ML20134D430

Order Denying Petition for Review & Dismissing Stay Motion as Moot

ML20134D430
Person / Time
Site:	Yankee Rowe
Issue date:	10/18/1996
From:	Hoyle J NRC OFFICE OF THE SECRETARY (SECY)
To:	YANKEE ATOMIC ELECTRIC CO.
Shared Package
ML20134D418	List: ML20134D415 ML20134D430
References
REF-10CFR9.7 DCOM, NUDOCS 9610220233
Download: ML20134D430 (5)

Text

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I UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION l

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COMMISSIONERS:

I Shirley Ann Jackson, Chairman l Kenneth C. Rogers Greta J. Dicus Nils J. Diaz Edward McGaffigan, Jr. ,

SERVED OCT 1a HN6

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In the Matter of )

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YANKEE ATOMIC ELECTRIC COMPANY ) Docket No. 50-029-DCOM

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Decommissioning Plan

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(Yankee Nuclear Power Station) l l

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 ("YACC") Motion for Summary D.sposition in this deccNaissioning proceeding. LBP-96-18. The Citizens Awareness Network and New England Coalition on Nuclear Pollution

("intervenors") filed a Petition for Review of LBP-96-18 and also l

sought to stay the effectiveness of that order pending Commission The Commission on consideration of their Petition for Review.

October 2, 1996, issued a " housekeeping stay" to permit On consideration of the Petition for Review and the Stay Motion.

October 9, 1996, the Commission entered a second housekeeping stay, preventing YAEC from undertaking proposed " minor" decommissioning activities. Both the NRC staff and YAEC )

9610220233 961018 PDR 10CFR PT9.7 pop l

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i subsequently filed answers opposing intervenors' petition and j I

stay motion. l The Commission now concludes that the Petition for Review i

raises no substantial questions calling for Commission review of t

the Board's grant of summary dispusition. Egg 10 C.P.R.

4 5 2.786(b) (4) . We therefore deny the Petition for Review and

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dismiss the Stay Motion as moot.

We understand that intervenors may seek judicial review of this final Commission action and, in the process, may seek a judicial stay preventing resumption of decommissioning activities by YAEC. To permit a reviewing court to consider such a stay 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 1 i

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

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automatically be extended for an additionti fourteen (14) 1 This stay temporarily keeps in effect the housekeeping 1996.

stays issued by the commission on October 2 and 9,

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.

bA For the Commission, p

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John C./ Hoyle

$ g git Secretary of the Commission Dated at Rockville, Maryland this /f t day of October, 1996 l

I UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 1 In the Matter of YANKEE ATOMIC ELECTRIC COMPANY Docket No.(s) 50-029-0COM (Yankee Nuclear Power Station) 4 4

CERTIFICATE OF SERVICE I

j 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.

Administrative Judge Office of Comission Appellate G. Paul Bollwerk III, Chairman

.; Atomic Safety and Licensing Board Adjudication i

! U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555 l Washington, DC 20555

. l Administrative Judge 1

Administrative Judge Jerry R. Kline l Atomic Safety and Licensing Board Thomas S. Elleman Mail Stop - T-3 F23 704 Davidson Street  ;

j 1 U.S. Nuclear Regulatory Commission Raleigh, NC 27609 Washington, DC 20555 Ann P. Hodgdon, Esq. Curran, Esq.

Eugene J. Holler, Esq. Diane Harmon, Curran & Spielberg Office of the General Counsel 2001 S Street, N.W., Suite 430 Mail Stop 15 B18 U.S. Nuclear Regulatory Commission Washington, DC 20009 Washington, DC 20555 Thomas Dignan, Esq. Jonathan M. Block, Esq.

Robert K. Gad III, Esq. Main Street, P.O. Box 566 Ropes & Gray Putney, VT 05346 One International Plaza Boston, MA 02110

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 Poston, MA 02114 Dated at Rockville, Md. tais 18 day of October 1996 j ,

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Of fic'e of ThTSecretary ~of thi CFnimi~ssion l

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