ML12146A111

Response of the Secretary to the April 30, 2012 Request of Pilgrim Water and Jones River Watershed Association Opposing NRC Staff'S Recommendation in Secy 12-0062

ML12146A111
Person / Time
Site:	Pilgrim
Issue date:	05/25/2012
From:	Julian E Atomic Safety and Licensing Board Panel
To:	City of Duxbury, MA, Duane Morris, LLP, Entergy Nuclear, Jones River Watershed Association, Atomic Safety and Licensing Board Panel, Office of Nuclear Reactor Regulation, NRC/OCAA, NRC/OGC, NRC/SECY, Pilgrim Watch, Pillsbury, Winthrop, Shaw, Pittman, LLP, State of MA, Office of the Attorney General, Town of Duxbury, MA, Town of Plymouth, MA
SECY RAS
References
RAS 22508, 50-293-LR, ASLBP 06-848-02-LR
Download: ML12146A111 (11)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 May 25, 2012 OFFICE OF THE SECRETARY MEMORANDUM TO: Pilgrim Service List

SUBJECT:

RESPONSE OF THE SECRETARY TO THE APRIL 30, 2012 REQUEST OF PILGRIM WATCH AND JONES RIVER WATERSHED ASSOCIATION OPPOSING NRC STAFFS RECOMMENDATION IN SECY 12-0062 Today the attached letter was sent by the Secretary of the Commission to representatives of Pilgrim Watch and Jones River Watershed Association.

/RA/

Emile L. Julian Assistant for Rulemakings and Adjudications

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 May 25,2012 SECRETARY Ms. Anne Bingham 78A Cedar Street Sharon, Massachusetts 02067

Dear Ms. Bingham:

This responds to your April 30, 2012, request opposing the NRC Staff recommendation that the Commission authorize issuance of the renewed license for the Pilgrim Nuclear Power Station (SECY-12-0062). NRC's process does not contemplate filings responding to a Staff recommendation: nevertheless, the Commission has reviewed your request.

The Staff recommendation requested Commission authorization "to renew the operating license for [Pilgrim] upon ... making the appropriate findings on safety and environmental matters." The staff recommendation also described the long-running history of the Pilgrim adjudicatory proceeding. which has included an evidentiary hearing, several decisions by the Atomic Safety and Licensing Board, and several Commission appellate decisions addressing the Board's rulings, as well as current adjudicatory filings now pending before the Commission and the Atomic Safety and Licensing Board that seek to reopen the record to adjudicate additional proposed contentions.

As indicated in the Staff Requirements Memorandum (SRM) issued today in response to SECY-12-0062, the Commission has now granted the authorization requested by the staff. The SRM does, however, acknowledge the pending adjudicatory matters referenced in your April 30 request, as well as the new motions to reopen and hearing requests you filed on May 2,2012, and May 14, 2012. Specifically, the SRM stated: The Commission recognizes that in view of the petition for review pending before it and the motions to reopen and intervention petitions pending before the Atomic Safety and Licensing Board, if the renewed license is subsequently set aside on appeal, the previous operating license would be reinstated in accordance with 10 C.F.R § 54.31 (c)."

Our rules provide that a renewed license may be issued while some adjudicatory filings remain pending, so long as the Staff has made all necessary safety and environmental findings.

See 10 C.F.R § 2.340(i)(2); see also 10 C.F.R § 2.1202(a). Indeed, section 54.31(c) specifically provides for the possibility that a renewed license, even after its issuance, could be "subsequently set aside upon further administrative or judicial appeal." The 2002 staff memorandum that you reference from the Turkey Point license renewal proceeding (SECY-02 0088) and the associated 2002 staff requirements memorandum issued by the Commission are consistent with the Commission's authorization decision. As the Staff correctly explained in SECY-12-0062, those Turkey Point memoranda indicate merely that Commission approval is

-2 required when a license renewal application is the subject of a contested proceeding. In the current Pilgrim proceeding, the Staff has requested Commission authorization, and has now received it. Consistent with agency practice and the authority delegated to the Staff, the Commission has the information it needs to act now, and the Commission's authorization for the Staff to issue the renewed license is without prejudice to the merits of the pending adjudicatory matters.

You also request an oral hearing. Nothing in the NRC rules of practice provides for members of the public to request oral hearings on staff memoranda to the Commission. But there are well-established adjudicatory procedures in place that would provide for a hearing in the event that either of the pending adjudicatory filings referenced in your April 30 request or your subsequent filing on May 2 results in a new contention being found admissible. The Commission retains the ability to grant appropriate relief should proposed contentions be admitted for hearing and found meritorious.

