ML103090377

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Email Pilgrim Watch Oct. 27 Letter Re Pw 6th and 7th Supplemental Disclosures and Transmitting Lyman Cv
ML103090377
Person / Time
Site: Pilgrim
Issue date: 11/05/2010
From: Lampert M
Pilgrim Watch
To: Gaukler P
Pillsbury, Winthrop, Shaw, Pittman, LLP, NRC/SECY
SECY/RAS
References
50-293-LR, ASLBP 06-848-02-LR, RAS J-297
Download: ML103090377 (13)


Text

Hearing Docket From: Mary Lampert [mary.lampert@comcast.net]

Sent: Friday, November 05, 2010 11 :33 AM To: 'Gaukler, Paul A.'

Cc: Docket, Hearing; OCAAMAIL Resource; Young, Ann; Cole, Richard; Abramson, Paul; Uttal, Susan; Jones, Andrea; Harris, Brian; msylvia@townhall.plymouth.ma.us; nord@town.duxbury.ma.us; macdonald@town.duxbury.ma.us; sshollis@duanemorris.com; Martha.Coakley@state.ma.us; Matthew.Brock@state.ma.us; 'Mitchell, Matilda'; Solomakos, Matina; Tucker, Katie; 'Glew Jr, William'; 'Cho, Jeanne'; 'Lewis, David R.'; 'Parker, Jason B.'

Subject:

RE: Response to Pilgrim Watch October 27 Letter Regarding Pilgrim Watch 6th and 7th Supplemental Disclosures Attachments: 1397 ED Lyman Attachment 1 (CV) Cont EC-2.pdf Hello Paul and David:

A quick and informal follow up to your letter.

Regarding your request for copies of disclosures identified as not easily accessible on the web:

The majority of the requests were submitted by the NYAGO as part of their Motion for Summary Disposition. NYAGO said that they had been submitted to NRC and should be on ADAMS. I could not locate them and asked NRC Electronic Library Help Desk for assistance.

They were most "helpful" but largely unsuccessful in finding the documents that we need. Dr.

Egan is back from the West Coast so I have asked him for copies directly. As soon as he provides them, I shall send them to you.

Regarding Expert Witnesses: Today, the NRC Commission issued a Memorandum and Order (CLI-10-28) on Pilgrim Watch's request for clarification of the scope. We hoped it would clarify the specific issues raised in our motion so that we would know precisely what experts would be required to best argue our position. However, no clarification was provided. We will have to mull over its meaning. However in the interim, it is clear that Dr. Bruce Egan, David 1.

Chanin and Dr. Edwin Lyman will be experts. Dr. Egan's and David Chanin's are on record.

Dr. Lyman is in Vienna; however in the interim I obtained a recent CV and it is attached.

I trust this is helpful to you and indicates our sincere effort and commitment to cooperate fully.

Thank-you and have a nice week-end, DOCKETED Mary Lampert November 5,2010 (11 :33a.m.)

Pilgrim Watch, pro se OFFICE OF SECRETARY RULEMAKINGS AND 148 Washington Street ADJUDICATIONS STAFF Duxbury, MA 02332


-~.

From: Gaukler, Paul A. [mailto:paul.gaukler@pilisburylaw.comJ Sent: Wednesday, November 03, 2010 3:46 PM 1

To: mary.lampert@comcast.net Cc: hearingdocket@nrc.gov; ocaamail@nrc.gov; Ann.Young@nrc.gov; Richard.Cole@nrc.gov; PauI.Abramson@nrc.gov; susan.uttal@nrc.gov; andrea.jones@nrc.gov; brian.harris@nrc.gov; msylvia@townhall.plymouth.ma.us; nord@town.duxbury.ma.us; macdonald@town.duxbury.ma.us; sshollis@duanemorris.com; Martha.Coakley@state.ma.us; Matthew.Brock@state.ma.us; Mitchell, Matilda; Matina.Solomakos@nrc.gov; Katie.Tucker@nrc.gov; Glew Jr, William; Cho, Jeanne; Lewis, David R.; Parker, Jason B.

Subject:

Response to Pilgrim Watch October 27 Letter Regarding Pilgrim Watch 6th and 7th Supplemental Disclosures Mary, attached is a letter responding to Pilgrim Watch's October 27, 2010 letter regarding Pilgrim Watch's Sixth and Seventh Supplemental Disclosures that we are sending out this afternoon. We look forward to hearing from you in regard to this letter.

