ML103080076

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Response to Paul Gaukler'S Letter of October 20 Regarding Three Issues Raised, (Witness List, Sixth & Seventh Disclosures and Sworn Affidavit on 7th Disclosure)
ML103080076
Person / Time
Site: Pilgrim
Issue date: 10/27/2010
From: Lampert M
Pilgrim Watch
To: Gaukler P, Doris Lewis
NRC/SECY/RAS, Pillsbury, Winthrop, Shaw, Pittman, LLP
SECY RAS
References
50-293-LR, RAS J-292, ASLBP 06-848-02-LR
Download: ML103080076 (6)
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DOCKETED October 28, 2010 (8:00am)

OFFICE OF SECRETARY RULEMAKINGS AND October 27, 2010 ADJUDICATIONS STAFF BY FEDERAL EXPRESS & EMAIL Paul A. Gaukler David Lewis Pillsbury Winthrop Shaw Pitman LLP 2300 N St., Washington DC 20037-1122

Dear Paul and David:

I received Paul Gaukler's October 20 letter in which were raised three issues.

1. Witness List:

Mr. Gaukler asked Pilgrim Watch to provide a witness list. We disagree that the scope has been clarified. As you know, Pilgrim Watch filed a Motion with the NRC Commission asking for clarification of the scope on September 22, 2010. The Commission has not yetresponded. When the Commission responds, we expect that the scope will become crystal clear; and at that time Pilgrim Watch will enter into contracts with expert witnesses and provide a complete witness list and relied upon bases. We trust this is reasonable.

In the interim, in accordance with 10 C.F.R § 2.336 (a) (1) The name and, if known, the address and telephone number of any person, including any expert, upon whose opinion the party bases its claims and contentions and may rely upon as a witness, and a copy of the analysis or other authority upon which that person bases his or her opinion. They include, at this still unclear stage of the proceeding the following:

" Dr. Bruce Egan: Dr. Egan's CV is of record Pilgrim Watch Answer Opposing Entergy's Motion for Summary Disposition of Pilgrim Watch Contention 3, June 2007- Adams Accession Number ML071840568

  • Dr. Edwin Lyman: As a consequence of the October 26,Board Order regarding timeliness of the "averaging issue," I have emailed Dr. Lyman and asked for his assistance. When I receive confirmation, I will send his CV. However Dr. Lyman is a Senior Staff Scientist in Global Security Program at the Union of Concerned Scientists with a PhD in physics.

In the interim, Dr. Lyman's biographical information is on Adams at ML100291054 http://wba.nrc.gov:8080/ves/viewcontents.jsp

2. Sixth & Seventh Disclosures:

Mr. Gaukler said that a number of documents are either not easily accessible on the internet or are large documents for which citations are thought necessary; therefore, Paul asked for all of the documents in , numbering 16 via email or CD by mail and page citations. Dr. Bruce Egan is out of town and I will ask him for copies upon his return. In the interim, I know that copies of these documents were provided as Exhibits with Dr. Egan's Declaration for the NYAGO in their Motion for Summary Disposition on Contention 16/16A (DPR-26, DPR-641), August 28, 2009. I unsuccessfully searched Adams and have a request to the staff for the ML numbers. Further, I feel confident that your witness, Steve Hanna, has most of these documents or can easily access them. He is a contemporary of my witness, Bruce Egan. In fact, they have worked together on projects and co-authored reports, as you may know. Therefore I ask that you contact Steve Hanna and then request any documents that he either does not have or cannot easily get. I ask for your patience. Unlike your situation, I do not have any staff, assistance or a copy room.

3. Sworn Affidavit on 7 th Disclosure Last, Mr. Gaukler noted that the Pilgrim Watch's seventh disclosure was not accompanied by a sworn affidavit, citing 10 C.F.R. 2.336 (c). Old habits are hard to break; hopefully a new one has been formed.

Pilgrim Watch now provides a supplement to the 7h disclosure with an affidavit and will make every effort to continue in subsequent disclosures. It is attached.

