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Category:Legal-Motion
MONTHYEARML20079J1802020-03-19019 March 2020
Unopposed Motion of the Commonwealth of Massachusetts to Correct a Previously Filed Declaration
ML20035C7562020-01-30030 January 2020
1-30-20 Entergy Motion to Intervene (DC Cir.)(Case No. 20-1019)
ML20031D4332020-01-29029 January 2020
1-29-20 Reply to Response to Motion to Dismiss (DC Cir.)(Case No. 19-1198)
ML19347D4152019-12-13013 December 2019
Motion of the Commonwealth of Massachusetts to Amend Its Petition with New Information
ML19303B4252019-10-28028 October 2019
Transport Room (Motion for Stay Pending Appellate Review)(Dc Cir.)(Case No. 19-1198) 10-28-19
ML19295E6852019-10-16016 October 2019
Entergy Motion to Intervene (DC Cir.)(Case No. 19-1198) 10-16-19
ML19247E5092019-09-0404 September 2019
Motion of the Commonwealth of Massachusetts for a Twenty-Two Minute Enlargement of Time to File Its Stay Application and Supporting Appendix
ML19247B4312019-09-0303 September 2019
Application of the Commonwealth of Massachusetts for a Stay of the Effectiveness of the NRC Staff Actions Approving the License Transfer Application and Request for an Exemption to Use the Decommissioning Trust Fund for Non-Decommissioning
ML19246A0322019-09-0303 September 2019
Watch Motion to Stay Staff Order of August 22, 2019 Granting Exemption
ML19246A0332019-09-0303 September 2019
Watch Motion Under 10 C.F.R 2.1327 to Stay Staff Order of August 22, 2019
ML19230A0212019-08-18018 August 2019
Reply of the Commonwealth of Massachusetts in Support of Its Motion for an Enlargement of Time to File an Application to Stay a Nuclear Regulatory Commission Staff Order Approving the License Transfer Application
ML19227A0682019-08-15015 August 2019
Emergency Motion of the Commonwealth of Massachusetts for Clarification of the Commission'S August 14, 2019 Memorandum and Order
ML19227A3982019-08-15015 August 2019
Emergency Motion of the Commonwealth of Massachusetts for an Enlargement of Time to File an Application to Stay a Nuclear Regulatory Commission Staff Order Approving the License Transfer Application
ML19213A3132019-08-0101 August 2019
Motion of the Commonwealth of Massachusetts to Stay Proceeding to Complete Settlement Negotiations
ML19129A3732019-05-0909 May 2019
Commonwealth of Massachusetts' Reply in Support of Motion to Supplement Its Petition with New Information
ML19129A4732019-05-0909 May 2019
Watch Motion to Supplement Its Motion to Intervene and Request for Hearing, Biodiversity (05.09.19)
ML19114A5192019-04-24024 April 2019
Motion of the Commonwealth of Massachusetts to Supplement Its Petition with New Information
ML19091A1892019-04-0101 April 2019
Watch Reply to Applicant'S Answer Opposing Pilgrim Watch Petition for Leave to Intervene and Hearing Request
ML19077A2092019-03-18018 March 2019
Notices of Appearance of David R. Lewis, Anne R. Leidich, and Susan H. Raimo
ML19077A2762019-03-18018 March 2019
Unopposed Motion of the Commonwealth of Massachusetts for an Enlargement of Time to File Its Reply
ML12257A3392012-09-13013 September 2012
Filed Copy - Joint Motion to Amend Briefing Schedule - Massachusetts V NRC - 1st Cir 12-1404 and 12-1772
ML12195A0802012-07-13013 July 2012
Notice of Appearance for Joseph A. Lindell for ESA Roseate Term
ML12157A1872012-06-0505 June 2012
Notice of Appearance from Joseph A. Lindell on Entergy Nuclear Operations, Inc., (Pilgrim)
ML12137A2582012-05-16016 May 2012
Notice of Appearance for Joseph A. Lindell
ML12136A5172012-05-15015 May 2012
NRC Staff'S Unopposed Motion for an Extension of Time to Respond to Jones River Watershed Association and Pilgrim Watch'S May 14, 2012, Request to Reopen, for a Hearing and to File New Contentions
ML12132A4682012-05-11011 May 2012
Motion to Strike
ML12097A2222012-04-0505 April 2012
Entergy Motion to Strike Petitioners' Affidavit and Portions of Petitioners' Reply
ML11357A2092011-12-23023 December 2011
Commonwealth of Massachusetts' Motion to Reply to NRC Staff and Entergy Oppositions to Commonwealth Appeal of LBP-11-35
ML11290A1812011-10-17017 October 2011
Commonwealth of Massachusetts Motion to Reply to NRC Staff Answer to Massachusetts Request to Stay Commission Decision on Pilgrim Watch Appeal or in the Alternative to Strike Reference to Massachusetts Expert
ML11258A0262011-09-15015 September 2011
