ML20046C038
| ML20046C038 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 07/28/1993 |
| From: | Cole R, Lam P, Smith I Atomic Safety and Licensing Board Panel, VERMONT YANKEE NUCLEAR POWER CORP. |
| To: | |
| References | |
| CON-#393-14159 92-665-02-OLA-5, 92-665-2-OLA-5, OLA, OLA-5, NUDOCS 9308090139 | |
| Download: ML20046C038 (5) | |
Text
_..
.ain-v%c LBP-93-16
'93 JL 29 A9 :38 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
.r-
.i s ATOMIC SAFETY AND LICENSING BOARD
[.'
Before Administrative Judges:
Ivan W.
Smith, Chairman Dr. Richard F.
Cole
' 06RVED JUL 2 9 1993 Dr. Peter S.
Lam In the Matter of VERMONT YANKEE NUCLEAR Docket Nos. 50-271-OLA-5 POWER CORPORATION FOL No. DPR-28 ASLBP No. 92-665-02-OLA-5 (Vermont Yankee Nuclear Power Station)
July 28, 1993 MEMORANDUM (Termination of Proceeding)
The purpose of this memorandum is to note for the adjudicatory record the termination of this license amendment proceeding.
Confusion has arisen concerning the status of this unusual proceeding which, according to the adjudicatory record, incorrectly seemed to have been opened but never closed.
On January 21, 1992, the Commission published in the Federal Reaister a " Notice Of Consideration Of Amendment To Facility Operating License... And Opportunity For Hearing" with respect to diesel generators at the Vermont Yankee Nuclear Power Station.
58 Fed. Reg. 5427-5435.
930B090139 930728
\\
t 4,
Pursuant to the Notice, on February 22, 1993, petitions for leave to intervene and requests for hearing were filed by New England Coalition on Nuclear Pollution and the Massachusetts Attorney General.
The Secretary of the commission routinely referred the petitions to the Chief Judge of the Atomic Safety and Licensing Board Panel in accordance with 10 C.F.R.
S 2.772(j).
The proceeding was docketed as an adjudicatory mat *er and, on March 5, 1993, the Chief Judge eutablished this Atomic Safety and Licensing Board to rule on thw petitions and to preside over any consequ' ant hearing.
Before the Licensing Board could rule on the intervention petitions, Vermont Yankee Nuclear Power j
Corporation, on March 9, 1993, withdrew the application.2' Since no party had been admitted to the proceeding, the Licensing Board had not issued a Notice of Hearing as provided in 10 C.F.R. S 2.105 (e) (2).
Therefore the Commission, not the Licensing Board, had jurisdiction over f
the withdrawal of the application.
gee 10 C.F.R.
S 2.107(a).
The NRC Staff, acting for the Commission, approved the i
8Letter, Donald A. Reid, Vice President, Operations, Vermont Yankee Power Corporation, to U.
S.
Nuclear 1
Regulatory Commission, March 9, 1993.
L 3
a
s 4
withdrawal on March 25, 1993, thus terminating the proceeding.2 i
FOR THE ATOMIC SAFETY AND LICENSING BOARD
/
E' kll
?YY C 44dn W'.
Smith', "' Chairman ADMINISTRATIVE JUDGE Bethesda, Maryland July 28, 1993 1
a i
i i
i 1
i j
i 2Letter from Daniel H.
Dorman, USNRC, to Donald A.
j Reid, Vermont Yankee Nuclear Power Corporation, March 25, 1993, with attached notice of withdrawal.
l l
i
a UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of VERMONT YANKEE NUCLEAR POWER Docket No.(s) 50-271-OLA-5 CORPORATION (Vermont Yankee Nuclear Power Station)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB MEMORANDUM (LBP-93-16) 7/28 4
have been served upon the following persons by U.S. mail, first class, except l
as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.
Office of Commission Appellate Administrative Judge Adjudication Ivan W. Smith, Chairman U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 l
Administrative Judge Administrative Judge Richard F. Cole Peter S. Lam Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Diane Curran, Esq.
Office of the General Counsel Harmon, Curran, Gallagher & Spielberg U.S. Nuclear Regulatory Commission 2001 S Street, N.W.,~ Suite 430 Washington, DC 20555 Washington, DC 20009 1
i 2
John A. Ritsher, Esq.
Leslie B. Greer, Esq.
Ropes & Gray Public Protection Bureau One International Place One Ashburton Place, 19th Floor Boston, MA 02110 Boston, MA 02108 I
i
Docket No.(s)50-271-0LA-5 LB MEMORANDUM (LBP-93-16) 7/28 Dated at Rockville, Md. this 29 day of July 1993 2,t' It <s (! Lt.u Office of the Secretary of the Commission l
t 8
h P
t I
I t
8 I
i i
r I
!