ML20196F165

Response to Board Request for Answers to Questions & Other Matters.* Contends That Intervenors & Public Interest Have Been Severely Prejudiced by Failure of Proceeding to Adjudicate Matters at Issue.With Certificate of Svc

ML20196F165
Person / Time
Site:	Yankee Rowe
Issue date:	06/22/1999
From:	Lovejoy S FRANKLIN COUNTY, MA
To:	Atomic Safety and Licensing Board Panel
References
CON-#299-20581 99-754-01-LA-R, 99-754-1-LA-R, LA-R, NUDOCS 9906290151
Download: ML20196F165 (6)

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DOCKEIED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

'o9 JUN 28 All :38 ATOMIC SAFETY AND LICENSING BOARD OR k.

RUd Before Adnunistrative Judges:

ADJUD GF

' Charles Bechhoefer, Chairman Dr. Thomas S. Elleman Thomas D. Murphy In the Matter of

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Docket No. 50-029-LA-R

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YANKEE ATOMIC ELECTRIC COMPANY )

ASLBP No. 99-754-01-LA-R (Yankee Nuclear Power Station)

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License Termination Plan

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June 22,1999

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RESPONSE TO BOARD'S REQUEST FOR ANSWERS TO

. QUESTIONS AND OTHER MATTERS Franklin Regional Council of Governments ("FRCOG") through the Franklin Pegional Planning Board ("FRPB") responds to the Bund's request of June 14,1999 as follows:

1)

FRCOG believes that the Board has an obligation in the public's interest to act on the Intervenors' opposition in order to assure that the concerns of the Franklin County i

residents regarding the extent of radioactive contamination at the Yankee Rowe site and i

the immediate environs are properly addressed.

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FRCOG believes that the prejudice in this matter arises from several sources.

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2 The information provided by the Intervenors concerning possible extent of hydrogeological contamination (subsurface and groundwater contamination) needs to be l

addressed in a reasonable period of time. The cleanliness status of the Deerfield River still remains unclear. The Board must take note that Yankee has stated in footnote 1 ofits Motion to Terminate that it does not intend to submit another License Termination Plan

("LTP") until at least the year 2009. In Yankee's reply to Intervenors' Opposition, Yankee stated that it scheduled an approval of the LTP in 2019. Yankee then states that it could just let the license expire in 2052. Yankee seems to be telling this Board that it does not intend to file another LTP for some time (between ten and fifty-three years).

It is highly unlikely that the parties will have standing so far in the future. It is likely they will have to prove standing again. It also seems especially unlikely that the same LTP will be filed again; This means obtaining new experts, drafting and filing new

' contentions and litigating new issues. All of this means expenditures of time and money

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that the Intervenors and FRCOG have been hard pressed to obtain for this case.

Mer.nwhile, the citizens of Franklin County who the FRCOG represents, have seen legitimate questions raised about contamination at the Yankee Rowe site. Issues

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include whether Yankee Rowe is leaking off site, whether or where radioactive contamination may have already gone off site, and whether and where any radioactive materials have been buried on the site. What can be more prejudicial to the public interest ~

than to allow these questions to be raised in the context of this proceeding, and then permit Yankee to walk away without consequences -- particularly not meeting discovery c

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requests?. Yankee is saying in effect, "We' don't have to tell you anything about contamination here, we'll be back with another Plan when h suits our interests, and we

< don't have to answer to you."

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3)

The Board invites conunent about the viability of the currently accepted contentions in A future proceeding with a different LTP. LBP-99-22 at 6. FRCOG 1

believes that there is prejudice to the Intervenors in this proceeding because it is unlikely

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the submitted contentions will apply in a subsequent LTP proceeding. Yankee has stated in a letter to the NRC staff, in its Board notification, and in its motion practice before this Panel, that it intends to make major revisions in the LTP methodology.- As the accepted contentions were all addressed to methodological deficiencies in the LTP, there is no l

reason to believe that the new LTP, using an entirely new methodology, will have any me mingful relationship to the contentions before this Panel. Hence, prejudice to the Intervenors will arise when they are forced to be subjected to a second proceeding based on entirely difrerent issues, evidence and information. The next LTP - in anywhere from 10 to 20 years - will require new expert analyses and reports. It will force the Intervenors to expend equal or greater sums of money. This is plain legal prejudice. It is quite unlike the situation in which one moves from a federal to state forum (or like circumstances) when there is a subsequent trial on identical issues and evidence. What is happening on the l site in the meantime?-What further changes'will be made? Will radioactive contamination 1

. seep or wash off site?.

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4)

The Board has also questioned the parties concerning the Intervenors standing to 1

participate with respect to a proceeding involving a future LTP for the Yankee Rowe site.

LBP-99-22 at 6. It is our opinion that there is no basis in Commission precedent for extending th' standing in this proceeding to a subsequent one, particularly one in which e

the entire basis of the application will be different (i.e., a whole new methodology employed). Thus, once again, the interest of the Intervenors in the proceeding are prejudiced by Yankee's precipitous withdrawal of the LTP.

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In summary, FRCOG contends that the Intervenors and the public interest hau

' been severely prejudiced by the failure of this proceeding to adjudicate the matters at i

issue. The public has been placed in reasonable fear and uncertainty regarding radioactive 4

contamination at Yankee Rowe. Tc date, Intervenors have spent considerable time and J

- money and contributed costly expert opinion to the proceeding. FRCOG believes that the i

Panel owes it to this community to address the issues of prejudice in a way that will 1

reassure the people ofFranklin County. This can be done by setting the conditions which the Intervenors requested; the answers to discovery being particularly important to FRCOG. Moreover, given that the Intervenors have acted in the public interest and l

i sustained attorneys' fees and expenses that will not be useful in addressing the next LTP,

' FRCOG also believes that this Panel should eliminate tho prejudice through an award of attorneys' fees and expenses to the Intervenors.

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1 Respectfully Submitted, I

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Sa'muel H. Ik Franklin Regional Council of Governments I

425 Main Street 1

Greenfield, MA 01301 J

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00CKETED CERTIFICATE OF SERVICE IlONPC I, Samuel H. Lovejoy, hereby certify that on June 22,1999, I made service of the within document in conformity with the Commission's Regulations upon:

99 JUN 28 All 39 Hon. Charles Bechhoefer Office of Commission Appbdtb Administrative Judge Adjudication

ADJL, r

Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington D.C. 20555 Washington D.C. 20555 FAX: 301-415-1672 FAX: 301-415-5599 l

lion. Thomas D. Murphy Ann P. Hodgdon, Esquire Administrative Judge Office of the General Counsel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington D.C. 20555 Washington D.C. 20555 FAX: 301-415-3725 FAX: 301-415-5599 Hon. Thomas S. Elleman, Ph.D.

Thomas G. Dignan, Jr., Esquire Administrative Judge Ropes & Gray 704 Davidson Street One International Place Raleigh, NC 27609 Boston, MA 02110-2624 FAX: 919-782-7975 FAX: 617 Office of the Secretary Jonathan M. Block, Esquire U.S. Nuclear Regulatory Commission P.O. Box 566 Washington D.C. 20555 Putney, VT 05346 FAX: 301-415-1672 FAX: 802-387-2646 l

Deborah B. Katz Citizen's Awareness Network,Inc.

P.O. Box 3023 Charlemont, MA 01339 I

FAX: 413-339-8768

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b SamueNLLowfoy c/o Franklin Regional Council of Governments 425 Main Street Greenfield, MA 01301