July 2007) at G-18).

G-18).

16 l6 'd.

Id. at 37.

37.

17 Pilgrim SAMA analysis' conclusions.

question the Pilgrim conclusions.17 Board concludes If the Board concludes that the Pilgrim Pilgrim SAMA conclusions are challenged challenged by the meteorological meteorological modeling modeling concerns, concerns, then the Board Board may examine how the economic costs raised raised by PW-Ioss PW-loss of tourism tourism and and business value-would value-would impacted by the meteorological be impacted concern^.'^

meteorological concerns. 18 Commission structured The Commission structured the analysis for hearing utilizing hearing utilizing the two step process process in in order to fully develop the record record on the single issue issue remaining in remaining in dispute between between the parties, parties, i.e.

i.e. the use use of additional additional meteorological meteorological data and/or 19 meteorological models.

alternative meteorological models.lg In order for the Board In Board to determine if PWs meteorological meteorological concerns would concerns would result result in in newly identified identified cost-beneficial SAMAs, the SAM cost-beneficial SAMAs, SAMA A analysis needs to be conducted be conducted such that only the meteorological meteorological data and and models models are altered.

altered. If the analysis presented by the parties engaged presented engaged inin multiple multiple changes changes unrelated unrelated to PWs meteorological meteorological concerns, the Commission concerns, Commission and and the Board Board would not be be able to determine which change, change, if any, any, resulted in resulted in the identification identification of a newly cost-beneficial cost-beneficial SAMA.

SAMA. Thus, Thus, the Board Board should should structure structure meteorological concerns are evaluated hearing to ensure that PWs meteorological the hearing evaluated independently of any other changes to the modeling.modeling. To do otherwise otherwise would resolve the Commission's would fail to resolve Commission's stated stated issue-'Lvhether the Pilgrim issue....!Whether Pilgrim SAMA analysis resulted resulted in in erroneous conclusion conclusion on the SAMAs found to be cost-beneficial found cost-beneficial to implement' implement'because because of the use of the Gaussian Gaussian plume plume model model 20 incorporated in incorporated in the ATMOS modulemodule to the MACCS2 MACCS2 code.code.20 Thus, the scope of the remanded Thus, remanded Contention 3 should Contention should exclude any challenges to economic costs issues regarding regarding Pilgrim's Pilgrim's SAMA analysis, and analysis, and only consider the effect of the meteorological meteorological issues on loss of tourism tourism and and 17 17 Id.

Id. at 27.

27.

18 18 Commission's Commission's Order at 29. 29.

19 19 Id. 36-37.

Id. at 27, 36-37.

20 20 See Id. 36-37.

Id. at 36-37.

business value business value after determining determining if those same meteorological meteorological issues issues would result in would result in the identification of a newly cost-beneficial identification cost-beneficial SAMA.

SAMA.

B. Evacuation B. Evacuation Times Are Excluded Excluded from Remanded Remanded Contention Contention 3 Commission's Order affirmed The Commission's affirmed the Boards holding holding that"none thatC'noneof [PWs]

[PWs] argument regarding evacuation speed regarding speed and and timing, timing, traffic and and other delays,delays, shadow evacuation, evacuation, etc.,

etc., raise raise material dispute for hearing a genuine material hearing over the current evacuation evacuation times assumptions in in the Pilgrim analysis.'"121 The Commission Pilgrim SAMA analysis: Commission notednoted that PW failed failed to contest that two scenarios scenarios resulting in resulting in 95% requirel'at 95% of the risk require 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> "at least 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> after initiation initiation of the accident until until a release release would begin."'122 Simply, would begin: Simply, the severe severe accidents most likely to result result inin large large economic costs would would 23 be affected by any delays in not be in the evacuation progre~sion.'~

evacuation due to their slow progression. Finally, the Finally, Commission's Order found that"[PW]

Commission's thatU[PW]presented presented no supported supported argument raising raising a genuine 124 material dispute over the bounding material bounding nature nature of Sensitivity Case Case 6: 6."4 Case 6 of Since Sensitivity Case Pilgrim SAMA analysis bounded Pilgrim bounded all the issues issues regarding regarding evacuation evacuation timing timing issues, issues, the Board Board need not consider it any further on remand.

need remand. Thus, Thus, the scope scope of remanded remanded Contention Contention 3 should should exclude any challenges to evacuation exclude evacuation time issues regarding regarding Pilgrim's Pilgrim's SAMA analysis.

analysis.