Paul Gaukler Counsel for Entergy

<<Response to PW Disclosures letter (11-3-10).pdf>>

Paul Gaukler I Pillsbury Winthrop Shaw Pittman LLP Tel: 202.663.8304 I Fax: 202.663.8007 I Cell: 301.602.5881 2300 N Street, NW I Washington, DC 20037-1122 Email: paul.gaukler@pillsburylaw.com Bio: www.pillsburylaw.com/paul.gaukler 2

Lyman Attachment 1 Edwin Stuart Lyman Curriculum Vitre Education Ph.D, Cornell University, Theoretical Physics, August 1992.

M.S., Cornell University, Physics, January 1990.

A.B., summa cum laude, New York University, Physics, June 1986; Phi Beta Kappa.

Professional Experience May 1, 2003 - Present: Senior Staff Scientist, Union of Concerned Scientists.

June 2002 - April 2003: President, Nuclear Control Institute, Washington, D.C.

July 1995 - May 2002: Scientific Director, Nuclear Control Institute, Washington, D.C.

August 1992 - June 1995: Postdoctoral research associate, Center for Energy and Environmental Studies, Princeton University, Princeton, N1.

Spring 1995: Preceptor for Environmental Studies 302, "Perspectives on Environmental Issues:

Values and Policies."

Spring 1994: Lecturer, Woodrow Wilson School. Preceptor for WWS 304, "Science, Technology and Public Policy,"

July 1988 - June 1992: Graduate research assistant, Newman Laboratory of Nuclear Studies, Cornell University, Ithaca, NY. Conducted thesis research on high-energy physics under the supervision of Prof. S.H.-H. Tye.

August 198~June 1988: Andrew D. White Graduate Fellow, Physics, Cornell University.

Publications E. Lyman and D. Lochbaum, "Protecting Vital Targets: Nuclear Power Plants," in Homeland Security: Protecting America's Targets, Vol. III (1. Forest, ed.), Praeger, Westport, CT, 2006,157-173.

1. Beyea, E. Lyman and F. von Hippel, "Damages from a Major Release of 137CS Into the Atmosphere of the United States," Science and Global Security 12 (2004) 125-136.

G. Bllilll, C. Braun, A. Glaser, E. Lyman and F. Steinhausler, "Research Reactor Vulnerability to Sabotage by Terrorists," Science and Global Security 11 (2003)85-107.

D. Hirsch, D. Lochbaum and E. Lyman, "The NRC's Dirty Little Secret," Bulletin ofthe Atomic Scientists (MaylJune 2003).

R. Alvarez, 1. Beyea, K. Janberg, 1. Kang, E. Lyman, A. Macfarlane, G. Thompson and F.

von Hippel, "Reducing the Hazards from Stored Spent Power-Reactor Fuel in the United States,"

Science and Global Security 11 (2003) 1-51.

E. Lyman, "Revisiting Nuclear Power Plant Safety" (letter), Science 299 (2003), 202.

E. Lyman, "The Limits of Technical Fixes," in Nuclear Power and The Spread ofNuclear Weapons: Can We Have One Without the Other?" (P. Leventhal, S. Tanzer and S. Dolley, eds.),

Brassey's, Washington, DC, 2002, 167-182.

E. Lyman, "The Pebble-Bed Modular Reactor: Safety Issues," Physics and Society, American Physical Society, October 2001.

E. Lyman, "Public Health Risks of Substituting Mixed-Oxide for Uranium Fuel m Pressurized Water Reactors," Science and Global Security 9 (2001), 1.

E. Lyman and S. Dolley, "Accident Prone," Bulletin of the Atomic Scientists, March/April 2000,42.

E. Lyman and H. Feiveson, "The Proliferation Risks of Plutonium Mines," Science and Global Security 7 (1998), 119.

E. Lyman and P. Leventhal, "Bury the Stuff [Weapons Plutonium]," Bulletin of the Atomic Scientists, March/April 1997, 45.

