ML19227A290

Watch Memorandum in Support of Emergency Motion of the Commonwealth of Massachusetts for Clarification of the Commission'S August 14, 2019 Memorandum and Order

ML19227A290
Person / Time
Site:	Pilgrim
Issue date:	08/15/2019
From:	Lampert J, Lampert M Pilgrim Watch
To:	NRC/OCM
SECY RAS
References
50-293-LT, 72-1044-LT, License Transfer, RAS 55169
Download: ML19227A290 (3)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of )

)

ENTERGY NUCLEAR OPERATIONS, INC., )

ENTERGY NUCLEAR GENERATION )

COMPANY, AND HOLTEC ) Docket Nos. 50-293 & 72-1044 DECOMMISSIONING INTERNATIONAL, )

LLC; CONSIDERATION OF APPROVAL OF )

TRANSFER OF LICENSE AND )

CONFORMING AMENDMENT )

)

(Pilgrim Nuclear Power Station) )

PILGRM WATCH MEMORANDUM IN SUPPORT OF EMERGENCY MOTION OF THE COMMONWEALTH OF MASSACHUSETTS FOR CLARIFICATION OF THE COMMISSIONS AUGUST 14, 2019 MEMORANDUM AND ORDER The Commonwealth of Massachusetts (Commonwealth or Massachusetts), today asked, on an emergency basis, for clarification of 10 C.F.R. § 2.1327(a) 10 C.F.R. § 2.1327(a) says that [a]ny application for a stay of the effectiveness of the NRC staffs order on [a] license transfer application shall be filed with the Commission within 5 days of the issuance of the notice of staff action pursuant to § 2.1316(a). 10 C.F.R. § 2.1327(a)

(emphasis added).

The staff action referred to in 10 C.F.R. § 2.1327(a) appears to refer to the actual action that the staff will take, issuing an order on the license transfer, rather than to a notification that the staff intends to issue such an order at some time in the future. The statement in the Commissions August 19, 2019 Order that the Commonwealth will have the opportunity [to file a motion to stay] if the staff issues such an order appears to support this reading.

However, as stated by the Commonwealth in its Motion, the regulations are arguably ambiguous.

Pilgrim Watch has tried, without success, to resolve this potential ambiguity by asking various members of the NRC Staff what the regulation means.

If the 5 day period of 10 C.F.R. § 2.1327(a) began to run on August 13, 2019 when the Pilgrim Watch was notified of the staffs intention to issue an order, the potential time in which the Commonwealth and Pilgrim Watch must file a motion to stay that order may fall on Monday, August 19, 2019 the same day that Pilgrim Watch must file its reply to Applicants Answer Opposing Pilgrim Watchs Motion to File a New Contention.

Given the shortness of time, Pilgrim Watch supports the Commonwealths Motion and the Commonwealths request that the NRC clarify 10 C.F.R. § 2.1327(a) by Friday, August 16, 2019 Respectfully submitted this 15th of August 2019, (Electronically signed)

Mary Lampert 148 Washington Street, Duxbury MA 02332 Tel. 781.934.0389 Email:

mary.lampert@comcast.net James B. Lampert 148 Washington Street, Duxbury MA 02332 Tel. 781.934.0389 Email:

james.lampert@comcast.net UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of Docket No. 50-293 & 72-1044 LT Entergy Corporation Pilgrim Nuclear Power Station License Transfer Agreement Application CERTIFICATE OF SERVICE Pursuant to 10 C.F.R. § 2.305, I certify that copies of the above Pilgrim Watch Memorandum in Support of Emergency Motion of the Commonwealth of Massachusetts for Clarification of the Commissions August 14, 2019 Memorandum and Order has been served upon the Electronic Information Exchange, the NRCs e-filing system, in the above-captioned proceeding, on August 15, 2019 Signed (electronically) by Mary Lampert Pilgrim Watch, director 148 Washington Street Duxbury, MA 02332 Tel. 781.934.0389 Email: mary.lampert@comcast.net