ML111670905

Commonwealth of Massachusetts Motion to Reply to NRC Staff and Entergy Oppositions to the Commonwealth of Massachusetts Motion to Suspend the License Renewal Proceeding for the Pilgrim Nuclear Power Plant

ML111670905
Person / Time
Site:	Pilgrim
Issue date:	06/16/2011
From:	Brock M State of MA, Office of the Attorney General
To:	NRC/OCM
SECY RAS
Shared Package
ML111670903	List: ML111670904 ML111670905
References
50-293-LR, ASLBP 06-848-02-LR, RAS 20463
Download: ML111670905 (6)

Text

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

Entergy Nuclear Generation Co. ) Docket No. 50-293-LR And Entergy Nuclear Operations, Inc. )

(Pilgrim Nuclear Power Station) ) June 16, 2011

COMMONWEALTH OF MASSACHUSETTS MOTION TO REPLY TO NRC STAFF AND ENTERGY OPPOSITION S TO THE COMMONWEALTH OF MASSACHUSETTS MOTION TO SU SPEND THE LICENSE RENEWAL PROCEEDING FOR THE PILGRIM NUCLEAR POWER PLANT Pursuant to 10 C.F.R. § 2.323(c), the Commonwealth of Massachusetts (Commonwealth) respectfully requests that it be allowed to submit this Reply to the NRC Staff's Answer in Opposition to 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 (June 13, 2011)(Staff Opposition) and Enter gy's Answer Opposing Commonwealth of Massachusetts Conditional Motion to Suspend License Renewal Proceeding (June 13, 2011)(Entergy Opposition).

1 The Commonwealth makes this request because it could not have reasonably anticipated the arguments submitted by the Staff, including that the Commonwealth's Motion should be denied as premature because there is not an "active" petition for rulemaking pending before the Commission - a requirement that does not appear on the face of 10 C.F.R. § 2.802(d) and also, as set forth in the Commonwealth's

1 10 C.F.R. § 2.323(c) provides: "The moving party has no right to reply, except as permitted by the Secretary, the Assistant Secretary, or the presiding officer. Permission may be granted only in compelling circumstances, such as where the moving party demonstrates that it could not reasonably have anticipated the arguments to which it seeks leave to reply."

2 Reply, is a position inconsistent with the Commission's discretion to fashion an appropriate process to comply with the National Environmental Policy Act and the Atomic Energy Act. The Commonwealth also could not have anticipated that the Staff apparently would admit to "errors in the Staff's environmental documents" which, without more, support a suspension of the Pilgrim proceeding until these errors are corrected consistent with NEPA.

Entergy also spends a significant portion of its Opposition arguing that the Commonwealth claims it is entitled to an adjudicatory hearing under the National Environmental Policy Act and the Atomic En ergy Act -- regarding its new and significant information on the lessons of Fukushima -- when the Commonwealth does not make that claim in its Motion. Instead, the Commonwealth expressly states that it is up to the Commission, in its discretion, to decide on the appropriate process to address the Commonwealth's new and significant inform ation, provided that process satisfies NEPA's hard look standard of review and the Commonwealth's he aring right under the AEA. The Commonwealth seeks to clarify the record on this point and correct Entergy's material misstatement of the relief that the Commonwealth seeks in its Motion. Separately, the Commonwealth challenges Entergy's novel argument that, to expedite relicensing, the NRC may substitute a "similar" standard in NRC regulations in place of NEPA's hard look standard for compliance.

Therefore the circumstances are "comp elling" and approval of a reply is warranted. 10 C.F.R. § 2.323(c).

3 Respectfully submitted, Signed (electronically) by Matthew Brock Assistant Attorney General Environmental Protection Division Office of the Attorney General One Ashburton Place, 18th Floor

Boston, Massachusetts 02108

Tel: (617) 727-2200

Fax: (617) 727-9665 matthew.brock@state.ma.us

Certificate of Counsel On June 15, 2011, the Commonwealth notifie d all parties of record that the Commonwealth intended to file a Motion to allow Reply and Reply. Counsel for NRC Staff and Entergy have advised that they will oppose the Motion and Reply.

