ML111120384

Entergy'S Objection to Pilgrim Watch'S Post-Hearing Memoranda and Other Unauthorized Filings

ML111120384
Person / Time
Site:	Pilgrim
Issue date:	04/22/2011
From:	Gaukler P A, Lewis D R Entergy Nuclear Generation Co, Entergy Nuclear Operations, Pillsbury, Winthrop, Shaw, Pittman, LLP
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
50-293-LR, ASLBP 06-848-02-LR, RAS 20020
Download: ML111120384 (5)

Text

April 22, 2011 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board PanelIn the Matter of )

)Entergy Nuclear Generation Company and ) Docket No. 50-293-LR Entergy Nuclear Operations, Inc. ) ASLBP No. 06-848-02-LR

)(Pilgrim Nuclear Power Station) )

ENTERGY'S OBJECTION TO PILGRIM WATCH'SPOST-HEARING MEMORANDA AND OTHER UNAUTHORIZED FILINGSEntergy Nuclear Generation Company and Entergy Nuclear Operations, Inc. (collectively "Entergy") hereby object to Pilgrim Watch's successive, improper filings. Since the oral argument in Plymouth on March 9, 2011, Pilgrim Watch has filed four post-hearing memoranda.

1 These submissions are improper attempts to have the Board consider new information or assertions without any attempt to meet the standards for motions in 10 C.F.R. § 2.323, including the consultation requirements. Pilgrim Watch has also filed an impermissible reply to the answers to one of these requests, without any request for leave required by 10 C.F.R.

§ 2.323(c).

2 Entergy objects to Pilgrim Watch's continual unauthorized filings and disregard for the rules of practice. See Detroit Edison Co. (Enrico Fermi Atomic Plant, Unit 2), ALAB-469, 7 N.R.C. 470, 471 (1978) (unauthorized filing may be disregarded); Tennessee Valley Authority (Browns Ferry Nuclear Plant, Units 1 and 2), LBP-76-10, 3 N.R.C. 209, 211 (1976) ("The Board dislikes the gratuitous filing of unauthorized pleadings extra the Rules of Practice").

1 Pilgrim Watch Memorandum Regarding Fukushima (March 12, 2011); Pilgrim Watch's Post Hearing Memorandum (March 28, 2011); Pilgrim Watch Memorandum - Entergy's Incorrect and Misleading Information Regarding Proven Tests to Detect Cable Insulation Degradation (April 11, 2011); Pilgrim Watch Memorandum - Entergy's Incorrect and Misleading Information Regarding Proven Tests to Detect Cable Insulation Degradation - Video Supplement (April 12, 2011).

2 Pilgrim Watch Answer to Entergy's and NRC Staff's Reply to Pilgrim Watch Post-Hearing Memorandum Filed April 7, 2011 (A pril 11, 2011). 402865464v1 Entergy also objects to the inaccurate allegations in these submissions. For example, in its April 11, 2011 Memorandum, Pilgrim Watch states, "the Joint Committees asked Entergy's panel if there were proven tests to assess submerged electric cable degradation at Pilgrim Station." This question was not asked. In the same memorandum, Pilgrim Watch states: Mr. S.J. Bethay, Director Nuclear Safety Assurance Pilgrim Station, responded for Entergy's panel. He testified that there were no proven commercially available tests to detect cable insulation degradation; but when they became available, Pilgrim would use them. (Emphasis added) Emphasis in original. Mr. Bethay did not make this statement.

3In Pilgrim Watch's April 12, 2011 Memorandum, Pilgrim Watch refers the Board to an archived video recording of the presentations before these Massachusetts Joint Committees, which it now claims only "supports that there are no proven commercially available tests for cable insulation degradation currently available." Even this attempt by Pilgrim Watch to recast its previous misstatements is inaccurate. Mr. Bethay, who was discussing one type of test called a megger test, stated that it "tests insulation capability" and "tells you what's its condition right now." Thus, his presentation in fact supports the existence of a test capable of detecting cable insulation degradation. Mr. Bethay did observe that this test is "not necessarily a good predictor" [of future degradation] and that "there are new types of tests being developed to be more predictive and identify what's the long term effects of this." That "better" tests are being developed does not imply that there are no proven commercially available tests for cable

insulation degradation.

3 Pilgrim Watch also asserts that Entergy's panel included Rick Smith (Entergy's President, Wholesale Commodity Business). That statement too is inaccurate. 402865464v1 Respectfully Submitted, /Signed electronically by:/

________________________

David R. Lewis

Paul A. Gaukler PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, NW

Washington, DC 20037-1128

Tel. (202) 663-8000 Counsel for Entergy Dated: April 22, 2011 402865464v1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing BoardIn the Matter of ) )

Entergy Nuclear Generation Company and ) Docket No. 50-293-LR Entergy Nuclear Operations, Inc. ) ASLBP No. 06-848-02-LR

)

(Pilgrim Nuclear Power Station) )

CERTIFICATE OF SERVICEI hereby certify that copies of "Entergy's Objection to Pilgrim Watch Post-Hearing Memoranda and Other Unauthorized Filings," dated April 22, 2011, was provided to the Electronic Information Exchange for service on the individuals below, this 22 nd day of April, 2011.SecretaryAtt'n: Rulemakings and Adjudications Staff

Mail Stop O-16 C1

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001

secy@nrc.gov; hearingdocket@nrc.gov Office of Commission Appellate Adjudication Mail Stop O-16 C1

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001 ocaamail@nrc.gov Administrative Judge

Ann Marshall Young, Esq., Chair Atomic Safety and Licensing Board

Mail Stop T-3 F23

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001 amy@nrc.govAdministrative Judge

Dr. Richard F. Cole Atomic Safety and Licensing Board

Mail Stop T-3 F23

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001

rfc1@nrc.govAdministrative Judge Paul B. Abramson Atomic Safety and Licensing Board

Mail Stop T-3 F23

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001

pba@nrc.govAtomic Safety and Licensing Board Mail Stop T-3 F23

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001 402865464v1 Ms. Mary Lampert 148 Washington Street

Duxbury, MA 02332 mary.lampert@comcast.net Susan L. Uttal, Esq.

Andrea Z. Jones, Esq.

Brian Harris, Esq.

Beth Mizuno, Esq.

Office of the General Counsel

Mail Stop O-15 D21

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001

Susan.Uttal@nrc.gov; andrea.jones@nrc.gov; brian.harris@nrc.gov; beth.mizuno@nrc.gov Matthew Brock, Assistant Attorney General Commonwealth of Massachusetts Office of the Attorney General

One Ashburton Place

Boston, MA 02108 Martha.Coakley@state.ma.us Matthew.Brock@state.ma.us Sheila Slocum Hollis, Esq.

Duane Morris LLP 505 9th Street, NW

Suite 1000

Washington, DC 20006 sshollis@duanemorris.com Mr. Mark D. Sylvia Town Manager

Town of Plymouth

11 Lincoln St.

Plymouth, MA 02360 msylvia@townhall.plymouth.ma.us Chief Kevin M. Nord Fire Chief and Director, Duxbury Emergency Management Agency 688 Tremont Street

P.O. Box 2824

Duxbury, MA 02331 nord@town.duxbury.ma.usRichard R. MacDonald Town Manager 878 Tremont Street

Duxbury, MA 02332 macdonald@town.duxbury.ma.us Katherine Tucker, Esq.

Law Clerk, Atomic Safety and Licensing Board Panel

Mail Stop T3-E2a

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001

Katie.Tucker@nrc.gov [Signed electronically by:] _______________________________

David R. Lewis 5402865464v1