ML20195C930

Motion in Support of Yankee Atomic Electric Co Motion for Dismissal of Appeal.* Commission Should Immediately Grant Yankee Atomic Electric Co Motion to Dismiss Pending Appeal & Dismiss Appeal with Prejudice.With Certificate of Svc

ML20195C930
Person / Time
Site:	Yankee Rowe
Issue date:	06/05/1999
From:	Block J CITIZENS AWARENESS NETWORK, NEW ENGLAND COALITION ON NUCLEAR POLLUTION
To:	NRC COMMISSION (OCM)
References
CON-#299-20487 LA-R, NUDOCS 9906090034
Download: ML20195C930 (3)

Text

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f. DOCKETED USi!RC UNITED STATES OF AMERICA Before the NUCLEAR REGULATORY COMMISSION W JUN -7 PS :00 CO ~

1 Ru_  ;

AD " O In the Matter of Docket No. 50-629-LA-R '

YANKEE ATOMIC ELECTRIC COMPANY (Yankee Nuclear Power Station) >

License Termination Plan June 5,1999 MOTION IN SUPPORT OF YANKEE ATOMIC ELECTRIC COMPANY'S MOTION FOR DISMISSAL OF APPEAL Pursuant to 10 C.F.R. 2.730, Intervenors in the above proceeding join Yankee Atomic Electric Company's [YAEC's] motion for dismissal ofits appeal to the Commission, and request that such dismissal be forthwith and with prejudice.

l 1. On May 26,1999,14 ax, f YAEC filed with both the Commission and the l

Atomic Safety and Licensing Board Panel a filing entitled " Board Notification (Withdrawal of Application) and Motion to Terminate Proceeding and Dismiss Appeal."

2. Pursuant to 10 C.F.R. 2.107, the issue of conditions for permission to withdraw the application is pending before the Atomic Safety and Licensing Board.

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3. Under 10 C.F.R. % 2.107, the proper person to whom to address most of the j issues in YAEC's motion is the Presiding Officer of the Panel in the Atomic Safety and Licensing Board case, before which the withdrawal request is pending. In effect, YAEC's J filing took three actions: (1) Board Notification of its withdrawal of the application to i

terminate the license, (2) Motion to Terminate the Proceeding addressed to the presiding )

officer of the Atomic Safety and Licensing Board Panel, and (3) Motion to Dismiss Appeal.

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2 e-I The last, Intervenors contend, YAEC should have separately addressed to the Commission without noticing the Commission of a matter pending under 10 C.F.R. 2.107(a).

4. By a'ddressing the entire matter to the Commission, YAEC has improperly placed a matter ultimately subject to appeal ( the 10 C.F.R. 2.107(a) decision ) before the adjudicators of such an appeal. Moreover, it hr.s 'done so while the appellate adjudicators have jurisdiction over a related matter (YAEC's appeal of the entire ASLB proceeding), a matter which raises issues that may be material to the adjudication of the Motion to Dismiss.

~ In particular, YAEC's joint filing to the Panel and Commission places the Commission in 1

the position of being put on notice of the opportunity to use the decision on YAEC's appeal to overtum the Panel's decision on any conditions to be imposed for withdrawal. l

5. Under these circumstances, Intervenors urge the Commission to avoid the appearance of impropriety by dismissing YAEC's appeal forthwith. 'Ihis leaves the Panel

. with matters Commission regulations place within its jurisdiction. .d0 C.F.R. 2.107(a)

Wherefore, the Commission should immediately grant YAEC's Motion to Dismiss its pending appeal, and dismiss the appeal with prejudice.

Respectfully submittedi NEW ENGIAND COALITION ON NUCLEAR POLLUTION, INC.

CITIZENS AWARENESS NETWORK,INC.

. M

/ Jonathan M. Block l Attorney at Law 94 Main Street P.O. Box 566 Putney, VT 05346-0566

cc: Service List (802) 387-2646

DOCKEIED Certificate of Service USNRC I, Jonathan M. Block, attorney for New England Coalition on Nuclear Pollution [NECNP], do hereby certify that en June 5,1999, I served the within motion upon parties (areptheg(ndfpat(try~ @

'*' by First Class mail only) in this matter by First Class United States Mail (priority) and fax transmission as follows:

O[.p s -  ; cr

~, .

Hon. Charles Bechhcefer, Chairman The Hon. Thomas by

' 'y Administrative Judge Administrative Jud 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 l FAX: (301) 415-5599 FAX: (301) 415-5599 Hon. Dr. Thomas Elleman Ms. Deborah B. Katz Administrative Judge Citizens AwarenessNetwork,Inc.

704 Davidson Street P.O. Box 3023 Raleigh, NC 27609 Charlemont, MA 01339-3023

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FAX:(919) 782-7975 FAX: (413) 339-8768 l Robert K. Gad III, Esq. and Mr. Samuel Lovejoy, Chrm. Planning Board Thomas G. Dignan, Jr., Esq. Franklin Regional Council of Governments Ropes & Gray 425 Mair. Street j

.One International Place Greenfield, MA 01301 j Boston, MA 02110-2624 FAX: (413) 774-3169 I FAX: (617) 951-7050 1 i

Ann P. Hodgdon, Esq. Office of the Secretary & Chrm. Jackson, '

Marian L. Zobler, Esq. Comrs. Diaz, Dicus, McGaffigan & Merrifield Office ofGeneral Counsel Rulemakings & Adjudications U.S. NRC U.S. NRC  ;

Washington, D.C. 20555 Washington, D.C. 20555 l FAX:

(301)415g FAX (301)-415-1672 Office of Commission Diane Curran, Esq.*

Appellate Adjudication Harmon, Curren, Spielberg & Eisenberg U.S. NRC 1726 M Street, NW, Suite 600 Washington, D.C. 20555 Washington, D.C. 20036 FAX (301) 415-1672 David Rothstein, Esq.*

U.S. EPA Region i Suite 1100-RCA 1 Congress Street Boston, MA 02114-2023 y '

Monathan M. Block Attorney for NECNP