ML20217R191

Franklin Regional Planning Board Conditional Reply & Support for New England Coalition on Nuclear Pollution,Inc Opposition & Proposed Order & Motion for Leave to Reply to Yaec New Evidence Filing.* W/Certificate of Svc

ML20217R191
Person / Time
Site:	Yankee Rowe
Issue date:	05/11/1998
From:	Laipson A FRANKLIN COUNTY, MA
To:	Atomic Safety and Licensing Board Panel
References
CON-#298-19062 98-736-01-LA, 98-736-1-LA, LA, NUDOCS 9805140188
Download: ML20217R191 (7)

Text

nav-ti-se nnn n e i n e. en r e c ro e.u n,a nu hhY DOCHETED U S P"'

98 MAY 12 All:42 UNITED STATES OF AMEPdCA NUCLEAR REGULATORY COMMISSION Before the 09 l

AlgJnic Safety and Licensing Boarg' Administrative Judges:

Chairman James P. Gleason Dr. Thomas S. Elleman Thomas D. Murphy Docket No. 50-029-LA lIn the Matter of i

ASLBP No. 98-736-01-LA

.l YANKEE ATOMIC ELECTRIC COMPANY l(Yankee Nuclear Power Station) i FRANKLIN REGIONAL PL ANNING BOARD'S (FRPB'S) CONDITIONAL AND SUPPORT FOR NEW ENGT AND COALlTION ON NUCLEAR P INC 'S (NECNP'S) OPPOSITION AND PROPOSED ORDER AND MOT LEAVE TO REPI Y TO YANKEE ATOMIC ELECT RIC COMPANY'S (YA "NEW EVIDENCE" FII TNG Franklin Regional Planning Board (FRPB) hereby requests leave of the Panel in this case to make the following extremely brief reply to Yankee Atomic Electric Company's (YAEC's) "New Evidence" filing. FRPB makes this request because we contend that YAEC has attempted to deliberately diston the nature of our last filing with this Panel, that YAEC continues to make filings that do not comport with our understanding of the Nuclear Regulatory Commission's (NRC's) procedural rules, an that YAEC's requests for leave to reply, as argued in New England Coalition on Nuclear Pollution. Inc.'s (NECNP's) Opposition, are not based upon the need to provide this Panel with any new legal or factual information. Wherefore, FRPB asks the Panel for 9805140188 980511 f $ C ?b PDR ADOCK 05000029

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r leave to make the following reply. FRPB also enters its support for NECNP's Opp f

h and (Proposed) Order, in part because it provides a sound argumentative ba problems described herein and poses a potential solution for the Panel.

@DITIONAL REPLY f

FRPB Died its opposition to YAEC's Motion to Strike as " Franklin Regiona\\

Planning Board's (FRPB's) Conditional Motion For Leave To Reply And Mot Strike Yankee Atomic Electric Company's (YAEC's) Unauthorized Motion To S And Conditional Motion For Leave To Reply Thereto" At that time, FRPB be YAEC was continuing to mislead the Panel in this case into thinking that FRPB d have either the authority to appear or the support of the Franklin Regional Co Governments (FRCOG). Declaration of Adam Laipson, Exhibit 'A' attached hereto YAEC has relied upon this characterization, along with the NRC's Staff's proffer letter from Bradford Councilman, FRCOG, to Panel Chairman James P. Gle March 26,1998), to induce this Panel to believe that FRPB had no right to be pa f

ask for a hearing in this case. Id. YAEC also tries to use the false notion of "new l f

evidence" (i.e., FRPB's providing the Panel with the Declaration of Jay DiPucch I

Executive Director of the FRCOG) to defeat FRPB's plain showing that it has had l

continues to have the authority to ask for and participate fully in a hearing in this matl Id. In other words, YAEC is quite correct that FRPB placed evidence before this Pan i

its recently filed motion in opposition to YAEC's motion to strike. However, as p 2

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out by NECNP, YAEC filed defective motions--motions lacking proper factual b general evidentiary support, and any proposed form of Order for this Pane is right that FRPB presented evidence in the form of Mr. DiPucchio's declaratio

. recent votes and form of the resolutions o t ef h FRCOG. M YAEC is dead wrong tha this is in any way "new evidence." Rather, as.with all of the arguments YAEC keeps sticking into each one of its unauthorized replies and defective motions, it is merely cumulative evidence. Id. It is evidence which confirms that which is already known and j is properly before this Panel: that the FRPB has a right to be here requesting a hel and a right to legally participate in such a hearing as the proper representative of some 70,000 citizens of Franklin County, Massachusetts. Id. In lieu of a proposed Order, w hereby support and adopt *he proposed Order submitted by NECNP.

