ML111670905
| ML111670905 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 06/16/2011 |
| From: | Brock M State of MA, Office of the Attorney General |
| To: | NRC/OCM |
| SECY RAS | |
| Shared Package | |
| ML111670903 | List: |
| References | |
| 50-293-LR, ASLBP 06-848-02-LR, RAS 20463 | |
| Download: ML111670905 (6) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of )
Entergy Nuclear Generation Co. ) Docket No. 50-293-LR And Entergy Nuclear Operations, Inc. )
(Pilgrim Nuclear Power Station) ) June 16, 2011 COMMONWEALTH OF MASSACHUSETTS MOTION TO REPLY TO NRC STAFF AND ENTERGY OPPOSITIONS TO THE COMMONWEALTH OF MASSACHUSETTS MOTION TO SUSPEND THE LICENSE RENEWAL PROCEEDING FOR THE PILGRIM NUCLEAR POWER PLANT Pursuant to 10 C.F.R. § 2.323(c), the Commonwealth of Massachusetts (Commonwealth) respectfully requests that it be allowed to submit this Reply to the NRC Staffs Answer in Opposition to Commonwealth of Massachusetts Conditional Motion to Suspend Pilgrim Nuclear Power Plant License Renewal Proceeding Pending Resolution of Petition for Rulemaking to Rescind Spent Fuel Pool Exclusion Regulations (June 13, 2011)(Staff Opposition) and Entergys Answer Opposing Commonwealth of Massachusetts Conditional Motion to Suspend License Renewal Proceeding (June 13, 2011)(Entergy Opposition).1 The Commonwealth makes this request because it could not have reasonably anticipated the arguments submitted by the Staff, including that the Commonwealths Motion should be denied as premature because there is not an active petition for rulemaking pending before the Commission - a requirement that does not appear on the face of 10 C.F.R. § 2.802(d) and also, as set forth in the Commonwealths 1
10 C.F.R. § 2.323(c) provides: The moving party has no right to reply, except as permitted by the Secretary, the Assistant Secretary, or the presiding officer. Permission may be granted only in compelling circumstances, such as where the moving party demonstrates that it could not reasonably have anticipated the arguments to which it seeks leave to reply.
Reply, is a position inconsistent with the Commissions discretion to fashion an appropriate process to comply with the National Environmental Policy Act and the Atomic Energy Act. The Commonwealth also could not have anticipated that the Staff apparently would admit to errors in the Staffs environmental documents which, without more, support a suspension of the Pilgrim proceeding until these errors are corrected consistent with NEPA.
Entergy also spends a significant portion of its Opposition arguing that the Commonwealth claims it is entitled to an adjudicatory hearing under the National Environmental Policy Act and the Atomic Energy Act -- regarding its new and significant information on the lessons of Fukushima -- when the Commonwealth does not make that claim in its Motion. Instead, the Commonwealth expressly states that it is up to the Commission, in its discretion, to decide on the appropriate process to address the Commonwealths new and significant information, provided that process satisfies NEPAs hard look standard of review and the Commonwealths hearing right under the AEA. The Commonwealth seeks to clarify the record on this point and correct Entergys material misstatement of the relief that the Commonwealth seeks in its Motion.
Separately, the Commonwealth challenges Entergys novel argument that, to expedite relicensing, the NRC may substitute a similar standard in NRC regulations in place of NEPAs hard look standard for compliance.
Therefore the circumstances are compelling and approval of a reply is warranted. 10 C.F.R. § 2.323(c).
2
Respectfully submitted, Signed (electronically) by Matthew Brock Assistant Attorney General Environmental Protection Division Office of the Attorney General One Ashburton Place, 18th Floor Boston, Massachusetts 02108 Tel: (617) 727-2200 Fax: (617) 727-9665 matthew.brock@state.ma.us Certificate of Counsel On June 15, 2011, the Commonwealth notified all parties of record that the Commonwealth intended to file a Motion to allow Reply and Reply. Counsel for NRC Staff and Entergy have advised that they will oppose the Motion and Reply.
