ML091040545

Pilgrim Watch'S Request for All Correspondence and Notes of Conversation Between the Nuclear Regulatory Commission and Dr. Vinod Mubayai That Pertains to Information Not Already in the Record

ML091040545
Person / Time
Site:	Pilgrim
Issue date:	04/06/2009
From:	Lampert M Pilgrim Watch
To:	NRC/OCM
SECY RAS
References
50-293-LR, ASLBP 06-848-02-LR, RAS J-189
Download: ML091040545 (4)

Text

DOCKETED

- 3-USNRC April 6, 2009 (4:26pm)

OFFICE OF SECRETARY UNITED STATES OF AMERICA RULEMAKINGS AND ADJUDICATIONS STAFF NUCLEAR REGULATORY COMMISSION BEFORE THE U.S. NUCLEAR REGULATORY COMMISSION In the Matter of )

Entergy Nuclear Generation Co. and )

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

)

) ASLBP No. 06-848-02-LR (Pilgrim Nuclear Power Station) )

PILGRIM WATCH'S REQUEST FOR ALL CORRESPONDENCE AND NOTES OF CONVERSATION BETWEEN THE NUCLEAR REGULATORY COMMISSION AND DR. VINOD MUBAYAI THAT PERTAINS TO INFORMATION NOT ALREADY IN THE RECORD April 6, 2009 April 1, 2009 a Notice of Appointment of Adjudicatory Employee (Docket Number 50-293-LR) was served. It said that pursuant to 10 C.F.R. 2.4 notice was given that Dr. Vinod Mubayai, Staff Scientist at Brookhaven National Laboratory, has been appointed as a Commission adjudicat6ry employee to advise the Commission. regarding issues relating to intervenor Pilgrim. Watch's pending petition for review filed in this case.

The record in this proceeding has long since been closed. Pilgrim Watch questions the extent to which Dr. Mubayi properly may provide expert"advicd'to the Commission regarding that closed record. However, what seems clear is that the Commission could not properly seek new facts and opinions from Dr. Mubayi, and add this new material to the already closed record or base its decision upon them.

For that reason, Pilgrim Watch requests all correspondence and records of conversation between Dr. Mubayai and the Commission regarding any fact or opinion that might be viewed as not already in the record. Consistent with President Obamads call for transparency in government decision making, the Commission should take every step to ensure that all of the evidence on 0&/54

N which the Commission's decision eventually will be based is part of the public record. The public wishes to be assured of a fair hearing; and we know that you, in turn, wish to maintain public confidence.

Respectfully submitted, Mary Lampert Pilgrim Watch, pro se 148 Washington Street Duxbury, MA 02332

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

)

Entergy Nuclear Generation Co. and )

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

)

) ASLBP No. 06-848-02-LR (Pilgrim Nuclear Power Station) )

CERTIFICATE OF SERVICE I hereby certify that I have sent copies of the foregoing in the above captioned proceeding to the following persons by electronic mail this date, April 6, 2009, followed by paper copies by U.S.

mail, first class.

Administrative Judge Administrative Judge Ann Marshall Young, Chair Richard F. Cole Atomic Safety and Licensing Board Atomic Safety and Licensing Board Mail Stop - T-3 F23 Mail Stop -T-3-F23 US NRC US NRC Washington, DC 20555-0001 Washington, DC 20555-0001 amy@nrc.gov rfc@nrc.gov Administrative Judge Secretary of the Commission Paul B. Abramson Attn: Rulemakings and Adjudications Atomic Safety and Licensing Board Staff Mail Stop T-3 F23 Mail Stop 0-16 C I US NRC United States Nuclear Regulatory Washington, DC 20555-0001 Commission pba@nrc.gov Washington, DC 20555-0001 rfcl @nrc.gov

Office of Commission Appellate Terence Burke, Esq.

Adjudication Entergy Nuclear Mail Stop 0-16 C I 1340 Echelon parkway United States Nuclear Regulatory Mail Stop M-ECH-62 Commission Jackson, MS 39213 Washington, DC 20555-0001 Ms. Melissa Arrighi Atomic Safety and Licensing Board Acting Town Manager, Mail Stop T-3 F23 Town of Plymouth United States Nuclear Regulatory 11 Lincoln Street Commission Plymouth MA 02360 Washington, DC 20555-0001 marrighi@townhall.plymouth.ma.us Susan L. Uttal, Esq. Sheila Slocum Hollis, Esq.

Andrea Jones, Esq. Town of Plymouth MA David Roth, Esq. Duane Morris, LLP Brian Newell, Paralegal 1667 K. Street, N.W.

Office of General Counsel Suite 700 Mail Stop 15 D21 Washington, DC 20006 United States Nuclear Regulatory Commission Richard R. MacDonald Washington, DC 20555-0001 Town Manager, Town of Duxbury 878 Tremont Street Paul A. Gaukler, Esq. Duxbury, MA 02332 David R. Lewis, Esq. macdonald@town.duxbury.ma.us Jason Parker, Esq.

Pillsbury, Winthrop, Shaw, Pittman, Fire Chief & Director DEMA, LLP Town of Duxbury 2300 N Street, N.W. 688 Tremont Street Washington, DC 20037-1138 P.O. Box 2824 Duxbury, MA 02331 Perry Buckberg nordgtown.duxbury.ma.us Project Manager, Plant Lic.

Branch 1-1, Operating Reactor Licensing US Nuclear regulatory Commission Mail Stop:011 -F1 Washington, DC 20555-0001 I c~

Mary Lampert