ML19238A279
| ML19238A279 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 08/26/2019 |
| From: | Bavol R NRC/SECY |
| To: | Keating W, Markey E, Warren E US Congress, US SEN (Senate) |
| SECY RAS | |
| References | |
| 50-293-LT, 72-1044-LT, License Transfer, RAS 55205 | |
| Download: ML19238A279 (7) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 August 26, 2019 SECRETARY The Honorable Edward J. Markey United States Senate Washington, DC 20515
Dear Senator Markey:
On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter of August 21, 2019, to Chairman Svinicki regarding the Pilgrim Nuclear Power Station license transfer request from Entergy and Holtec (Docket Nos. 50-593 and 72-1044). Your letter requests that the NRC delay its decision on the license transfer application until after the Commission rules upon the license transfer interver:,tion petitions filed by the Commonwealth of Massachusetts and Pilgrim Watch as* well as the motion filed by the Commonwealth requesting extra time in which to file a stay application. The motion requesting extra time was granted on August 21, 2019. The license transfer was approved on August 22, 2019.
Because your request bears on the contested adjudication pending before the Commission, it would be inappropriate for the Chairman to discuss this matter at this time. This is because the Commission must remain impartial during the pendency of the adjudication.
A copy of your letter and this response will be served on the participants in the Pilgrim license transfer proceeding.
cc:
Senator Elizabeth Warren Representative William R. Keating Sincerely, Rochelle C. Bavol Acting Secretary
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 August 26, 2019 SECRETARY The Honorable Elizabeth Warren United States Senate Washington, DC 20515
Dear Senator Warren:
On behalf of the U.S. Nuclear Regulatory Commission (NRG), I am responding to your letter of August 21, 2019, to Chairman Svinicki regarding the Pilgrim Nuclear Power Station license transfer request from Entergy and Holtec (Docket Nos. 50-593 and 72-1044). Your letter requests that the NRG delay its decision on the license transfer application until after the Commission rules upon the license transfer intervention petitions filed by the Commonwealth of Massachusetts and Pilgrim Watch as well as the motion filed by the Commonwealth requesting extra time in which to file a sfay application. The motion requesting extra time was granted on August 21, 2019. The license transfer was approved on August 22, 2019.
Because your request bears on the contested adjudication pending before the Commission, it would be inappropriate for the Chairman to discuss this matter at this time. This is because the Commission must remain impartial during the pendency of the adjudication.
A copy of your letter and this response will be served on the participants in the Pilgrim license transfer proceeding.
cc:
Senator Edward J. Markey Representative William R. Keating Sincerely, Rochelle C. Bavol Acting Secretary
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 August 26, 2019 SECRETARY The Honorable William R. Keating United States House of Representatives Washington, DC 20515
Dear Congressman Keating:
On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter of August 21, 2019, to Chairman Svinicki regarding the Pilgrim Nuclear Power Station license transfer request from Entergy and Holtec (Docket Nos. 50-593 and 72-1044 ). Your letter requests that the NRC delay its decision on the license transfer application until after the Commission rules upon the license transfer intervention petitions filed by the Commonwealth of Massachusetts and Pilgrim Watch as well as the motion filed by the Commonwealth requesting extra time in which to file a stay application. The motion requesting extra time was granted on August 21, 2019. The license transfer was approved on August 22, 2019.
Because your request bears on the contested adjudication pending before the Commission, it would be inappropriate for the Chairman to discuss this matter at this time. This is because the Commission must remain impartial during the pendency of the adjudication.
A copy of your letter and this response will be served on the participants in the Pilgrim license transfer proceeding.
cc:
Senator Edward J. Markey Senator Elizabeth Warren Sincerely, Rochelle C. Bavol Acting Secretary
<trnngr£ss nf ilf £ 1!tnit£b. §tat£s mnsqington, il<E 20515 The Honorable Kristine L. Svinicki Chairman Nuclear Regulatory Commission Mail Stop 0-1604 Washington, DC 20555-0001
Dear Chairman Svinicki,
August 21, 2019 We write to urge you to direct the Nuclear Regulatory Commission (NRC) staff to delay final ruling on the Pilgrim Nuclear Power Station license transfer request from Entergy and Holtec (Docket No. 50-293 & 72-1004) until after the Commission has ruled upon the petitions and motion currently in the proceeding docket, including the petition filed last week by the Commonwealth of Massachusetts. We also wish to express our support for the petition filed by the Commonwealth to request extra time in which to file a stay application, following the official order from NRC staff on the license transfer.