E. Lyman, "Weapons Plutonium: Just Can It," Bulletin of the Atomic Scientists, NovemberlDecember 1996, 48.

F. von Hippel and E. Lyman, "Appendix: Probabilities of Different Yields," addendum to J.

Mark, "Explosive Properties of Reactor-Grade Plutonium," Science and Global Security 4 (1993),

125.

F. Berkhout, A. Diakov, H. Feiveson, H. Hunt, E. Lyman, M. Miller, and F. von Hippel, "Disposition of Separated Plutonium," Science and Global Security 3 (1993), 161.

E. Lyman, F. Berkhout and H. Feiveson, "Disposing of Weapons-Grade Plutonium," Science 261 (1993) 813.

P. Argyres, E. Lyman and S.H.-H. Tye, "Low-Lying States of the Six-Dimensional Fractional Superstring," Phys. Rev. D46 (1992) 4533.

2

S.-w. Chtu1g, E. Lyman and S.H.-H. Tye, "Fractional Supersymmetry and Minimal Coset Models in Conformal Field Theory," Int. 1. Mod. Phys A7 (1992) 3337.

Selected Reports E. Lyman (with M. Schneider et al.), "Residual Risk: An Account of Events in Nuclear Power Plants Since the Chernobyl Accident in 2006," commissioned by the Greens of the European Parliament, May 2007.

E. Lyman, "Chernobyl on the Hudson? The Health and Environmental Impacts of a Terrorist Attack at the Indian Point Nuclear Power Plant," commissioned by Riverkeeper, Inc.,

September 2004.

E. Lyman, "Safety Issues in the Sea Shipment of Vitrified High-Level Radioactive Wastes to Japan," report sponsored by the Nuclear Control Institute, Greenpeace International and Citizens' Nuclear Information Center Tokyo, December 1994.

E. Lyman, "Interim Storage Matrices for Excess Plutonium: Approaching the 'Spent Fuel Standard' Without the Use of Reactors," PU/CEES Report No. 286, Center for Energy and Environmental Studies, Princeton University, August 1994.

E. Lyman, "The Solubility of Plutonium in Glass," PU/CEES Report No. 275, Center for Energy and Environmental Studies, Princeton University, April 1993.

Selected Invited Talks and Testimony "Licensing Challenges for Fuel Cycle Facilities Under the Global Nuclear Energy Partnership," U.S. Nuclear Regulatory Fuel Cycle Information Exchange, Rockville, MD, June 12, 2007.

"The 'Nuclear Renaissance' and the Spread of Nuclear Weapons," American Physical Society Ohio Chapter Meeting, May 7, 2007.

"Recycling Nuclear Waste," American Physical Society Annual April Meeting, Jacksonville, FL, April 15, 2007.

"The Security Imperative of Eliminating Commercial Use ofHEU," presentation to the 3

Committee on Medical Isotope Production Without Highly Enriched Uranium, National Academy of Sciences, Washington, DC, February 15,2007.

"Recycling Nuclear Waste," Peace Studies Seminar, Cornell University, November 29, 2006.

Nuclear Power and Nuclear Proliferation," Citizens for Global Solutions conference, Washington, DC, November 13,2006.

Next-Generation Nuclear Plants: Safety and Security," presented at "Is Nuclear Power a Solution to Global Warming and Rising Energy Prices?," American Enterprise Institute conference, Washington, DC, October 6, 2006.

"Recycling Nuclear Waste: Technical Difficulties and Proliferation Concerns," Physics Department Colloquium, Case Western Reserve University, Cleveland, OH, September 14,2006.

"The Chernobyl Source Term: Implications for Nuclear Safety," international conference "Chornobyl +20: Remembrance for the Future," Kiev, Ukraine, April 23-25, 2006.

"Public Health Consequences of a Severe Accident or Attack at a Nuclear Plant," Nuclear Policy Research Institute Conference on Nuclear Power and Global Warming, Airlie House, Warrenton, VA, November 7, 2005.

Testimony before the Subcommittee on Clean Air, Climate Change on Nuclear Safety, Committee on Environment and Public Works, United States Senate, May 26, 2005.

"Safeguarding the U.S. Plutonium Disposition Program Against Nuclear Terrorism,"

Science and Global Security Program seminar, Woodrow Wilson School of Public and International Affairs, Princeton University, December 9,2004.

