ML20155A397

Memorandum & Order (Schedules for Remanded Proceeding, Prehearing Conference).* Prehearing Conference Hereby Scheduled for 981216-18.Time & Location Will Be Announced at Later Date.With Certificate of Svc.Served on 981028

ML20155A397
Person / Time
Site:	Yankee Rowe
Issue date:	10/27/1998
From:	Bechhoefer C Atomic Safety and Licensing Board Panel
To:	CITIZENS AWARENESS NETWORK, NEW ENGLAND COALITION ON NUCLEAR POLLUTION, NRC OFFICE OF THE GENERAL COUNSEL (OGC), YANKEE ATOMIC ELECTRIC CO.
References
CON-#498-19671 99-754-01-LA-R, 99-754-1-LA-R, LA, LBP-98-12, NUDOCS 9810290018
Download: ML20155A397 (6)

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C{Lall DOCKETED USHRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 98 OCT 28 A9:18 ATOMIC SAFETY AND LICENSING BO4RD(. '

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Before Administrative Judges ADJUD _ :/ M Charles Bechhoefer, Chairman Dr. Thomas S. Elleman Thomas D. Murphy SERVED oct 2 a l998 In the Matter of Docket No. 50-029-LA YANKEE ATOMIC ELECTRIC COMPANY ASLBP No. 99-754-01-LA-R (Yankee Nuclear Power Station)

License Termination Plan October 27, 1998 MEMORANDUM AND ORDER (Schedules for Remanded Proceedina: Prehearina Conference)

This proceeding concerns the application of Yankee Atomic Electric Company (Applicant) for approval of a License Termination Plan for the Yankee Nuclear Power Station, a nuclear facility located near the town of Rowe, Franklin County, Massachusetts. On June 12, 1998, the Atomic Safety and Licensing Board in this proceeding issued a Memorandum and Order (Decision on Standing) that denied petitions for intervention and requests for a hearing of three petitioners--the New England Coalition on Nuclear Pollution, Inc. (NECNP), the Citizens Awareness Network (CAN), and the Franklin Regional Planning board (FRPB)--and hence terminated the proceeding. LBP-98-12, 47 NRC 343. l Upon appeal, the Commission, in a ruling dated October 23, 9810290018 981027 PDR ADOCK 05000029 o eDR g50%

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1998, affirmed in part and reversed in part. CLI-98-21, 48 l

NRC __. It determined that NECNP and CAN each had demonstrated standing, and that FRPB had not done so. It i l

remanded the proceeding to the Licensing Board, curtailing  ;

1 the scope of the proceeding and offering guidelines to the l i

Board for the remainder of the proceeding. I l

Pending before this Board 1 is the remanded proceeding.

In order to become parties, each of the two petitioners with standing--NECNP and CAN--must file at least one contention satisfying the requirements of 10 C.F.R. S 2 . 714 ( a ) . Those petitioners should file their contentions to be in our hands (and other parties) by Monday, November 30, 1998. The Applicant and NRC Staff may file responses, to be in our hands (and other participants) by Friday, December 11, 1998.

As for the FRPB, the Commission noted both their late intervention and their tardy appeal, but it denied them participation as an interested governmental entity because the Commission deemed them to be merely an " advisory body (that] lacks executive or legislative responsibilities" and l is "so far removed from having the representative authority I to speak and act for the public trust that they do not qualify as governmental entities for purposes of section l 2 . 715 (c ) . " CLI-98-21, slip op. at 13. The Commission indicated, however, that the Franklin Regional Council of LOn October 26, 1998, the Licensing Board was reconstituted. 63 Fed. Reg. __.

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Governments had endorsed FRPB's application to participate, explaining that the FRPB was representing the interests of the Franklin County region. The Commission indicated that the " Council is itself free to seek participation rights before the Licensing Board and to utilize the FRPB in such an effort however it sees fit." CLI-98-21, suora (slip op.,

p. 14). Timeliness, of course, is not a factor in such a petition, although the governmental entity must take the proceeding as it finds it. If the Franklin Regional Council of Governments or other interested governmental body should i elect to participate in accordance with 10 C.F.R. S 2.715(c) l and if it has contentions to offer, we suggest that the '

entity might wish to follow the schedule outlined above for submission of contentions, l A prehearing conference is hereby scheduled for Wednesday, December 16, 1998 and Thursday and Friday, i

December 17-18, 1998, to the extent necessary. This conference will cover the admissibility of tendered contentions, potential participation by governmental entities and scheduling matters as necessary. (To the extent that none of the te.ndered contentions appear on their l face to satisfy applicab:.e standards, including those included in CLI-98-21, the conference could be cancelled.)

This conference will be held in the general vicinity of the plant site at a time and place to be announced.

If such a conference is held, the Board intends to l

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permit a limited number of oral limited appearance statements, as authorized by 10 C.F.R. S 2 . 715 ( a ) . The time and location of such statements will also be announced at a later date.

IT IS SO ORDERED, For the Atomic Safety and Licensing Board Charles Bechhoefer, g6 airman ADMINISTRATIVE JUDGE Rockville, Maryland October 27, 1998

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of YANKEE ATOMIC ELECTRIC COMPANY I Docket No.(s) 50-029-LA l (Yankee Nuclear Power Station) l CERTIFICATE OF SERVICE l

I hereby certify that copies of the foregoing LB M&O--SCHEDULES..PREH. CONF.

have been served upon the following persons by U.S. mail, first class, except i as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.  !

Administrative Judge Office of Commission Appellate Charles Bechhoefer, Chairman Adjudication Atomic Safety and Licensing Board Panel l U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 l Washington, DC 20555 U.S. Nuclear Regulatory Commission

( Washington, DC 20555 Administrative Judge Thomas D. Murphy Administrative Judge l Atomic Safety and Licensing Board Panel Thomas S. E11eman Mail Stop - T-3 F23 704 Davidson Street l

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

Marian L. Zobler, Esq. Diane Curran, Esq.

Office of the General Counsel Harmon, Curran, Spielberg & Eisenberg Mail Stop 15 B18 2001 S Street, N.W., Suite 430 U.S. Nuclear Regulatory Commission Washington, DC 20009 Washington, DC 20555 l

l l Thomas Dignan, Esq. Jonathan M. Block, Esq.

Ropes and Gray Main Street One International Place P.O. Box 566 Boston, MA 02110 Putney, VT 05346 i

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Docket No.(s)50-029-LA LB M&O--SCHEDULES..PREH. CONF.

James L. Perkins, President Adam Laipson New England Coalition on Franklin Regional Council Nuclear Pollution of Governments P.O. Box 545 425 Main St.

Brattleboro, VT 05302 Greenfield, MA 01301 Deborah B. Katz, President Citizens Awareness Network, Inc.

P.O. Box 3023 Charlemont, MA 01339 l

Dated at Rockville, Md. this 28 day of October 1998 f/A

/ . wJ [' bly b %4 Office of the Secretiry of thyrCommission I

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