ML20206B713

NRC Staff Response to Letter from Necnp.* Recommends That Jm Block 990424 Request That Board Take Action Re EA Prepared in Connection with Staff Review of LTP Filed by Yaec Be Denied for Reasons Stated.With Certificate of Svc

ML20206B713
Person / Time
Site:	Yankee Rowe
Issue date:	04/27/1999
From:	Marian Zobler NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#299-20316 LA, NUDOCS 9904300041
Download: ML20206B713 (8)

Text

l-203/4 i

DOCKETED USTp"ril 27,1999 09 APR 29 All :32 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFF; BEFORE THE ATOMIC SAFETY AND LICENSINGNEARD

.?F In the Matter of

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YANKEE ATOMIC ELECTRIC COMPANY

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Docket No. 50-029-LA

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1 (Yankee Nuclear Power Station)

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NRC STAFF'S RESPONSE TO LETTER FROM NECNP 1

INTRODUCTION Pursuant to 10 C.F.R. I 2.730, the staff of the Nuclear Regulatory Commission (Staff) hereby responds to a letter from Jonathon M. Block, Attomey for New England Coalition on Nuclear l

Pollution (NECNP), dated April 24,1999 (letter). In the letter Mr. Block requests that the Board take certain actions with respect to the Environmental Assessment (EA) prepared in connection with the Staff's review of the License Termination Plan (LTP) filed by Yankee Atomic Electric Company (YAEC) for the Yankee Nuclear Power Station (YNPS). For the reasons set forth below, all of Mr. Block's requests should be denied.

BACKGROUND On April 1,1999, the Staffissued its EA in connection with its review of the LTP. Letter to Mr. Don K. Davis, Chairman, President, and CEO of Yankee Atomic Electric Company from Morton B. Fairtile, Senior Project Manager, Decommissioning Section, Office of Nuclear Reactor 3 Although he makes his requests in the form of a letter, inasmuch as Mr. Block requests relief, the Staff responds as ifit were a motion.

9904300041 990427 O}

PDR ADOCK 05000029 C

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• Regulation, U.S. Nuclear Regulatory Commission. A copy of this letter, without enclosure, is attached hereto. The EA was subsequently published in the Federal Register on April 12,1999.

Yankee Atomic Electric Company; Yankee Nuclear Power Station: Environmental Assessment and Finding ofNo Sigmficant Impact, 64 Fed. Reg. 17690 (1999). On April 24,1999, Mr. Block sent j

his letter.

DISCUSSION i

In his htter, Mr. Block asserts that he was not served with a copy of the EA by the Staff, but rather "recently acquired an internet posting of a Federal Register Notice of the EA." letter at 2.

As a result, Mr. Block requests that the Board direct the Staff to provide the parties to the proceeding with a copy of the EA. Id. Mr. Block further requests that in evaluating the admissibility of any late-filed contentions filed as a result of the EA, the Board should consider the date of receipt of the EA rather than publication date in the FederalRegister. Id. Mr. Block makes this same request on behalf of other organizations, including a Federal agency, who are not parties to this proceeding. See id.

Mr. Block's requests should be denied. As the April 1,1991 letter clearly indicates, Mr. Block was sent a copy of the EA. See April 1,1991 letter, Distribution List at 1. Moreover, I

the distribution list for the letter indicates that, among others, James L Perkins, President of i

NECNP, was sent a copy of the EA. The distribution list also indicates that the other party to this l

proceeding, Citizens Awareness Network,Inc. was provided a copy of the EA as was the Franklin l

Regional Council of Governments. Mr. Block should have received a copy of the EA soon after

' April 1,~ 1999. The timeliness of any late-filed contention based on the EA should, therefore, be

' judged on this fact.:

Mr. Block's request for additional time to file late intervention petitions on behalf of other organizations should be denied since it does not appear from his letter that he is authorized to represent these organizations. These organizations, as well as any other member of the public, had notice of the EA through the FederalRegister. Any late petitions to intervene based on the EA filed by these organizations should be evaluated in light of the April 12,1999 publication date.

CONCLUSION For the reasons set forth above, Mr. Block's requests regarding the EA published on April 12, 1999 should be denied.

Res tfully submitted, arian L Zobler Counsel for N taff Dated at Rockville, Maryland this 27th day of April,1999.

2 Even if Mr. Block did not receive the copy of the EA, he should have been aware of the EA no later than April 12,1999, the date the EA was published in the Federal Register.

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However, Mr. Block did not send the Letter until April 24,1999.

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.e UNITED STATES p

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NUCLEAR REGULATORY COMMISSION WASHINGTON. o,C. 3000H001 April.1, 1999 Mr. Don K. Davis, Chairman President and CEO Yankee Atomic Electric Company 580 Main Street Bolton, MA 01740 1398

SUBJECT:

ENVIRONMENTAL ASSESSMENT AND FINDING OF NO SIGNIFICANT IMPACT FOR THE LICENSE TERMINATION PLAN AT THE YANKEE

- NUCLEAR POWER STATION AT ROWE (TAC NO. M98878)

Enclosed please find the Environmental Assessment and Finding of No Significant impact related to the Yankee Atomic Electric Company request for approval of the License Termination Plan for the Yankee, Nuclear Power Station, submitted in your letters of May 15,1997, two letters of December 18,1997, and of January 23,1998.

