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Category:Legal-Order
MONTHYEARML20317A1172020-11-12012 November 2020
Commission Memorandum and Order (CLI-20-12)
ML20206K8542020-07-22022 July 2020
Order Directing Dismissal of Case (DC Cir.)(Case No. 19-1198)
NRC-72-1044, 7-22-20 Order (DC Cir.)(Case No. 19-1198)(Consolidated with 20-1019)2020-07-22022 July 2020
7-22-20 Order (DC Cir.)(Case No. 19-1198)(Consolidated with 20-1019)
ML20156A4042020-06-0404 June 2020
Order of the Secretary
ML20062G8622020-03-12012 March 2020
2-12-20 Order Consolidating Cases (DC Cir.)(Case No. 19-1198)
ML20014E6612020-01-14014 January 2020
Letter from Commission Secretary Annette Vietti-Cook to Janet Azarovitz
ML19353C7492019-12-19019 December 2019
Letter from Commission Secretary Annette Vietti-Cook to Mary Lampert of Pilgrim Watch
ML19351D6952019-12-17017 December 2019
Commission Memorandum and Order (CLI-19-11)
ML19303B3132019-10-28028 October 2019
Statement of Issues (DC Cir.)(Case No. 19-1198) 10-28-19
ML19274B2762019-09-27027 September 2019
Massachusetts Scheduling Order (DC Cir.)(Case No. 19-1198)- 9-27-19
ML19256C4952019-09-13013 September 2019
Order (Granting Motion for Twenty-Two Minute Enlargement of Time)
ML19255J0832019-09-12012 September 2019
Letter from Commission Secretary Annette Vietti-Cook to David Madigan, Et Al
ML19283C9552019-09-11011 September 2019
Letter from Commission Secretary Annette Vietti-Cook to Congressman William R. Keating
ML19253D1862019-09-10010 September 2019
Letter from Commission Secretary Annette Vietti-Cook to Diane Turco and Deb Katz
ML19248C8112019-09-0505 September 2019
Order (Clarifying Deadline for Responding to Motions for Stay)
ML19246A8082019-09-0303 September 2019
Letter from NRC Acting Secretary, Rochelle C. Bavol, to Judeth Van Hamm
ML19241A5872019-08-29029 August 2019
Letter from NRC Acting Secretary, Richard Laufer, to Lawrence Delafield
ML19241A5882019-08-29029 August 2019
Letter from NRC Acting Secretary, Richard Laufer, to Janet Azarovitz
ML19238A2792019-08-26026 August 2019
Letters from NRC Acting Secretary, Rochelle Bavol, to Senator Markey, Senator Warren and Congressman Keating Re Pilgrim Nuclear Power Station License Transfer Request
ML19238A2832019-08-26026 August 2019
Letter from NRC Acting Secretary to Diane Turco of Cape Downwinders and Deb Katz of Citizens Awareness Network
ML19238A2982019-08-26026 August 2019
Letter from NRC Acting Secretary to Henrietta Cosentino of the Plymouth Area League of Women Voters
ML19170A1012019-08-22022 August 2019
Letter, Order Approving Direct and Indirect Transfer of Renewed Facility Operating License to Holtec Pilgrim, LLC, Owner and Holtec Decommissioning International, LLC, Operator
ML19233A2892019-08-21021 August 2019
Order (Granting Motion for Extension of Time)
ML19228A1322019-08-16016 August 2019
Order (Clarifying NRC Staff Filing of a Notification of Significant Licensing Action)
ML19226A1072019-08-14014 August 2019
Commission Memorandum and Order CLI-19-08
ML19225D2552019-08-13013 August 2019
Letter to the Honorable Edward J. Markey from Annette L. Vietti-Cook, Secretary of the Commission
ML19095B1692019-04-0505 April 2019
Memorandum to the Parties (Regarding Commissioner Caputo'S Upcoming Site Visit)
ML19079A3012019-03-20020 March 2019
Order (Granting Petitioners Extension of Time to Reply to Applicants' Answer)
ML19066A3152019-03-0707 March 2019
Letters from Commission Secretary Annette Vietti-Cook to Senators Edward J. Markey, Elizabeth Warren, and Bill Keating
ML19059A4442019-02-28028 February 2019
Letter from Commission Secretary Annette Vietti-Cook to Senator Vinny Demacedo, Et Al
ML17096A7362017-04-0606 April 2017
Commission Memorandum and Order (CLI-17-06)
ML16299A1852016-10-20020 October 2016
Letter from the Chairman to Senator Edward J. Markey, Et Al. Re Entergy Nuclear Operations, Inc. Request for Extension of Time to Comply with NRC Order EA-13-109 for Pilgrim Nuclear Power Station
