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Category:Legal-Pleading
MONTHYEARML20177A6212020-06-25025 June 2020 Applicants Status Report ML20156A0502020-06-0404 June 2020 Joint Motion of Applicants and the Commonwealth of Massachusetts for a Stay of Issuance of a Decision on the Pending Petitions for Intervention and a Hearing ML20014E7632020-01-14014 January 2020 Commonwealth of Massachusetts' Reply in Support of Motion to Amend Its Petition with New Information ML20007E9182020-01-0707 January 2020 Applicants' Answer Opposing the Commonwealth of Massachusetts' Second Motion to Supplement Its Petition with New Information ML19343C6922019-12-0909 December 2019 Applicants' Answer Opposing Pilgrim Watch'S Third Motion to Supplement Its Motion to Intervene and Request for Hearing ML19329B3242019-11-25025 November 2019 Watch Motion to Supplement Its February 20, 2019 Motion to Intervene and Request for Hearing, Its April 1, 2019 Reply to Petitioners, and Its May 3, 2019 Motion to Supplement ML19284E8962019-10-11011 October 2019 Notice of Appearance and Substitution of Counsel ML19256B9952019-09-13013 September 2019 Applicant'S Answer Opposing Pilgrim Watch'S Stay Motions ML19256B9602019-09-13013 September 2019 Applicants' Answer Opposing the Application of the Commonwealth of Massachusetts for a Stay ML19255K4112019-09-12012 September 2019 Reply of the Commonwealth of Massachusetts in Support of Its Motion for a Twenty-Two Minute Enlargement of Time to File Its Stay Application and Supporting Appendix ML19252A3332019-09-0909 September 2019 Applicants' Answer Opposing the Motion of the Commonwealth of Massachusetts for a Twenty-Two Minute Enlargement of Time to File Its Stay Application ML19246B1762019-09-0303 September 2019 Applicants Unopposed Motion for Clarification of Time to Respond to Pilgrim Watch Motion for Stay of Exemption ML19234A3582019-08-22022 August 2019 Notice of Appearance - Anita Ghosh Naber ML19231A1542019-08-19019 August 2019 Watch Reply to Applicants' Answer Opposing Pilgrim Watch'S Motion to File a New Contention ML19228A0902019-08-16016 August 2019 Pilgrm Watch Memorandum in Support of Emergency Motion of the Commonwealth of Massachusetts for an Enlargement of Time to File an Application to Stay a NRC Staff Order Approving the License Transfer Application ML19228A1672019-08-16016 August 2019 Applicants' Answer Opposing the Motion of the Commonwealth of Massachusetts for an Enlargement of Time to File an Application for Stay ML19228A1622019-08-16016 August 2019 Notice of Appearance and Substitution of Counsel ML19227A2902019-08-15015 August 2019 Watch Memorandum in Support of Emergency Motion of the Commonwealth of Massachusetts for Clarification of the Commission'S August 14, 2019 Memorandum and Order ML19224C4242019-08-12012 August 2019 Applicants' Answer Opposing Pilgrim Watch'S Motion to File a New Contention ML19217A3682019-08-0505 August 2019 Applicants' Answer Opposing the Motion of the Commonwealth of Massachusetts to Stay Proceedings to Complete Settlement Negotiations ML19197A3302019-07-16016 July 2019 Watch Motion to File a New Contention ML19137A0732019-05-17017 May 2019 Applicants' Answer Opposing Pilgrim Watch'S Motion to Supplement Its Motion to Intervene and Request for Hearing ML19126A0502019-05-0606 May 2019 Watch Reply to Applicants Answer Opposing Pilgrim Watch Motion to Supplement Its Motion to Intervene and Request for Hearing May 6, 2019 Its Motion to Intervene and Request for Hearing (May 6, 2019) ML19122A1262019-05-0202 May 2019 Applicant'S Answer Opposing Pilgrim Watch Motion to Supplement Its Motion to Intervene and Request for Hearing ML19122A1222019-05-0202 May 2019 Applicant'S Answer Opposing the Commonwealth of Massachusetts Motion to Supplement Its Petition with New Information ML19116A1622019-04-26026 April 2019 Watch Motion to Supplement Its Motion to Intervene and Request for Hearing. New Information ML19091A2972019-04-0101 April 2019 Commonwealth of