ML20195D787

Declaration of Jm Block,Attorney,New England Coalition on Nuclear Pollution,Inc.* Informs That Necnp Has Incurred Listed Expenses & Generated Listed Attorney Hours in Course of Proceeding.With Certificate of Svc

ML20195D787
Person / Time
Site:	Yankee Rowe
Issue date:	06/07/1999
From:	Block J NEW ENGLAND COALITION ON NUCLEAR POLLUTION
To:
Shared Package
ML20195D684	List: ML20195D678 ML20195D708 ML20195D728 ML20195D787
References
CON-#299-20498 99-754-01-LA-R, 99-754-1-LA-R, LA-R, NUDOCS 9906100045
Download: ML20195D787 (16)

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! EXHIBIT 'B' UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the ATOMIC SAFETY AND LICENSING BOARD '

Administrative Judges:

Hon. Charles Bechhoefer, Chariman Dr. Thomas S. Elleman Hon. Thomas D. Murphy 4

In the Matter of Docket No. 50-029-LA-R YANKEE ATOMIC ELECTRIC COMPANY ASLBP No. 99-754-01-LA-R (Yankee Nuclear Power Station)

License Termination Plan June 5,1999 DECLARATION OF JONATHAN M. BLOCK. ATTORNEY.

NEW ENGLAND COALITION ON NUCLEAR POLLUTION. INC. INECNPI I, Jonathan M. Block, declare under penalty of perjury that the following is true:

1. My name is Jonathan M. Block. I am attorney for NECNP, one of the intervenors admitted into the above captioned proceeding.

2. I have practiced law since October 11,1991. i

3. I am admitted to practice before the United States Supreme Coun, the United States Couns of Appeal for the District of Columbia, First, Second, and Ninth Circuits, the Federal District Coun for the District of Vermont, and the Supreme Court and lesser couns of the State of Vermont. I have appeared pro hac vice before the United States District Coun for the District of Massachusetts and the Massachusetts Depanment of Public Utilities. I have also appeared before the United States Nuclear Regulatory Commission and the Federal Energy Regulatory Commission. I have appeared as a witness before the Oregon Energy Facilities Siting Council.

4. Since 1994, over 95 % of my practice has been devoted to nuclear regulatory law and related matters. 1

5. I have been involved in representing parties in the Yankee (Rowe) cases since 1994, and l l have represented NECNP in this matter since April 1998, assisted during an illness over the summer of 1998 by Attorney Diane Curran who appeared for NECNP filing Appeal and Reply briefs to the Commission on NECNP's standing in this matter.

I 9906100045 990607 9 DR ADOCK 05

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1 Declaration ofJonathan M. Block (June 7,1999) Pcge 2 of 4

6. In the course of this proceeding, to the best of my knowledge, NECNP has, at a minimum, incurred the following expenses and generated the following attorneys' hours:

Summary of Attorneys' Hours Costs and Expenses: Yankee LTP Case-NECNP 1998 HOURS EXPENSES April Preparing petition (pre-contentions) 54.61 $248.73  ;

Postage $ 52.62 Copying $ 101.55 Telephone $ 94.56 LEXIS $ 40.00 May to July 12 Post-filing conferences, motion practice 25.75 $293.60 Postage $ 22.55 Copying $ 39.23 Telephone $ 231.82 (DianeCurran taking over during my illness)

July Appeal Panel's dismissal for lack of Standing 58.58 $371.46 Postage $ 67.03 Copying $ 148.23  ;

PDR copies S 80.71 l Telephone / Fax $ 53.13 I LEXIS $ 21.93 i l

Transportation $ .43 (D.CuiTan)

August Reply Brief 12.75 $80.59 Postage $ 5.59 i Copying $ 22.80 ,

Telephone / Fax- $ 52.20 July 12-Aug. (J. Block--consults with D. Curran while ill proof-reading, editing brief, appeal) 5.25 (D. Curran) '

December Research/ Consultation on contention issues 3.00 Dec to Jan 13(J. Block) 79.25 $5172.84 4 Prepare contentions Postage $ 227.53 Copying $ 174.09 Telephone $ 195.39 PDR copies S 62.63 LEXIS $ 790.25 Expert $3722.75 (Dr. Marvin Resnikoff) l l