I hope this addresses your concerns Sincerely, Mary Lampert Pilgrim Watch, pro se 148 Washington Street Duxbury, MA 02332 Cc: Service list via email

Attachment 1 Angevine, Wayne; Trainer, Michael; McKeen, Stuart; Berkowitz, Carl; Mesoscale meteorology of the New England coast. Gulf of Maine, and Nova Scotia: Overview, JOURNAL OF GEOPHYSICAL RESEARCH, VOL. 101, NO. D22, PP. 28,893-28,901, 1996 doi: 10.1029/95JD03271 http://www.agu.org/pubs/crossref/1996/95JD03271.shtml Planchon, 0; Damato, F; Dubreuil, V; Gouery, P;A method of identifying and locating sea-breeze fronts in north-eastern Brazil by remote sensing April 2006 http://journals.cambridge.org/action/displayAbstract;jsessionid=B78822076DEBDD5DB387F9C8138737 B8.tomcatl ?fromPage=online&aid=465851 Aijun Ding, Tao Wang, Ming Zhao, Tijian Wang and Zongkai Li,Simulation of sea-land breezes and a discussion of their implications on the transport of air pollution during a multi-day ozone episode in the Pearl River Delta of China, Atmospheric Environment Volume 38, Issue 39, December 2004, Pages 6737-6750 http://www.sciencedirect.com/science? ob=ArticleURL&_udi=B6VH3-4DS 8JBR-6&_user-l 0&_coverDate=l2%2F0 1%2F2004&_rdoc=l&_fmt=high&_orig=search&_sort=d&_docanch or=&view=c&_searchStrld= 1356948703 &_rerunOrigin=google&_acct=-C000050221 &_version=l &_url Version=0&_userid=t0&md5=00e6e91393ee 1181620bf3e5d474ba63 Copies Applicable Pages and Pages & Page Citations: Tracking and Predicting the Atmospheric Dispersion of Hazardous Material Releases Implications for Homeland Security, Committee on the Atmospheric Dispersion of Hazardous Material Releases Board on Atmospheric Sciences and Climate Division on Earth and Life Studies, National Research Council of the National Academies, 2003 http://www.nap.edu/openbook.php?isbn=0309089263.

Egan, B.A. 1975. "Turbulent Diffusion in Complex Terrain." Lecture notes for the American Meteorological Society Workshop on Meteorology and Environmental Assessment. September-October 1975. Boston, MA.

Egan, B.A., R. D'Errico, and C. Vaudo. 1978. "Assessing Air Quality Levels in Regions of Mountainous Terrain." World Meteorological Organization Symposium on Boundary-layer Physics Applied to Specific Problems of Air Pollution. June 1978. Norrk6ping, Sweden.

Egan, B.A., and R.J. Paine. 1986. "The Rough Terrain Diffusion Model and Its Use with Different Terrains." TAPPI Journal, 69(12).

Egan, B.A., and R.J. Paine. 1986. "The Applicability of the Rough Terrain Diffusion Model (RTDM) to Different Terrain Settings." Paper 4-2, Proceedings of the 1986 TAPPI Environmental Conference.

Atlanta, GA. TAPPI Press Egan, B. A., and D. Heinold. 1997. "A Guide to EPA's Risk Management Program Under Section 112(r) of the Clean Air Act: Strategies for Effective Compliance." Air and Waste Management Association, Pittsburgh, PA.

Egan, B.A. and W. H. Snyder. 2001: "Atmospheric Dispersion: Complex Terrain." Chapter in the "Encyclopedia of Environmetrics." John Wiley and Sons, West Sussex, UK

Egan, B.A. and B.L. Murphy. 2007: Forensic Air Dispersion Modeling and Analysis. Chapter 12:

Introduction to Environmental Forensics. Elsevier Academic Press. London Lavery, T.F., A. Bass, B. Greene, R.V. Hatcher, A. Venkatram, and B.A. Egan. 1982. "The Cinder Cone Butte Dispersion Experiment." Third Joint Conference on Applications of Air Pollution Meteorology, San Antonio, TX. Boston, MA. American Meteorological Society.

Lavery, T.F., B.R. Greene, B.A. Egan, and F.A. Schiermeier. 1983. "The EPA Complex Terrain Model Development Program." Extended Abstracts, Sixth Symposium on Turbulence and Diffusion, Boston, MA. American Meteorological Society.

Nordo, J., 1974: Quantitative estimates of long range transport of sulphur pollutants in Europe. Ann.