C. PWs Other Concerns C. Concerns With the SAMA Analysis Are Also Excluded Excluded From From Remanded Remanded Contention 3 Contention Both before Both before the Commission Commission and and during during the scheduling scheduling conference conference with the Board Board on May 4,4, 2010, 2010, PW alleged alleged that scope scope of remanded remanded Contention Contention 3 should should include challenges challenges to decontamination, health decontamination, health costs, costs, cancer mortality risk, risk, and and spent fuel pool pool fires among among others.

others.

However, the Commission However, Commission was clear that these issues issues were either not encompassed encompassed or 21 21 Commission's Order at 35.

22 22 Id.

Id. at 35.

23 23 Id.

Id. at 35.

Id. at 35.

24 Id. 35. "Sensitivity Case 6 'assessed the population 6 'assessed population as though they were continuing their regular activities" and and "assessed "assessed the shadow evacuation . . . ."" Id.

evacuation .... Id.

supported supported by PWs bases bases for Contention Contention 3 or beyond beyond the scope of the SAMA analysis. analysis. InIn reference to decontamination reference decontarrlination costs, costs, health health costs, costs, and and increased increased cancer mortality, mortality, the Commission affirmed Commission affirmed the Board's Board's holding holding that"[t]hese that"[t'Jheseclaims simply were not encompassed encompassed by the specific business-related business-related bases-e.g.

bases-e.g. 'economic infrastructure infrastructure and and tourism'-proffered tourism'-proffered by [PW] [PW]

in in contention 3:~5 In regard contention 3.'25 regard to spent fuel pool pool fires, fires, the Commission Commission heldheld that"[t]hese thatV[t]heseclaims fallfall beyond the scope of NRC beyond NRC SAMA SAlVlA analysis analysis and and impermissibly regulations:~6 Thus, irr~permissiblychallenge our regu~ations."~ Thus, newly asserted challenges by PW should these newly should be be excluded excluded from the scope of remanded remanded Contention 3.

Contention 3.

II.

II. The Staff Supports the Appointment of a Settlement Judge by the Chief Administrative Administrative Judqe Judge The Staff supports the appointment of a settlement judge by the Chief Administrative Administrative Judge. A settlement judge may aid Judge. aid the parties parties inin resolving resolving the issues that prevented prevented settlement settlement portion of these proceedings.

during the earlier portion proceedings. The appointment of a settlement judge may help to preserve judicial and also help and party resources resources that would be be expended expended in in conducting conducting a hearing that could hearing could be be settled settled more efficiently, efficiently, amicably, amicably, and and to the parties' parties'mutual satisfaction mutual satisfaction mediation with the settlement judge.

through mediation Ill.

III. Proposed Schedule The Staffs Proposed Schedule attached, as Exhibit 1, The Staff has attached, 1, a proposed proposed schedule through through the filing filing of responses to the proposed responses proposed findings of fact and and conclusions conclusions of law.

law. The Staff proposes proposes that the hearing be evidentiary hearing be conducted conducted starting starting on October 19, 201o 27. The 19, 2010. ~ ~Staffs Staffs proposed proposed schedule schedule 25 25 Commission's Order at 31. 31 26 26 Id. at 33.

Id.

27 27 Although the Staff would prefer to propose an earlier date for the conduct of the hearing, hearing, the existing limitations on their ability to prepare Staff's experts have existing prepare for and travel to a hearing.

hearing. The Staff's experts are unable to beginbegin their review until July 2010. During During August 2010, 2010, the Staff's experts would would not be able to travel to participate in in a hearing.

hearing. The Staff also notes that RoshRosh Hashanah Hashanah and Yom Kippur occur on September 8-10,2010, Kippur 8-10, 2010, and September 17, 17, 2010.