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Declaration ofJonathan M. Block (June 7,1999) . P:ge 3 of 4 Balances Forward 239.19 $6167.22 1999 HOURS EXPENSES January 14-31 (J. Block, prepare for pre-hrg, pre-hrg) 37.7 $1644.24 Postage $ 32.50 Copying $ 7.86 Telephone $ 124.46 PDR Copies $ 82.35 LEXIS $ 318.44 Expert $1078.63 Feb.-March 18 (J. Block, review transcript, opinion / order, conferences, consultations with clients) 14.00 $156.73 Hrg. transcript $ 118.22 Tape of hrg $ 25_.00 Copies $ 13.51 (litigation report to Board)

Mar.19-April (J. Block, opposition to motion to reconsider; reply brief; first round of discovery; letter to Panel on EA/FONSI) 66.80 $1055.76 Postage $159.57 L Copying $107.71 Telephone / Fax $122.67 Paralegal ass't $ 62.50 Expert consult $203.31 LEXIS research $400.00 May (J. Block, consults with experts, prep materials and ship to expens, research at Mass DEQ, new contentions; client consults, consult with expens) 47.85 $2746.07 Postage $ 276.54 Copying $ 139.92 Telephone / FAX $ 203.11 LEXIS $ 265.00 Experts $1860.00 Parking $ 1.50 June (J. Block, Opposition; Motion re Dismissal) 37.00 $470.00 Postage $140.00 (estimated)

Copying $ 35.00(estimated)

Telephone $ 95.00(estimated)

LEXIS $200.00 BALANCE OF HOURS & EXPENSES TO DATE 442.54 $12,240.00 I

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&clamHon ofJonathan M. Block Gune 7,1999)

! 8. The total cost to New England Coalition of expenses and attorneys' fees at $100 per hour as set forth above is $56,494.00 DATED: This 7* day ofJune,1999.

M A M /r A (onathan M. Block 94 Main Street P.O. Box 566 Putney, VT 05346-0566 802-387-2646 I

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Enistgament'(Intorrogstories)

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Extap ' c '

Q p- - From: Robert K. Gad III <RGAD@ROPESGRAY.COM>

E . To:Jonb@sover. net <Jonb@sover. net > -

Subject:

Enlargement (Interrogatories) .

- Date: Friday, April 23,1999 3:17 PM This.will acknowledge and thank you for assent to Yankee's have an extraweek,if need

. be, to respond to the Ints and Docs that were received earlier this week. I don't intend to

. use all of that time ifit is not necessary.

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Page.1-

Confirmation of Discovsry Agrstm:nt (1) 1

,. i From:Jon Block <jonb@sover. net >

To: Robert K. Gid III <RGAD@ROPESGRAY.COM>

Cc: deb katz <can@shaysnet.com>

Subject:

Confirmation of discovery agreement 6

.Date: Wednesday, May 05,1999 9:22 AM Bob--

By this message, I confirm our agreement (yours, mine, Debby Katz) what you will provide answer to my (NECNP's) first round ofinterrogatories and requests to produce.

Once these are provided (in the near future),

CAN and NECNP will frame a joint second set of interrogatories and requests to produce.

This first set shall be treated as the first joint request for discovery. ,

I Regards, Jon Block for NECNP f -

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8 Discovary extznsion (2)

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From:Jon Block <jonb@sover. net >-

7 To: Robert K. Gad III <RGAD@ROFESGRAY.COM>

' Cc: Debby Katz <can@shaysnet.com>

Subject:

Discovery extension etc.

Date: Thursday, May 13,1999 4:44 PM ]

j. c Bob-Debby said sure, as long as  !

you agree to extend our discovery _ {

- period by two more weeks or whatever  !

it takes. Debby is keenly interested )

in MARSIM training as I am. Perhaps i

if YAECwanted to get the three of  !

us trained it'would afford an opportunity to discuss the kinds of changes to the LTP and FSSP that could make the two intervenors feel that the whole plan is adequate.

, Anyhow, do keep us posted, and be sure to let us know you ETA for the ,

discovery materials. We will need to i i

get some kind of stipulation in front of the Board to have discovery extended.

1 Regards, Jonathan l

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'*~ R3 Discovery cxtsnsion (1)-

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Frorn

Robert K. Gad III <RGAD@ROPESGRAY.COM>

To: jonb@sover. net <jonb@sover. net >.

L. Subject Re: Discovery extension etc.-

. Date: Thursday, May 13,1999 5:03 PM l

j. You will be the second to know. Thanks to both.

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e From

Robert K. Gad lll <RGAD@ROPESGRAY COM>

To: - Jonb@sover. net <Jonb@sover. net >

Date: - Wednesday, May 26,1999 2:43 PM

Subject:

Board Notice I should have gotten to you earlier, but by now you should have received a faxed Board Notification.