This Environmental Assessment and Finding of No Significant impact is being forwarded to the Office of the Federal Register tor publication.

Sincerely,

'$t 4&lM [,

C Morton B. Fairtile, Senior Project Manager Decommissioning Section Project Directorate IV & Decommissioning Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No.50-029

Enclosure:

Environmental Assessment cc w/ enclosure:

See next page e

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s Mr. Don K. Davis Yankee Rowe Docket No.50-029 cc:

Thomas Dignan, Esq.

Mr. David Rodham, Director Ropes and Gray ATTN: Mr. James B. Muckerheide One International Place Massachusetts Civil Defense Agency Boston, MA 02110 2624 400 Worcester Road P.O. Box 1496 Mr. Donald A. Reid Framingham, MA 01701-03173 Site Manager and Manager of Operations Yankee Atomic Electric Company Chairman, Franklin County Council of 580 Main Street Governments. Attn. A. Laipson Bolton, MA 01740-1398 425 Main Street Greenfield, MA 03101 Regional Administrator, Region i j

U.S. Nuclear Regulatory Commission Diane Serenci, Region i 475 Allendale Road U.S. Nuclear Regulatory Commission King of Prussia, PA 19406 475 Allendale Road King of Prussia, PA 19406 J

Robert M. Hallisey, Director q

Radiation Control Program Ms. Leslie Greer Massachusetts Department of Public Assistant Attorney General Health Commonwealth of Massachusetts 305 South Street 200 Portland Street

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Boston, MA 02130 Boston, MA 02114

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Commissioner Richard P. Sedano Mr. John M. Oddo, P.E.

Vermont Department of Public Service Manager, Regulatory Affairs 120 State Street,3rd Floor Duke Engineering and Services, Inc.

Montpelier, VT 05602 580 Main Street Bolton, MA 01740-1398 James L. Perkins, President New England Coalition on Jonathan M. Block, Esq.

Nuclear Pollution, Inc.

Main Street P.O. Box 545 P.O. Box 566 Brattleboro, VT 05302 Putney, VT 05346 Sanuel H. Lovejoy, Chairman, FRPB Office of Commission Appellate Franklin Regional Council Adjudication of Governments U.S. Nuclear Regulatory Commission 425 Main Street Washington, DC 20555 Greenfield, MA 01301.

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e Mr. Don K. Davis Yarikee Rowe

.g Docket No.50-029 cc:

Page No. 2 Administrative Judge Thomas D, Murphy Atomic Safety and Licensing Boara Panel Mail Stop T 3 F23 U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Deborah B. Katz, President Citizens Awareness Network. inc.

P.O. Box 3023 Charlemont, MA 01339 Administrative Judge Charles Bechhoefer, Chairman Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 i ;

U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge Thomas S. Eheman 704 Davidson Street I

Raleigh, NC 27609 h

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6 DOCKETED UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING B[ARd Of R-In the Matter of

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YANKEE ATOMIC ELECTRIC COMPANY

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Docket No. 50-029-LA

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(Yankee Nuclear Power Station)

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CERTIFICATE OF SERVICE I hereby certify that copies of"NRC STAFF RESPONSE TO LETTER FROM NECNP" in the above-captioned proceeding have been served on the following via facsimile transmission with a conforming copy deposited in the Nuclear Regulatory Commission's internal mail system, or as indicated by an asterisk, via facsimile transmission with a conforming copy deposited in first-class mail, or as indicated by a double asterisk, by deposit in the NRC's internal mail system, I

this 27th day of April,1999:

Charles Bechhoefer, Chairman Dr. Thomas S. Elleman*

Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board Mail Stop T 3-F-23 704 Davidson Street U.S. Nuclear Regulatory Commission Raleigh, NC 27609 Washington, DC 20555 FAX:(919) 782-7975 Thomas D. Murphy Thomas G. Dignan, Jr.*

Administrative Judge R. K. Gad, HI Atomic Safety and Licensing Board Counsel for Licensee Mail Stop T 3-F-23 Ropes & Gray U.S. Nuclear Regulatory Commission One International Plaza Washington, DC 20555 Boston, MA 02110 FAX:(617) 951-7050

e Samuel H. Lovejoy*

Jonathan M. Block, Esq.*

Franklin Regional Council of Governments New England Coalition on Nealear 425 Main Street Pollution,Inc.

Greenfield, MA 01301 Main Street FAX:(413) 774-3169 P.O. Box 566 Putney, Vennont 05346-0566 FAX:(802) 387-2646 Atomic Safety and Licensing Board Deborah B. Katz, President

• Panel" Citizens Awareness Network,Inc.

Mail Stop T 3-F-23 P.O. Box 3023 U.S. Nuclear Regulatory Commission Charlemont, MA 01339-3023 Washington, DC 20555 FAX (413) 339-8768 Adjudicatory File (2)**

Office of the Commission Appellate Atomic Safety and Licensing Board Adjudication **

Mail Stop T 3-F-23 Mail Stop 016-C-1 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Office of the Secretary **

ATTN: Rulemaking and Adjudications Staff Mail Stop 016-C-1 U.S. Nuclear Regulatory Commission Washington, DC 20555 Marian L. Zob 7"

Counsel for Staff