ML042950406

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Letter to Court 9/20/04 Letter to Dominion, NRC Approved the License Amendment, Dated 9/30/04
ML042950406
Person / Time
Site: Millstone Dominion icon.png
Issue date: 09/30/2004
From: Fehst G
NRC/OGC
To: Mackechnie R
US Federal Judiciary, Court of Appeals, 2nd Circuit
References
04-0109
Download: ML042950406 (3)


Text

ytRREGe UNITED STATES 0 sNUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 4O , THIS CASE IS SCHEDULED FOR ORAL ARGUMENT ON OCTOBER 5,2004 OFFICE OF THE GENERAL COUNSEL September 30, 2004 Roseann B. MacKechnie, Clerk United States Court of Appeals, For the Second Circuit United States Court House 40 Foley Square New York, N.Y. 10007 Attention: Tynetta Wilder-Hope, Deputy Clerk RE: Connecticut Coalition Against Millstone v. NRC, Case No. 04-0109 VIA OVERNIGHT MAIL

Dear Ms. MacKechnie:

Pursuant to Rule 28(J) of the Federal Rules of Civil Procedure, at page 4 of the brief filed on behalf of the U.S. Nuclear Regulatory Commission (NRC) in the above-referenced case, the statement was made that the license amendment requested by the Intervenor, Dominion Nuclear Connecticut, Inc. (Dominion), had not yet been issued. This letter is to inform the Court that on September 20, 2004, the NRC approved the license amendment requested by Dominion. Enclosed is a copy of the September 20, 2004 letter to Dominion informing the company of the NRC decision.

On Tuesday, October 5, 2004, a panel of judges is scheduled to hear oral arguments in this case. Would you be so kind as to ensure that this letter is delivered before October 5 to the chambers of each of the judges on the panel. Thank you for your attention to this matter. If you have any questions, please do not hesitate to call me at (301) 415-1614.

Respectfully, Geraldine R. Fehst Attorney GRF@NRC.GOV

Enclosure:

As stated cc: Service List THIS CASE IS SCHEDULED FOR ORAL ARGUMENT ON OCTOBER 5, 2004

UNITED STATES NUCLEAR REGULATORY COMMISSION C WASHINGTON, D.C. 20555-0001 DOMINION NUCLEAR CONNECTICUT, INC., ET AL.

DOCKET NO. 50-336 MILLSTONE POWER STATION. UNIT NO. 2 AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 284 License No. DPR-65 The Nuclear Regulatory Commission (the Commission) has found that:

A. The application for amendment by the applicant dated September 26, 2002, as supplemented June 2, 2003, May 7, June 18, and August 24, 2004, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations set forth in 10 CFR Chapter I; B. The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; C. There is reasonable assurance (i) that the activities authorized by this amendment can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations; D. The issuance of this amendment will not be inimical to the common defense and security or to the health and safety of the public; and E. The issuance of this amendment is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied.

2. Accordingly, the license is amended by changes to the Technical Specifications as indicated in the attachment to this-license amendment, and paragraph 2.C.(2) of Facility Operating License No. DPR-65 is hereby amended to read as follows:

(2) Technical Specifications The Technical Specifications contained in Appendix A, as revised through Amendment No. 284 and the Environmental Protection Plan contained in Appendix B, both of which are attached hereto, are hereby incorporated in the license. Dominion Nuclear Connecticut, Inc. shall operate the facility in accordance with the Technical Specifications and the Environmental Protection Plan.

3. This license amendment is effective as of the date of issuance, and shall be implemented within 90 days of issuance.

FOR THE NUCLEAR REGULATORY COMMISSION N7 Daniel S. Collins, Acting Chief, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation

Attachment:

Changes to the Technical Specifications Date of Issuance: September 20, 2004