"Status ofthe Security Regime for the U.S. Mixed-Oxide Fuel Program," Managing the Atom Project seminar, Belfer Center for Science and International Affairs, Kennedy School of Government, Harvard University, November 2,2004.

"U.S. Nonproliferation Policy, Plutonium Disposition and the Threat of Nuclear Terrorism,"

seminar on "Recycling Plutonium: Risks and Alternatives," sponsored by the Green Group, European Parliament, Brussels, Belgium, January 9, 2003.

"Current Status of the U.S. Plutonium Disposition Program," seminar, Princeton University Program on Science and Global Security, Princeton University, Princeton, NJ, June 12,2002.

"Controlling Fissile and Radioactive Material," Public Health Summit on Weapons of Mass Destruction, sponsored by Physicians for Social Responsibility and the UCLA School of Public 4

Health, Ackerman Hall, UCLA, Los Angeles, June 2, 2002.

"Assessing the U.S. Government Response to the Nuclear Terrorism Threat After 9/11,"

presentation to the Joint Atomic Energy Intelligence Committee, McLean, VA, May 9, 2002.

"Upgrading Physical Protection at Nuclear Facilities to Address New Threats," MIT Security Studies Seminar, MIT, Boston, MA, April 18, 2002.

"Perspectives on New Plant Licensing," presentation at the U.S. Nuclear Regulatory Commission Briefing on Readiness for New Plant Applications and Construction, Washington, DC, July 19,2001.

"Regulatory Challenges for Future Nuclear Plant Licensing: A Public Interest Perspective,"

U.S. NRC Advisory Committee on Reactor Safeguards (ACRS) Workshop on New Nuclear Plant Licensing, Washington, DC, June 5, 2001.

"The Future of Nuclear Power: A Public Interest Perspective," 2001 Symposium of the Northeast Chapter of Public Utility Commissioners, Mystic, CT, May 21,2001.

Statement at the U.S. Nuclear Regulatory Commission Briefing on Office of Nuclear Regulatory Research Programs and Performance, May 11, 2001.

"Barriers to Deployment of Micro-Nuclear Technology," presentation at the workshop on "New Energy Technologies: A Policy for Micro-Nuclear Technologies," James A. Baker III Institute for Public Policy, Rice University, Houston, TX, March 19-20, 2001.

"Aging Research and Public Confidence," presentation at the U.S. Nuclear Regulatory Commission 2001 Regulatory Information Conference (RIC), Washington, DC, March 14,2001.

NRC Reactor Safeguards Activities," presentation at the U.S. Nuclear Regulatory Commission 2001 Regulatory Information Conference (RIC), Washington, DC, March 14,2001.

"DOE's Nuclear Material Stabilization Approach: The Failure of Transparency," Embedded Topical Meeting on DOE Spent Nuclear Fuel and Fissile Material Management, American Nuclear Society Annual Meeting, San Diego, CA, June 2000.

"The Status of Reactor Safeguards Initiatives," presentation at the U.S. NRC 2000 Regulatory Information Conference, Washington, DC, March 29, 2000.

"Safety Questions Concerning MaX Fuel Use in Proposed U.S. Reactors," Sixth International Policy Forum on the Management and Disposition of Nuclear Weapons Materials, sponsored by ExchangelMonitor Publications, Washington, DC, June 1999.

5

"Transparency and Plutonium Disposition," ISIS Workshop on Comprehensive Controls on Plutonium and Highly Enriched Uranium: Long-Term Problems and Prospects for Solutions, sponsored by the Institute for Science and International Security, Washington, DC, June 1997.

"Ship Transportation of Radioactive Materials," presentation to the Marine Board of the National Research Council, U.S. National Academy of Sciences, Woods Hole, MA, June 20, 1996.

"The Importation and Storage of High-Level Radioactive Wastes at Rokkasho-Mura: Safety Concerns," presentation at the Public Forum on High-Level Nuclear Waste and Reprocessing,"

Aomori, Japan, April 16, 1996.

"Perspectives on U.S. Options for Disposition of Excess Plutonium," Third International Policy Forum on the Management and Disposition of Nuclear Weapons Materials, sponsored by ExchangelMonitor Publications, Landsdowne, VA, March 21, 1996.

