ML11356A197

Entergy'S Answer Opposing Pilgrim Watch'S Request to Supplement Petitions for Review

ML11356A197
Person / Time
Site:	Pilgrim
Issue date:	12/22/2011
From:	Gaukler P Pillsbury, Winthrop, Shaw, Pittman, LLP, Entergy Nuclear Generation Co, Entergy Nuclear Operations
To:	NRC/OCM
SECY RAS
References
RAS 21614, 50-293-LR, ASBLP 06-848-02-LR
Download: ML11356A197 (5)

Text

December 22, 2011 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Commission In 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) )

ENTERGYS ANSWER OPPOSING PILGRIM WATCHS REQUEST TO SUPPLEMENT PETITIONS FOR REVIEW Pursuant to 10 C.F.R. § 2.323(c), Entergy Nuclear Generation Company and Entergy Nu-clear Operations, Inc. (collectively Entergy) respond in opposition to the December 12, 2011 Pilgrim Watch Supplementation Request.1 Pilgrim Watch seeks to supplement the record for its petitions for review of two Licensing Board orders2 currently pending before the Commission with a copy of a Report3 prepared by the Office of Congressman Edward J. Markey. Supplemen-tation Request at 1-2. The Commission should deny the Supplementation Request and strike it and the Report from the record.

Although parties to adjudicatory proceedings are obliged to keep licensing boards ap-prised of relevant and material new information in the course of an adjudication, Sacramento Municipal Utility District (Rancho Seco Nuclear Generating Station, CLI-93-5, 37 N.R.C. 168, 1

Pilgrim Watchs Request to Supplement Petition for Review of Memorandum and Order (Denying Pilgrim Watchs Requests for Hearing on Certain New Contentions) ASLBP No. 06848-02-LR, August 11, 2011 (Filed Au-gust 26, 2011) and Pilgrim Watchs Petition for Review of Memorandum and Order (Denying Pilgrim Watchs Re-quests for Hearing on New Contentions Relating to Fukushima Accident (Sept. 8, 2011) (Filed September 23, 2011)

(Supplementation Request).

2 Entergy Nuclear Generation Co. (Pilgrim Nuclear Power Station), LBP-11-20, 74 N.R.C. __, slip op. (Aug.11, 2011) (LBP-11-20); Entergy Nuclear Generation Co. (Pilgrim Nuclear Power Station), LBP-11-23, 74 N.R.C. __,

slip op. (Sept. 8, 2011) (LBP-11-23).

3 How Four Nuclear Regulatory Commissions Conspired to Delay and Weaken Nuclear Reactor Safety in the Wake of Fukushima (Dec. 9, 2011) (Report).

170 (1993), the contents of the Report can hardly be considered information relevant and mate-rial to Pilgrim Watchs requests for hearing that were rejected by the Licensing Board and are on appeal before the Commission. Even assuming that the obligation to keep the Licensing Board apprised of relevant and material information during an adjudication applies during the Commis-sions review on appeal, a cursory review of the Report shows that it contains no information relevant or material to Pilgrim Watchs rejected hearing requests, or any information that would call into question the Boards detailed rulings that (inter alia) Pilgrim Watch failed to meet the standards set forth in 10 C.F.R. § 2.326 - to timely raise a significant environmental or safety is-sue, and to demonstrate that a materially different result would have been likely had its claims been previously considered. The Report never mentions the Pilgrim plant or any aspect of Pil-grims license renewal application related to Pilgrim Watchs hearing requests. Nor does the Report discuss any information concerning the Fukushima accident related to Pilgrim Watchs now-rejected claims, or to any issue of law relevant to Pilgrim Watchs claims.

Rather, it appears that Pilgrim Watch seeks to augment its pending petitions for review with supplemental (and immaterial) arguments, which it is not permitted to do. Consumers Power Co. (Big Rock Point Nuclear Plant), ALAB-636, 13 N.R.C. at 312, 321-22 (1981) (strik-ing from the record a letter and its enclosures filed with the Appeal Board after the matter had been submitted for decision absent an opportunity for all parties to respond thereto).

2

In accordance with this precedent, the Supplementation Request should be denied, and it and the Report should be struck from the record.

Respectfully Submitted,

/signed electronically by Paul A. Gaukler/

________________________________

David R. Lewis Paul A. Gaukler PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, NW Washington, DC 20037-1128 Tel. (202) 663-8000 E-mail: david.lewis@pillsburylaw.com Dated: December 22, 2011 Counsel for Entergy 3

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Commission In 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 SERVICE I hereby certify that copies of Entergys Answer Opposing Pilgrim Watchs Request to Supplement Petitions for Review dated December 22, 2011, was provided to the Electronic In-formation Exchange for service on the individuals below, this 22nd day of December, 2011.

Secretary Office of Commission Appellate Adjudication Attn: Rulemakings and Adjudications Staff Mail Stop O-16 C1 Mail Stop O-16 C1 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 OCAAmail@nrc.gov hearingdocket@nrc.gov Administrative Judge Atomic Safety and Licensing Board Ann Marshall Young, Esq., Chair Mail Stop T-3 F23 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mail Stop T-3 F23 Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Ann.Young@nrc.gov Administrative Judge Administrative Judge Dr. Richard F. Cole Dr. Paul B. Abramson Atomic Safety and Licensing Board Atomic Safety and Licensing Board Mail Stop T-3 F23 Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 Richard.Cole@nrc.gov Paul.Abramson@nrc.gov 403233072v2

Susan L. Uttal, Esq. Matthew Brock, Assistant Attorney General Andrea Z. Jones, Esq. Commonwealth of Massachusetts Brian Harris, Esq. Office of the Attorney General Beth Mizuno, Esq. One Ashburton Place Office of the General Counsel Boston, MA 02108 Mail Stop O-15 D21 Martha.Coakley@state.ma.us U.S. Nuclear Regulatory Commission Matthew.Brock@state.ma.us Washington, DC 20555-0001 Susan.Uttal@nrc.gov ; andrea.jones@nrc.gov ;

brian.harris@nrc.gov ; beth.mizuno@nrc.gov Ms. Mary Lampert Sheila Slocum Hollis, Esq.

148 Washington Street Duane Morris LLP Duxbury, MA 02332 505 9th Street, NW mary.lampert@comcast.net Suite 1000 Washington, DC 20006 sshollis@duanemorris.com Mr. Mark D. Sylvia Richard R. MacDonald Town Manager Town Manager Town of Plymouth 878 Tremont Street 11 Lincoln St. Duxbury, MA 02332 Plymouth, MA 02360 macdonald@town.duxbury.ma.us msylvia@townhall.plymouth.ma.us Chief Kevin M. Nord Katherine Tucker, Esq.

Fire Chief and Director, Duxbury Emergency Law Clerk, Management Agency Atomic Safety and Licensing Board Panel 688 Tremont Street Mail Stop T3-E2a P.O. Box 2824 U.S. Nuclear Regulatory Commission Duxbury, MA 02331 Washington, DC 20555-0001 nord@town.duxbury.ma.us Katie.Tucker@nrc.gov

/signed electronically by Paul A. Gaukler/

_____________________________

Paul A. Gaukler 2