ML102450185
| ML102450185 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 09/02/2010 |
| From: | Abramson P, Cole R, Austin Young Atomic Safety and Licensing Board Panel |
| To: | |
| SherVerne Cloyd 301-415-6504 | |
| References | |
| 06-848-02-LR, 50-293-LR, RAS J-265 | |
| Download: ML102450185 (5) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Ann Marshall Young, Chair Dr. Paul B. Abramson Dr. Richard F. Cole In the Matter of:
ENTERGY NUCLEAR GENERATION COMPANY AND ENTERGY NUCLEAR OPERATIONS, INC.
(Pilgrim Nuclear Power Station)
Docket No. 50-293-LR ASLBP No. 06-848-02-LR September 2, 2010 ORDER (Scheduling Telephone Conference)
On September 15, at 2:00 p.m. EDT, the Licensing Board will hold a telephone conference to address scheduling issues relating to the adjudication of Contention 3. All parties shall be prepared with the availability of all persons needed for the discussion of scheduling issues. Parties should expect an email early next week containing the phone number and pass code needed to access the conference call.
For the information of the parties, in the adjudication of Contention 3 the Board will first consider whether the meteorological modeling in the Pilgrim SAMA analysis is adequate and reasonable to satisfy NEPA, and whether accounting for the meteorological patterns/issues of concern to Pilgrim Watch could credibly alter the Pilgrim SAMA analysis conclusions on which SAMAs are cost-beneficial to implement. In analyzing this issue, the Board will consider, in addition to other appropriate evidence and argument, whether Pilgrim Watchs concerns about the NRCs practice regarding SAMA analyses using mean consequence values, resulting in an averaging of potential consequences, were timely raised, and if so, whether such concerns could bring into question the reasonableness of this NRC practice.
If the Board, in analyzing the issue of the adequacy of the meteorological modeling in the Pilgrim SAMA analysis, determines that such modeling is adequate and reasonable under NEPA, and that there is no significant meteorological modeling deficiency calling into question the Pilgrim SAMA cost-benefit analysis conclusions, then the Boards action on the adjudication on remand would be complete.
If, on the other hand, in considering and ruling on the adequacy of the meteorological modeling in the Pilgrim SAMA analysis, the Board finds any meteorological modeling deficiencies that could call into question the Pilgrim SAMA cost-benefit analysis conclusions, at that point the Board would consider whether and the extent to which certain issues the Commission indicated (in CLI-10-11) might be open for adjudication should be adjudicated.
These issues are:
(1) The extent to which the evacuation matters raised and admitted as part of Contention 3 could call into question the cost benefit analysis conclusions in the Pilgrim SAMA analysis.
See Entergy Nuclear Generation Co. and Entergy Nuclear Operations Inc. (Pilgrim Nuclear Power Station), CLI-10-11, 71 NRC __, __ (slip op. at 35 n.136) (Mar. 26, 2010).
(2) The extent to which the economic cost matters raised and admitted as part of Contention 3 could call into question the cost benefit analysis conclusions in the Pilgrim SAMA analysis. See id. at 36-37.
THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
Ann Marshall Young, Chair ADMINISTRATIVE JUDGE
/RA/
Dr. Paul B. Abramson ADMINISTRATIVE JUDGE
/RA/
Dr. Richard F. Cole ADMINISTRATIVE JUDGE Rockville, Maryland September 2, 20101 1 Copies of this Order were provided to all parties and/or representatives for parties by e-mail transmission on this date.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
ENTERGY NUCLEAR GENERATION CO. )
AND
)
ENTERGY NUCLEAR OPERATIONS, INC. )
Docket No. 50-293-LR
)
(Pilgrim Nuclear Power Station)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (SCHEDULING TELEPHONE CONFERENCE) have been served upon the following persons by U.S. mail, first class, or through NRC internal mail.
U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Mail Stop: T-3 F23 Washington, DC 20555-0001 Administrative Judge Ann Marshall Young, Chair Administrative Judge Richard F. Cole Administrative Judge Paul B. Abramson Katherine Tucker, Law Clerk U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop: O-15 D21 Washington, DC 20555-0001 Susan L. Uttal, Esq.
Andrea Z. Jones, Esq.
Brian G. Harris, Esq.
Michael G. Dreher, Esq.
Brian Newell, Paralegal U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Mail Stop: O-16C1 Washington, DC 20555-0001 Lisa Regner Senior Project Manager Division of License Renewal Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Mail Stop: O11 F-1 Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission Office of Secretary of the Commission Mail Stop: O-16C1 Washington, DC 20555-0001
Docket No. 50-293-LR LB ORDER (SCHEDULING TELEPHONE CONFERENCE) 2 Terrence A. Burke, Esq Entergy Nuclear 1340 Echelon Parkway Mail Stop: M-ECH-62 Jackson, MS 39213 David R. Lewis, Esq.
Paul A. Gaukler, Esq.
Jason B. Parker, Esq.
Pillsbury, Winthrop, Shaw, Pittman, LLP 2300 N. Street, N.W.
Washington, DC 20037-1128 Kevin M. Nord, Fire Chief & Director Duxbury Emergency Management Agency 668 Tremont Street Duxbury, MA 02332 Matthew Brock, Assistant Attorney General Office of the Attorney General Environmental Protection Division One Ashburton Place, 18th Floor Boston, MA 02108 Mary Lampert, Director Pilgrim Watch 148 Washington Street Duxbury, MA 02332 Melissa Arrighi Acting Town Manager Town of Plymouth MA Town Managers Office 11 Lincoln Street Plymouth, MA 02360 Sheila Slocum Hollis, Esq.
Duane Morris, LLP Town of Plymouth MA 505 9th Street, NW, Suite 1000 Washington, DC 20004-2166
[Original signed by Evangeline S. Ngbea]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 2nd day of September 2010.