Commonwealth of Massachusetts Amended Motion to Reply to NRC Staff and Entergy Oppositions to Commonwealth Motion to Supplement Bases to Its Contention
ML11256A3042011-09-13013 September 2011
Commonwealth of Massachusetts Motion to Reply to NRC Staff and Entergy Oppositions to Commonwealth Motion to Supplement Bases to Its Contention
ML11235B0962011-08-23023 August 2011
Applicant'S Motion for Issuance of Renewed License
ML11223A2842011-08-11011 August 2011
Commonwealth of Massachusetts Motion to Supplement Bases to Commonwealth Contention to Address NRC Task Force Report on Lessons Learned from the Radiological Accident at Fukushima
ML1115303402011-06-0202 June 2011
Commonwealth of Massachusetts' Motion to Admit Contention and, If Necessary, to Re-Open Record Regarding New and Significant Information Revealed by Fukushima Accident
ML1115303442011-06-0202 June 2011
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
ML1113905722011-05-19019 May 2011
Commonwealth of Massachusetts Motion to Reply to Entergy'S Answer Opposing Commonwealth'S Joinder in Petition to Suspend the License Renewal Proceeding for the Pilgrim Nuclear Power Plant and Request for Additional Relief
ML1113905702011-05-19019 May 2011
Commonwealth of Massachusetts Motion to Reply to the Answers of the NRC Staff and Entergy in Opposition to the Commonwealth of Massachusetts Motion to Hold Licensing Decision in Abeyance Pending Commission Decision Weather to Suspend the Pi
ML1112203262011-05-0202 May 2011
Commonwealth of Massachusetts Motion to Hold Licensing Decision in Abeyance Pending Commission Decision Whether to Suspend the Pilgrim Proceeding to Review the Lessons of the Fukushima Accident
ML1102407012011-01-24024 January 2011
Entergy'S Motion to Strike Portions of Pilgrim Watch'S Reply to Entergy'S and the NRC Staff'S Answers Opposing Pilgrim Watch'S Request for Hearing on a New Contention
ML1101306682011-01-13013 January 2011
Entergy'S Motion in Limine to Exclude from Evidence Pilgrim Watch'S Sama Remand Pre-Filed Testimony and Exhibits
ML1100503302010-12-30030 December 2010
Entergy Request for Change in Hearing Date
ML1035004002010-12-13013 December 2010
Pilgrim Watch Request for Hearing on a New Contention: Inadequacy of Entergy'S Aging Management of Non-Environmentally Qualified (EQ) Inaccessible Cables (Splices) at Pilgrim Station
ML1032103122010-11-0404 November 2010
Pilgrim Watch Request Extension Submit Affidavits
ML1027800452010-10-0404 October 2010
NRC Staff'S Answer to Pilgrim Watch Motion Regarding ASLB Refusal to Respond to Pilgrim Watch'S Motion for Clarification
ML1027300422010-09-22022 September 2010
Pilgrim Watch Motion Regarding ASLB Refusal to Respond to Pilgrim Watch'S Motion for Clarification ASLB Order (Sept 2, 2010)
ML1025803182010-09-0909 September 2010
Pilgrim Watch Motion for Clarification ASLB Order (Sept. 02, 2010)
ML1017301822010-06-16016 June 2010
Motion Requesting Leave to File Response to Judge Paul B. Abramson Decision on Recusal Motion (June 10, 2010)
ML1015404252010-05-26026 May 2010
Pilgrim Watch Request for Permission, and Reply to NRC Staff'S Response to Pilgrim Watch Motion to Disqualify Judge Abramson
ML1014500892010-05-24024 May 2010
NRC Response to Pilgrim Watch Motion to Disqualify Judge Paul B. Abramson
ML1015404242010-05-24024 May 2010
Pilgrim Watch Request for Permission, and Reply to Entergy'S Opposition to Pilgrim Watch Motion to Disqualify Judge Abramson
2020-03-19
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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) )
REPLY OF THE COMMONWEALTH OF MASSACHUSETTS IN SUPPORT OF ITS MOTION FOR AN ENLARGEMENT OF TIME TO FILE AN APPLICATION TO STAY A NUCLEAR REGULATORY COMMISSION STAFF ORDER APPROVING THE LICENSE TRANSFER APPLICATION Petitioner, the Commonwealth of Massachusetts (Commonwealth or Massachusetts),
submits this short reply to: (i) clarify the scope of its Motion for an Enlargement of Time to File an Application to Stay a Nuclear Regulatory Commission (NRC) Staff Order Approving the License Transfer Application; (ii) refute Applicants misleading characterization of the bases for the extension request; and (iii) describe why the Commonwealths interests in a short extension outweigh Applicants purported concerns.1 In short, Applicants provide no basis for denying what amounts to a short, five calendar day enlargement of time.
