ML20206B664

Requests Board Take Action to Remedy NRC Failure to Comply with Board Request & NRC Counsel Representation to Board in Relation to That Request Re Serving EA Upon Petitioners Per Request of Board.With Certificate of Svc

ML20206B664
Person / Time
Site:	Yankee Rowe
Issue date:	04/24/1999
From:	Block J AFFILIATION NOT ASSIGNED, NEW ENGLAND COALITION ON NUCLEAR POLLUTION
To:	Bechhoefer C Atomic Safety and Licensing Board Panel
References
CON-#299-20318 99-754-01-LA-R, 99-754-1-LA-R, LA-R, NUDOCS 9904300025
Download: ML20206B664 (3)

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' s 00CKETED JONATHAN M. BLOCK m MFDDN i Q7U ATrORNEY AT LAW 94 Main Street 99 n29P434 P.O. Box 566 Putney, VT. 05346-0566 c 802-387-2646 (vox)

Y. -2667 (fax)

ADJi ibnb@sover. net April 24,1999 Judge Charles Bechhoefer, Chairman, Atomic Safety and Licensing Board United States Nudear Regulatory Commission Washington,D.C. 20555 BY: FAX AND FIRST CLASS MAIL RE: Failure of NRC Staff to serve EA upon Petitioners per request of the Board in i Yankee Atomic Electric Company (License Ternunation Plan) [LTP] l 50-029-LA-R (ASLBP No. 99-754-01-LA-R) l 1

DearJudge Bechhoefer:

New England Coalition on Nudear Pollution (hiECNP), a party to the above referenced proceeding, believes that on January 27,1999, the Panel requested that, when issued, the NRC Staff serve a copy of the Environmental Assessment [EA) for the LTP upon the parties in the above referenced proceeding. Counsel for the NRC staff assured the Panel that this request would be honored. The Official Transcript of the Prehearing Conference reads as follows:

JUDGE BECHHOEFER- I just wanted to mention, rad I  !

assume this is the case, that when the assessment is complete, the staff will serve it QD all the carties?  !

MS ZOBLER: We can do that. Your Honor.

JUDGE BECHHOEFER: Thepetitioner'sparties--

MS. ZOBLER: Certainiv. Certainly orovide them a cooy.

JUDGE BECHHOEFER: Yes. And do you have any schedules, more or less? Do you know about what the progress of that is? I'm not trying to confine you to any schedule, but --

MR. FAIRTILE: Roughly two to three months.

JUDGE BECHHOEFER Okay.

- Official Transcript of the Proceedings of the United States Nudear Regulatory Comrmssion, " Yankee Atomic Electric Company (Yankee Nudear Power Station)

Prehearing Conference" [Tr-]Qanuary 27,1999) at 248-249, lines 17-24 (emphasis added);

9904300025 990424 PDR ADOCK 05000029 G PDR 0

, Letterfrom JM Block, AttorneyforNECNP, to CharlesBechhoefer, Chairman. ASLBP Page 2 of 2 in the matter ofYankee Atomic Electric Company (License Termination Plan) 50-029-LA-R (ASLPB No. 99-754-01-LA-R) (Aptil 24,1999) scepnem#,y, id at 236-249. Counsel for NECNP recently acquired an internet posting of a Federal Register Notice of the EA at issue-not, significantly, by NRC staff counsel's service of same. Counsel for NECNP does not know if any other parties to this proceeding or interested persons received a copy of the EA.

Under the circumstance evidenced above, counsel for NECNP requests the Board to take action to remedy the Staff's failure to comply with the Board's request and NRC Staff counsel's representation to the Board in relation to that request.

l Counsel for NECNP asks the Board to direct the Staff to honor its commitment to serve every party to the proceeding with a copy of the EA. Further,in the interests of faimess, counsel for NECNP requests that, in evaluating the admissibility of any late-filed l l

contentions proffered pursuant to the EA at issue, the d consider the parties' (and any other person's!) receipt of the EA by the NRC str isel's service of same upon the parties, rather than publication in the Federal Registe is would avoid prejudice to any one who may have relied upon the NRC Staff' coura ?! .epresentation to the Board  ;

that the parties would be served with a copy of the EA upon issuance (as opposed to relying upon monitoring the Federal Register for publication and notice of the EA).

Interested persons in attendance at the Prehearing Conference may have reasonably believed that interrenors would inform such interested persons as soon as the NRC staff counrel served the EA upon the parties. Hence, the need for this Panel, when fashioning a proper remedy, to carefully consider the scope of the prejudice worked by the NRC staff counsel's failure to provide promised service of the EA at issue.

Thank you for your kind consideration and attention to this matter.

Sincerely, nWA=e .

Jonathan M. Block Attomey for NECNP cc: Service list 4

l Region 1 of the United States Erwironmental Protection Agency and Friends of the Coast Opposing Nuclear Pollution (FOTC) demonstrated interest in the proceeding through limited appearance statements, and, in the case of FOTC, s filing of some kind with the Board and parties. Tr. (Limited Appearances) at 5-10,10-15, and attachments (Jan. 26,1999, 7:02 p.m. to 9:31 p m.); see also Tr. at 269-281(Jan. 27,1999). Based upon the limited appearance statements and other actions, it is reasonably foreseeable that such persons may choose to place NEPA-related late-filings before this Board.

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4 Certificate of Service 1, Jonathan M. Block, attorney for New England Coalition on Nuclear Pollution [NECNP], do hereby certify that on April 24,1999, I served the within pleading upon parties (and others indicated with '*' by First Class mail only) in this matter by First Class United States Mail and fax transmission as follows:

Hon. Charles Bechhoefer, Chainnan The Hon. Thomas D. Murphy Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board Panel U.S. NRC U.S. NRC Washington, D.C. 20555 Washington, D.C. 20555 FAX: (301) 415-5599 FAX: (301)415 5599 Hon. Dr. Thomas Elleman Ms. Deborah B. Katz Administrative Judge Citizens Awareness Network,Inc. .

, , 704 Davidson Street P.O. Box 3023 0' Raleigh, NC 27609 Charlemont, MA 01339-3023 E FAX:(919) 782 7975 FAX:(413) 339-8768 Robert K. Gad 111, Esq. and Mr. Samuel Lovejoy, Chrm. Planning Board Thomas G. Dignan, Jr., Esq. Franklin Regional Council of Governments Ropes & Gray 425 Main Street One Intemational Place Greenfield, MA 01301 Boston, MA 02110-2624 FAX: (413) 774-3169 FAX: (617) 951-7050 Ann P. Hodgdon, Esq. Office of the Secretary /

Marian L. Zobler, Esq. Rulemakings & Adjudications Office of General Counsel U.S. NRC U.S. NRC Washington, D.C. 20555 Washington, D.C. 20555 FAX (301)-415-1672 FAX: (301) 415-3725 Office of Commission Diane Curran, Esq.* ,

Hannon, Curren, Spielberg & Eisenberg I Appellate Adjudication 1726 M Street,NW, Suite 600  ;

U.S. NRC -

Washington, D.C. 20555 Washington, D.C. 20036  !

F FAX (301) 415-1672 4

David Rothstein, Esq.* ,

U.S. EPA Region I Suite 1100-RCA l 1 Congress Street Boston, MA 02114-2023 t.%

Jonathan M. Block Attorney for NECNP