Meteor., 9,71-77 Paine, R.J., B.A. Egan, M.T. Mills and D.G. Strimaitis. 1987. "Applications of the Complex Terrain Dispersion Model." 80th Annual Meeting of the Air Pollution Control Assoc. NY, NY Paumier, J.O., S.G. Perry and D.J. Bums, 1990: CTDMPLUS: A Dispersion Model for Sources in Complex Topography, Part II: Performance Characteristics, Journal of Applied Meteorology 31(7): 646-660 Perry, S.G., 1992: A Dispersion Model for Sources Near Complex Topography. Part I: Technical Formulations. Journal of Applied Meteorology, 31(7):633-645 Srinivas, C.V., R. Venkatsen, A Simulation Study of dispersion of air borne radionuclides from a nuclear power plant under a hypothetical accidental scenario at a tropical coastal site, Nov., 22, 2004, Atmosphereic Environment 39 (2005) 1497-1511, available online at www.sciencedirect.com Venkatram, A., D. Strimaitis, D. DiChristofaro, J. Pleim, T. Lavery, A. Bass, and B. Egan. 1982. "The Development and Evaluation of Advanced Mathematical Models to Simulate Dispersion in Complex Terrain." Extended Abstracts, Third Joint Conference on Applications of Air Pollution Meteorology, San Antonio, TX. Boston, MA. American Meteorological Society

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of Docket # 50-293-LR Entergy Corporation Pilgrim Nuclear Power Station License Renewal Application October 13, 2010 CERTIFICATE OF SERVICE I hereby certify that both Pilgrim Watch's Supplement To Seventh Disclosure Statement and Response to Paul Gaukler's October 2 7ih Letter was served October 27, 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 Administrative Judge Attn: Rulemakings and Adjudications Richard F. Cole Staff Atomic Safety and Licensing Board Mail Stop 0-16 C I Mail Stop -T-3-F23 United States Nuclear Regulatory US NRC Commission [2 copies] Washington, DC 20555-0001 Administrative Judge Office of Commission Appellate Ann Marshall Young, Chair Adjudication Atomic Safety and Licensing Board Mail Stop 0-16 C I Mail Stop - T-3 F23 United States Nuclear Regulatory US NRC Commission Washington, DC 20555-0001 Washington, DC 20555-0001 Administrative Judge Atomic Safety and Licensing Board Paul B. Abramson Mail Stop T-3 F23 Atomic Safety and Licensing Board United States Nuclear Regulatory Mail Stop T-3 F23 Commission US NRC Washington, DC 20555-0001 Washington, DC 20555-0001

U.S. Nuclear Regulatory Commission Martha Coakley, Attorney General Office of Commission Appellate Matthew Brock, Assistant Attorney Adjudication General Commonwealth of Mail Stop: 0-16C1 Massachusetts Washington, DC 20555-0001 Office of Attorney General One Ashburton Place U.S. Nuclear Regulatory Commission Boston, MA 02108 Office of General Counsel Mail Stop: 0-15 D21 Mark Stankiewicz Washington DC 20555-0001 Town Manager, Town of Plymouth Susan L. Uttal, Esq. 11 Lincoln Street Marcia Simon, Esq. Plymouth MA 02360 Andrea Jones, Esq.

Brian Harris, Esq. Sheila Slocum Hollis, Esq.

Michael Dreher, Esq. Town of Plymouth MA Brian Newell, Paralegal Duane Morris, LLP 505 9"' Street, N.W. 1000 U.S. Nuclear Regulatory Commission Washington D.C. 20004-2166 Office of Nuclear Reactor Regulation Mail Stop: 01 -Fl Richard R. MacDonald Washington, DC 20555-0001 Town Manager, Town of Duxbury 878 Tremont Street Lisa Regner, Project Mgr. Plant Lic. Duxbury, MA 02332 Branch 1-1, Operator Reactor Licensing Washington, DC 20555-0001 Fire Chief & Director DEMA, Town of Duxbury Paul A. Gaukler, Esq. 688 Tremont Street David R. Lewis, Esq. P.O. Box 2824 Jason B. Parker, Esq. Duxbury, MA 02331 Pillsbury, Winthrop, Shaw, Pittman, LLP - 2300 N Street, N.W. Terence A. Burke, Esq.

Washington, DC 20037-1128 Entergy Nuclear Mail Stop M-ECH-62 Katherine Tucker Jackson, MS 39213 ASLB, Law Clerk U.S. Nuclear Regulatory Commission Mail Stop T-3-E2a Washington, DC 20555-0001 Mary Lampert Pilgrim Watch, pro se 148 Washington St.

Duxbury, MA 023332 October 27, 2010 2

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