ML042640305
| ML042640305 | |
| Person / Time | |
|---|---|
| Site: | Yankee Rowe |
| Issue date: | 09/20/2004 |
| From: | Bollwerk G Atomic Safety and Licensing Board Panel |
| To: | |
| Byrdsong A T | |
| References | |
| -RFPFR, 50-29, ASLBP 04-831-01-OLA, RAS 8490 | |
| Download: ML042640305 (4) | |
Text
DOCKETED UNlTED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION September 20, 2004 (1:22PM)
ATOMIC SAFETY AND LICENSING BOARD PANEL OFFICE OF SECRETARY Before the Chief Administrative Judge: RULEMAKINGSAND ADJUDICATIONS STAFF G. Paul Bollwerk, Ill SERVED September 20,2004 In the Matter of Docket No. 50-29 YANKEE ATOMIC ELECTRIC COMPANY ASLBP NO.04-831-01-0LA (Yankee Nuclear Power Station License September 20,2004 Termination Plan)
MEMORANDUM (Schedule for Filings in Response to Hearing Petition)
In a September 2, 2004 memorandum, the Secretary of the Commission advised me of the referral to the Atomic Safety and Licensing Board Panel of a pending August 20, 2004 hearing request of Citizens Awareness Network (CAN) challenging 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, among other things, approve a license termination plan (LTP) for its Yankee Nuclear Power Station facility. That memorandum also indicated that the Commission was retaining a pending August 20, 2004 CAN pleading entitled Motion to Dismiss Proceedings as Improperly Noticed or Clarify and Re-Notice the Proceeding. In a September 14, 2004 memorandum, I stated that in light of the potential impact a Commission ruling on the pending CAN dismissalhe-noticing could have upon the scope and timing of this case, the appointment of an Atomic Safety and Licensing Board to preside over this proceeding was being deferred.
Thereafter, by e-mail dated September 17,2004, CANs Executive Director, appearing pro se, asks for clarification about whether the deferral of appointment of a Licensing Board also
suspends the deadlines for filings regarding the CAN hearing petition until the Commission rules on the pending CAN dismissalhe-noticing motion.
Relative to the September 17 CAN e-mail,' under the recently adopted revisions to the agency rules of practice, the schedules for submitting a hearing petition and subsequent responsive filings are clearly specified. See 10 C.F.R. § 2.309(b), (h). In contrast, the timing of appointment of a presiding officer for a hearing is a matter within the purview of the Commission or, following a Commission referral, the Chief Administrative Judge. See id.
§ 2.31 3(a). By its terms, my September 14 memorandum addressed the matter of appointing a Licensing Board without referencing the schedule specified in the agency's rules of practice for filing responsive pleadings relative to the pending CAN hearing petition. As such, that memorandum does not denote any change in the filing schedule specified in section 2.309(h) for such submissions.
FOR THE ATOMIC SAFETY AND LICENSING BOARD PANEL' G. Paul Bollwerk, I l l CHIEF ADMINISTRATIVE JUDGE Rockville, Maryland September 20,2004
' For future reference, I would note that except for minor procedural matters, participants should use e-mail as the medium for transmitting an attached electronic copy of a pleading to the presiding officer rather than attempting to have the e-mail message constitute the pleading. See 10 C.F.R. § 2.305(c).
' Copies of this memorandum were sent this date by Internet e-mail transmission to counsel or the representativefor (1) applicant YAEC; (2) intervenor CAN; and (3) the NRC staff.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of 1
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YANKEE ATOMIC ELECTRIC CO. ) Docket No. 50-29
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(Yankee Nuclear Power Station) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB MEMORANDUM (SCHEDULE FOR FILINGS IN RESPONSE TO HEARING PETITION) have been served upon the following persons by electronic mail this date, followed by deposit in the U.S. mail, first class, or through NRC internal distribution.
Office of Commission Appellate Chief Administrative Judge Adjudication G. Paul Bollwerk, Ill U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555-0001 Mail Stop - T-3 F23 U.S.Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: qpb@nrc.qov Margaret J. Bupp, Esq. Deborah B. Katz Office of the General Counsel P.O. Box 3023 Mail Stop 15 D21 Charlemont, MA 01339-3023 U.S. Nuclear Regulatory Commission E-mail: deb@nukebusters.org Washington, DC 20555-0001 E-mail: rnib5@nrc,qov Bill Perlman, Chair Linda Dunlavy Franklin Regional Council Executive Director of Governments Executive Committee Franklin Regional Council 425 Main Street of Governments Greenfield, MA 01301-3313 425 Main Street E-mail: topcat @ qravDanther.com Greenfield, MA 01301-3313 E-mail: lindad @frcoq.orq
2 Docket No. 50-29 LB MEMORANDUM (SCHEDULE FOR FILINGS IN RESPONSE TO HEARING PETITION)
David A. Repka, Esq. Gerald Garfield, Esq.
William A. Horin, Esq. Day, Berry & Howard Winston & Strawn LLP City Place 1 1400 L Street, NW Hartford, CT 06103 Washington, DC 20005 E-mail: aaarfield @dbh.com E-mail: drepka@winston.com; whorin @winston.com Dated at Rockville, Maryland, this 20thday of September 2004