ML20205E286

Memorandum & Order (Telephone Conference on 990331).* Orders That Responses by Intervenors & NRC Staff to Reconsideration Motion Are to Be Filed with ASLB by COB 990409.With Certificate of Svc.Served on 990401

ML20205E286
Person / Time
Site:	Yankee Rowe
Issue date:	04/01/1999
From:	Bechhoefer C Atomic Safety and Licensing Board Panel
To:	CITIZENS AWARENESS NETWORK, NEW ENGLAND COALITION ON NUCLEAR POLLUTION, YANKEE ATOMIC ELECTRIC CO.
References
CON-#299-20182 99-754-01-LA-R, 99-754-1-LA-R, LA-R, NUDOCS 9904050123
Download: ML20205E286 (5)

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00CKETED USHRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

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OFFC ATOMIC SAFETY AND LICENSING BOARD RUL. nJ ADJULN.X AFF Before Administrative Judges:

Charles.Bechhoefer, Chairman Dr. Thomas S. Elleman-Thomas D~ Murphy-h@ M - l g In the Matter of Docket No. 5 0- 02 9 -I A-R YANKEE ATOMIC ELECTRIC COMPANY ASLBP No. 99-754-01-LA-R (Yankee' Nuclear. Power Station)

License Termination Plan April 1, 1999 l

MEMORANDUM AND ORDER (Telechone Conference, 3/31/99)

On March 31, 1999, the Atomic Safety and Licensing Board conducted a transcribed telephone conference for the purpose of establishing schedules for the proceeding. Such a call had been referenced in the Prehearing Conference ,

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-Order that had accepted certain of the Intervenors' contentions in this proceeding. In addition, YAEC on March 29, 1999- had filed an " Objection to and Motion of Yankee

' Atomic Electric Ccmpany for Reconsideration of a Portion of Prehearing Conference Order" (Reconsideration Motion) in which it sought reconsideration.of one of the four contentions that we had admitted,.and we set schedules for responding to that motion, j l

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'Partic'ipating in the call, in addition to the three Administrative. Judges, were Thomho Dignan, Esq. and Robert Gad, Esq.,'for YAEC-(Licensee); Jonathan-M. Block, Esq., .for NECNP (Intervenor) ; Ms . Deborah .Katz, -for CAN ' (Intervenor) ;

Samuel Lovejoy, Esq., for the FRCOG1(interested governmental entity);LAnn'Hodgdon, Esq., Marian Zobler, Esq., accompanied

'by C' . L. Pittiglio, M. Fairtile, and M. Masnik, for the NRC Staff;. Lee S. Dewey, Esq.,-Counsel for the ASLBP; 'and (pursuant to a special. request, which we had granted) Mr.

'Richie Davis, a reporter for the Greenfield Recorder.

1. Responses'by Intervenors and the NRC Staff to the

' Reconsideration Motion are to be in our hands by close of business Friday, April 9, 1999.

2. Informal discovery may commence immediately, and formal discovery will extend from April 9, 1999 .hrough Friday, June 11, 1999. Discovery is only available with

-respect to contentions admitted by the Board. 10 C.F.R.

S 2.740 (b) (1) .

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3. The Staff's Environmental Assessment is scheduled to.be issued within the next few days, and the Safety Evaluation Report some time thereafter. To the extent that these. documents may generate new cententions, discovery on those' contentions will be set by a later order of this

. Board.

4. The Licensee expressly sought an opportunity to fil( Motions for Summary Disposition. At the present time, I

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and consistent with the guidance in the commission's recent

' Statement.ofLPolicy on Conduct of Adjudicatory Proceedings, CLI-98-12, 48 NRC 18-(July 28, 1998), the Board does not I

contemplate entertaining such motions. See 48'NRC at 20-21.

The Board advised ~that, following the completion of I

discovery, and taking into account various developments in l the proceeding, we would consider a motion by YAEC to 1 1

authorize such filings. f 1

5. . Prepared testimony is to be filed by Friday, September 10, 1999.

6. Based on the availability of various parties' representatives, the hearing is tentatively scheduled for ,

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-the'last week in September, 1999 (September 27--October 1, 1999)'.

7. The Board continues to encourage settlement of the i issues in dispute.that we have identified.

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It is so ORDERED. I For the Atomic Safety and  ;

Licensing Board )

Charles Bechhoefer, Whairman 1 I

ADMINISTRATIVE JUDGE Rockville, Maryland AprilE1, 1999 i 4

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of

. YANKEE ATOMIC ELECTRIC COMPANY Docket No.(s) 50-029-LA (Yankee Nuclear. Power Station)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB M&O (TELECON, 3/31/99) have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Administrative Judge Office of Commission Appellate Charles Bechhoefer, Chairman Adjudication Atomic Safety and Licensing Board Panel U.S. Nuclear' Regulatory Commission Mail Stop - T-3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge Thomas D. Murphy Administrative Judge Atomic Safety and Licensing Board Panel Thomas S. E11eman Mail stop - T-3 F23 7D4 Davidson Street U.S. Nuclear Regulatory Commission Raleigh, NC 27609 Washington, DC 20555 Ann P. Hodgdon, Esq. l Marian L. Zobler, Esq. Diane curran, Esq. i Office of the General Counsel Harmon, Curran, Spielberg {

Mail Stop 15 B58 & Eisenberg, L.L.P.  ;

U.S. Nuclear Regulatory Commission 1726 M Street, NW, Suite 600 l Washington, DC 20555 Washington, DC 20036 l Thomas- Dignan, Esq. Jonathan M. Block, Esq. ,

Ropes and Gray Main Street One International Place P.O. Box 566  !

Boston, MA 02110 Putney, VT 05346 i l

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4 Docket No.(s)50-029-LA LB M&O (TELECON, 3/31/99)

James L. Perkins, President Adam Laipson ,

New England Coalition on Franklin Regional Council Nuclear Pollution, Inc. of Governments P.O. Box 545 425 Main St.

Brattleboro, VT 05302 Greenfield, MA 01301 Samuel H. Lovejoy, Chairmar, FRPB Debrah B. Kstz, President Franklin Regional Council Citizens Awareness Network, Inc.

of Governments P.O. Box 3023 425 Main St. Charlemont, MA 01339 Greenfield, MA 01301 Dated at Rockville, Md. this 1 day of April 1999 ,

Office of the Secretary of the Commigfjon