2010.

addresses only a hearing addresses hearing limited limited to the effects effects of the PWs meteorological meteorological concerns on the identification identification of newly cost-beneficial SAM AS.^^ The Commission's cost-beneficial SAMAs.28 Commission's Order explicitly contemplated contemplated Board would that the Board meteorological concerns were make its findings on whether PWs meteorological would first make material to Pilgrim's material Pilgrim's SAMA analysis. 29 Regardless ana~ysis.~' Regardless of the how the Board Board proceeds proceeds on PWs meteorological issues, meteorological issues, the hearing hearing should should not address and and the parties parties should should not be be allowed allowed to corr~inglearguments regarding corningle regarding both both the meteorological meteorological effects on the SAMA analysis and and the meteorological effects on economic costs, meteorological costs, as the Board's Boards finding finding of whether PWs meteorological meteorological concerns have a material concerns material effect on the Pilgrim's necessaw predicate Pilgrim's SAMA analysis is a necessary predicate to determining whether the meteorological determining meteorological concerns concerns affect the economic costs-Leo costs-i.e. loss loss of tourism tourism 3D and business value.

and value.30 Thus, limiting Thus, limiting the hearing hearing to whether PWs meteorological meteorological concerns concerns cost-beneficial SAMA will result would identify a newly cost-beneficial result in resolution of the in the most efficient resolution issues before issues before the Board Board and and minimize minimize the expenditure expenditure of valuable valuable judicial andand party resources resources on issues that are conditionally within scope only after the Board Board finds that Pilgrim's SAMA analysis is materially affected by PWs meteorological analysis meteorological concerns concerns.. ..

CONCLUSION CONCLUSION Because the Commission Because Commission explicitly limited limited the scope of the remanded remanded Contention Contention 3 to whether any additional SAMAs would identified as cost-beneficial would be identified cost-beneficial when utilizing utilizing additional additional meteorological data and meteorological and alternative meteorological meteorological models, models, separate separate and and distinct challenges challenges to economic costs shouldshould bebe excluded excluded from the hearing hearing except as directly resulting resulting from from the meteorological changes.

meteorological changes. To the extent that PW pursuespursues other avenues of challenge including including Staff's proposed 28 The Staffs proposed schedule does not address any additional additional scheduling scheduling necessary shouldshould Board find the Board find that PW's PW's meteorological meteorological concerns would in the identification would result in identification of newly cost-beneficial cost-beneficial Pilgrim. The Staff would suggest that any additional SAMAs at Pilgrim. additional scheduling, scheduling, if necessary, necessary, be resolved resolved after Board's finding the Board's finding on on the single issue issue remanded by the Commission, Commission, as discussed above.above.

29 Commission's Commission's Order at 27,36.

27, 36.

30 30 Id.

Id.

evacuation timing, decontamination costs, evacuation costs, health health effects, effects, etc.,

etc., those issues issues should should also bebe excluded from the excluded .the scope of the contention contention and and the hearing.

hearing. Finally, Finally, the use use of a single single hearing hearing limited to whether PWs meteorological limited meteorological issues issues are material material to Pilgrim's Pilgrim's SAMA analysis analysis would would in the most efficient use result in use of resources resources and and clearest record record for the Board's Board's decision.

decision.

Respectfully submitted, Respectfully submitted, 1~&-

Susan L. Uttal Susan Uttal Brian G.

Brian Harris G. Harris Michael G.