Furthermore, pursuant to the Administrative Procedure Act and NRC regulations on "timely renewal" (5 U.S.C. § 558; 10 C.F.R. § 2.109(b)), delaying the agency's license renewal determination until the pending adjudicatory matters are resolved, as you request, would not affect Entergy's ability to continue operating Pilgrim in the interim. In addition, Staff issuance of the renewed license pursuant to the Commission's authorization has the advantage of formally binding Entergy to follow the aging-management programs that would be incorporated into the renewed license and empower the NRC to enforce compliance with those programs.

Sincerely, Kenneth R. Hart Acting Secretary

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555*0001 May 25,2012 SECRETARY Ms. Margaret Sheehan 61 Grozier Road Cambridge, Massachusetts 02138

Dear Ms. Sheehan:

This responds to your April 30, 2012, request opposing the NRC Staff recommendation that the Commission authorize issuance of the renewed license for the Pilgrim Nuclear Power Station (SECY-12-0062). NRC's process does not contemplate filings responding to a Staff recommendation: nevertheless, the Commission has reviewed your request.

The Staff recommendation requested Commission authorization "to renew the operating license for [Pilgrim} upon ... making the appropriate findings on safety and environmental matters." The staff recommendation also described the long-running history of the Pilgrim adjudicatory proceeding, which has included an evidentiary hearing, several decisions by the Atomic Safety and Licensing Board, and several Commission appellate decisions addressing the Board's rulings, as well as current adjudicatory filings now pending before the Commission and the Atomic Safety and Licensing Board that seek to reopen the record to adjudicate additional proposed contentions.

As indicated in the Staff Requirements Memorandum (SRM) issued today in response to SECY-12-0062, the Commission has now granted the authorization requested by the staff. The SRM does, however, acknowledge the pending adjudicatory matters referenced in your April 30 request, as well as the new motions to reopen and hearing requests you filed on May 2,2012, and May 14, 2012. Specifically, the SRM stated: "The Commission recognizes that in view of the petition for review pending before it and the motions to reopen and intervention petitions pending before the Atomic Safety and Licensing Board, if the renewed license is subsequently set aside on appeal, the previous operating license would be reinstated in accordance with 10 C.F.R. § 54.31 (c)."

Our rules provide that a renewed license may be issued while some adjudicatory filings remain pending, so long as the Staff has made all necessary safety and environmental findings.

See 10 C.F.R. § 2.3400)(2); see also 10 C.F.R. § 2.1202(a). Indeed, section 54.31(c) specifically provides for the possibility that a renewed license, even after its issuance, could be "subsequently set aside upon further administrative or judicial appeal." The 2002 staff memorandum that you reference from the Turkey Point license renewal proceeding (SECY-02 0088) and the associated 2002 staff requirements memorandum issued by the Commission are consistent with the Commission's authorization decision. As the Staff correctly explained in SECY-12-0062, those Turkey Point memoranda indicate merely that Commission approval is

-2 required when a license renewal application is the subject of a contested proceeding. In the current Pilgrim proceeding, the Staff has requested Commission authorization, and has now received it. Consistent with agency practice and the authority delegated to the Staff, the Commission has the information it needs to act now, and the Commission's authorization for the Staff to issue the renewed license is without prejudice to the merits of the pending adjudicatory matters.

You also request an oral hearing. Nothing in the NRC rules of practice provides for members of the public to request oral hearings on staff memoranda to the Commission. But there are well-established adjudicatory procedures in place that would provide for a hearing in the event that either of the pending adjudicatory filings referenced in your April 30 request or your subsequent filing on May 2 results in a new contention being found admissible. The Commission retains the ability to grant appropriate relief should proposed contentions be admitted for hearing and found meritorious.

Furthermore, pursuant to the Administrative Procedure Act and NRC regulations on "timely renewal" (5 U.S.C. § 558; 10 C.F.R. § 2.109(b)), delaying the agency's license renewal determination until the pending adjudicatory matters are resolved, as you request, would not affect Entergy's ability to continue operating Pilgrim in the interim. In addition, Staff issuance of the renewed license pursuant to the Commission's authorization has the advantage of formally binding Entergy to follow the aging-management programs that would be incorporated into the renewed license and empower the NRC to enforce compliance with those programs.