Massachusetts' Reply in Support of Petition for Leave to Intervene and Hearing Request ML19077A1902019-03-18018 March 2019 Notice of Appearances for Mary E. Lampert and James B. Lampert ML19077A2352019-03-18018 March 2019 Applicants' Answer Opposing Pilgrim Watch Petition for Leave to Intervene and Hearing Request ML19077A2322019-03-18018 March 2019 Applicants' Answer Opposing the Commonwealth of Massachusetts' Petition for Leave to Intervene and Hearing Request ML19052A1872019-02-21021 February 2019 Exhibit 4 to Pilgrim Watch Petition to Intervene and Hearing Request ML19052A1902019-02-21021 February 2019 Exhibit 5 to Pilgrim Watch Petition to Intervene and Hearing Request ML19051A0192019-02-20020 February 2019 Watch Petition to Intervene and Hearing Request ML19052A1822017-07-31031 July 2017 Exhibit 2 to Pilgrim Watch Petition to Intervene and Hearing Request ML17095A3642017-04-0505 April 2017 Status of Decision on Petitioners Request for Hearing Regarding Entergy'S Request for Extension to Comply with NRC Order EA-13-109 ML17048A5712017-02-17017 February 2017 Status of Decision on Petitioners Request for Hearing Regarding Entergy'S Request for Extension to Comply with NRC Order EA-13-109 ML16285A3782016-10-11011 October 2016 Petitioners' Response to NRC Staff'S and Entergy'S Opposition to Peitioners' Request for Hearing Regarding Entergy'S Request for Extension to Comply with NRC Order EA-13-109 ML16277A5482016-10-0303 October 2016 Entergy Answer Opposing Request for Hearing Regarding Pilgrim and EA-13-109 ML16277A5612016-10-0303 October 2016 NRC Staff Response to Pilgrim Watch and Co-Petitioners Request for Hearing ML16277A4652016-10-0303 October 2016 Notice of Appearance for Marcia Simon ML16277A2102016-10-0303 October 2016 Notice of Appearance for Robert Carpenter ML16277A4712016-10-0303 October 2016 Notice of Appearance for Matthew Ring ML12195A0912012-07-13013 July 2012 NRC Staff'S Answer to Jones River Watershed Association and Pilgrim Watch'S Petition for Review of Memorandum and Order (Denying Petition for Intervention and Request to Reopen Proceeding and Admit New Contention ML12195A1692012-07-13013 July 2012 Entergy'S Answer Opposing Jones River Watershed Association and Pilgrim Watch'S Petition for Review of LBP-12-11 ML12185A1392012-07-0303 July 2012 Certificate of Service for Jones River Watershed Association and Pilgrim Watch Petition for Review of Memorandum and Order (Denying Petition for Intervention and Request to Reopen Proceeding and Admit New Contention) ML12185A1382012-07-0303 July 2012 Jones River Watershed Association and Pilgrim Watch Petition for Review of Memorandum and Order (Denying Petition for Intervention and Request to Reopen Proceeding and Admit New Contention) LBP 12-11, June 18, 2012 ML12160A4392012-06-0808 June 2012 Entergy'S Answer Opposing Jones River Watershed Association'S and Pilgrim Watch'S Motion to Reopen and Hearing Request on Contention Regarding Water-Related Approvals ML12159A5762012-06-0707 June 2012 NRC Staff'S Answer to Jones River Watershed Association and Pilgrim Watch'S Requests to Reopen the Record and File a New Contention on Water Quality ML12159A5772012-06-0707 June 2012 Notice of Appearance for Maxwell C. Smith ML12157A5742012-06-0505 June 2012 Notice of Appearance for Susan L. Uttal on Entergy Nuclear Operations, Inc., (Pilgrim) 2020-06-04
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of ) Docket # 50-293 LR Entergy Nuclear Generation Company )
Entergy Nuclear Opertions Inc. )
Pilgrim Nuclear Power Station )
License Renewal Application )
______________________________________)
- 1. My name is Anne Bingham and I am providing this affidavit to detail my knowledge of the records maintained by the United States Environmental Protection Agency (USEPA) in the industrial wastewater division of its Region I offices regarding the permitting of surface water discharges to Cape Cod Bay from the Pilgrim Nuclear Power Station (PNPS) in Plymouth, Massachusetts.