Michael G. Dreher Counsel for NRC Counsel NRC Staff Dated at Rockville, Dated Rockville, Maryland Maryland 12th day of May, This 12th May, 2010 2010

Exhibit 1 Staffs Proposed Staff's Proposed Schedule For Pilgrim's License License Renewal Renewal Hearing Hearing Event Event Date Mandatory Disclosures, Mandatory Disclosures, FinalFinal List List of Witness, Witness, 28, 2010 May 28,2010 and Interested and Interested Governments identify if they intend to participate in intend in the Hearing Hearing Intervenors' Initial Intervenors' Initial Statements of Position, Position, Pre-Pre- 18, 2010 June 18, filed Direct filed Direct Testimony, Testimony, Affidavits, Affidavits, and and Exhibits Exhibits Entergy's Initial Entergy's Initial Statements of Position, Position, Pre-Pre- 19, 2010 July 19, Testimony, Affidavits, filed Direct Testimony, and Exhibits Affidavits, and Exhibits lnitial Statements Staff's Initial Statements of Position, Position, Pre-filed Pre-filed 19, 2010 July 19, Affidavits, and Direct Testimony, Affidavits, and Exhibits Exhibits Intervenors', Rebuttal Intervenors', Rebuttal Statements Statements of Position, Position, 16, 2010 August 16,2010 Pre-filed Rebuttal Pre-filed Rebuttal Testimony, Testimony, Affidavits, and Affidavits, and Exhibits Due Exhibits Motions in Motions in Limine and and Motions Motions for Cross- August 30, 30, 2010 2010 Examination Examination Responses to Motions Responses Motions in in Limine Limine and and Motions Motions September 13, 13, 2010 Cross-Examination for Cross-Examination Board Ruling Board Ruling on Motions in in Limine Limine and and September 23,23, 2010 2010 Motions for Cross-Examination Motions Cross-Examination Proposed Direct Examination Proposed Examination Questions Questions for 8, 2010 October 8,2010 Board to ask Witnesses Board Final Prehearing Final Prehearing Conference 12, 2010 October 12, Evidentiary Hearing Evidentiary Hearing Begins Begins 19, 2010 October 19,2010 Proposed Findings Proposed Findings of FactFact and and Conclusions Conclusions of November 19, November 19,201 20111 Law Responses to Proposed Responses Proposed Findings Findings of Fact and and December 3, 3,201 20111 Conclusions of Law Conclusions Exhibit 1 To NRC Staff's Initial Exhibit lnitial Brief In In Response Response To The Board's (Regarding Deadlines Order (Regarding Deadlines For Submission Submission Of Parties)

Parties)

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

))

ENTERGY NUCLEAR GENERATION GENERATION )

COMPANY AND ENTERGY NUCLEAR NUCLEAR ) Docket No.

Docket No. 150-293-LR 150-293-LR OPERATIONS, INC.

OPERATIONS, INC. ))

))

(Pilgrim Nuclear Generating (Pilgrim Generating Station) )

CERTIFICATE OF SERVICE CERTIFICATE SERVICE ofUNRC I hereby certify that copies of Initial Brief In "NRC Staffs Initial In Response Response The Board's Order (Regarding (Regarding Deadlines For Submission Deadlines PartiesJ'and6'Exhibit Submission Of Parties,. I-Staffs Proposed and "Exhibit 1-Staffs Proposed Schedule Schedule for Pilgrim's Pilgrim's License Renewal License Renewal Hearing' Hearing in in the above-captioned above-captioned proceeding proceeding have have been been served served on the following following mail and by electronic mail and by deposit in in the U.S.

U.S. Nuclear Regulatory Regulatory Commission's Commission's internal internal mail mail system, or, as indicated system, (*), by electronic mail indicated by an asterisk (*), mail and and by deposit in in the U.S.

U.S. Mail Mail system this 1ih 2thday of May, May, 2010.

2010.

Administrative Judge Administrative Judge Administrative Richard F.

Richard F. Cole B. Abramson Paul B.