Sincerely, Kenneth R. Hart Acting Secretary

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 May 25,2012 SECRETARY Ms. Mary Lampert 148 Washington Street Duxbury, Massachusetts 02332

Dear Ms. Lampert:

This responds to your April 30, 2012, request opposing the NRC Staff recommendation that the Commission authorize issuance of the renewed license for the Pilgrim Nuclear Power Station (SECY-12-0062). NRC's process does not contemplate filings responding to a Staff recommendation: nevertheless, the Commission has reviewed your request.

The Staff recommendation requested Commission authorization "to renew the operating license for [Pilgrim] upon ... making the appropriate findings on safety and environmental matters." The staff recommendation also described the long-running history of the Pilgrim adjudicatory proceeding, which has included an evidentiary hearing, several decisions by the Atomic Safety and Licensing Board, and several Commission appellate decisions addressing the Board's rulings, as well as current adjudicatory filings now pending before the Commission and the Atomic Safety and Licensing Board that seek to reopen the record to adjudicate additional proposed contentions.

As indicated in the Staff Requirements Memorandum (SRM) issued today in response to SECY-12-0062, the Commission has now granted the authorization requested by the staff. The SRM does, however, acknowledge the pending adjudicatory matters referenced in your April 30 request, as well as the new motions to reopen and hearing requests you filed on May 2,2012, and May 14, 2012. Specifically, the SRM stated: "The Commission recognizes that in view of the petition for review pending before it and the motions to reopen and intervention petitions pending before the Atomic Safety and Licensing Board, if the renewed license is subsequently set aside on appeal, the previous operating license would be reinstated in accordance with 10 C.F.R. § 54.31 (c)."

Our rules provide that a renewed license may be issued while some adjudicatory filings remain pending, so long as the Staff has made all necessary safety and environmental findings.

See 10 CFR. § 2.340(i)(2); see a/so 10 CFR. § 2.1202(a). Indeed, section 54.31(c) specifically provides for the possibility that a renewed license, even after its issuance, could be "subsequently set aside upon further administrative or judicial appeal." The 2002 staff memorandum that you reference from the Turkey Point license renewal proceeding (SECY-02 0088) and the associated 2002 staff requirements memorandum issued by the Commission are consistent with the Commission's authorization decision. As the Staff correctly explained in SECY-12-0062, those Turkey Point memoranda indicate merely that Commission approval is

-2 required when a license renewal application is the subject of a contested proceeding. In the current Pilgrim proceeding, the Staff has requested Commission authorization, and has now received it. Consistent with agency practice and the authority delegated to the Staff, the Commission has the information it needs to act now, and the Commission's authorization for the Staff to issue the renewed license is without prejudice to the merits of the pending adjudicatory matters.

You also request an oral hearing. Nothing in the NRC rules of practice provides for members of the public to request oral hearings on staff memoranda to the Commission. But there are well-established adjudicatory procedures in place that would provide for a hearing in the event that either of the pending adjudicatory filings referenced in your April 30 request or your subsequent filing on May 2 results in a new contention being found admissible. The Commission retains the ability to grant appropriate relief should proposed contentions be admitted for hearing and found meritorious.

Furthermore, pursuant to the Administrative Procedure Act and NRC regulations on "timely renewal" (5 U.S.C. § 558; 10 C.F.R. § 2.109(b>>, delaying the agency's license renewal determination until the pending adjudicatory matters are resolved, as you request, would not affect Entergy's ability to continue operating Pilgrim in the interim. In addition, Staff issuance of the renewed license pursuant to the Commission's authorization has the advantage of formally binding Entergy to follow the aging-management programs that would be incorporated into the renewed license and empower the NRC to enforce compliance with those programs.

Sincerely,

~~.~

Kenneth R. Hart Acting Secretary

Identical letter sent to:

Ms. Mary Lampert 148 Washington Street Duxbury, Massachusetts 02332 Ms. Margaret Sheehan 61 Grozier Road Cambridge, Massachusetts 02138 Ms. Anne Bingham 78A Cedar Street Sharon, Massachusetts 02067

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

)

ENTERGY NUCLEAR GENERATION CO. ) Docket No. 50-293-LR AND )

ENTERGY NUCLEAR OPERATIONS, INC. ) ASLBP No. 06-848-02-LR

)

(Pilgrim Nuclear Power Station) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing RESPONSE OF THE SECRETARY TO APRIL 30, 2012 REQUEST OF PILGRIM WATCH AND JONES RIVER WATERSHED ASSOCIATION OPPOSING NRC STAFFS RECOMMENDATION IN SECY-12-0062 have been served upon the following persons by Electronic Information Exchange (EIE) and by electronic mail as indicated by an asterisk*.

