ML101730182

Motion Requesting Leave to File Response to Judge Paul B. Abramson Decision on Recusal Motion (June 10, 2010)

ML101730182
Person / Time
Site:	Pilgrim
Issue date:	06/16/2010
From:	Lampert M Pilgrim Watch
To:	NRC/OCM
References
50-293-LR, ASLBP 06-848-02-LR, RAS J-245
Download: ML101730182 (4)

Text

'?AS

• DOCKETED USNRC June 16, 2010 (3:22p.m.)

OFFICE OF SECRETARY RULEMAKINGS AND UNITED STATES OF AMERICA ADJUDICATIONS STAFF NUCLEAR REGULATORY COMMISSION 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) )

June 16, 2010 MOTION REQUESTING LEAVE TO FILE RESPONSE TO JUDGE PAUL B.

ABRAMSON DECISION ON RECUSAL MOTION (JUNE 10, 2010)

Pilgrim Watch respectfully.files this Motion with the Commission for leave to file Pilgrim Watch Response To Judge Paul B. Abramson Decision On Recusal Motion (June 10, 2010) necessary in order for fairness to be accorded the Petitioner. It is a fourteen page response with attachments provided for the convenience of the Commission.

Pilgrim Watch could not have anticipated that Judge Abramson would have spent 20 pages adding new reasoning to defend his Decision. We believe his Decision requires a response in order for Pilgrim Watch to explain precisely why, despite his argument, we believe that the Commission should recuse Judge Abramson on the grounds that (1) he had extrajudicial knowledge of disputed evidentiary facts pertinent to this proceeding (28 U.S.C. §455(b)(2), and

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(2) his impartiality might reasonably be questioned (28 U.S.C. §455(a). Pilgrim Watch has consulted both the Applicant and NRC Staff.

Respectfully Submitted, Electronically signed by, Mary Lampert Pilgrim Watch, pro se 148 Washington Street Duxbury, MA 02332 June 16, 2010 CERTIFICATION BY PILGRIM WATCH'S REPRESENTATIVE PURSUANT TO 10C.F.R. § 2.323(b)

Pursuant to 10 C.F.R. 2.323(b), I certify that on June 16, 2010, I contacted counsel for Entergy and NRC Staff and they would oppose the Motion.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE U.S. NUCLEAR REGULATORY COMMISSION In the Matter of Docket # 50-293-LR Entergy Corporation Pilgrim Nuclear Power Station License Renewal Application June 16, 2010 CERTIFICATE OF SERVICE I hereby certify that Pilgrim Watch's Motion Requesting Leave To File Response To Judge Paul B. Abramson Decision On Recusal Motion (June 10, 2010) was served June 16, 2010 in the above captioned proceeding to the following persons by electronic mail this date, followed by deposit of paper copies in the U.S. mail, first class.

Secretary of the Commission Hon. William C. Ostendorff Attn: Rulemakings and Adjudications Staff Commissioner Mail Stop 0-16 C I U.S. Nuclear Regulatory Commission United States Nuclear Regulatory Washington, DC 20555-0001 Commission [2 copies]

Administrative Judge Ch. Gregory B. Jaczko Ann Marshall Young, Chair Chairman Atomic Safety and Licensing Board

.U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Washington, DC 20555-0001 US NRC Washington, DC 20555-0001 Hon. Kristine L. Svinicki Commissioner Administrative Judge U.S. Nuclear Regulatory Commission Paul B. Abramson Washington, DC 20555-0001 Atomic Safety and Licensing Board Mail Stop T-3 F23 Hon. George Apostolakis US NRC Commissioner Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Richard F; Cole Hon. William D. Magwood, IV Atomic Safety and Licensing Board Commissioner Mail Stop -T-3-F23 U.S. Nuclear Regulatory Commission US NRC Washington, DC 20555-0001 Washington, DC 20555-0001

Office of Commission Appellate Martha Coakley, Attorney General Adjudication Matthew Brock, Assistant Attorney General Mail Stop 0-16 C I Commonwealth of Massachusetts United States Nuclear Regulatory Office of Attorney General Commission One Ashburton Place Washington, DC 20555-0001 Boston, MA 02108 Atomic Safety and Licensing Board Mark Stankiewicz Mail Stop T-3 F23 Town Manager, Town of Plymouth United States Nuclear Regulatory 11 Lincoln Street Commission Plymouth MA 02360 Washington, DC 20555-0001 Sheila Slocum Hollis, Esq.

U.S. Nuclear Regulatory Commission Town of Plymouth MA Office of Commission Appellate Duane Morris, LLP Adjudication 505 9 th Street, N.W. 1000 Mail Stop: 0-16C1 Washington D.C. 20004-2166 Washington, DC 20555-0001 Richard R. MacDonald U.S. Nuclear Regulatory Commission Town Manager, Town of Duxbury Office of General Counsel 878 Tremont Street Mail Stop: 0-15 D21 Duxbury, MA 02332 Washington DC 20555-0001 Susan L. Uttal, Esq. Fire Chief & Director DEMA, Marcia Simon, Esq. Town of Duxbury Andrea Jones, Esq. 688 Tremont Street David Roth, Esq. P.O. Box 2824 Brian Harris, Esq. Duxbury, MA 02331 Brian Newell, Paralegal Terence A. Burke, Esq.

U.S. Nuclear Regulatory Commission Entergy Nuclear Office of Nuclear Reactor Regulation Mail Stop M-ECH-62 Mail Stop: 011-FI Jackson, MS 39213 Washington, DC 20555-0001 Lisa Regner, Project Mgr. Plant Lic.

Branch 1-1, Operator Reactor Licensing Washington, DC 20555-0001 Paul A. Gaukler, Esq.

David R. Lewis, Esq.

Jason B. Parker, Esq.

Pillsbury, Winthrop, Shaw, Pittman, LLP -

2300 N Street, N.W.

Washington, DC 20037-1128 Mary Lampert Pilgrim Watch, pro se 148 Washington St.

Duxbury, MA 023332 2