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CONrLUSION-WHEREFORE, all of YAEC's motions should be denied, and this Panel should

. issue an. Order of the type proposed by NECNP It is further asked of this Panel that upo

- issuing said Order that the Panel make a deterinination of the standing issue as the has adequate filings for this Panel to make its fmding in this regard. Without such a l

determination, time would allow for continued, unneeded exchanges between the parties.

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f ah Resp fully submit h'Laip:.c, /,d A tan Chair, Fr in RegionalPlanning Board 425 Main Street Greenfield,MA 01301 May 11,1998 l

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Executive Dirator a ray DiPuctn..

FRANKLIN REGIONAL Director of Finance

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w, 425 Main St. Greenfield. MA 01301 EXHIBIT ' A' DECL ARATION OF ADAM L AIPSON. CHAIRM AN. FRANKLIN REGIONAL PL ANNING BOARD l

I, Adam B. Laipson, declare as follows:

1.

My name is Adam B. Laipson. I am the chainnan of the Franklin Regional Planning Board (FRPB). Our address is: Franklin Regional Planning Board,425 Main Street, Greenfield, MA 01301.

On May 2,1998, we filed a motion opposing Yankee Atomic Electric Company's 2.

(YAEC's) motion to strike our reply in the above captioned case.

Based on our understanding of the Nuclear Regulatory Commission (NRC) rules, 3.

we attached to that filing the Declaration of Jay DiPucchio as evidence in support of our arguments. In his declaration, Mr. DiPucchio sets forth the status of the recent vote of the l

Franklin Regional Council of Governments' (FRCOG's) two other branches reaffirming FRPB's actions to date before the NRC and this Panel.

My understanding of the May 2,1998, motion in opposition to YAEC's motion to 4.

strike was that it challenged YAEC's continued attempts to cast doubt upon my agency's right to appear before this Panel, it did so, in the attached declaration by providing more 5

D 1 2 3 M EEd ? 2I53

MAY-11-98 M O t4 02:10 P t1 FRCog P L H rit41 t 4 G 414 4 a4 4 1/p r.,.

of the same kind and type of evidence that was already before this Panel. The evidence was not new, merely cumulative. It was intended to show this panel that FRPB continues to be the proper and duly authorized agency to appear before this Panel that FRPB has represented itself to be in all ofits filings to date.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on this 1Ith day of May,1998 l

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W &edi"MgdCERTIFICATE OF SERVICE e EnG.'< ~**4dewi27 L l i hereby certify that copies of the within documents have been served on the following by'dspo 11,1998:

United States mail, first class, or by fax as indicated by asterisks, or bcth, on this day, May Thomas D. Murphy

• Ofr4 James P. Gleason, Chairman *

{ldt Atomic Safety and Licensing BoaMU M. '

Administrative Judge US Nuclear Regulatory CommisM Atomic Safety and Licensing Board US Nuclear Regulatory Commission Washington, DC 20555 FAX: 301415 5599 washington, DC 20555 FAX: 301-415 5599 Dr. Thomas Elleman*

Adjudicatory File (2)*

Atomic Safety and Licensing Board Atomic Safety and Licensing Board US Nuclear Regulatory Commission US Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 FAX: 919 782 7975 FAX: 301415-5599 f

Office of the Commission Appellate Adjudication Jonathan M. Block, Esquire' Main Street, P. O. Box 566 l

US Nuclear Regulatory Commission Washington, DC 20555 Pumey, VT 05346 FAX: 802-387 2667 Marian Zobler, Esquire' Thomas G. Dignan, Jr., Esquire

• Mr. R.K. Gad, III, Esquire Anne B. Hodgdon, Esquire Office of the General Counsel Ropes & Gray US Nuclear Regulatory Commission One International Place Boston, MA 02]10-2624 Washington, DC 20555 FAX; 301415-3725 FAX: 617 9517050 Office of the Secretary

• Debra Katz, President

• ATTN: Rulemaking and Adjudications Staff Citizens' AwarenessNetwork US Nuclear Regulatory Commission PO Box 3023 l

Charlem9nt, MA 01339 3023 Washington, DC 20555 FAX: 3014151672 FAX:4.p-339 _8768

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Adard B. e alpson 7

May 11,1998

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