ML19238A283

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Letter from NRC Acting Secretary to Diane Turco of Cape Downwinders and Deb Katz of Citizens Awareness Network
ML19238A283
Person / Time
Site: Pilgrim
Issue date: 08/26/2019
From: Bavol R
NRC/SECY
To: Katz D, Turco D
Cape Downwinders, Citizens Awareness Network
SECY RAS
References
50-293-LT, 72-1044-LT, License Transfer, RAS 55206
Download: ML19238A283 (5)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 August26,2019 SECRETARY Ms. Diane Turco Director

  • Cape Downwinders PO Box 303 South Harwich, MA 02661 Ms. Deb Katz Executive Director Citizens Awareness Network deb@nukebusters.org

Dear Ms. Turco and Ms. Katz:

On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am responding to your letter of August 20, 2019, to Chairman Svinicki regarding the Pilgrim Nuclear Power Station license transfer request from Entergy and Holtec (Docket Nos. 50-593 and 72-1044). In your letter, you request that the NRC delay its decision on .the license transfer application until after the Commission rules upon the license transfer intervention petition filed by the Commonwealth of Massachusetts. 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 or comment on your request 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.

Sincerely, Rochelle C. Bavol Acting Secretary

o~t:*J*

Cape

!~) J Downwinders

  • J PO Box 303 South Harwich, MA 02661 August20,2019 Kristine L. Svinicki, Chair U.S. Nuclear Regulatory Commission Mail Stop-0-16 B33 Washington, DC 20555-0001 chairman@nrc.gov

Dear Chairman Svinicki,

Cape Downwinders and Citizens Awareness Network are regional citizens organization advocating for the best protection for the public and environment during the decommissioning and spent fuel management activities at the Pilgrim Nuclear Power Station in Plymouth, MA.

We are very concerned that the NRC Commissioners, mandated to protect the public and environment, will approve the License Transfer Application from Entergy to Holtec without a public hearing on the all the contentions filed. We fully support our Attorney General's Office petition to intervene and find that a premature NRC decision to approve the license transfer only supports Holtec's financial interest and not standards for public health and safety that clearly impact our communities.

The NRC promotes the value of communication and public input, yet, when it comes to legal intervention pursued on our behalf by our AGO, the NRC not only denies a stay of 90 days but plows forward to meet Holtec's demands with license approval before an adjudicatory hearing is held. Business as usual.

In their petition to intervene, the AGO identified the "risk of a funding shortfall is radiological , environmental, and financial." This is a serious matter that must not be rushed in order to accommodate Holtec's bottom line. Can we agree decommissioning must be done in the safest and most responsible manner? That is not the guaranteed plan as it stands now. The Commonwealth has raised serious issues that must be resolved before license transfer.

Approving the license before the hearing also removes any incentive for Holtec to meet the recommendations of the Commonwealth.

Will the public concerns be heard and acted upon by you and the Commissioners? We, the citizens, do not consent to the license transfer at this time. We petition to suspend the license transfer from Entergy to Holtec until there is resolution to the contentions raised. Otherwise, the NRC has reneged it's responsibility to the people they are mandated to protect.

We look forward to your response.

Diane Turco, Director Deb Katz, Executive Director Cape Downwinders Citizens Awareness Network Qgpedownwindersinfo@ gmail.com deb@nukebusters.org cc:

Senator Edward Markey Senator Elizabeth Warren Representative William Keating Governor Charlie Baker Attorney General Maura Healey State Senator Julian Cyr State Senator Vinny deMacedo Representative Sarah Peake

Representative Timothy Whelan Representative William Crocker Representative Dylan Fernades Representative David Vieira Representative Randy Hunt Representative Ruth Balser NDCAP Chair Sean Mullin Plymouth Selectboard Chair Ken Tavares

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

)

ENTERGY NUCLEAR OPERATIONS, INC. )

ENTERGY NUCLEAR GENERATION ) Docket Nos. 50-293 and 72-1044 LT COMPANY, HOLTEC INTERNATIONAL, )

and HOLTEC DECOMMISSIONING )

INTERNATIONAL, LLC )

)

(Pilgrim Nuclear Power Station )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Letter from NRC Acting Secretary, Rochelle Bavol, to Diane Turco of Cape Downwinders and Deb Katz of Citizens Awareness Network have been served upon the following persons by Electronic Information Exchange.

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Office of the General Counsel Mail Stop: O-16B33 Mail Stop - O-14A44 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov Tison A. Campbell, Esq.

Anita G. Naber, Esq.

U.S. Nuclear Regulatory Commission David E. Roth, Esq.

Office of the Secretary of the Commission Rebecca A. Susko, Esq.

Mail Stop: O-16B33 Jeremy L. Wachutka, Esq.

Washington, DC 20555-0001 Jennifer E. Scro, Esq.

E-mail: hearingdocket@nrc.gov E-mail: Tison.Campbell@nrc.gov Anita.Naber@nrc.gov Atomic Safety and Licensing Board Panel David.Roth@nrc.gov U.S. Nuclear Regulatory Commission Rebecca.Susko@nrc.gov Washington, DC 20555-0001 Jeremy.Wachutka@nrc.gov E. Roy Hawkens, Chairman Jennifer.Scro@nrc.gov E-mail: Roy.Hawkens@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 Diane Turco of Cape Downwinders and Deb Katz of Citizens Awareness Network Balch & Bingham LLP Pilgrim Watch 1710 Sixth Avenue North F148 Washington Street Birmingham, AL 35203-2015 Duxbury, MA 02332 Peter R. LeJeune, Esq Mary Lampert, Director Alan D. Lovett, Esq, E-mail: Mary.Lampert@comcast.net E-mail: plejeune@balch.com alovett@balch.com Counsel for the Commonwealth of Massachusetts:

Pillsbury Winthrop Shaw Pittman LLP Energy and Environmental Bureau 1200 Seventeenth Street, NW Office of the Attorney General Washington, DC 20036 One Ashburton Place, 18th Floor Meghan Hammond, Esq. Boston, Massachusetts 02108 David R. Lewis, Esq. Joseph Dorfler, Esq.

E-mail: Meghan.Hammond@pillsburylaw.com Seth Schofield, Esq.

David.Lewis@pillsburylaw.com 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 2