"Addressing Safety Issues in the Sea Transport of Radioactive Materials," presentation to the Special Consultative Meeting of Entities Involved in the Marine Transport of Nuclear Materials Covered by the INF Code," International Maritime Organization, London, March 4-6, 1996.

"Prospects and Unsolved Issues for Plutonium Immobilization," INESAPIIANUSIUNIDIR Fissile Cutoff Workshop, Palais des Nations, Geneva, June 1995.

"An Intermediate Solution for Plutonium from Dismantled Nuclear Warheads," Annual Meeting of the German Physical Society, Berlin, Germany, March 1995.

"The Sea Transport of High-Level Radioactive Waste: Environmental and Health Concerns," Channel Islands International Conference on Nuclear Waste, St. Helier, Jersey, United Kingdom, January 1995.

Conference Papers E. Lyman, "Regulatory Challenges Facing the Global Nuclear Energy Partnership,"

GLOBAL 2007 Conference, Boise, ID, September 2007.

E. Lyman, "Envisioning a World Without Uranium Enrichment," 48 th Annual Meeting of the Institute of Nuclear Materials Management, Tucson, AZ, July 2007.

E. Lyman, "The Global Nuclear Energy Partnership: Will it Advance Nonproliferation or h

Undermine it?" 4i Annual Meeting of the Institute of Nuclear Materials Management, Nashville, TN, July 2006.

E. Lyman, "Can Nuclear Fuel Production in Iran and Elsewhere Be Protected Against 6

Diversion?" paper presented at the Nonproliferation Policy Education Center/King's College London Conference "After Iran: Safeguarding Peaceful Nuclear Energy," London, October 2-3, 2005.

E. Lyman, "The Erosion of Physical Protection Standards Under the MOX Fuel Program,"

th 46 Annual Meeting of the Institute of Nuclear Materials Management, Phoenix, AZ, July 2005.

E. Lyman, "Extending the Foreign Spent Fuel Acceptance Program: Policy and Implementation Issues," 26 th International Meeting on Reduced Enrichment for Research and Test Reactors, IABA, Vienna, Austria, November 2004.

th E. Lyman, "Using Bilateral Mechanisms to Strengthen Physical Protection Worldwide," 45 Annual Meeting of the Institute of Nuclear Materials Management, Orlando, FL, July 2004.

th E. Lyman, "The Congressional Attack on RERTR," 25 International Meeting on Reduced Enrichment for Research and Test Reactors, RERTR-2003, Chicago, IL, October 2003.

th E. Lyman, "Nuclear Plant Protection and the Homeland Security Mandate," 44 Annual Meeting of the Institute of Nuclear Materials Management, Phoenix, AZ, July 2003.

E. Lyman and A. Kuperman, "A Reevaluation of Physical Protection Standards for th Irradiated HEU Fuel," 24 International Meeting on Reduced Enrichment for Research and Test Reactors, RERTR-2002, Bariloche, Argentina, November 2002.

E. Lyman, "Material Protection, Control and Accounting at the U.S. MOX Fuel Fabrication Plant: Merely and Afterthought?" 43 rd Annual Meeting of the Institute of Nuclear Materials Management (INMM), Orlando, FL, June 2002.

E. Lyman, "Terrorism Threat and Nuclear Power: Recent Developments and Lessons to be Learned," Symposium on Rethinking Nuclear Energy and Democracy after 9/11, sponsored by PSRlIPPNW Switzerland, Basel, Switzerland, April 2002.

E. Lyman, remarks for Expert Panel on Advanced Reactors, Nuclear Safety Research Conference, U.S. Nuclear Regulatory Commission, Washington, DC, October 2001.

E. Lyman, "The Future of Immobilization Under the U.S.-Russian Plutonium Disposition nd Agreement," 42 Annual Meeting of the Institute of Nuclear Materials Management (INMM),

Indian Wells, CA, July 18, 2001.

E. Lyman, comments in the Report ofthe Expert Panel on the Role and Direction ofNuclear Regulatory Research, U.S. Nuclear Regulatory Commission, May 2001.

E. Lyman, "Can the Proliferation Risks of Nuclear Power be Made Acceptable?" Nuclear 7

Control Institute 20th Anniversary Conference, Washington, DC, April 9, 2001.