Paul Atomic Safety and and Licensing Licensing Board Board Panel Panel Atomic Safety and and licensing Licensing Board Board Panel Panel Mail Stop:

Mail Stop: T-3F23 Mail Stop:

Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission U.S. Commission U.S. Nuclear Regulatory Commission U.S. Commission Washington, DC Washington, DC 20555-0001 20555-0001 Washington, DC Washington, DC 20555-0001 20555-0001 E-mail: Richard.Cole@nrc.gov E-mail: Richard.Cole@nrc.gov E-mail: PauI,Abramson@nrc.gov E-mail: Paul.Abramson@nrc.gov Administrative Judge Office of Commission Office Commission Appellate Arm Marshall Young, Ann Marshall Young, Chair Adjudication Atomic Safety and and Licensing Licensing Board Board Panel Panel Mail Stop:

Mail Stop: 0-16G4 Mail Stop:

Mail Stop: T-3F23 U.S. Nuclear Regulatory Commission U.S. Commission Commission U.S. Nuclear Regulatory Commission Washington, DC Washington, DC 20555-0001 20555-0001 Washington, DC Washington, DC 20555-0001 20555-0001 OCAAMAIL.Resource@nrc.gov E-mail: OCAAMAIL.Resource@nrc.gov E-mail:

E-mail: Ann.Young@nrc.gov E-mail: Ann.Younn@nrc.gov Atomic Safety and and Licensing Licensing Board Board Office of the Secretary Mail Stop:

Mail Stop: T-3F23 Attn: Rulemakings Rulemakings and and Adjudications Staff U.S. Nuclear Regulatory Commission U.S. Commission Mail Stop:

Mail Stop: 0-16G4 Washington, DC Washington, DC 20555-0001 20555-0001 U.S. Nuclear Regulatory Commission U.S. Commission INTERNAL MAIL ONLY)

(VIA INTERNAL Washington, DC Washington, DC 20555-0001 20555-0001 Hearing.Docket@nrc.qov E-mail: Hearing.Docket@nrc.qov E-mail:

Slocum Hollis*

Sheila Slocum Hollis* Terence A. Burke, Burke, Esq.*

Duane Morris Duane Morris LLP Entergy Nuclear 1667 K Street, 1667 Street, NW, NW, Suite 700 1340 Echelon 1340 Echelon Parkway Washington, Washington, DCDC 20006 Mail Stop:

Mail Stop: M-ECH-62 M-ECH-62 sshollis@duanemorris.com E-mail: ssholiis@duanemorris.com E-mail: Jackson, MS Jackson, MS 39213 E-mail: tburke@entergy.com E-mail: tburke@entergy.com Lampert*

Mary Lampert* David R.

David R. Lewis, Lewis, Esq*.

Esq*.

148 Washington Street 148 Paul A. Gaukler, Paul Gaukler, Esq.

Esq.

Duxbury, MA 02332 Duxbury, Pillsbury, Winthrop, Shaw, Pillsbury, Winthrop, Shaw, Pittman, Pittman, LLP marv.lampert~comcast.net E- mail: mary.lampert@comcast.net E-mail: Street, NW 2300 N Street, Washington, Washington, DC DC 20037-1137 20037-1 137 david.lewis~~illsburylaw.com E-mail: david.lewis@pillsburylaw.com E-mail:

paul.saukler@pillsburvlaw.com paul.gaukler@pillsburylaw.com Kevin M.

Chief Kevin M. Nord* Town Manager*

Fire Chief & Director Duxbury Emergency Plymouth Town of Plymouth Management Agency 11 Lincoln 11 Lincoln St.

St.

668 Tremont Street Plymouth, MA 02360 Plymouth, Duxbury, MA 02332 Duxbury, E-mail: marrighi@townhall.plymouth.ma.us E-mail: marrighi@townhall.plymouth.ma.us nord@town.duxburv.ma.us E-mail: nord@town.duxbury.ma.us E-mail:

Richard R.

Richard R. MacDonald* Brock, Esq.

