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, Doris Lewis 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 Panel 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 OBJECTION TO PILGRIM WATCHS POST-HEARING MEMORANDA AND OTHER UNAUTHORIZED FILINGS Entergy Nuclear Generation Company and Entergy Nuclear Operations, Inc. (collectively Entergy) hereby object to Pilgrim Watchs 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 Watchs 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 Watchs Post Hearing Memorandum (March 28, 2011); Pilgrim Watch Memorandum - Entergys Incorrect and Misleading Information Regarding Proven Tests to Detect Cable Insulation Degradation (April 11, 2011); Pilgrim Watch Memorandum -

Entergys Incorrect and Misleading Information Regarding Proven Tests to Detect Cable Insulation Degradation

- Video Supplement (April 12, 2011).

2 Pilgrim Watch Answer to Entergys and NRC Staffs Reply to Pilgrim Watch Post-Hearing Memorandum Filed April 7, 2011 (April 11, 2011).

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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 Entergys 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 Entergys 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. 3 In Pilgrim Watchs 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 whats 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 whats 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 Entergys panel included Rick Smith (Entergys President, Wholesale Commodity Business). That statement too is inaccurate.

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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 Board 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 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 22nd day of April, 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 secy@nrc.gov; hearingdocket@nrc.gov Administrative Judge Administrative Judge Ann Marshall Young, Esq., Chair Dr. Richard F. Cole 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 amy@nrc.gov rfc1@nrc.gov Administrative Judge Atomic Safety and Licensing Board Paul B. Abramson 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 pba@nrc.gov 402865464v1

Ms. Mary Lampert Susan L. Uttal, Esq.

148 Washington Street Andrea Z. Jones, Esq.

Duxbury, MA 02332 Brian Harris, Esq.

mary.lampert@comcast.net 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 Sheila Slocum Hollis, Esq.

Commonwealth of Massachusetts Duane Morris LLP Office of the Attorney General 505 9th Street, NW One Ashburton Place Suite 1000 Boston, MA 02108 Washington, DC 20006 Martha.Coakley@state.ma.us sshollis@duanemorris.com Matthew.Brock@state.ma.us Mr. Mark D. Sylvia Chief Kevin M. Nord Town Manager Fire Chief and Director, Duxbury Emergency Town of Plymouth Management Agency 11 Lincoln St. 688 Tremont Street Plymouth, MA 02360 P.O. Box 2824 msylvia@townhall.plymouth.ma.us Duxbury, MA 02331 nord@town.duxbury.ma.us Richard R. MacDonald Katherine Tucker, Esq.

Town Manager Law Clerk, 878 Tremont Street Atomic Safety and Licensing Board Panel Duxbury, MA 02332 Mail Stop T3-E2a macdonald@town.duxbury.ma.us U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Katie.Tucker@nrc.gov

[Signed electronically by:]

_______________________________

David R. Lewis 5

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