ML042590400

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LB Memorandum (Deferring Appointment of Licensing Board)
ML042590400
Person / Time
Site: Yankee Rowe
Issue date: 09/14/2004
From: Bollwerk G
Atomic Safety and Licensing Board Panel
To:
Byrdsong A T
References
-RFPFR, 50-29, ASLBP 04-831-01-OLA, RAS 8457
Download: ML042590400 (4)


Text

UNITED STATES OF AMERICA DOCKETED 09/14/04 RAS 8457 NUCLEAR REGULATORY COMMISSION SERVED 09/14/04 ATOMIC SAFETY AND LICENSING BOARD PANEL Before the Chief Administrative Judge:

G. Paul Bollwerk, III In the Matter of Docket No. 50-29 YANKEE ATOMIC ELECTRIC COMPANY ASLBP No. 04-831-01-OLA (Yankee Nuclear Power Station License September 14, 2004 Termination Plan)

MEMORANDUM (Deferring Appointment of Licensing Board)

By memorandum dated September 2, 2004, the Secretary of the Commission advised me that, in accordance with 10 C.F.R. § 2.346, she was referring to the Atomic Safety and Licensing Board Panel for appropriate action the pending August 20, 2004 hearing request of Citizens Awareness Network (CAN) in which it challenges the November 24, 2003 request of Yankee Atomic Electric Company (YAEC) for an amendment to its 10 C.F.R. Part 50 license that would approve a license termination plan (LTP) for its Yankee Nuclear Power Station facility and provide criteria to determine the need for NRC approval of changes to the approved LTP. In her memorandum, the Secretary also noted that a August 20, 2004 CAN pleading entitled Motion to Dismiss Proceedings as Improperly Noticed or Clarify and Re-Notice the Proceeding was being retained by the Commission for its consideration.

This is to advise the Commission and the participants that, given the nature of the CAN dismissal/re-noticing motion and its potential impact upon the scope and timing of this

proceeding, the appointment of an Atomic Safety and Licensing Board to preside over this proceeding is being deferred pending resolution of the August 20, 2004 CAN motion.

FOR THE ATOMIC SAFETY AND LICENSING BOARD PANEL

/RA/

G. Paul Bollwerk, III CHIEF ADMINISTRATIVE JUDGE Rockville, Maryland September 14, 2004 Copies of this memorandum were sent this date by Internet e-mail transmission to counsel or the representative for (1) applicant YAEC; (2) intervenor CAN; and (3) the NRC staff.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

YANKEE ATOMIC ELECTRIC CO. ) Docket No. 50-29

)

)

(Yankee Nuclear Power Station) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB MEMORANDUM (DEFERRING APPOINTMENT OF LICENSING BOARD) have been served upon the following persons by U.S. mail, first class, or through NRC internal distribution.

Office of Commission Appellate Margaret J. Bupp, Esq.

Adjudication Office of the General Counsel U.S. Nuclear Regulatory Commission Mail Stop - O-15 D21 Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Deborah B. Katz Bill Perlman, Chair P.O. Box 3023 The Franklin Regional Council Charlemont, MA 01339-3023 of Governments Executive Committee 425 Main Street Greenfield, MA 01301-3313 Linda Dunlavy David A. Repka, Esq.

Executive Director William A. Horin, Esq.

Franklin Regional Council Winston & Strawn LLP of Governments 1400 L Street, NW 425 Main Street Washington, DC 20005 Greenfield, MA 01301-3313

2 Docket No. 50-29 LB MEMORANDUM (DEFERRING APPOINTMENT OF LICENSING BOARD)

Gerald Garfield, Esq.

Day, Berry & Howard City Place 1 Hartford, CT 06103

[Original signed by Evangeline S. Ngbea]

Office of the Secretary of the Commission Dated at Rockville, Maryland, this 14th day of September 2004