Matthew Brock, Esq.**

Town Manager Assistant Attorney General, General, Chief 878 Tremont Street Environmental Protection Environmental Protection Division Division Duxbury, MA 02332 Duxbury, Office of the Attorney General Office General E-mail: macdonald@town.duxburv.ma.us E-mail: macdonald@town.duxbury.ma.us One Ashburton Place, 18th Ashburton Place, 18th Floor Boston, MA 02108 Boston, 02108 matthew.brock@state.ma.us E-mail: matthew.brock@state.ma.us E-mail:

~~

M~ ael G. reher Counsel for the NRC Counsel NRC Staff

Dreher, Michael From: Dreher, Michael Sent: Thursday, May 13, 2010 11:45 AM To: Young, Ann; Cole, Richard; Abramson, Paul; Cloyd, SherVerne; Valloch, Karen; Solomakos, Matina; Tucker, Katie; Docket, Hearing; 'mary.lampert@comcast.net';

'David.Lewis@Pillsburylaw.com'; 'Paul.Gaukler@Pillsburylaw.com';

'Jason.Parker@pillsburylaw.com'; 'tburke@entergy.com'; OCAAMAIL Resource;

'msylvia@townhall.plymouth.ma.us'; 'sshollis@duanemorris.com';

'nord@townofduxbury.ma.us'; 'macdonald@townofduxbury.ma.us';

'matthew.brock@state.ma.us' Cc: Uttal, Susan; Harris, Brian; Newell, Brian; Whorral, Matthew; Williamson, Edward; Jones, Andrea

Subject:

Correction -- Entergy Nuclear Generation Company and Entergy Nuclear Operations, Inc.

(Pilgrim Nuclear Power Station), Docket No. 50-293-LR Attachments: Corrected Exhibit 1 -- Staff's Proposed Schedule for Remanded Contention 3.doc; 05132010 Corrected Exhibit 1.pdf Good morning, Please find attached a corrected copy (in PDF and Word formats) of "NRC Staff Initial Brief in Response to the Board's Order, Corrected Exhibit 1." The Staff's filing yesterday contained a typographical error in Exhibit 1:

the proposed dates for submission of "Proposed Findings of Fact and Conclusions of Law" and Responses thereto should read "November 19, 2010" and "December 3, 2010," respectively. A corrected copy of Exhibit 1 is also being provided by mail. If you have any trouble opening the attachments, please let me know.

Best regards, Michael G. Dreher U.S. Nuclear Regulatory Commission Office of the General Counsel (301) 415-2314 michael.dreher@nrc.gov 1

Corrected Exhibit Corrected Exhibit 1 Staffs Proposed Staff's Proposed Schedule Schedule For Pilgrim's Pilgrim's License License Renewal Renewal Hearing Hearing Event Event Date Date Mandatory Mandatory Disclosures, Disclosures, Final Final List List of Witness, Witness, 28, 2010 May 28,2010 and Interested and Interested Governments identify identify if they intend to participate intend participate inin the Hearing Hearing 1 Intervenors' Intervenors' Initial Initial Statements Statements of Position, Position, Pre-Pre- 18, 2010 June 18, Testimony, Affidavits, filed Direct Testimony, Affidavits, and and Exhibits Exhibits Entergy's Initial Entergy's Initial Statements Statements of Position, Position, Pre- 19, 2010 July 19, 2010 filed Direct filed Direct Testimony, Testimony, Affidavits, and Exhibits Affidavits, and Exhibits Staterrlents of Position, lnitial Statements Staff's Initial Position, Pre-filed Pre-filed 19, 2010 July 19, Testimony, Affidavits, Direct Testimony, and Exhibits Affidavits, and Exhibits Intervenors', Rebuttal Intervenors', Rebuttal Statements Statements of Position, Position, August 16, 16, 2010 2010 Pre-filed Rebuttal Pre-filed Rebuttal Testimony, Testimony, Affidavits, and Affidavits, and Exhibits Due Exhibits Due Motions in Motions in Limine Limine andand Motions Motions for Cross-Cross- August 30, 30,2010 2010 Examination Examination Responses to Motions in Responses in Limine Limine andand Motions Motions September 13, September 13, 2010 Cross-Examination for Cross-Examination Board Ruling Board Ruling on Motions Motions in in Limine Limine and and September 23, 23, 2010 2010 Motions Motions for Cross-Examination Cross-Examination Proposed Direct Examination Proposed Examination Questions Questions for 8, 2010 October 8,2010 Board to ask Witnesses Board I

