ML042720191
| ML042720191 | |
| Person / Time | |
|---|---|
| Site: | Yankee Rowe |
| Issue date: | 09/21/2004 |
| From: | Katz D Citizens Awareness Network |
| To: | Atomic Safety and Licensing Board Panel |
| Byrdsong A T | |
| References | |
| -RFPFR, 50-29, ASLBP 04-831-01-OLA, RAS 8516 | |
| Download: ML042720191 (4) | |
Text
RA. 5i 85/ 6 DOCKETED USNRC September 21, 2004 (7:10AM)
OFFICE OF SECRETARY Before the RULEMAKINGS AND UNITED STATES ADJUDICATIONS STAFF NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD In the matter of Yankee Atomic Electric Company (Yankee Nuclear Power Station, Rowe, Massachusetts)
Proposed License Amendment to Incorporate A New Docket no.50-029 License Condition Addressing the License Termination Plan [LTP] to Document the Date of Approval of the LTP ASLBP No. 04-831-01-OLA Provide Criteria to Determine the Need for NRC Approval of Changes to the Approved LTP CAN'S REPLY TO YANKEE ATOMIC ELECTRIC COMPANY'S ANSWER CAN hereby replies. pursuant to 10 CFR §2.309(h)(2), to Yankee Atomic Electric Company's ['YAEC"] answer to CAN's contentions. CAN contends that the objections YAEC raised in its answer are entirely semantic instead of substantive. 'Whether the filings are in the present tense, pluperfect or future conditional should be of no relevance to their scientific and technical validity in relation to the License Termination Plan as submitted.
The "RAls" that the NRC staff submitted to YAEC in this case treat the LTP in the identical manner as CAN and its expert do in CAN's contentions. See CAN Exhibit 7, NRC Staff RAIs, attached hereto. One may reasonably presume that YAEC will be providing answers to the substance of the questions raised therein rather than questioning the grammatical tense in which the NRC Staff posed the fe/nApeate- SEC-o317
RAIs. YAEC's notion that the LTP is a potential rather than an actual, final plan is reminiscent of Zeno's proof that an arrow can never reach the target. Were that the case, there would be nothing substantive to review in any NRC proceeding.
CONCLUSION The contentions with expert declaration that CAN filed with the Board concerning the extensive tritium contamination at the Yankee Rowe site are a proper issue for Atomic Safety and Licensing Board review. CAN hereby renews its request that the Board take up these contentions concerning the efficacy of an important part of the LTP for Yankee Rowe.
Respectfully submitted this 21st day of S ptember, 2004:
Vborah B. Katz, Executive DirOor, pro se for Citizens Awareness Netwo nc.
P.O. Box 3023 Charlemont, MA 01339-3023 (413) 339-5781 Deb nukebusters.org cc: Service List 2
CERTIFICATE OF SERVICE 1, Deborah Katz, certify that on this 21st day of September, an electronic copy of the above matter was filed upon the parties listed below and docketed with the NRC by sending it to hearingdocket~nrc.gov, and that a copy will be mailed first class mail to the parties listed below by placing it into the United States Postal Service as pre-paid, First Class mail on this day.
Parties Courtesy filings Office of the Secretary Senator Jim Jeffords U.S. Nuclear Regulatory Commission 413 Dirksen Senate Office Bldg.
Washington, D.C. 20555 Washington, D.C. 20510 ATT: Rulemakings and Adjudications Staff senator(ni.effords.senate.gov hearinedocket4nrc.gov Senator Pat Leahy David A. Repka 433 Russell Senate Office Bldg William A. Horin United States Senate Winston and Stra-wn, LLP Washington, DC 20510 1400 L Street, N.W. senator leahvaleahv.senate.eov Washington, D.C. 20005 drepkari)winston.com Senator Edward Kennedy Xhorinr()Ninston.com 315 Russell Senate Office Building Washington, DC 20510 senator(akennedv.senate. Rov Margaret Bupp, Esq.
Office of General Counsel Representative Ed Markey United States Nuclear Regulatory Commission 2108 Raybum House Office Bldg.
Washington, D.C. 20555 Washington, D.C. 20515 mib5(&.nrc.Rov Chief Judge G. Paul Bollwerk, III Representative John Olver Atomic Safety and Licensing Board 1027 Longworth HOB United States Nuclear Regulatory Commission Washington, D.C. 20515 Washington, D.C. 20555 gpb,1Dnrc.gov 3
Main Office: Box 83 Shelburne Falls, MA 01370 P/F:413-339-5781/8768 CTCAN: 54 Old Turnpike Road, Haddom, CT 06438 P/F: 860-345-2157 VTCAN: Box 403, Putney, VT 05346 P/F: 802-387-4050 NVTCAN 16 Johnson St. Burlington, VT 05656 03858802 382-8153 CNYCAN: 140 Basset St., Syracuse. NY 13210 315-425-0430 WESCAN: 42A Adrian Court, Cortlandt Manor, NY 10567 914-739-6164 NYCAN: 144 North 11 St, Brooklyn. NY 11211 718-963-9105 NHCAN, 14 North Main St. Newton, NH, 603-382-2575 CITIZENS AWARENESS NETWORK September 21, 2004 Secretary United States Nuclear Regulatory Commission Washington, DC 20555-0001 ATT: Rulemakings and Adjudications Staff RE: In the matter of Yankee Atomic Electric Company (Yankee Nuclear Power Station, Rowe, Massachusetts)
Docket no.50-029
Dear Rulemakings and Adjudications Staff:
Enclosed for filing in the above referenced matter please find the original and ivo copies of Citizens Awareness Netvork's "Response to Yankee Atomic Electric Company's Answer" with attached Certificate of Service. Conformed copies of this filing have also been sent to the licensee's attorneys and the NRC Staff attorney. The same material was filed electronically with the parties on this day.
Sincerely, Executive Director Citizens Awareness Network cc: Service List