Bottom line is that it will take a long time to figure out just how much change is necessary to effect the MARSSIM election, most likely will involve a complete 'Yrom scratch" new plan, and we didn't think it feasible (or fair) to try to hold everyone to l

continuing the proceeding about stuff that may or may not survive as material. '

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'6/5/99 .

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the ATOMIC SAFETY AND LICENSING BOARD Administrative Judges:

Charles Bechhoefer, Chariman Dr. Thomas S. Elleman Thomas D. Murphy In the Matter of Docket No. 50-029-LA-R YANKEE ATOMIC ELECTRIC COMPANY (Yankee Nuclear Power Station) ASLBP No. 99-754-01-LA-R License Termination Plan (PROPOSED) FINDINGS AND ORDER Having considered the motions before this Panel and the facts known to us through submissions of the parties, pursuant to 10 C.F.R. 2.107(a), we fmd:

1. YAEC's withdrawal of the LTP was untimely and could have been avoided. YAEC had the MARSIM protocols available to it prior to submitting its Revision 1 to the LTP, yet waited for eighteen (18) months to withdraw the plan for revisions using MARSIM.

2. YAEC's decision to withdraw the plan came after receiving the Intervenors' discovery requests and a second set of contentions related to inadequacies in the NRC Staff's EA/FONSI on the LTP, YAEC's inadequate Environmental Report, and an hydrogeological expert's evaluation of numerous r

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weakness, errors, and serious anomalies in YAEC's hydrogeological characterization of Yankee Rowe site contamination.. Rather than providing any discovery material or responding to the Intervenors' new contentions, YAEC

chose to withdraw the entire application.

3. YAEC's decision, coupled with its statement that it will make major revisions to the plan and not submit a revised LTP for at least 10 years could have been made prior to the Notice of Hearing in this matter. Moreover, given the existence of an extant LTP YAEC had already revised, YAEC's decision to defer filing _ for' an~ entire decade is plainly an attempt tolavoid both this Panel's

' jurisdiction of the matter and responding t'o the Intervenors' legitimate and serious issues raised in the course of the pre-hearing, discovery, and its new contentions.

FErther, YAEC's actions in this matter also deprive an interested local public, as well as county government and federal agency representatives ofinformation and, significantly, reassurances concerning ~ Yankee Rowe site contamination, they hoped to obtain in the course of this proceeding.

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4. _ Yankee Atomic 4 Electric Company's withdrawal of its License Termination Plan after this Panel issuance of a Notice of Hearing on April 12,'

1999, also prejudices the Intervenors' interests in this proceeding, in the following ways: ,

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a. Intervenors incurred substantial expenses pursuing this matter, in particular, CAN incurred $3, 363.00, NECNP incurred $12,346.000

b. Intervenor NECNP incurred reasonable attorneys fees at

$100.00 per hour for 458 hours0.0053 days <br />0.127 hours <br />7.572751e-4 weeks <br />1.74269e-4 months <br />;

c. Intervenors have not received answers to any of their discovery requests, responses to which would provide needed public reassurance concerning what YAEC knows about the nature and extent of contamination at the 1 I

Yankee Nuclear Power Station site in Rowe, Massachusetts;

d. It is highly urdikely that any of the preparation that the intervenors have undertaken will be useful in a resubmitted LTP proceeding held sometime in the next decade;

e. It is highly unlikely that any of the preparation undertaken by intervenors' experts will be useful whenever in the next decade YAEC submits its next LTP;

f. Intervenors' experts had to review over a thousand pages of documents to prepare for their declarations in this case; it is likely that whenever in the next decade the LTP is submitted, there will be much new, additional information for the intervenors' experts to review in order to prepare for filing contentions.

THEREFOR, ITIS HEREBY ORDERED AND ADJUDGED THAT

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YAEC's Motion to Terminate will be granted under the following conditions:

1. Within 30 days of the issuance of this Order, YAEC will pay CAN

$3,363.00 for expenses incurred in this matter' J

2. Within'30 days of the issuance of this Order, YAEC will pay NECNP $12,240.00 for expenses incurred in this maner;

3. Within' 30. days of the issuance of this Order, YAEC will pay NECNP $44,254.00 for attorneys' fees;

4. .Within.30 days of the issuance of this Order, YAEC will provide answers to the interrogatories which NENCP served upon it on behalf of the Intervenors;

' 5. Within 50 days of the issuance of this Order, YAEC will provide all documents which NECNP requested of YAEC in the request to . produce documents served upon it for the Intervenors.