ML12341A0782012-12-0606 December 2012
CLI-12-21 Memorandum and Order Denying Jones River Watershed Association and Pilgrim Watch Review of LBP-12-11
ML12264A3882012-09-18018 September 2012
Entergy Nuclear Operations, Inc.; Entergy Nuclear Generation Company Order Granting Extension
ML12264A3942012-09-18018 September 2012
Entergy Nuclear Operations, Inc.; Entergy Nuclear Generation Company Corrected Order
ML12202B0802012-07-20020 July 2012
Memorandum and Order (Denying Petition for Intervention and Request to Reopen Proceeding and Admit New Contention)
ML12202B1742012-07-20020 July 2012
Order of the Secretary Extending Time for Commission Review of LBP-12-11
ML12170A9142012-06-18018 June 2012
Memorandum and Order (Denying Petition for Intervention and Request to Reopen Proceeding and Admit New Contention, LBP-12-11)
ML12159A1522012-06-0707 June 2012
Memorandum and Order - CLI-12-15
ML12146A1112012-05-25025 May 2012
Response of the Secretary to the April 30, 2012 Request of Pilgrim Water and Jones River Watershed Association Opposing NRC Staff'S Recommendation in Secy 12-0062
ML12145A6262012-05-24024 May 2012
Memorandum and Order (Denying Petition for Intervention and Request to Reopen the Proceeding and Admit New Contention)
ML12138A1112012-05-17017 May 2012
Memorandum and Order, (Requesting Filing on Petitions Under 10 C.F.R. 2.206)
ML12138A1502012-05-17017 May 2012
Establishment of Atomic Safety and Licensing Board in the Matter of the Pilgrim Nuclear Power Station
ML12138A3022012-05-17017 May 2012
Order (Granting NRC Staff'S Unopposed Motion for Extension; Seeking Input from Parties)
ML12137A3132012-05-16016 May 2012
Memorandum of the Secretary Referring the Jones River Watershed Association and Pilgrim Watch'S Request to Reopen the Record, for a Hearing, to File New Contentions, and Jones River Watershed Association Motion to Intervene, in the Pilgrim
ML12136A5582012-05-15015 May 2012
Establishment of Atomic Safety and Licensing Board in the Matter of Entergy Nuclear Operations, Inc., License Renewal for Pilgrim Nuclear Power Station
ML12131A6392012-05-10010 May 2012
Secretary Referral Memorandum Referring the Jones River Watershed Association Motion to Reopen, Request for Hearing and Request to File a New Contention, in the Pilgrim Nuclear Power Station, Docket No. 50-293-LR Proceeding
ML12109A1182012-04-18018 April 2012
Inquiry (Regarding Information on Expected NMFS ESA Determination)
ML12093A2702012-04-0202 April 2012
Establishment of Atomic Safety and Licensing Board
ML12090A5182012-03-30030 March 2012
Commission Memorandum and Order CLI-12-10
2020-07-22
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Text
USCA Case #19-1198 Document #1812922 Filed: 10/28/2019 Page 1 of 6 UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT
)
COMMONWEALTH OF )
MASSACHUSETTS, )
)
Petitioner, )
)
- v. ) No. 19-1198
)
UNITED STATES NUCLEAR )
REGULATORY COMMISSION )
AND UNITED STATES OF )
AMERICA, )
)
Respondents. )
)
NON-BINDING STATEMENT OF ISSUES TO BE RAISED Pursuant to the Courts Order of September 27, 2019, Petitioner Commonwealth of Massachusetts hereby state, without waiving the right to raise additional issues, that they intend to raise the following issues in this petition for review:
- 1. Whether the Nuclear Regulatory Commissions (NRC) Final No Significant Hazards Consideration determination, which made the order to transfer the Pilgrim Nuclear Power Stations license from Entergy Nuclear Generation Company and Entergy Nuclear
USCA Case #19-1198 Document #1812922 Filed: 10/28/2019 Page 2 of 6 Operations, Inc. (collectively, Entergy) to Holtec Pilgrim, LLC and Holtec Decommissioning International, LLC (HDI) (License Transfer Approval) and the accompanying amendment to Pilgrims license (License Amendment) immediately effective, exceeded 10 C.F.R.
