ML12179A315
| ML12179A315 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 06/26/2012 |
| From: | Doris Lewis Pillsbury, Winthrop, Shaw, Pittman, LLP |
| To: | US Federal Judiciary, Court of Appeals, 1st Circuit, NRC/OGC |
| James Adler | |
| References | |
| 12-1404, 12-1772 | |
| Download: ML12179A315 (5) | |
Text
Case: 12-1772 Document: 00116397049 Page: 1 Date Filed: 06/26/2012 Entry ID: 5652516 UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT COMMONWEALTH OF MASSACHUSETTS )
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Petitioner )
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- v. )
) No. 12-1772 UNITED STATES NUCLEAR REGULATORY ) (consolidated with COMMISSION, and ) No. 12-1404)
UNITED STATES OF AMERICA )
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Respondents )
UNOPPOSED MOTION OF ENTERGY NUCLEAR OPERATIONS, INC.
AND ENTERGY NUCLEAR GENERATION COMPANY FOR LEAVE TO INTERVENE Entergy Nuclear Operations, Inc. and Entergy Nuclear Generation Company (collectively Entergy) respectfully move, pursuant to 28 U.S.C. § 2348 and Rule 15(d) of the Federal Rules of Appellate Procedure, for intervention as of right in Case No. 12-1772 as a respondent in support of the agency orders identified in the Petition for Review filed by the Commonwealth of Massachusetts Attorney General (Attorney General).1 Entergy is already an intervenor in Case No. 12-1404, with which Case No. 12-1772 has been consolidated. In support of its motion, Entergy states the following:
1 Commonwealth of Massachusetts Petition for Judicial Review of Nuclear Regulatory Commission Orders to Renew the Pilgrim Operating License for an 403554865v2
Case: 12-1772 Document: 00116397049 Page: 2 Date Filed: 06/26/2012 Entry ID: 5652516 Entergy is entitled to intervene as a matter of right in this action because Entergy is a party in interest in the matter before the U.S. Nuclear Regulatory Commission (NRC) to which the Petition for Review relates. That NRC proceeding pertains to Entergys application to renew the operating license for the Pilgrim Nuclear Power Station (Pilgrim), which is located in Plymouth, MA.
Entergy owns and operates Pilgrim and in January 2006 applied to the NRC to renew the Pilgrim operating license for an additional 20 years. The NRC subsequently provided an opportunity for hearing on Entergys application.2 The Attorney General petitioned to intervene and requested a hearing in the Pilgrim license renewal proceeding and sought to challenge the sufficiency of the application. Entergy fully participated as the applicant and a party in this proceeding. The NRC ultimately denied the Attorney Generals intervention petition. The Attorney General appealed to this Court the NRCs denial of its intervention petition (Case No. 07-1483), which this Court affirmed. Mass. v.
U.S., 522 F.3d 115 (1st Cir. 2008). This Court granted Entergys request to intervene on judicial review.
Additional Twenty Years, Commonwealth of Massachusetts v. United States Nuclear Regulatory Commission, No. 12-1772 (Jun. 18, 2012).
2 See Nuclear Regulatory Commission, Docket No. 50-293, Entergy Nuclear Operations, Inc., Pilgrim Nuclear Power Station; Notice of Acceptance for Docketing of the Application and Notice of Opportunity for Hearing Regarding Renewal of Facility Operating License No. DPR-35 for an Additional 20-Year Period, 71 Fed. Reg. 15,222 (Mar. 27, 2006).
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Case: 12-1772 Document: 00116397049 Page: 3 Date Filed: 06/26/2012 Entry ID: 5652516 Over three years after this Court affirmed the NRCs denial of the Attorney Generals initial hearing request, the Attorney General moved to reopen the hearing in the Pilgrim license renewal proceeding to consider a new contention, citing the March 2011 accident at the Fukushima Daiichi nuclear power plant in Japan as the basis for its challenge. Entergy continued to participate fully as a party in the NRC proceeding and opposed the Attorney Generals request to reopen the hearing. The NRC denied the Attorney Generals request. That denial is the subject of the Commonwealths petition for review in Case No. 12-1404, in which this Court has already allowed Entergy to intervene.
Subsequently, the NRC voted to authorize issuance issued the renewed Pilgrim license, and then issued the renewed license. The NRCs decisions to authorize issuance of and issue the renewed license are the subjects of the instant Petition for Review before this Court (No. 12-1772). By Order of Court dated June 22, 2012, the Court granted the Attorney Generals unopposed motion to consolidate this Petition for Review with No. 12-1404.
The Pilgrim NRC operating license renewal is required for Entergy to continue to operate Pilgrim for twenty years beyond the expiration of its initial operating license, which expired on June 8, 2012. 71 Fed. Reg. at 15,222. Entergy derives financial benefit from the generation and sale of electricity from Pilgrim.
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Case: 12-1772 Document: 00116397049 Page: 4 Date Filed: 06/26/2012 Entry ID: 5652516 The NRC operating license renewal for Pilgrim is necessary for Entergy to receive financial benefit from the continued operation of each plant during the twenty year license renewal period, as well as receive any of the other expected benefits.
Therefore, Entergys interests would be adversely affected if the NRC actions identified in the Petition were enjoined, set aside, or suspended. 28 U.S.C. § 2348.
Thus, Entergy has substantial, direct, and tangible interests in this Courts affirmance of the NRC actions challenged by the Petition. Accordingly, Entergy is entitled to intervene as of right in this action. 28 U.S.C. § 2348. Counsel for Entergy has been authorized by counsel for the Petitioner and counsel for the Respondents to represent that they do not oppose Entergys intervention in these actions.
Respectfully submitted,
/s/ David R. Lewis David R. Lewis PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, N.W.
Washington, D.C. 20037 (202) 663-8000 Dated: June 26, 2012 Counsel for Entergy 4
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Case: 12-1772 Document: 00116397049 Page: 5 Date Filed: 06/26/2012 Entry ID: 5652516 CERTIFICATE OF SERVICE I hereby certify that on this 26th day of June, 2012, the foregoing Unopposed Motion of Entergy Nuclear Operations, Inc. and Entergy Nuclear Generation Company for Leave to Intervene was served via the Case Management/Electronic Case Files system. In addition, copies of the foregoing were also served by deposit in the U.S. mail, first class, postage prepaid, and by electronic mail, on the persons listed below, this 26th day of June, 2012.
John F. Cordes, Jr., Esq. James Adler, Esq.
Solicitor Office of General Counsel Office of the General Counsel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 James.Adler@nrc.gov John.cordes@nrc.gov J. David Gunter II, Esq. Matthew Brock, Esq.
Environmental & Natural Resources Assistant Attorney General Division, Commonwealth of Massachusetts Appellate Section Office of the Attorney General United States Department of Justice One Ashburton Place P.O. Box 7415 Boston, MA 02108 Washington, D.C. 20044 matthew.brock@state.ma.us david.gunter2@usdoj.gov
/s/ David R. Lewis _
David R. Lewis 403554865v2