ML111220326

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

ML111220326
Person / Time
Site:	Pilgrim
Issue date:	05/02/2011
From:	Borch M State of MA, Dept of Environmental Protection, State of MA, Office of the Attorney General
To:	Atomic Safety and Licensing Board Panel
SECY RAS
Shared Package
ML111240031	List: ML111220326
References
RAS 20078, 50-293-LR, ASLBP 06-848-02-LR
Download: ML111220326 (3)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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

(Pilgrim Nuclear Power Station) ) May 2, 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 The Commonwealth of Massachusetts respectfully requests the Atomic Safety and Licensing Board (Pilgrim ASLB) to hold its decision in abeyance whether to relicense the Pilgrim Nuclear Power Plant for an additional twenty (20) years until the Nuclear Regulatory Commission (NRC or Commission) issues a decision on the pending petition to suspend the Pilgrim relicensing proceeding to consider new and significant information on the lessons of the accident at the Fukushima Daiichi Nuclear Power Station (Petition).1 In support of this Motion, and as an Interested State in the Pilgrim relicensing proceeding, the Commonwealth states:

1. Between April 14 and 18, 2011, various public interest groups (Petitioners) requested the Commission to suspend adjudicatory, licensing, and rulemaking activities in more than twenty (20) nuclear power proceedings across the country, including the license renewal proceeding for the Pilgrim nuclear power plant 1

Commonwealth of Massachusetts Response to Commission Order Regarding Lessons Learned From the Fukushima Daiichi Nuclear Power Station Accident, Joinder in Petition to suspend the License Renewal Proceeding for the Pilgrim Nuclear Power Plant, and Request for Additional Relief (May 2, 2011)(filed herewith).

located in Plymouth, Massachusetts.2 In part, the Petitioners also requested the Commission to exercise its supervisory jurisdiction over License Renewals to ensure the consideration in those proceedings of new and significant information regarding the safety and environmental implications of the ongoing catastrophic radiological accident at the Fukushima Daiichi Nuclear Power Station3

2. On April 19, 2011, the Commission issued an order inviting answers or amicus curiae responsive to the petition (Order) to be filed by May 2.4

3. Consistent with the Commissions Order, today the Commonwealth is filing a response (Response), which includes a request to suspend the Pilgrim relicensing proceeding pending further consideration of new and significant information arising from the Fukushima accident regarding the risks associated with the spent fuel pool at Pilgrim and related issues, and an additional thirty days to submit expert testimony with initial findings in support this request and for related relief.5

4. To allow for an orderly process, and in view of the Commissions own stated intent to entertain further filings on the license suspension and related issues, the Commonwealth is requesting the Pilgrim ASLB to grant a housekeeping or anticipatory stay to allow the Commission to decide these issues before the Pilgrim ASLB may render a final licensing decision. See Sacramento Municipal Utility District (Rancho Seco 2

Emergency Petition to Suspend All Pending Reactor Licensing Decisions and Related Rulemaking Decisions Pending Investigation of Lessons Learned from Fukushima Daiichi Nuclear Power Station Accident (April 14 - 18, 2011)(Petition). NRC Adams Number ML111040355; Corrected Petition ML111091154 (filed in the Pilgrim Relicensing Proceeding April 18, 2011).

3 Petition at 1.

4 Scheduling Order of the Secretary Regarding Petitions to Suspend Adjudicatory, Licensing and Rulemaking Activities (April 19, 2011). Adams Number ML111091156.

5 Response cited at FN 1.

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Nuclear Generating Station), CLI-92-2, 35 NRC 47, 61 (1992); see also Long Island Lighting Co. (Shoreham Nuclear Power Station, Unit 1), CLI-91-8, 33 NRC 461, 468 (1991).6 This is consistent with NRC customary practice to facilitate orderly judicial review as appropriate. See Yankee Atomic Electric Co. (Yankee Nuclear Power Station),

CLI-96-5, 43 NRC 53, 60 (1996).

Respectfully submitted,

/s/ Matthew Brock 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 April 29, 2011, I forwarded the Motion to all parties of record in the above proceeding (but NRC Staff counsel inadvertently were not served). On May 2, I forwarded the Motion to NRC Staff counsel and also spoke to NRC Staff Counsel Susan Uttal. The NRC Staff and counsel for Entergy have advised that they will oppose the Motion.

/s/Matthew Brock 6

The Commonwealth is not clear whether in fact this would happen prior to a Commission decision but wants to ensure it is not prejudiced in this process. As the Commonwealth has noted in its Response, pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. § 4321 and the Atomic Energy Act of 1954, 42 U.S.C. § 2011, the NRC must consider the new and significant information arising from Fukushima prior to relicensing.

3