ML043420041

Letter from Shelly D. Cole to Annette L. Vietti-Cook Enclosing a Corrected Page 2 to the NRC Staff'S Notice of Appeal of LBP-04-27, Order Granting Hearing, and Accompanying Brief Filed on 12/02/04

ML043420041
Person / Time
Site:	Yankee Rowe
Issue date:	12/07/2004
From:	Cole S NRC/OGC
To:	Annette Vietti-Cook NRC/SECY
Cole S D/ OGC / 415-2549
References
50-29-OLA, ASLBP 04-831-01-OLA, RAS 8961
Download: ML043420041 (4)

Text

December 7, 2004 Ms. Annette L. Vietti-Cook Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 In the Matter of YANKEE ATOMIC ELECTRIC COMPANY (Yankee Nuclear Power Station LTP)

Docket No. 50-29-OLA

Dear Ms. Vietti-Cook:

On December 2, 2004, the NRC Staff filed its Notice of Appeal of LBP-04-27, Order Granting Hearing, and Accompanying Brief. It has come to our attention that there was an error on page 2 of that filing. The date of the prehearing conference is incorrectly stated as September 8, 2004. The correct date of the prehearing conference is November 8, 2004.

Enclosed is a revised page 2 reflecting this correction. The Staff regrets the error.

Sincerely,

/RA/

Shelly D. Cole Counsel for the NRC Staff

Enclosure:

As stated cc: See next page

cc list Office of the Secretary ATTN: Docketing and Service U.S. Nuclear Regulatory Commission Mail Stop: O-16C1 Washington, D.C. 20555 Office of Commission Appellate Adjudication Mail Stop: O-16C1 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Board Panel Adjudicatory File U.S. Nuclear Regulatory Commission Mail Stop: O-16C1 Washington, DC 20555 Deborah B. Katz Citizens Awareness Network P.O. Box 3023 Charlemont, MA 01339-3023 Jonathan M. Block, Esq.

94 Main Street P.O. Box 566 Putney, VT 05346-0566 David A. Repka, Esq.

William A. Horin, Esq.

Winston & Strawn LLP 1400 L Street, N.W.

Washington, D.C. 20005-3502

(YAEC or the licensee) filed an LTP for Yankee on November 24, 2003 (ADAMS Accession No. ML033450398).1 On May 4, 2004, the Staff published a Notice of Receipt of the Yankee LTP in the Federal Register. 69 Fed. Reg. 24,695. On June 22, 2004, the Staff published a Notice of Consideration of Issuance of Amendments to Facility Operating Licenses, Proposed No Significant Hazards Consideration Determination, and Opportunity for a Hearing for the Yankee LTP in the Federal Register. 69 Fed. Reg. 34,707-08 (June 22, 2004).

On August 20, 2004, CAN filed a request for a hearing.2 The Staff and YAEC filed responses to CANs hearing request,3 and CAN filed a reply to each of the responses.4 On November 8, 2004, the Board held a prehearing conference to discuss the admissibility of contentions. On November 22, 2004, the Board issued a Memorandum and Order, LBP-04-27, granting CANs Hearing Request and admitting two contentions. The Staff now appeals LBP-04-27.

1 YAEC supplemented its LTP on December 10, 2003 (ADAMS ML033530147); December 16, 2003 (ADAMS ML041110261); January 19, 2004 (ADAMS ML040280024, ML040280028, ML040280031, ML040280036, ML040280140); January 20, 2004 (ADAMS ML040330777);

February 2, 2004 (ADAMS ML040420388); February 10, 2004 (ADAMS ML041100639); and March 4, 2004 (ADAMS ML040690034). See 69 Fed. Reg. 24,695 (May 4, 2004). In response to Staff Requests for Additional Information, YAEC filed a revised LTP on November 19, 2004 (ADAMS ML043240450).

2 See [CAN]s Request for Hearing, Demonstration of Standing, Discussion of Scope of Proceeding and Contentions (Hearing Request). On the same day, CAN also filed its Motion to Dismiss Proceedings as Improperly Noticed or Clarify and Re-notice the Proceedings. The Commission denied the Motion to Dismiss in CLI-04-28, 60 NRC __, slip op. (Oct. 7, 2004).

3 See NRC Staff Response to CANs Request for Hearing and Proposed Contentions (September 20, 2004) (Staff Response); Answer of [YAEC] to [CAN]s Request for Hearing and Petition to Intervene (September 14, 2004) (YAEC Response).

4 See CANs Reply to [YAEC]s Answer (September 21, 2004); CANs Reply to the NRC Staff Answer (September 27, 2004) (CAN Reply).

December 7, 2004 Ms. Annette L. Vietti-Cook Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 In the Matter of YANKEE ATOMIC ELECTRIC COMPANY (Yankee Nuclear Power Station LTP)

Docket No. 50-29-OLA

Dear Ms. Vietti-Cook:

On December 2, 2004, the NRC Staff filed its Notice of Appeal of LBP-04-27, Order Granting Hearing, and Accompanying Brief. It has come to our attention that there was an error on page 2 of that filing. The date of the prehearing conference is incorrectly stated as September 8, 2004. The correct date of the prehearing conference is November 8, 2004.

Enclosed is a revised page 2 reflecting this correction. The Staff regrets the error.

Sincerely,

/RA/

Shelly D. Cole Counsel for the NRC Staff

Enclosure:

As stated Distribution:

ADAMS cc: See next page HLW r/f Formal File (2)

L Chander J Moore M Zobler ADAMS Accession # ML043420041 S Cole OFFICE OGC OGC NAME S. Cole J. Moore /RA SDCole for/

DATE 12/ 07/2004 12/ 07 /2004 OFFICIAL RECORD COPY