Final Prehearing Final Prehearing Conference Conference 12, 2010 October 12, 2010 Evidentiary Hearing Evidentiary Hearing Begins Begins 19, 2010 October 19, 2010 Proposed Proposed Findings Findings of Fact Fact and and Conclusions Conclusions of Noverrlber 19, November 19, 2010 Law Responses to Proposed Responses Proposed Findings Findings of Fact and and December 3, 3,2010 2010 Conclusions of Law Conclusions Corrected Exhibit Corrected Exhibit 1 To NRC NRC Staff's Initial Initial Brief In In Response Response To The Board's Board's (Regarding Deadlines Order (Regarding Deadlines For Submission Submission Of Parties)

Parties)

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

)

EN1-ERGY NUCLEAR ENTERGY NIJCLEAR OPERATIONS, OPERATIONS, INC. INC. ) Docket Docket No.

No. 50-293-LR 50-293-LR

)

(Pilgrim Nuclear Power Station)

(Pilgrim ) ASLBP No.

ASLBP No. 06-848-02-LR 06-848-02-LR

)

I.

CERTIFICATE OF SERVICE CERTIFICATE SERVICE hereby certify that copies of the "NRC I hereby "NRC Staff Initial Initial Brief in in Response Response to the Board's Board's Order, Order, Corrected Exhibit Corrected Exhibit 1" 1" in in the above-captioned above-captioned proceeding proceeding havehave beenbeen served served on the following following by mail and electronic mail and deposit in in the U.S.

U.S. Nuclear Regulatory Regulatory Commission's internal internal mail mail system, system, or, as indicated or, indicated by an an asterisk(*),

asterisk(*), by electronic mail mail and and deposit in in the U.S.

U.S. Mail Mail System, System, this 13th day of May, 13th May, 2010.

Administrative Administrative Judge Administrative Administrative Judge Richard F.

Richard F. Cole Cole Paul B.

Paul B. Abramson Abramson Atomic Safety andand Licensing Licensing Board Board Panel Panel Atomic Safety and and Licensing Licensing Board Board Panel Panel Mail Stop:

Mail Stop: TT-3F23

-3F23 Mail Stop:

Mail Stop: T-3F23 U.S. Nuclear Regulatory U.S. Regulatory Commission Commission U.S. Nuclear Regulatory U.S. Regulatory Commission Commission Washington, DC Washington, DC 20555-0001 20555-0001 Washington, DC Washington, DC 20555-0001 20555-0001 E-mail: Richard.Cole@nrc.gov E-mail: Richard.Cole@nrc.gov Paul.Abramson@nrc.nov E-mail: PauI.Abramson@nrc.gov E-mail:

Administrative Administrative Judge Commission Appellate Office of Commission Appellate Ann Marshall Marshall Young, Young, Chair Adjudication Atomic Safety andand Licensing Licensing Board Board Panel Panel Mail Stop:

Mail Stop: 0-16G4 Mail Stop: T Mail T-3F23

-3F23 Regulatory Commission U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory U.S. Regulatory Commission Commission Washington, DC Washington, DC 20555-0001 20555-0001 Washington, DC Washington, DC 20555-0001 20555-0001 E-mail: OCAAMAIL.Resource@nrc.gov E-mail: OCAAMAIL.Resource@nrc.nov E-mail: Ann.Young@nrc.gov E-mail:

Atomic Safety andand Licensing Licensing Board Board Secretary Office of the Secretary Mail Stop: T-3F23 Mail Attn: Rulemakings and Attn: Rulemakings and Adjudications Staff U.S. Nuclear Regulatory Commission U.S. Commission Mail Stop:

Mail Stop: 0-16G4 Washington, DC Washington, DC 20555-0001 20555-0001 U.S. Nuclear Regulatory U.S. Regulatory Commission Commission (Via Internal (Via Internal Mail Mail Only) Washington, DC Washington, DC 20555-0001 20555-0001 E-mail: Hearing.Docket@nrc.gov E-mail: Hearing.Docket@nrc.gov

Sheila Sheila Slocum Slocum Hollis Hollis *.