- 2. I live and work at 78A Cedar St. in Sharon, Ma 02067. I was admitted to the Massachusetts bar on January 21, 1985. I was employed by the Massachusetts Department of Environmental Protection (MassDEP) from 1985 until June of 2007.
Between 1990 and 1995, I was the senior attorney for the Departments Division of Water Pollution Control, responsible to assist staff in permitting and enforcement for ground and surface water discharges to the waters of the Commmonwealth.
- 3. I have been in private practice for five years since leaving DEP. I currently represent the Jones River Watershed Association and Pilgrim Watch in matters relating to the impact of surface water intake and discharge from PNPS upon water quality and aquatic life in Cape Cod Bay.
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- 4. Between January 3, 2012 and February 28, 2012, I spent approximately 200 hours0.00231 days <br />0.0556 hours <br />3.306878e-4 weeks <br />7.61e-5 months <br /> reviewing documents maintained by the USEPA - Region I in the National Pollutant Discharge Elimination System (NPDES) permitting program under the federal Clean Water Act relating to PNPS. I examined six boxes of documents maintained by Region 1 relating to PNPSs surface water intake and discharge.
These documents were represented to constitute all public records on PNPSs surface water intake and discharge to Cape Cod Bay that were in Region 1s possession.
- 5. The files that I examined contained the jointly issued State Permit No. 359 and Federal Permit No. MA 0003537, hereinafter, the NPDES permit. The current NPDES permit for PNPS was issued in 1991 to Boston Edison Company, amended in 1994 and transferred to Entergy Nuclear Generating in 1999. The NPDES permit expired in 1996 but was administratively extended.
- 6. The last piece of correspondence in the EPA files between Entergy and EPA relating to the PNPSs NPDES permit was dated April 27, 2005. It is a letter from Entergys attorney to EPA Attorney Stein addressing the scope of Clean Water Act Section 316(b) review necessary for PNPSs NPDES permit renewal. There was no document in the file after that date from either the agencies or the permittee which evidenced resolution of the issues raised in the permittees letter or progress towards completing procedural requirements necessary for reissuance of a NPDES permit to PNPS.
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- 7. Through informal inquiries, my colleague and I were informed by both MassDEP and EPA personnel that no one from either agency was currently working on renewal of the NPDES permit for PNPS.
- 8. Based upon my experience as an attorney for MassDEP, I believe that it is impossible for a new NPDES permit for the Entergy PNPS to be issued by June of 2012. The EPA retains primary jurisdiction for implementing the NPDES program in Massachusetts, but no permit can be issued unless Massachusetts issues a water quality certification stating that EPAs permit does not violate the state water quality standards. 314 CMR 9.09.
- 9. During my years as an attorney for MassDEP, no permit in any program was ever issued in less than four months after legally required public notice and comment processes were commenced. Based upon my review of the PNPS files at EPA, the notice and public comment processes have not been initiated for reissuance of the PNPS NPDES permit. This process would include certification by Massachusetts that the EPA NDPES permit does not violate state water quality standards.
- 10. In my experience, the time necessary to complete public notice and comment was always significantly longer than four months when a joint federal state permit, such as a NPDES permit, was being reviewed. This is largely because of the substantial time which is invested in coordination between state and federal agencies.
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- 11. Significant questions were raised in the April 27, 2005 letter regarding the PNPS NPDES permit and remain unresolved. No staff member from either agency is currently assigned to review the PNPS NPDES permit, and anyone assigned now would be required to review, in much greater detail, the records that I have reviewed. State and federal regulations and requirements relating to Cooling Water Intake Structures (CWISs) for NPDES permit have changed substantially in the intervening seven years. Therefore, in my opinion, a new NPDES permit could not be issued to PNPS in less than one year from the date of this affidavit. The requirement for a water quality certification from Massachusetts also makes it virtually impossible that the NPDES permit for PNPS will be issued by June 2012.
Executed in Accord with 10 C.F.R. 2.304(d) on March 6, 2012 Anne Bingham 78A Cedar St.
Sharon, MA 02067 781-414-1399 Email: annebingamlaw@comcast.net March 6, 2012 4