ML101800486
| ML101800486 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 06/23/2010 |
| From: | Doris Lewis Entergy Nuclear Generation Co, Entergy Nuclear Operations, Pillsbury, Winthrop, Shaw, Pittman, LLP |
| To: | NRC/OCM |
| SECY RAS | |
| References | |
| 50-293-LR, ASLBP 06-848-02-LR, RAS J-250 | |
| Download: ML101800486 (4) | |
Text
DOCKETED
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USNRC June 23, 2010 (1:13p.m.)
)FFICE OF SECRETARY RULEMAKINGS AND June23,2010 NDJUDICATIONS STAFF UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Commission In the Matter of
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Entergy Nuclear Generation Company and )
Docket No. 50-293-LR Entergy Nuclear Operations, Inc.
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ASLBP No. 06-848-02-LR
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(Pilgrim Nuclear Power Station)
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ENTERGY'S OPPOSITION TO PILGRIM WATCH'S MOTION REQUESTING LEAVE TO FILE RESPONSE TO JUDGE ABRAMSON'S DECISION ON RECUSAL MOTION Pursuant to 10 C.F.R. § 2.323(c), Entergy Nuclear Generation Company and Entergy Nuclear Operations, Inc. (collectively, "Entergy") hereby oppose the "Motion Requesting Leave To File Response To Judge Paul B. Abramson Decision On Recusal Motion (June 10, 2010)"
("Request for Leave"), filed by Pilgrim Watch on June 16, 2010. There are no provisions in the Commission rules permitting a movant for disqualification to reply to the judge's ruling after it is referred to the Commission. Moreover, in addition to its original recusal motion,1 Pilgrim Watch has already filed two additional, unauthorized replies before Judge Abramson. 2 There is no basis to allow Pilgrim Watch a fourth bite at the apple.
Further, Entergy requests that the Commission affirm Judge Abramson's decision expeditiously, because as his decision indicates, the Licensing Board is awaiting the Commission's decision before moving forward with the proceeding. 3 Moreover, Entergy is Pilgrim Watch Motion on Behalf of Pilgrim Watch for Disqualification of Judge Paul B. Abramson in the Pilgrim Nuclear Power Station Relicensing Proceeding at 1-2 (May 14, 2010) ("Recusal Motion").
2 See Pilgrim Watch Request for Permission, and Reply to Entergy's Opposition To Pilgrim Watch Motion to Disqualify Judge Abramson. (May 24, 2010); Pilgrim Watch Request for Permission, and Reply to NRC Staff s Response To Pilgrim Watch Motion To Disqualify Judge Abramson (May 26, 2010).
Decision (Denying Motion on Behalf of Pilgrim Watch for My Self-Disqualification from the Remand Proceedings and Referring Motion to the Commission) at 20 (June 10, 2010).
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concerned that Pilgrim Watch's Recusal Motion and Request for Leave are part of a concerted effort by Pilgrim Watch to delay completion of this proceeding. For example, after the Commission issued its remand in CLI 11, Pilgrim Watch asserted that it would be unable for over a month to participate in a conference call with the Licensing Board to discuss the schedule on remand.4 Pilgrim Watch has also taken the position that the hearing should not begin until late November because witnesses are unable to begin working on testimony until September.5 As a result, nearly three months after issuance of CLI-1 0-11, there is not yet any schedule for the remanded proceeding. This is inconsistent with the Commission's Policy Statement on Adjudications, which says "applicants for a license are also entitled to prompt resolution of disputes concerning their application." Statement of Policy on Conduct of Adjudicatory Proceedings, CLI-98-12, 48 N.R.C. 18, 24 (1998). It is also inconsistent with the Commission's Principles of Good Regulation, which say "[r]egulatory decisions should be made without undue delay" and "[r]egulatory actions should always be... promptly, fairly, and decisively administered so as to lend stability to the nuclear operational and planning processes.",6 Respect
- itted, David R. Lewis Paul A. Gaukler PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, NW Washington, DC 20037-1128 Tel. (202) 663-8000 Counsel for Entergy Dated: June 23 2010 4 See Pilgrim Watch Motion to Reschedule Setting Telephone Conference (April 6, 2010).
5 Pilgrim Watch Response to ASLB's May 5, 2010 Order (May 12, 2010) at 9.
6 http ://www.nrc.gov/about-nrc/values.html#principles.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Commission In the Matter of Entergy Nuclear Generation Company and Entergy Nuclear Operations, Inc.
(Pilgrim Nuclear Power Station)
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Docket No. 50-293-LR ASLBP No. 06-848-02-LR CERTIFICATE OF SERVICE I hereby certify that copies of"Entergy's Opposition to Pilgrim Watch's Motion Requesting Leave to File Response to Judge Abramson's Decision on Recusal Motion," dated June 23, 2010, were served on the persons listed below by deposit in the U.S. Mail, first class, postage prepaid, and where indicated by an asterisk, by electronic mail, this 23rd day of June, 2010.
- Secretary Att'n: Rulemakings and Adjudications Staff Mail Stop 0-16 C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 secy@nrc.gov; hearingdocket@nrc.gov
- Hon. Gregory B. Jaczko Chairman U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 chaiiman@nrc.gov
- Hon. William C. Ostendorff U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 cmrostendorff@nrc.gov
- Hon. George Apostolakis U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 cmrapostolakis@nrc.gov
- Office of Commission Appellate Adjudication Mail Stop 0-16 C I U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 ocaamail@nrc.gov
- Hon. Kristine L. Svinicki Commissioner U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 cmrsvinicki@nrc.gov
- Hon. William D. Magwood, IV U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 cmrmagwood@nrc.gov Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001
- Administrative Judge Ann Marshall Young, Esq., Chair
- Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 amy@nrc.gov
- Administrative Judge Paul B. Abramson Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 pba@nrc.gov
- Ms. Mary Lampert 148 Washington Street Duxbury, MA 02332 mary.lampert@comcast.net
- Sheila Slocum Hollis, Esq.
Duane Morris LLP 505 9th Street, NW Suite 1000 Washington, DC 20006 sshollis@duanemorris.com
- Chief Kevin M. Nord Fire Chief and Director, Duxbury Emergency Management Agency 688 Tremont Street P.O. Box 2824 Duxbury, MA 02331 nord@town.duxbury.ma.us
- Administrative Judge Dr. Richard F. Cole Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 rfcl @nrc.gov
- Susan L. Uttal, Esq.
- Andrea Z. Jones, Esq.
- Brian Harris, Esq.
- Michael G. Dreher Office of the General Counsel Mail Stop 0-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Susan.Uttal@nrc.gov; andrea.jones@nrc.gov; brian.harris@nrc.gov; michael.dreher@nrc. gov
- Matthew Brock, Assistant Attorney General Commonwealth of Massachusetts Office of the Attorney General One Ashburton Place Boston, MA 02108 Martha.Coakley@state.ma.us Matthew.Brock@state.ma.us
- Mr. Mark D. Sylvia Town Manager Town of Plymouth 11 Lincoln St.
Plymouth, MA 02360 msylvia@townhall.plymouth.ma.us
- Richard R. MacDonald Town Manager 878 Tremont Street Duxbury, MA 02332 macdonald@town.duxbury.ma.us David R. Lewis 2