/s/Matthew Brock 3
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of )
Entergy Nuclear Generation Co. ) Docket No. 50-293-LR And Entergy Nuclear Operations, Inc. )
(Pilgrim Nuclear Power Station) ) June 16, 2011 CERTIFICATE OF SERVICE I hereby certify that copies of the Commonwealth of Massachusetts Motion to Reply to NRC Staff and Entergy Oppositions to the Commonwealth of Massachusetts Motion to Suspend the License Renewal Proceeding for the Pilgrim Nuclear Power Plant, in the above captioned proceeding, have been served upon the following persons by electronic mail this date:
Administrative Judge Administrative Judge Richard F. Cole Paul B. Abramson Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop: T-3F23 Mail Stop T-3F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, D.C. 20555-0001 E-mail: Richard.Cole@nrc.gov E-mail: Paul.Abramson@nrc.gov Administrative Judge U.S. Nuclear Regulatory Commission Ann Marshall Young, Chair Office of Commission Appellate Atomic Safety and Licensing Board Panel Adjudication Mail Stop: T-3F23 Mail Stop: O-16G4 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 OCAAMail.Resource@nrc.gov E-mail: Ann.Young@nrc.gov U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Office of the Secretary Mail Stop: T-3 F23 Mail Stop: O-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 HearingDocket@nrc.gov
Richard S. Harper, Esq. U.S. Nuclear Regulatory Commission Susan L. Uttal, Esq. Office of Nuclear Reactor Regulation Andrea Z. Jones, Esq. Mail Stop: O11-F1 Beth N. Mizuno, Esq. Washington, D.C. 20555 -0001 Brian G. Harris, Esq.
Maxwell C. Smith U.S. Nuclear Regulatory Commission Office of General Counsel Mail Stop: O15 D21 Washington, D.C. 20555 OGCMailCenter.Resource@nrc.gov, richard.harper@nrc.gov, susan.uttal@nrc.gov, axj4@nrc.gov, beth.mizuno@nrc.gov, brian.harris@nrc.gov, maxwell.smith@nrc.gov Pillsbury, Winthrop, Shaw, Pittman LLP Entergy Nuclear 2300 N Street, N.W. 1340 Echelon Parkway Washington DC, 20037-1128 Mail Stop M-ECH-62 Jackson, MS 39213 David R. Lewis, Esq.
David.lewis@pillsburylaw.com Terence A. Burke, Esq.
Paul A. Gaukler, Esq. tburke@entergy.com Paul.gaulker@pillsburylaw.com Jason B. Parker, Esq.
Jason.parker@pillsburylaw.com Maria.webb@pillsburylaw.com Duane Morris L.L.P. Katherine Tucker, Law Clerk 505 9th Street, NW, Suite 1000 Katie.tucker@nrc.gov Washington, D.C. 20004-2166 Edward Williamson Sheila Slocum Hollis, Esq. Edward.williamson@nrc.gov SSHollis@duanemorris.com Pilgrim Watch Town of Plymouth Mary Lampert Town Managers Office 148 Washington Street 11 Lincoln Street Duxbury, MA 02332 Plymouth, MA 02360 Mary.Lampert@comcast.net Melissa Arrighi, Acting Town Manager marrighi@townhall.plymouth.ma.us 2
Kevin M. Nord, Chief Richard R. MacDonald Duxbury Fire Department and Emergency 878 Tremont Street Management Agency Duxbury, MA 02332 668 Tremont Street Also by E-mail:
Duxbury, MA 02332 macdonald@town.duxbury.ma.us nord@town.duxbury.ma.us Town of Duxbury Nuclear Advisory Laura Pinson Committee laura@nealgross.com 31 Deerpath Trl.
North Duxbury, MA 02332 Rebecca Chin, Vice Chair rebeccajchin@hotmail.com
/s Matthew Brock Matthew Brock 3