/s/Matthew Brock

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

Entergy Nuclear Generation Co. ) Docket No. 50-293-LR And Entergy Nuclear Operations, Inc. )

(Pilgrim Nuclear Power Station) ) June 16, 2011

CERTIFICATE OF SERVICE

I hereby certify that copies of the Commonw ealth of Massachusetts Motion to Reply to NRC Staff and Entergy Oppositions to the Commonwealth of Massachusetts Motion to Suspend the License Renewal Proceeding for the Pilgrim Nuclear Power Plant, in the above captioned proceeding, have been served upon the following persons by electronic mail this date:

Administrative Judge Richard F. Cole Atomic Safety and Licensing Board Panel Mail Stop: T-3F23

U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: Richard.Cole@nrc.gov Administrative Judge Paul B. Abramson Atomic Safety and Licensing Board Panel

Mail Stop T-3F23

U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 E-mail: Paul.Abramson@nrc.gov Administrative Judge Ann Marshall Young, Chair Atomic Safety and Licensing Board Panel Mail Stop: T-3F23

U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: Ann.Young@nrc.gov U.S. Nuclear Regulatory Commission Office of Commission Appellate

Adjudication

Mail Stop: O-16G4

Washington, DC 20555-0001 OCAAMail.Resource@nrc.gov U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Mail Stop: T-3 F23

Washington, DC 20555-0001

U.S. Nuclear Regulatory Commission Office of the Secretary

Mail Stop: O-16C1

Washington, DC 20555-0001

HearingDocket@nrc.gov

2 Richard S. Harper, Esq.

Susan L. Uttal, Esq.

Andrea Z. Jones, Esq.

Beth N. Mizuno, Esq.

Brian G. Harris, Esq.

Maxwell C. Smith

U.S. Nuclear Regulatory Commission Office of General Counsel Mail Stop: O15 D21

Washington, D.C. 20555

OGCMailCenter.Resource@nrc.gov , richard.harper@nrc.gov , susan.uttal@nrc.gov , axj4@nrc.gov , beth.mizuno@nrc.gov , brian.harris@nrc.gov , maxwell.smith@nrc.gov U.S. Nuclear Regulatory Commission Office of Nuclear Reactor Regulation

Mail Stop: O11-F1

Washington, D.C. 20555 -0001

Pillsbury, Winthrop, Shaw, Pittman LLP 2300 N Street, N.W.

Washington DC, 20037-1128

David R. Lewis, Esq.

David.lewis@pillsburylaw.com Paul A. Gaukler, Esq.

Paul.gaulker@pillsburylaw.com Jason B. Parker, Esq. Jason.parker@pillsburylaw.com

Maria.webb@pillsburylaw.com Entergy Nuclear 1340 Echelon Parkway

Mail Stop M-ECH-62 Jackson, MS 39213

Terence A. Burke, Esq.

tburke@entergy.com Duane Morris L.L.P. 505 9th Street, NW, Suite 1000

Washington, D.C. 20004-2166

Sheila Slocum Hollis, Esq.

SSHollis@duanemorris.com Katherine Tucker, Law Clerk Katie.tucker@nrc.gov

Edward Williamson Edward.williamson@nrc.gov

Pilgrim Watch Mary Lampert 148 Washington Street

Duxbury, MA 02332 Mary.Lampert@comcast.net Town of Plymouth Town Manager's Office

11 Lincoln Street Plymouth, MA 02360

Melissa Arrighi, Acting Town Manager marrighi@townhall.plymouth.ma.us

3 Kevin M. Nord, Chief Duxbury Fire Department and Emergency Management Agency 668 Tremont Street

Duxbury, MA 02332 nord@town.duxbury.ma.us Richard R. MacDonald 878 Tremont Street

Duxbury, MA 02332

Also by E-mail:

macdonald@town.duxbury.ma.us Town of Duxbury Nuclear Advisory Committee

31 Deerpath Trl.

North Duxbury, MA 02332

Rebecca Chin, Vice Chair rebeccajchin@hotmail.com Laura Pinson laura@nealgross.com

/s Matthew Brock Matthew Brock