NRC staff evaluated the application to transfer the Pilgrim license from Entergy Nuclear Operations, Inc. to Holtec International and Holtec Decommissioning International and have recommended that it be approved by the Nuclear Regulatory Commission next week. As part of these proceedings, the Commonwealth of Massachusetts and Pilgrim Watch, a local citizens' organization, both filed petitions to intervene and for hearing requests. An additional petition from the Commonwealth to stay the proceedings was denied by the Commiss~on on August 14, 2019, in part because the NRC staff had not yet issued the official order for the license transfer.
On August 15, 2019, the Commonwealth filed an emergency motion asking the NRC for a short enlargement of time to file a stay application on the license transfer pursuant to 10 CFR Section 2.307 and 10 CFR Section 2.1325, in order to allow the Attorney General's office more time to discuss a settlement with Entergy and Holtec. The citizen group Pilgrim Watch wrote in support of that emergency motion. A ruling from the NRC on this emergency motion is still pending.
The Commission has prioritized nuclear industry timelines over the public interest throughout the license transfer and decommissioning process, and it appears to be moving forward without regard for the repeated expression of stakeholder concerns. As Holtec and Entergy refuse to sit down and discuss the transfer with involved state and local parties, the Commission's PRINTED ON RECYCLED PAPER
intervention is increasingly necessary for transparency and a rigorous evaluation of the transfer request. As a result, we express our support for the Commonwealth's application to extend the timeline for intervention to allow for more time to reach a settlement with Entergy and Holtec as well as for the dual petitions for hearings and interventions.
Sincerely,
~%*~
Edward ~ Markey United States Senator Elizabeth Warren United States Senator
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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ENTERGY NUCLEAR OPERATIONS, INC.
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ENTERGY NUCLEAR GENERATION
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Docket Nos. 50-293 and 72-1044 LT COMPANY, HOLTEC INTERNATIONAL,
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and HOLTEC DECOMMISSIONING
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INTERNATIONAL, LLC
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(Pilgrim Nuclear Power Station
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Letters from NRC Acting Secretary, Rochelle Bavol, to Senator Markey, Senator Warren and Congressman Keating, have been served upon the following persons by Electronic Information Exchange.
U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Mail Stop: O-16B33 Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Mail Stop: O-16B33 Washington, DC 20555-0001 E-mail: hearingdocket@nrc.gov Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E. Roy Hawkens, Chairman E-mail: Roy.Hawkens@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-14A44 Washington, DC 20555-0001 Tison A. Campbell, Esq.
Anita G. Naber, Esq.
David E. Roth, Esq.
Rebecca A. Susko, Esq.
Jeremy L. Wachutka, Esq.
Jennifer E. Scro, Esq.
E-mail: Tison.Campbell@nrc.gov Anita.Naber@nrc.gov David.Roth@nrc.gov Rebecca.Susko@nrc.gov Jeremy.Wachutka@nrc.gov Jennifer.Scro@nrc.gov Entergy Services, Inc.
101 Constitution Ave., NW Suite 200 East Washington, DC 20001 Susan H. Raimo E-mail: sraimo@entergy.com
Pilgrim Nuclear Power Station Docket Nos. 50-293 and 72-1044 LT Letters from NRC Acting Secretary, Rochelle Bavol, to Senator Markey, Senator Warren and Congressman Keating 2
Balch & Bingham LLP 1710 Sixth Avenue North Birmingham, AL 35203-2015 Peter R. LeJeune, Esq Alan D. Lovett, Esq, E-mail: plejeune@balch.com alovett@balch.com Pillsbury Winthrop Shaw Pittman LLP 1200 Seventeenth Street, NW Washington, DC 20036 Meghan Hammond, Esq.
David R. Lewis, Esq.
E-mail: Meghan.Hammond@pillsburylaw.com David.Lewis@pillsburylaw.com Pilgrim Watch F148 Washington Street Duxbury, MA 02332 Mary Lampert, Director E-mail: Mary.Lampert@comcast.net Counsel for the Commonwealth of Massachusetts:
Energy and Environmental Bureau Office of the Attorney General One Ashburton Place, 18th Floor Boston, Massachusetts 02108 Joseph Dorfler, Esq.
Seth Schofield, Esq.
E-mail: Joseph.Dorfler@state.ma.gov Seth.Schofield@mass.gov
[Original signed by Herald M. Speiser ]
Office of the Secretary of the Commission Dated at Rockville, Maryland, this 26th day of August 2019