ML111120384
| ML111120384 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 04/22/2011 |
| From: | Gaukler P, Doris Lewis Entergy Nuclear Generation Co, Entergy Nuclear Operations, Pillsbury, Winthrop, Shaw, Pittman, LLP |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-293-LR, ASLBP 06-848-02-LR, RAS 20020 | |
| Download: ML111120384 (5) | |
Text
April 22, 2011 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board Panel In the Matter of )
)
Entergy Nuclear Generation Company and ) Docket No. 50-293-LR Entergy Nuclear Operations, Inc. ) ASLBP No. 06-848-02-LR
)
(Pilgrim Nuclear Power Station) )
ENTERGYS OBJECTION TO PILGRIM WATCHS POST-HEARING MEMORANDA AND OTHER UNAUTHORIZED FILINGS Entergy Nuclear Generation Company and Entergy Nuclear Operations, Inc. (collectively Entergy) hereby object to Pilgrim Watchs successive, improper filings. Since the oral argument in Plymouth on March 9, 2011, Pilgrim Watch has filed four post-hearing memoranda.1 These submissions are improper attempts to have the Board consider new information or assertions without any attempt to meet the standards for motions in 10 C.F.R. § 2.323, including the consultation requirements. Pilgrim Watch has also filed an impermissible reply to the answers to one of these requests, without any request for leave required by 10 C.F.R.
§ 2.323(c).2 Entergy objects to Pilgrim Watchs continual unauthorized filings and disregard for the rules of practice. See Detroit Edison Co. (Enrico Fermi Atomic Plant, Unit 2), ALAB-469, 7 N.R.C. 470, 471 (1978) (unauthorized filing may be disregarded); Tennessee Valley Authority (Browns Ferry Nuclear Plant, Units 1 and 2), LBP-76-10, 3 N.R.C. 209, 211 (1976) (The Board dislikes the gratuitous filing of unauthorized pleadings extra the Rules of Practice).
1 Pilgrim Watch Memorandum Regarding Fukushima (March 12, 2011); Pilgrim Watchs Post Hearing Memorandum (March 28, 2011); Pilgrim Watch Memorandum - Entergys Incorrect and Misleading Information Regarding Proven Tests to Detect Cable Insulation Degradation (April 11, 2011); Pilgrim Watch Memorandum -
Entergys Incorrect and Misleading Information Regarding Proven Tests to Detect Cable Insulation Degradation
- Video Supplement (April 12, 2011).
2 Pilgrim Watch Answer to Entergys and NRC Staffs Reply to Pilgrim Watch Post-Hearing Memorandum Filed April 7, 2011 (April 11, 2011).
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Entergy also objects to the inaccurate allegations in these submissions. For example, in its April 11, 2011 Memorandum, Pilgrim Watch states, the Joint Committees asked Entergys panel if there were proven tests to assess submerged electric cable degradation at Pilgrim Station. This question was not asked. In the same memorandum, Pilgrim Watch states:
Mr. S.J. Bethay, Director Nuclear Safety Assurance Pilgrim Station, responded for Entergys panel. He testified that there were no proven commercially available tests to detect cable insulation degradation; but when they became available, Pilgrim would use them. (Emphasis added)
Emphasis in original. Mr. Bethay did not make this statement.3 In Pilgrim Watchs April 12, 2011 Memorandum, Pilgrim Watch refers the Board to an archived video recording of the presentations before these Massachusetts Joint Committees, which it now claims only supports that there are no proven commercially available tests for cable insulation degradation currently available. Even this attempt by Pilgrim Watch to recast its previous misstatements is inaccurate. Mr. Bethay, who was discussing one type of test called a megger test, stated that it tests insulation capability and tells you whats its condition right now. Thus, his presentation in fact supports the existence of a test capable of detecting cable insulation degradation. Mr. Bethay did observe that this test is not necessarily a good predictor [of future degradation] and that there are new types of tests being developed to be more predictive and identify whats the long term effects of this. That better tests are being developed does not imply that there are no proven commercially available tests for cable insulation degradation.
3 Pilgrim Watch also asserts that Entergys panel included Rick Smith (Entergys President, Wholesale Commodity Business). That statement too is inaccurate.
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Respectfully Submitted,
/Signed electronically by:/
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: April 22, 2011 402865464v1
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )
)
Entergy Nuclear Generation Company and ) Docket No. 50-293-LR Entergy Nuclear Operations, Inc. ) ASLBP No. 06-848-02-LR
)
(Pilgrim Nuclear Power Station) )
CERTIFICATE OF SERVICE I hereby certify that copies of Entergys Objection to Pilgrim Watch Post-Hearing Memoranda and Other Unauthorized Filings, dated April 22, 2011, was provided to the Electronic Information Exchange for service on the individuals below, this 22nd day of April, 2011.
Secretary Attn: Rulemakings and Adjudications Staff Mail Stop O-16 C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 secy@nrc.gov; hearingdocket@nrc.gov Office of Commission Appellate Adjudication Mail Stop O-16 C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 ocaamail@nrc.gov 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 Dr. Richard F. Cole Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 rfc1@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 Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 402865464v1
Ms. Mary Lampert 148 Washington Street Duxbury, MA 02332 mary.lampert@comcast.net Susan L. Uttal, Esq.
Andrea Z. Jones, Esq.
Brian Harris, Esq.
Beth Mizuno, Esq.
Office of the General Counsel Mail Stop O-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Susan.Uttal@nrc.gov; andrea.jones@nrc.gov; brian.harris@nrc.gov; beth.mizuno@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 Sheila Slocum Hollis, Esq.
Duane Morris LLP 505 9th Street, NW Suite 1000 Washington, DC 20006 sshollis@duanemorris.com Mr. Mark D. Sylvia Town Manager Town of Plymouth 11 Lincoln St.
Plymouth, MA 02360 msylvia@townhall.plymouth.ma.us 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 Richard R. MacDonald Town Manager 878 Tremont Street Duxbury, MA 02332 macdonald@town.duxbury.ma.us Katherine Tucker, Esq.
Law Clerk, Atomic Safety and Licensing Board Panel Mail Stop T3-E2a U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Katie.Tucker@nrc.gov
[Signed electronically by:]
David R. Lewis 5
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