ML20129D513
| ML20129D513 | |
| Person / Time | |
|---|---|
| Site: | Yankee Rowe |
| Issue date: | 10/18/1996 |
| From: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| To: | CITIZENS AWARENESS NETWORK, NEW ENGLAND COALITION ON NUCLEAR POLLUTION |
| References | |
| CON-#496-17999 CLI-96-09, CLI-96-9, DCOM, NUDOCS 9610250058 | |
| Download: ML20129D513 (5) | |
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UNITED STATES OF AMERICA too NUCLEAR REGULATORY COMMISSION
'96 CC: 18 An :21 COMMISSIONERS:
OF.
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Shirley Ann Jackson, Chairman 0066; Kenneth C. Rogers Greta J. Dicus Nils J. Diaz Edward McGaffigan, Jr.
SERVED 0CT 181996
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In the Matter of
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YANKEE ATOMIC ELECTRIC COMPANY
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Docket No. 50-029-DCOM
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Decommissioning Plan (Yankee Nuclear Power Station)
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CLI-96-9 ORDER on September 27, 1996, the Atomic Safety and Licensing Board issued a decision and order granting Yankee Atomic Electric Company's ("YAEC") Motion for Summary Disposition in this decommissioning proceeding.
The Citizens Awareness Network and New England Coalition on Nuclear Pollution
("intervanors") filed a Petition for Review of LBP-96-18 and also sought to stay the effectiveness of that order pending Commission i
consideration of their Petition for Review.
The Commission on October 2, 1996, issued a " housekeeping stay" to permit consideration of the Petition for Review and the Stay Motion.
On October 9, 1996, the Commission entered a second housekeeping stay, preventing YAEC from undertaking proposed " minor" decommissioning activities.
Both the NRC staff and YAEC
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2 subsequently filed answers opposing intervenors' petition and stay motion.
The Commission now concludes that the Petition for Review raises no substantial questions calling for Commission review of the Board's grant of summary disposition.
Egg 10 C.F.R. 5 2.786(b) (4).
We therefore deny the Petition for Review and f
dismiss the stay Motion as moot.
j We understand that intervanors may seek judicial review of j
this final Commission action and, in the process, may seek a judicial stay preventing resumption of decommissioning activities
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by,YAEC.
To permit a reviewing court to consider such a stay J
j request in an orderly way, we will adopt a two-stage administrative stay.1 First, the stay will remain in effect until seven (7) calendar days after the issuance date of this order.
Second, if the intervenors file a petition for review and a motion for a judicial stay with an appropriate United States court of Appeals within that time, the administrative stay will automatically be extended for an additional fourteen (14) l i
This stay temporarily keeps in effect the housekeeping 1
stays issued by the commission on October 2 and 9, 1996.
3 calendar days or until the court of appeals acts on the request for a judicial stay, whichever comes first.
1 Lona Island Lichtina Co. (Shoreham Nuclear Power Station, Unit 1), CLI-91-08, 33 NRC 461, 471-42 (1991).
It is so ORDERED.
4 For the Commission, h
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,fohn C./ Hoyle Segyetary of the Commission Dated at Rockville, Maryland this / / T h. d a y o f O c t o b e r, 1996
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 3
In the Matter of 6
YANKEE ATOMIC ELECTRIC COMPANY Docket No.(s) 50-029-DCOM (Yankee Nuclear Power Station) 1 CERTIFICATE OF SERVICE i
I hereby certify that copies of the foregoing COMMISSION ORDER (CLI-96-9) have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.
1 Administrative Judge Office of Commission Appellate G. Paul Bo11werk III, Chairman Adjudication Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Commission 1
Washington, DC 20555 Administrative Judge Jerry R. Kline Administrative Judge Atomic Safety and Licensing Board Thomas S. E11eman Mail Stop - T-3 F23 704 Davidson Street U.S. Nuclear Regulatory Commission Raleigh, NC 27609 Washington, DC 20555 Ann P. Hodgdon, Esq.
Eugene J. Holler, Esq.
Diane Curran, Esq.
Office of the General Counsel Harmon, Curran & Spielberg Mail Stop 15 B18 2001 S Street, N.W., Suite 430 U.S. Nuclear Regulatory Commission Washington, DC 20009 Washington, DC 20555 Thomas Dignan, Esq.
Robert K. Gad III, Esq.
Jonathan M. Bloc.k, Esq.
Ropes & Gray Main Street, P.O. Box 566 One International Plaza Putney, VT 05346 Boston, MA 02110
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Docket No.(s)50-029-DCOM COMMISSION ORDER (CLI-96-9)
Leslie B. Greer, Asst Atty Gen John Stobierski, Chair Scott Harshbarger, Atty Gen Jay Dipecchio, County Administrator Department of the Attorney General Franklin County Commission Government Bureau - Trial Div.
Courthouse, 425 Main Street 200 Portland Street Greenfield, MA 01301 Boston, MA 02114 Dated at Rockville, Md. this 18 day of October 1996
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Office ~ of the Secretary of the Commission i
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