ML11356A197
| ML11356A197 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 12/22/2011 |
| From: | Gaukler P Pillsbury, Winthrop, Shaw, Pittman, LLP, Entergy Nuclear Generation Co, Entergy Nuclear Operations |
| To: | NRC/OCM |
| SECY RAS | |
| References | |
| RAS 21614, 50-293-LR, ASBLP 06-848-02-LR | |
| Download: ML11356A197 (5) | |
Text
December 22, 2011 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Commission In the Matter of
)
)
Entergy Nuclear Generation Company and )
Docket No. 50-293-LR Entergy Nuclear Operations, Inc.
)
ASLBP No. 06-848-02-LR
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(Pilgrim Nuclear Power Station)
)
ENTERGYS ANSWER OPPOSING PILGRIM WATCHS REQUEST TO SUPPLEMENT PETITIONS FOR REVIEW Pursuant to 10 C.F.R. § 2.323(c), Entergy Nuclear Generation Company and Entergy Nu-clear Operations, Inc. (collectively Entergy) respond in opposition to the December 12, 2011 Pilgrim Watch Supplementation Request.1 Pilgrim Watch seeks to supplement the record for its petitions for review of two Licensing Board orders2 currently pending before the Commission with a copy of a Report3 prepared by the Office of Congressman Edward J. Markey. Supplemen-tation Request at 1-2. The Commission should deny the Supplementation Request and strike it and the Report from the record.
Although parties to adjudicatory proceedings are obliged to keep licensing boards ap-prised of relevant and material new information in the course of an adjudication, Sacramento Municipal Utility District (Rancho Seco Nuclear Generating Station, CLI-93-5, 37 N.R.C. 168, 1 Pilgrim Watchs Request to Supplement Petition for Review of Memorandum and Order (Denying Pilgrim Watchs Requests for Hearing on Certain New Contentions) ASLBP No. 06848-02-LR, August 11, 2011 (Filed Au-gust 26, 2011) and Pilgrim Watchs Petition for Review of Memorandum and Order (Denying Pilgrim Watchs Re-quests for Hearing on New Contentions Relating to Fukushima Accident (Sept. 8, 2011) (Filed September 23, 2011)
(Supplementation Request).
2 Entergy Nuclear Generation Co. (Pilgrim Nuclear Power Station), LBP-11-20, 74 N.R.C. __, slip op. (Aug.11, 2011) (LBP-11-20); Entergy Nuclear Generation Co. (Pilgrim Nuclear Power Station), LBP-11-23, 74 N.R.C. __,
slip op. (Sept. 8, 2011) (LBP-11-23).
3 How Four Nuclear Regulatory Commissions Conspired to Delay and Weaken Nuclear Reactor Safety in the Wake of Fukushima (Dec. 9, 2011) (Report).
2 170 (1993), the contents of the Report can hardly be considered information relevant and mate-rial to Pilgrim Watchs requests for hearing that were rejected by the Licensing Board and are on appeal before the Commission. Even assuming that the obligation to keep the Licensing Board apprised of relevant and material information during an adjudication applies during the Commis-sions review on appeal, a cursory review of the Report shows that it contains no information relevant or material to Pilgrim Watchs rejected hearing requests, or any information that would call into question the Boards detailed rulings that (inter alia) Pilgrim Watch failed to meet the standards set forth in 10 C.F.R. § 2.326 - to timely raise a significant environmental or safety is-sue, and to demonstrate that a materially different result would have been likely had its claims been previously considered. The Report never mentions the Pilgrim plant or any aspect of Pil-grims license renewal application related to Pilgrim Watchs hearing requests. Nor does the Report discuss any information concerning the Fukushima accident related to Pilgrim Watchs now-rejected claims, or to any issue of law relevant to Pilgrim Watchs claims.
Rather, it appears that Pilgrim Watch seeks to augment its pending petitions for review with supplemental (and immaterial) arguments, which it is not permitted to do. Consumers Power Co. (Big Rock Point Nuclear Plant), ALAB-636, 13 N.R.C. at 312, 321-22 (1981) (strik-ing from the record a letter and its enclosures filed with the Appeal Board after the matter had been submitted for decision absent an opportunity for all parties to respond thereto).
3 In accordance with this precedent, the Supplementation Request should be denied, and it and the Report should be struck from the record.
Respectfully Submitted,
/signed electronically by Paul A. Gaukler/
David R. Lewis Paul A. Gaukler PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, NW Washington, DC 20037-1128 Tel. (202) 663-8000 E-mail: david.lewis@pillsburylaw.com Dated: December 22, 2011 Counsel for Entergy
403233072v2 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Commission In the Matter of
)
)
Entergy Nuclear Generation Company and )
Docket No. 50-293-LR Entergy Nuclear Operations, Inc.
)
ASLBP No. 06-848-02-LR
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(Pilgrim Nuclear Power Station)
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CERTIFICATE OF SERVICE I hereby certify that copies of Entergys Answer Opposing Pilgrim Watchs Request to Supplement Petitions for Review dated December 22, 2011, was provided to the Electronic In-formation Exchange for service on the individuals below, this 22nd day of December, 2011.
Secretary Attn: Rulemakings and Adjudications Staff Mail Stop O-16 C1 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 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 Ann.Young@nrc.gov Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 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 Richard.Cole@nrc.gov Administrative Judge Dr. Paul B. Abramson Atomic Safety and Licensing Board Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Paul.Abramson@nrc.gov
2 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 Ms. Mary Lampert 148 Washington Street Duxbury, MA 02332 mary.lampert@comcast.net 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 Richard R. MacDonald Town Manager 878 Tremont Street Duxbury, MA 02332 macdonald@town.duxbury.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 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 Paul A. Gaukler/
Paul A. Gaukler