ML11356A197
| 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) )
ENTERGY'S ANSWER OPPOSING PILGRIM WATCH'S 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 orders 2 currently pending before the Commission with a copy of a Report 3 prepared by the Office of Congressman Edward J. Markey. Supplemen-tation Request at 1-2. The Commission should deny the Supplemen tation Request and strike it and the Report from the record. Although parties to adjudicatory proceedings are obliged to keep licensing board's ap-prised of "relevant and material new information" in the course of an adjudication, Sacramento Municipal Utility District (Rancho Seco Nuclear Generati ng Station, CLI-93-5, 37 N.R.C. 168, 1 Pilgrim Watch's Request to Supplement Petition for Review of Memorandum and Order (Denying Pilgrim Watch's Requests for Hearing on Certain New Contentions) ASLBP No. 06848-02-LR, August 11, 2011 (Filed Au-gust 26, 2011) and Pilgrim Watch's Petition for Review of Memorandum and Order (Denying Pilgrim Watch's 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 Commission's Conspired to Delay and Weaken Nuclear Reactor Safety in the Wake of Fukushima (Dec. 9, 2011) ("Report").
2 170 (1993), the contents of the Report can hardly be considered information relevant and mate-rial to Pilgrim Watch's requests for hearing that were rejected by the Licensing Board and are on appeal before the Commission. Even assuming th at the obligation to ke ep the Licensing Board apprised of relevant and material information during an adjudication applies during the Commis-sion's review on appeal, a cursor y review of the Report shows that it contains no information relevant or material to Pilgrim Watch's rejected hearing requests, or any information that would call into question the Board's 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. Th e Report never mentions the Pilgrim plant or any aspect of Pil-grim's license renewal application related to Pilgrim Watch's hearing requests. Nor does the Report discuss any information concerning the Fukushima accident related to Pilgrim Watch's now-rejected claims, or to any issue of law relevant to Pilgrim Watch's 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).
3 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 403233072v2 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 Entergy's Answer Opposing Pilgrim Watch's 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 Att'n: Rulemakings and Adjudications Staff
Mail Stop O-16 C1
U.S. Nuclear Regulatory Commission Washington, DC 20555-0001
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
Ann.Young@nrc.gov
Atomic Safety and Licensing Board Mail Stop T-3 F23
U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Dr. Richard F. Cole Atomic Safety and Licensing Board
Mail Stop T-3 F23
U.S. Nuclear Regulatory Commission Washington, DC 20555-0001
Richard.Cole@nrc.gov Administrative Judge Dr. Paul B. Abramson Atomic Safety and Licensing Board
Mail Stop T-3 F23
U.S. Nuclear Regulatory Commission Washington, DC 20555-0001
Paul.Abramson@nrc.gov
2 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
Ms. Mary Lampert 148 Washington Street
Duxbury, MA 02332 mary.lampert@comcast.net 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
Richard R. MacDonald Town Manager 878 Tremont Street
Duxbury, MA 02332 macdonald@town.duxbury.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.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 Paul A. Gaukler
/ _____________________________
Paul A. Gaukler