ML072970088

Pilgrim - Pilgrim Watch'S Motion Requesting That the Order Establishing the Schedule for the Proceedings Be Reset to Extend All Deadlines for Filings at Minimum Thirty (30) Days

ML072970088
Person / Time
Site:	Pilgrim
Issue date:	10/17/2007
From:	Lampert M Pilgrim Watch
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
50-293-LR, ASLB 06-843-01-ML, RAS 14481
Download: ML072970088 (5)

Text

DOCKETED USNRC October 17, 2007 (11:04am)

OFFICE OF SECRETARY UNITED STATES OF AMERICA RULEMAKINGS AND ADJUDICATIONS STAFF NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the matter of Docket # 50-293 Entergy Corporation Pilgrim Nuclear Power Station License Renewal Application October 17, 2007 PILGRIM WATCH'S MOTION REQUESTING THAT THE ORDER ESTABLISHING THE SCHEDULE FOR THE PROCEEDINGS BE RESET TO EXTEND ALL DEADLINES FOR FILINGS AT MINIMUM THIRTY (30) DAYS Pilgrim Watch hereby requests that the Atomic Safety and Licensing Board consider resetting the schedule for the proceedings and extend all deadlines for filings at minimum thirty (30) days.

Pilgrim Watch's rationale is as follows.

I. There has been a substantial period of time between the last substantive filing on the Motions for Summary Disposition on Contentions 1 (July 6, 2007) and Contention 3 (July 29, 2007) and the ASLB's decision.

Contention 1: Entergy filed a Motion for Summary Disposition on Contention 1 on June 8, 2007; and the last filing on that motion was on July 6, 2007.

Contention 3: Entergy filed a Motion for Summary Disposition on Contention 3, May 18, 2007; and the last filing on that motion was filed on July 29, 2007.

2. The Order Establishing Schedule for Proceeding and Addressing Related Matters ASLBP No. 06-848-02-LR December 20, 2006 stated that: (L) June 11, 2007 -

Deadline for filing any motions for summary disposition; and. (M) June .29, 2007 -

Deadline for responses to any motions for summary disposition. The Witness list was T.erv p(afd -5c y- c q,'

scheduled for October 30 - essentially four months after the deadline set for responses.

Therefore it seemed plausible to us to expect that the ASLB originally had in mind a sizable time period to allow for preparations.

3. The rule appears to provide two minimum dates by which the presiding officer shall issue an order on the motions indicating whether they have been granted or denied.

Subpart L 2.1205 (a) states that, "Unless the presiding officer directs otherwise, motions for summary disposition may be submitted to the presiding officer.. .no later than forty-five days before the commencement of hearing." In this instance part (c) states that, "The presiding officer shall issue a determination on each motion for summary disposition no later that fifteen (15) days before the date scheduled for commencement of hearing." The presiding officer in this case did direct otherwise in the Order Establishing Schedule for Proceeding and Addressing Related Matters ASLBP No. 06-848-02-LR December 20, 2006 stated that T(L) June 11, 2007 - Deadline for filing any motions for summary disposition; and (M) June 29, 2007 - Deadline for responses to any motions for summary disposition. Subpart L goes on to say that, "In ruling on motions for summary disposition, the presiding officer shall apply the standards for summary disposition set forth in subpart G for this matter." Subpart G, 2.710 (e) states that, "The presiding officer shall issue an order no later than (40) days after any responses to the summary disposition motion are filed, indicating whether the motion is granted or denied, and the bases thereof." August 15, 2007 marks forty (40) days after the last filing for Contention 1 (July 6); and September 7 marks forty (40) days since the last filing on Contention 3 (July 29).

August 15 and September 7 would have allowed many months to prepare; clearly it is not reasonable to expect witnesses and the respective parties to spend time in preparation not knowing whether the motion is granted or denied.

4. Pilgrim's license expires in 2012. Therefore a request to extend the dates for this process at minimum 30 days does not seem burdensome.

5. We appreciate that for the applicant, their attorneys and the NRC legal staff that compressing time is less onerous. They have attorneys, legal assistants, staff and funds to 2

hire experts. In contrast Pilgrim Watch has no attorney, legal assistants, staff or money to hire experts; instead we rely on experts to volunteer their services. We appreciate, and we are sure that the ASLB appreciates, both their assistance and the fact that experts must work their volunteer service around their actual jobs. This necessitates providing volunteer experts ample notification to allow them to schedule their time.

6. Holidays: The original schedule has due dates right around the major holidays -

Hanukkah, Christmas, Kwanza, and New Years. If given enough lead time, it would be possible to plan ahead so that holidays can be enjoyed with family; however under the current schedule it will not be possible.

Respectfully submitted, Mary E. Lampert 1.48 Washington Street Duxbury, MA 02332 781-934-0389 Mary.Lampert@comcast.net 3

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the matter of Docket # 50-293 Entergy Corporation Pilgrim Nuclear Power Station License Renewal Application October 17, 2007 CERTIFICATE OF SERVICE I Hereby Certify That The Foregoing Pilgrim Watch Motion Requesting That The Order Establishing The Schedule For The Proceedings Be Reset To Extend All Deadlines For Filings At Minimum Thirty (30) Days Has Been Served This 17th Day Of October, 2007 By Electronic Mail And By U.S. Mail, First Class To Each Of The Following:

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 rfc 1@nrc.gov 4

Office of Commission Appellate Mr. Mark Sylvia Adjudication - Town Manager, Town of Plymouth Mail Stop 0-16 C1 11 Lincoln Street United States Nuclear Regulatory Plymouth MA 02360 Commission msylvia@townhall.plymouth.ma.us Washington, DC 20555-0001 Sheila Slocum Hollis, Esq.

Atomic Safety and Licensing Board Town of Plymouth MA Mail Stop T-3 F23 Duane Morris, LLP United States Nuclear Regulatory 1667 K. Street, N.W..

Commission Suite 700 Washington, DC 20555-0001 Washington, DC 20006 Susan L. Uttal, Esq. Richard R. MacDonald Marian L. Zobler, Esq. Town Manager, Town of Duxbury Office of General Counsel 878 Tremont Street Mail Stop -O-S5 D21 Duxbury, MA 02332 United States Nuclear Regulatory macdonald@town.duxbury.ma.us Commission Washington, DC 20555-0001 Fire Chief & Director DEMA, Town of Duxbury Kimberly A. Sexton, Esq. 688 Tremont Street Office of General Counsel P.O. Box 2824 Mail Stop 15 D21 Duxbury, MA 02331 United States Nuclear Regulatory nord0)town.duxburv.ma.us Commission Washington, DC 20555-0001 Paul A. Gaukler, Esq.

David R. Lewis, Esq.

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

Washington, DC 20037-1138 Mary Lampert 5