First, on Friday, August 16, 2019, the Commission entered an Order on the Commonwealths Emergency Motion for Clarification of the Commissions August 14, 2019 Memorandum and Order (CLI-19-08), which helpfully clarifies that an application to stay under 1
Applicants filed their Answer under 10 C.F.R. § 2.1325, which, unlike other NRC regulations that expressly prohibit replies either completely, id. § 2.1327(c), or without leave, id.
§ 2.323(c), is silent on the issue, id. § 2.1325; see also Barnhart v. Sigmon Coal Co., 534 U.S.
438, 452 (2002) (disparate inclusion or exclusion of term presumed intentional).
10 C.F.R. § 2.1327 would be due five days from the date the NRC Staff issues an order approving the license transfer application. In light of that decision, the Commonwealths requested enlargement of time is effectively for only five additional days beyond what the regulation provides. See Mot. for Enlargement of Time at 1 (seeking permission to file application within ten days of the date the NRC Staff issues a license transfer approval order).
Second, Applicants mischaracterize the basis for the Commonwealths request for an extension. See Applicants Answer at 4. Contrary to Applicants misleading representation, Counsel for the Commonwealth provided concrete examples of the pre-existing obligations that justify the requested enlargement of time, including an appearance for an August 28, 2019, argument in the United States District Court for the District of Massachusetts that cannot be rescheduled in a case that implicates the constitutionality of a Massachusetts law. See Mot. for Enlargement of Time ¶ 3, at 3. As the Commission made clear in a case Applicants themselves cite, pre-existing commitments, including ones dictated by the judiciary, provide legitimate bases for satisfying the Commissions good cause requirement. Tennessee Valley Auth. (Bellefonte Nuclear Plant, Units 1 & 2), CLI-10-26, 72 N.R.C. 474, 476 (2010).
Third, Applicants concern about how [a]ny prolonged uncertainty may impact Pilgrim employees provides absolutely no basis for denying the Commonwealths request for five extra days to protect the interests of the tens of thousands of Massachusetts residents and their communities that surround Pilgrim and the millions of Massachusetts taxpayers that may be adversely affected by Applicants requested action. And, in no event should a decision that Holtec and Entergy elected to maketo delay the submission of their application to such time as NRC action on it was certain to occur after the plants closurebe allowed to deny the Commonwealths reasonable, supported request for a mere five calendar day extension.
For the foregoing reasons, and for good cause shown, the Commonwealth requests that the Secretary grant its Motion for an Enlargement of Time.
Respectfully submitted this 18th day of August, 2019, Respectfully submitted, COMMONWEALTH OF MASSACHUSETTS By its attorneys, MAURA HEALEY ATTORNEY GENERAL Signed (electronically) by SETH SCHOFIELD Senior Appellate Counsel JOSEPH DORFLER Assistant Attorney General Energy and Environment Bureau Massachusetts Attorney Generals Office One Ashburton Place, 18th Floor Boston, Massachusetts 02108 617-963-2000 seth.schofield@mass.gov Dated: August 18, 2019 joseph.dorfler@mass.gov 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) )
CERTIFICATION OF SERVICE Pursuant to 10 C.F.R. § 2.305, I certify that the Commonwealth of Massachusetts Reply in Support of its Motion for an Enlargement of Time has been served on all parties to this proceeding through the Electronic Information Exchange, the NRCs e-filing system, in the above-captioned proceeding this 18th day of August 2019.
Signed (electronically) by SETH SCHOFIELD Senior Appellate Counsel Energy and Environment Bureau Massachusetts Attorney Generals Office One Ashburton Place, 18th Floor Boston, Massachusetts 02108 617-963-2000 Dated: August 18, 2019 seth.schofield@mass.gov 19-08.18 [2] - Reply in Supp. of Mot. for Ext.doc