E. Lyman and P. Leventhal, "Radiological Sabotage at Nuclear Power Plants: A Moving Target Set," 41 5t Annual Meeting ofthe INMM, New Orleans, LA, July 2000.

E. Lyman, "Comments on the Storage Criteria for the Storage and Disposal of Immobilized Plutonium," Proceedings of the Institute for Science and International Security Conference on "Civil Separated Plutonium Stocks --- Planning for the Future," March 14-15,2000, Washington, DC, Isis Press, 135.

E. Lyman, "The Sea Shipment of Radioactive Materials: Safety and Environmental Concerns," Conference on Ultrahazardous Radioactive Cargo by Sea: Implications and Responses, sponsored by the Maritime Institute of Malaysia, Kuala Lumpur, Malaysia, October 1999.

E. Lyman, "A Critique of Physical Protection Standards for Irradiated Materials," 40 th Annual Meeting of the INMM, Phoenix, AZ, July 1999.

E. Lyman, "DOE Reprocessing Policy and the Irreversibility of Plutonium Disposition,"

Proceedings of the 3rd Topical Meeting on DOE Spent Nuclear Fuel and Fissile Materials Management, American Nuclear Society, Charleston, SC, September 8-11, 1998, 149.

E. Lyman, "Japan's Plutonium Fuel Production Facility (PFPF): A Case Study of the Challenges of Nuclear Materials Management," 39th Annual Meeting of the INMM, Naples, FL, July 1998.

E. Lyman, "Safety Aspects of Unirradiated MOX Fuel Transport," Annex 2b of the Comprehensive Social Impact Assessment of MOX Use in Light Water Reactors, Citizens' Nuclear Information Center, Tokyo, November 1997.

E. Lyman, "Unresolved Safety Issues in the Storage and Transport of Vitrified High-Level Nuclear Waste," 38 th Annual Meeting of the INMM, Phoenix, AZ, July 1997.

E. Lyman, "A Perspective on the Proliferation Risks of Plutonium Mines," proceedings of the Plutonium Stabilization and Immobilization Workshop, U.S. Department of Energy, Washington, DC, December 12-14, 1995, CONF-951259, p, 445.

E. Lyman, "Assessing the Proliferation and Environmental Risks of Partitioning Transmutation," Fifth International Summer Symposium on Science and World Affairs, Cambridge, MA, USA, July 1993.

Op-Eds and Letters to the Editor E. Lyman, "The Downside of Nuclear Energy," Washington Post, April 21, 2006.

8

E. Lyman, "Reprocessing Nuclear Waste: Forget It," Topeka Capital-Journal, December 24, 2005.

E. Lyman, "The Wrong Way to Get Cheap ~lectricity, Chicago Sun-Times, December 16, 2005.

E. Lyman, "Uranium on Campus," New York Times, August 23,2004 L. Gronlund and E. Lyman, "Halting the Spread of Nuclear Arms," New York Times, December 28,2003.

E. Lyman, "Troubles at Indian Point," New York Times, January 25, 2003.

E. Lyman and P. Leventhal, "Nonessential Nukes" (op-ed), Washington Post, November 26, 2002.

P. Leventhal and E. Lyman, "Shipping Plutonium," New York Times, July 12,2002.

E. Lyman, "Indian Point Reactor," New York Times, January 27, 2002.

E. Lyman, "Spent Nuclear Fuel," New York Times, June 3, 2001.

E. Lyman and P. Leventhal, "Better Plutonium Plan," New York Times, February 5,1998.

E. Lyman, "A Safer Plutonium Plan," Washington Post, August 24, 1997.

P. Leventhal and E. Lyman, "Who Says Iraq Isn't Making a Bomb?" International Herald Tribune, November 2, 1995.

H. Feiveson and E. Lyman, "No Solution to the Plutonium Problem," Washington Post, July 29, 1994.

E. Lyman, "Getting Rid of Weapon Plutonium," Bulletin of the Atomic Scientists, July/August 1994.

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Subject:

RE: Response to Pilgrim Watch October 27 Letter Regarding Pilgrim Watch 6th and 7th Supplemental Disclosures Date: Fri, 5 Nov 2010 11 :32:52 -0400 Message-I D: <006101 cb7cfe$b7055afO$251 01 OdO$@lampert@comcast.net>

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