• . Terence A. A. Burke, Burke, Esq.

Esq.

• Duane Morris Duane Morris LLPLLP Entergy Nuclear Entergy 1667 1667 K Street, Street, NW, NW, Suite Suite 700 700 1340 Echelon 1340 Echelon Parkway Parkway Washington, Washington, DCDC 20006 20006 Mail Stop:

Mail Stop: M-ECH-62 M-ECH-62 E-mail:

E-mail: sshollis@duanemorris.com sshollis@duanemorris.com Jackson, MS Jackson, MS 39213 39213 E-mail: tburke@entergy.com E-mail: tburke@entersv.com Mary Mary Lampert Lampert

• David R.

David R. Lewis, Lewis, Esq.

Esq.

• 148 148 Washington Street Washington Street Paul A.

Paul A. Gaukler, Gaukler, Esq.

Esq. *

Duxbury, Duxbury, MAMA 02332 02332 Pillsbury, Winthrop, Pillsbury, Winthrop, Shaw, Shaw, Pittman, Pittman, LLP LLP E-mail:

E- mail: marv.lampert@comcast.net mary.lampert@comcast.net 2300 N 2300 N Street, Street, NW NW Washington, DC Washington, DC 20037-1137 20037-1 137 david.lewis~pillsbur~law.com E-mail: david.lewis@pillsburylaw.com E-mail:

paul.gaukler@pillsburylaw.com paul.gaukler@pillsburvlaw.com Chief Chief Kevin Kevin M.

M. Nord Nord

• Town Manager Town Manager

• Fire Fire Chief Chief && Director Director Duxbury Duxbury Emergency Emergency Town of Plymouth Town Plymouth Management Management Agency Agency 11 Lincoln 11 Lincoln St.St.

668 668 Tremont Tremont Street Street Plymouth, MA Plymouth, MA 02360 02360

Duxbury, Duxbury, MAMA 02332 02332 msylvia@townhall.plymouth.ma.us E-mail: msylvia@townhall.plymouth.ma.us E-mail:

E-mail:

E-mail: nord@town.duxbury.ma.us nord~town.duxburv.ma.us Richard R.

Richard R. MacDonald*

MacDonald* Matthew Brock Matthew Brock **

Town Town Manager Manager Assistant Attorney Assistant Attorney General, General, Chief Chief 878 878 Tremont Tremont Street Street Environmental Protection Environmental Protection Division Division

Duxbury, Duxbury, MAMA 02332 02332 Office of Office of the the Attorney Attorney General General E-mail:

E-mail: macdonald@town.duxbury.ma.us macdonald@town.duxbury.ma.us One Ashburton One Ashburton Place, Place, 18th 18th Floor Floor Boston, MA Boston, MA 02108 02 108 E-mail: matthew.brock@state.ma.us E-mail: matthew.brock@state.ma.us Respectfullysubmitted, Respectfully submitted, -

~jjw,j)g MichaelG.

Michael G. Dreher Dreher Counselfor Counsel for NRC NRC Staff Staff U.S.Nuclear U.S. NuclearRegulatory RegulatoryCommission Commission Office of Office of the the General General Counsel Counsel Stop--0-15D21 Mail Stop Mail 0-15D21 Washington, DC Washington, DC 20555 20555 Telephone: (301)

Telephone: (301) 415-2314 41 5-2314 E-mail: michael.dreher@nrc.gov E-mail: michael.dreher@nrc.gov Dateof Date of signature:

signature: May May 13, 13,2010 2010