ML072190191

Pilgrim Watch'S Answer Opposing NRC Staff'S Motion Requesting That Pilgrim Watch'S Answer Opposing NRC Staff Support of Entergy'S Motion to Strike Pilgrim Watch'S Answer to Entergy'S Summary Disposition Motion Not Be Considered by the Board

ML072190191
Person / Time
Site:	Pilgrim
Issue date:	07/30/2007
From:	Lampert M Pilgrim Watch
To:	Atomic Safety and Licensing Board Panel
SECY RAS
References
50-293-LR, ASLBP 06-848-02-LR, RAS 13965
Download: ML072190191 (5)

Text

DOCKETED USNRC July 30, 2007 (10:39-m)

UNITED STATES OF AMERICA OFFICE OF SECRETARY NUCLEAR REGULATORY COMMISSION RULEMAKtIGS AND ADJUDICATIONS STAFF BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the matter of Docket # 50-293 Entergy Corporation Pilgrim Nuclear Power Station License Renewal Application July 30, 2007 PILGRIM WATCH'S ANSWER OPPOSING NRC STAFF'S MOTION REQUESTING THAT PILGRIM WATCH'S ANSWER OPPOSING NRC STAFF SUPPORT OF ENTERGY'S MOTION TO STRIKE PILGRIM WATCH'S ANSWER TO ENTERGY'S

SUMMARY

DISPOSITION MOTION NOT BE CONSIDERED BY THE BOARD INTRODUCTION On July 9, 2007, Entergy Nuclear Generation Co. and Entergy Nuclear Operations, Inc., (collectively, Entergy), filed a motion to strike portions of Pilgrim Watch's Answer Opposing Entergy's motion for summary disposition of Pilgrim Watch Contention 3.1 On July 17, 2007, Pilgrim Watch filed its answer in opposition to Entergy's motion, 2 and on July 19, 2007, the NRC staff (Staff) filed its response in support of Entergy's motion.3 On July 26, 2007, Pilgrim Watch filed an answer to the Staff Response. 4 On July 27, 2007, the NRC Staff filed a motion requesting that Pilgrim Watch's answer opposing NRC Staff support of Entergy's Motion to strike Pilgrim 1 See Entergy's Motion to Strike Portions of Pilgrim Watch's Answer Opposing Entergy's Motion for Summary Disposition of Pilgrim Watch Contention 3 (July 9, 2007) (Motion to Strike).

2 See Pilgrim Watch's Answer Opposing Entergy's Motion to Strike Portions of Pilgrim Watch's Answer Opposing Entergy's Motion for Summary Disposition of Pilgrim Watch Contention 3 (July 17, 2007).

3 See NRC Staff Response in Support of Entergy's Motion to Strike Portions of Pilgrim Watch's Opposition to Motion for Summary Disposition of Contention 3 (Staff Response).

4 See Pilgrim Watch's Answer Opposing NRC Staff's Support of Entergy's Motion to Strike Portions of Pilgrim Watch's Answer Opposing Entergy's Motion for Summary Disposition of Contention 3 (Pilgrim Watch's Answer).

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Watch's Answer to Entergy's Summary Disposition Motion not be considered by the board.

Pursuant to 10 C.F.R. § 2.323 (c) and for the reasons discussed below, Pilgrim Watch requests that NRC Staff's motion be denied.

DISCUSSION Here we are dealing specifically with Motions for Summary Disposition. The rule, 10 C.F.R. §2.710 (a) states that, "The opposing party may, within ten (10) days after service, respond in writing to new facts and arguments presented in any statement filed in support of the motion." The citation provided by NRC Staff Yankee Atomic Elec.

Co. (Yankee Nuclear Power Station), LBP-98-12, 47 NRC 343, 345-46 (1998)

(interpreting 10 C.F.R. § 2.730, the predecessor to 10 C.F.R. §2.323) specifically refers to Petitions for Leave to Intervene.

10 C.F.R. § 2.323 (c) Answers to Motions states that "Within ten (10) days after service of a written motion, or other period as determined by the Secretary....a party may file an answer in support or in opposition to the motion, accompanied by affidavits or other evidence. The moving party has no right to reply, except as permitted by the Secretary, the Assistant Secretary, or the presiding officer. Permission may be granted only in compelling circumstances..." Pilgrim Watch is not the "moving party" here.

Therefore the rule, 10 C.F.R. § 2.323 (c), only addresses Entergy's right to reply to a response filed by another party. It does not prohibit a non-moving party, such as Pilgrim Watch, from replying to the NRC Staff s response to Entergy's motion.

As a matter of fairness, the rule does not, and should not, be interpreted to forbid Pilgrim Watch from entering a reply to NRC Staff's Motion which, both in substance and effect, is nothing more than an additional motion in favor of Entergy.

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. CONCLUSION Based on the foregoing, Pilgrim Watch respectfully requests that the Board deny NRC Staff s motion.

Respectfully submitted,

'-In Mary Lampert Pilgrim Watch 3

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the matter of Docket # 50-293 Entergy Corporation Pilgrim Nuclear Power Station License Renewal Application July 30, 2007 CERTIFICATE OF SERVICE I hereby certify that the foregoing Pilgrim Watch's Answer Opposing NRC Staff's Motion Requesting That Pilgrim Watch's Answer Opposing NRC Staff Support Of Entergy's Motion To Strike Pilgrim Watch's Answer To Entergy's Summary Disposition Motion Not Be Considered By The Board has been served this 30th day of July, 2007 by electronic mail and by U.S. Mail, first class to each of the following:

Administrative Judge Administrative Judge Ann Marshall Young, Chair Richard F. Cole Atomic Safety and Licensing Board Atomic Safety and Licensing Board Mail Stop - T-3 F23 Mail Stop -T-3-F23 US NRC US NRC Washington, DC 20555-0001 Washington, DC 20555-0001' amy@nrc.gov rfc@nrc.gov Administrative Judge Secretary of the Commission Paul B. Abramson Attn: Rulemakings and Adjudications Atomic Safety and Licensing Board Staff Mail Stop T-3 F23 Mail Stop 0-16 C1 US NRC United States Nuclear Regulatory Washington, DC 20555-0001 Commission pba@nrc.gov Washington, DC 20555-0001 rfcl @nrc.gov 4

Office of Commission Appellate Mr. Mark Sylvia Adjudication Town Manager, Town of Plymouth Mail Stop 0-16 CI 11 Lincoln Street United States Nuclear Regulatory Plymouth MA 02360 Commission msylvia@townhall.plymouth.ma.us Washington, DC 20555-0001 Sheila Slocum Hollis, Esq.

Atomic Safety and Licensing Board Town of Plymouth MA Mail Stop T-3 F23 Duane Morris, LLP United States Nuclear Regulatory 1667 K. Street, N.W.

Commission Suite 700 Washington, DC 20555-0001 Washington, DC 20006 Susan L. Uttal, Esq. Richard R. MacDonald Marian L. Zobler, Esq. Town Manager, Town of Duxbury Office of General Counsel 878 Tremont Street Mail Stop 15 D21 Duxbury, MA 02332 United States Nuclear Regulatory macdonald@town.duxbury.ma.us Commission Washington, DC 20555-0001 Fire Chief & Director DEMA, Town of Duxbury Paul A. Gaukler, Esq. 688 Tremont Street David R. Lewis, Esq. P.O. Box 2824 Pillsbury, Winthrop, Shaw, Pittman, Duxbury, MA 02331 LLP nord~atown.duxburv.ma.us 2300 N Street, N.W.

Washington, DC 20037-1138 Mary Lampert, Phlgrim Watch 5