ML11357A209

Commonwealth of Massachusetts' Motion to Reply to NRC Staff and Entergy Oppositions to Commonwealth Appeal of LBP-11-35

ML11357A209
Person / Time
Site:	Pilgrim
Issue date:	12/23/2011
From:	Brock M State of MA, Office of the Attorney General
To:	NRC/OCM
SECY RAS
References
RAS 21646, 50-293-LR, ASLBP 06-848-02-LR, LBP-11-35
Download: ML11357A209 (4)

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) ) December 23, 2011 COMMONWEALTH OF MASSACHUSETTS MOTION TO REPLY TO NRC STAFF AND ENTERGY OPPOSITIONS TO COMMONWEALTH APPEAL OF LBP-11-35 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 and Entergys responses1 in opposition to the Commonwealths appeal of LBP-11-35.2,3 The Commonwealth makes this request because it could not have reasonably anticipated that, as set forth in its Reply, the arguments of Staff and Entergy would incorrectly characterize the Commonwealths appeal, in part, as an impermissible challenge to NRC regulations, which it is not. The Staff and Entergy also erroneously claim that the ASLB Majoritys review of the Commonwealths contention against the NRCs late-filed contention standards is sufficient to satisfy the NRCs legal obligation to take a hard look at new and significant information under NEPA. Finally, the Staff 1

NRC Staffs Answer to the Commonwealth of Massachusetts Brief in Support of Appeal from LBP-11-35 (December 19, 2011); Entergys Answer Opposing the Commonwealths Appeal of LBP-11-35 (December 19, 2011).

2 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.

3 Commonwealth of Massachusetts Brief in Support of Appeal from LBP-11-35 (December 8, 2011).

and Entergy argue that the ASLB Majority was correct that the Commonwealth did not present evidence on the costs and benefits of a revised SAMA analysis, when that finding is clearly refuted by the record.

Therefore the circumstances are compelling and approval of a reply is warranted. 10 C.F.R. § 2.323(c).

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 December 22, 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 2

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) ) December 23, 2011 CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing COMMONWEALTH OF MASSACHUSETTS MOTION TO REPLY TO NRC STAFF AND ENTERGY OPPOSITIONS TO THE COMMONWEALTHS APPEAL OF LBP-11-35, dated December 23, 2011, were provided to the Electronic Information Exchange (EIE) for service on the individuals below and by electronic mail as indicated by an asterisk*:

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Office of the General Counsel Mail Stop: T-3 F23 Mail Stop: O-15 D21 Washington, DC 20555-0001 Washington, DC 20555-0001 Administrative Judge Ann Marshall Young, Chair Richard S. Harper, Esq.

E-mail: Ann.Young@nrc.gov Susan L. Uttal, Esq.

Andrea Z. Jones, Esq.

Administrative Judge Beth N. Mizuno, Esq.

Richard F. Cole Brian G. Harris, Esq.

E-mail: Richard.Cole@nrc.gov Maxwell C. Smith, Esq.

Edward Williams, Esq Administrative Judge Brian Newell, Paralegal E-mail: Paul.Abramson@nrc.gov OGCMailCenter.Resource@nrc.gov, richard.harper@nrc.gov, Hillary Cain, Law Clerk susan.uttal@nrc.gov, axj4@nrc.gov, Hillary.cain@nrc.gov beth.mizuno@nrc.gov, brian.harris@nrc.gov, maxwell.smith@nrc.gov edward.williams@nrc.gov U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Office of Commission Appellate Office of the Secretary Adjudication Mail Stop: O-16C1

Mail Stop: O-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 HearingDocket@nrc.gov OCAAMail.Resource@nrc.gov U.S. Nuclear Regulatory Commission Pillsbury, Winthrop, Shaw, Pittman LLP Office of Nuclear Reactor Regulation 2300 N Street, N.W.

Mail Stop: O11-F1 Washington DC, 20037-1128 Washington, D.C. 20555 -0001 David R. Lewis, Esq.

Lisa Regner* David.lewis@pillsburylaw.com Senior Project Manager Paul A. Gaukler, Esq.

Division of License Renewal Paul.gaulker@pillsburylaw.com E-mail: Lisa.Regner@nrc.gov Jason B. Parker, Esq.

Jason.parker@pillsburylaw.com

• Maria.webb@pillsburylaw.com Entergy Nuclear Town of Plymouth 1340 Echelon Parkway Town Managers Office Mail Stop M-ECH-62 11 Lincoln Street Jackson, MS 39213 Plymouth, MA 02360 Terence A. Burke, Esq. Melissa Arrighi, Acting Town Manager*

tburke@entergy.com marrighi@townhall.plymouth.ma.us Duxbury Emergency Management Agency Town of Plymouth, MA 686 Tremont Street Duane Morris L.L.P.

Duxbury, MA 02332 505 9th Street, NW, Suite 1000 Washington, D.C. 20004-2166 Kevin M. Nord, Fire Chief & Director*

E-mail: nord@town.duxbury.ma.us Sheila Slocum Hollis, Esq.*

SSHollis@duanemorris.com Pilgrim Watch Town of Duxbury Nuclear Advisory 148 Washington Street Committee Duxbury, MA 02332 31 Deerpath Trl.

North Duxbury, MA 02332 Mary Lampert, Director Mary.Lampert@comcast.net Rebecca Chin, Vice Chair*

rebeccajchin@hotmail.com

/s Matthew Brock Matthew Brock 2