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Office of the General Counsel Mail Stop - T-3 F23 Mail Stop: O-15 D21 Washington, DC 20555-0001 Washington, DC 20555-0001 Administrative Judge Susan L. Uttal, Esq.

Ann Marshall Young, Chair E-mail: Susan.Uttal@nrc.gov E-mail: Ann.Young@nrc.gov Maxwell Smith, Esq.

E-mail: maxwell.smith@nrc.gov Administrative Judge Andrea Jones, Esq.

Richard F. Cole E-mail: andrea.jones@nrc.gov E-mail: Richard.Cole@nrc.gov Edward Williamson, Esq.

E-mail: edward.williamson@nrc.gov Administrative Judge Joseph Lindell, Esq.

Paul B. Abramson E-mail: joseph.lindell@nrc.gov E-mail: Paul.Abramson@nrc.gov Brian Newell, Paralegal E-mail: Brian.Newell@nrc.gov James Maltese, Law Clerk E-mail: OGCMailCenter.Resource@nrc.gov James.maltese@nrc.gov U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Office of Secretary of the Commission Mail Stop: O-16C1 Mail Stop: O-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: OCAAMail.Resource@nrc.gov E-mail: hearingdocket@nrc.gov

Docket No. 50-293-LR ASLBP No. 06-848-02-LR RESPONSE OF THE SECRETARY TO APRIL 30, 2012 REQUEST OF PILGRIM WATCH AND JONES RIVER WATERSHED ASSOCIATION OPPOSING NRC STAFFS RECOMMENDATION IN SECY-12-0062 U.S. Nuclear Regulatory Commission Pillsbury, Winthrop, Shaw, Pittman, LLP Office of Nuclear Reactor Regulation 2300 N. Street, N.W.

Mail Stop: O11-F1 Washington, DC 20037-1128 Washington, DC 20555-0001 David R. Lewis, Esq.

Lisa Regner* E-mail: david.lewis@pillsburylaw.com Senior Project Manager Paul A. Gaukler, Esq.

Division of License Renewal E-mail: paul.gaukler@pillsburylaw.com E-mail: Lisa.Regner@nrc.gov Jason B. Parker, Esq.

E-mail: jason.parker@pillsburylaw.com Timothy Walsh, Esq.

timothy.walsh@pillsburylaw.com Entergy Nuclear Office of the Attorney General 1340 Echelon Parkway Environmental Protection Division Mail Stop M-ECH-62 One Ashburton Place, 18th Floor Jackson, MS 39213 Boston, MA 02108 Terence A. Burke, Esq. Matthew Brock, Assistant Attorney General E-mail: tburke@entergy.com E-mail: matthew.brock@ago.state.ma.us Duxbury Emergency Management Agency Town of Plymouth MA 668 Tremont Street Town Managers Office Duxbury, MA 02332 11 Lincoln Street Plymouth, MA 02360 Kevin M. Nord, Fire Chief & Director*

E-mail: nord@town.duxbury.ma.us Melissa Arrighi, ActingTown Manager*

E-mail: marrighi@townhall.plymouth.ma.us Duane Morris, LLP Pilgrim Watch Town of Plymouth MA 148 Washington Street 505 9th Street, NW, Suite 1000 Duxbury, MA 02332 Washington, DC 20004-2166 Mary E. Lampert, Director Sheila Slocum Hollis, Esq.*

E-mail: mary.lampert@comcast.net E-mail: sshollis@duanemorris.com 2

Docket No. 50-293-LR ASLBP No. 06-848-02-LR RESPONSE OF THE SECRETARY TO APRIL 30, 2012 REQUEST OF PILGRIM WATCH AND JONES RIVER WATERSHED ASSOCIATION OPPOSING NRC STAFFS RECOMMENDATION IN SECY-12-0062 Town of Duxbury Nuclear Advisory Jones River Watershed Association and Committee Pilgrim Watch 31 Deerpath Trl. 61 Grozier Road North Duxbury, MA 02332 Cambridge, MA 02138 Rebecca Chin, Vice Chair* Margaret E. Sheehan, Esq.

E-mail: rebeccajchin@hotmail.com E-mail: meg@ecolaw.biz

[Original signed by Nancy Greathead]

Office of the Secretary of the Commission Dated at Rockville, Maryland this 25th day of May 2012 3