ML103270470
| ML103270470 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 11/23/2010 |
| From: | Abramson P, Cole R Atomic Safety and Licensing Board Panel |
| To: | |
| SECY/RAS | |
| References | |
| 50-293-LR, ASLB 06-848-02-LR, RAS J-306 | |
| Download: ML103270470 (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 November 23, 2010 ORDER (Ruling on Timeliness of Mean Consequence Issue)
On August 27, 2010, the Commission directed the Board to consider whether Pilgrim Watch timely raised the issue regarding the reasonableness of the NRC practice for SAMA analysis to utilize mean consequence values, which results in an averaging of potential consequences, and if so, to consider that matter.1 On September 23, 2010 the Board directed parties to brief the issue,2 and on October 26, 2010 a majority of the Board asked for expert affidavits to support the legal briefing.3 On November 22, 2010, all the pleadings and affidavits had been submitted. The majority of the Board finds that the mean consequence values issue 1 Entergy Nuclear Generation Co. and Entergy Nuclear Operations, Inc. (Pilgrim Nuclear Power Station), CLI-10-22, 72 NRC __, __ (slip op. at 8 n.34) (Mar. 26, 2010).
2 Licensing Board Order (Confirming Matters Addressed at September 15, 2010, Telephone Conference) (Sept. 23, 2010) (unpublished).
3 Licensing Board Order (Questions from Board Majority Regarding the Mechanics of Computing Mean Consequences in SAMA Analyses) (Oct. 26, 2010) (unpublished).
was not timely raised and therefore the issue will not be entertained by the Board during the evidentiary hearing on Contention 3.
This Order is being issued to enable the parties to properly prepare their prefiled testimony for the upcoming evidentiary hearing on Contention 3 according to the time-line previously established by the Board, and to conserve resources in that preparation. The Board will issue a follow-up Order setting forth our analysis of the timeliness issue in due course.
It is so ORDERED.
THE ATOMIC SAFETY AND LICENSING BOARD Dr. Paul B. Abramson ADMINISTRATIVE JUDGE Dr. Richard F. Cole ADMINISTRATIVE JUDGE Rockville, Maryland November 23, 20104 4 Copies of this Order were provided to all parties and/or representatives for parties by e-mail transmission on this date.
/RA/
/RA/
Separate Statement of Judge Ann Marshall Young At this point, my views of this issue remain as I expressed them in my Separate Statement of October 26, 2010, such that I do not join my colleagues in this Order. I may provide additional clarification when the Board majority is ready to issue its more detailed analysis of the issue.
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 ORDER (RULING ON TIMELINESS OF MEAN CONSEQUENCE ISSUE) 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.
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 ORDER (RULING ON TIMELINESS OF MEAN CONSEQUENCE ISSUE) 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 Rebecca Chin, Vice Chair Town of Duxbury Nuclear Advisory Committee 31 Deerpath Trl.
North Duxbury, MA 02332
[Original signed by Nancy Greathead]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 23rdday of November 2010