§ 2.1315s scope and unlawfully deprived the Commonwealth of its right to a hearing before the NRC on the underlying merits.
- 2. Whether the NRC violated the National Environmental Policy Act (NEPA) and the Administrative Procedure Act (APA) by, among other things:
(a) unlawfully segmenting its review of the License Transfer Approval and License Amendment, HDIs request that the NRC exempt it from compliance with an NRC regulation that would have prohibited it from using Pilgrims Decommissioning Trust Fund for non-decommissioning purposes (Trust Fund Exemption), and HDIs related revised PSDAR and site-specific cost estimate on which those two requests were based; (b) failing to complete an environmental impact statement on the potential direct and indirect environmental consequences of the License Transfer Approval, License Amendment, Trust Fund USCA Case #19-1198 Document #1812922 Filed: 10/28/2019 Page 3 of 6 Exemption, and PSDAR and site-specific cost estimate on which those two requests were based; (c) relying on a so-called categorical exclusion to exempt from any NEPA review the License Transfer Approval and License Amendment even though the cited NRC categorical exclusion does not apply to that action; (d) issuing an Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) for the Trust Fund Exemption without taking the required hard look at the environmental consequences of doing so, which include, among other things, the public health, safety, and environmental risks created by a funding shortfall caused by the Trust Fund Exemption.
- 3. Whether the NRCs License Transfer Approval and License Amendment, which, effective immediately, transferred Pilgrims license to new entities that do not meet the NRCs technical and financial qualification requirements and eliminated from Pilgrims license a $50 million contingency fund previously imposed by the NRC to cover any funding shortfall for radiologically decontaminating Pilgrim, violated the APA, the Atomic Energy Act (AEA), and the NRCs own regulations, USCA Case #19-1198 Document #1812922 Filed: 10/28/2019 Page 4 of 6 or are otherwise arbitrary and capricious, unsupported by substantial evidence, an abuse of discretion or not in accordance with law.
- 4. Whether the NRCs Trust Fund Exemption, which, effective immediately, authorized HDI to use Pilgrims Decommissioning Trust Fund to pay for costs that the NRCs regulations expressly prohibit (i.e.,
non-radiological cleanup and spent fuel management costs) even though the Exemption will lead to a funding shortfall and allow HDI to convert Massachusetts electric ratepayer funds collected to ensure the complete decommissioning of Pilgrim to private profit before the plant is clean and the spent nuclear fuel removed from the site, violated the APA, the Atomic Energy Act (AEA), and the NRCs own regulations, or is otherwise arbitrary and capricious, unsupported by substantial evidence, an abuse of discretion or not in accordance with law.
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USCA Case #19-1198 Document #1812922 Filed: 10/28/2019 Page 5 of 6 Respectfully submitted, COMMONWEALTH OF MASSACHUSETTS By its attorneys, MAURA HEALEY ATTORNEY GENERAL
/s/ Joseph Dorfler SETH SCHOFIELD Senior Appellate Counsel JOSEPH DORFLER Assistant Attorney General Energy and Environment Bureau Office of the Attorney General One Ashburton Place, 18th Floor Boston, Massachusetts 02108 (617) 963-2436 / 2086 seth.schofield@mass.gov Dated: October 28, 2019 joseph.dorfler@mass.gov USCA Case #19-1198 Document #1812922 Filed: 10/28/2019 Page 6 of 6 CERTIFICATE OF SERVICE I hereby certify that I electronically filed the foregoing Non-Binding Statement of Issues to be Raised with the United States Court of Appeals for the District of Columbia Circuit by using the appellate CM/ECF system on October 28, 2019, and that all parties or their counsel of record are registered as ECF Filers and that they will be served by the CM/ECF system.
Dated: October 28, 2019 /s/ Joseph Dorfler Joseph Dorfler Assistant Attorney General Energy and Environment Bureau Office of the Attorney General One Ashburton Place, 18th Floor Boston, Massachusetts 02108 (617) 963-2086 joseph.dorfler@mass.gov