'6. YAEC shall provide copies of its answers to interrogatories and requested documents to CAN, NECNP, their designated experts, and the NRC Staff, and shall place copies of the same material in the Local Public Document Room at the Greenfield Community College, Greenfield, Massachusetts.

7. Within a reasonable period of time, allowing for scientific

- testing, YAEC shall take steps to address each of the issues raised in the Ross

. declaration. YAEC shall, upon completion ofits studies, appraise the Intervenors )

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>1 and the public of the efforts and results taken in this regard, and to provide the Intervenors and the Public Document Room at Greenfield Community College I

with copies of the scientific and technical repons that evidence YAEC's taking adequate steps to remedy the problems Mr. Ross described.

7. Within ten (10) days following the receipt of the requested discovery documents, the Intervenors shall file a Board Notification concerning the status of the conditions in this Order and serve it upon the panies.

8. If the Intervenors' Board Notification states that the Panel's Order

.has been carried out, the Panel will issue a Final Order of dismissal without prejudice in this matter, which Order shall become final thirty (30) days after issuance.

9. If the Board Notification states that YAEC has not met the conditions set forth in this Order, the Board will convene a status conference forthwith to ascertain the nature of the problem and set a date certain for remedy.

SO ORDERED, This day of ,1999.

Charles Bechhoefer, Chairman I

Dr. Thomas S. Elleman Thomas Murphy cc: Service List

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DOCKETED USHRC UNITED STATES OF AMERICA NUCLEARREGULATORY COMMISSIGN JUN -8 P3 :12 Before the I

ATOMIC SAFETY AND LICENSING gp RUit .i ,_

Administrative Judges: ADJUi; cr Hon. Charles Bechhoefer, Chairman Dr. Thomas S Elleman Hon. Thomas D. Murphy 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 Served: June 7,1999 CERTIFICATE OF SERVICE FOR INTERVENORS' OPPOSITION TO YANKEE ATOMIC ELECTRIC COMPANY'S MOTION TO TERMINATE I, Jonathan M. Block, counsel for New England Coalition on Nuclear Pollution, Inc., and representing the consolidated intervenors per order of the Panel in this case, certify that on this 7th day of June,1999, copies of the above titled document were served upon the parties below by mailing them U.P.S. overnight mail, pre-paid (except for parties and others denoted by '*' who were served First Class mail, postage pre paid, at their request):

Original and two copies to: One copy to:

Rulemakings and Adjudications Staff Office of Commission AppellateAdjudication (Mail Stop 0-16-Cl) (Mail Stop 0-16-Cl)

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission 1 White Flint Nonh I White Flint Nonh 11555 Rockville Pike 11555 Rockville Pike Rockville, MD 20852-2738 Rockville, MD 20852-2738 One copy to: One copy to:

Thomas G. Dignan, Jr., Esq. Deborah B. Katz, President Ropes & Gray . Citizens Awareness Network, Inc.

One International Place . P.O. Box 3023 Boston, MA 02110-2624 Charlemont, MA 01339-3023 l

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Certificate ofServicefor ConsolidatedIntervenors Opposition to YAEC'sMotion to Terminate Page 2 Docket no. 50 029-LA; ASLBP No.99-754 01-LA-R One copy each to:

., One copy to:

. Atomic Safety and Licensing Board Dr. Thomas S. Elleman, Judge, Charles Bechhoefer, Chairman, and Atomic Safety and Licensing Board Thomas Murphy, Administrative Judge 704 Davidson Street-(Mail Stop T-3 F23) Raleigh, NC 27609 i U.S. Nuclear Regulatory Commission l 2 White Flint North - One conv to:

11545 Rockville Pike SamuelLovejoy,* Chairman .

Rockville, MD 20852-2738 F.R.C.O.G. Planning Board J 425 Main Street I Greenfield, MA 01301 One copy to: .

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Ann P. Hodgdon, Esq. and Marian L. Zobler, Esq. l Office of General Counsel Mail Stop 0-15-B18 ,

United States Nuclear Regulatory Commission '

1 White Flint North 11555 Rockville Pike Rockville, MD 20852-2738 M ~

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Jointhan M. Block, Counsel for NECNP and Attorney for consolidated Intervenors i

The following persons were served the above referenced materials as a courtesv:  !

' David Rothstein, Esq.*

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

Diane Curran, Esq.* I Harmon, Curran, Spielberg'& Eisenberg

- 1726 M Street, NW, Suite 600 Washington, D.C. 20036 DATED: June 7.1999 i

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