ML20129D443

Order.* Commission Orders Yankee Atomic Electric Co Not to Undertake Decommissioning Activities Pending Further Order of Commission.W/Certificate of Svc.Served on 961009

ML20129D443
Person / Time
Site:	Yankee Rowe
Issue date:	10/09/1996
From:	Hoyle J NRC OFFICE OF THE SECRETARY (SECY)
To:	YANKEE ATOMIC ELECTRIC CO.
References
CON-#496-17977 DCOM, NUDOCS 9610250026
Download: ML20129D443 (4)

Text

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• DOCKGED US%C UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 36 KT -9 R2 24 COMMISSIONERS: ,,,,',..,.

GFr. o Shirley Ann Jackson, Chairman 00Ci ~

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Kenneth C. Rogers Greta J. Dieus Nils J. Diaz Edward McGaffigan, Jr.  ?

SERVED 0CT 9 E86

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In the Matter of )

)

YANKEE ATOMIC ELECTRIC COMPANY ) Docket No. 50-029-DCOM

) Decommissioning Plan (Yankee Nuclear Power Station) )

)

ORDER In a letter dated September 30, 1996, the Yankee Atomic Electric Company (YAEC) provided a " fourteen day notification" to the NRC staff of YAEC's intent to implement " additional minor decommissioning activities" at its Yankee Rowe facility. The

. Citizens Awareness Network and the,New England Coalition on .

Nuclear Pollution have filed with the Commission a " request for immediate injunction" against YAEC's proposed activities. The Commission hereby orders YAEC not to undertake those activities, pending further order of the Commission.

In CLI-96-6, 43 NRC 123 (1S96), the Commission issued a anA sponts decision declining to disturb NRC staff decisions under 10 C.F.R $ 2.206 finding permissible previous " minor" decommissioning activities. The Commission indicated, however, that it understood YAEC to contemplate no further minor activities. 43 NRC at 132. The Commission also stated that it 9610250026 961009 PDR ADOCK 05000029 C PDR "

0S02.

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" stands ready to call a halt to such activities" if necessary, because "an accumulation of ' minor' activities could so aviscerate the SAFSTOR option" that the ongoing Commission adjudication on Yankee Rowe's decommissioning might be rendered meaningless. Id., at 131-32.

The Yankee adjudication is not yet over. Last week (on October 2, 1996) the Commission issued a temporary housekeeping stay, pending its consideration of an expedited petition for review and its consideration of a motion for a full stay pending Commission review of the Licensing Board's recent decision (LBP-96-18, September 27, 1996) terminating the proceeding. The Commission intends to issue its decision on those matters as promptly as possible. In the meantime, we direct YAEC not to undertake the activities described in its September 30 letter,1 pending further order of the Commission.

It is so ORDERED.

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- a , S . i For the commission, hn C.fHoyle Secr ' ary of the Commission Dated this 9 g Rockville, Maryland day of October, 1996 1 As described in YAEC's September 30 letter, these activities aret removal of motor control center, removal of asbestos insulation in the RCA, removal of miscellaneous PAB components, removal of miscellaneous waste disposal building components, removal of waste hold-up and test tanks, and decontamination of the safety injection building concrete surfaces.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of YANKEE ATOMIC ELECTRIC COMPANY Docket No.(s) 50-029-DCOM (Yankee Nuclear Power Station)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing COMM ORDER RE YAEC 9/30 LTR...

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 i Office of Comission Appellate G. Paul Bo11werk III, Chairman Adjudication Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission Mail Stop - T-3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Comission Washington, DC 20555 Administrative Judge i Jerry R. Kline Administrative Judge ,

Atomic Safety and Licensing Board Thomas S. E11eman  !

Mail Stop - T-3 F23 704 Davidson Street U.S. Nuclear Regulatory Comission Raleigh, NC 27609 Washington, DC 20555

. Ann P. Hodgdon, Esq.

Eugene J. Holler, Esq. Diane Curran, Esq.

Office of the General Counsel Harmon, curran & Spielberg Mail Stop 15 B18 2001 S Street, N.W., Suite 430 U.S. Nuclear Regulatory Commission Washington, DC 20009 Washington, DC 20555 Thomas Dignan, Esq.

Robert K. Gad III, Esq. Jonathan M. Block, Esq.

Ropes & Gray Main Street, P.O. Box 566  !

One International Plaza Putney, VT 05346 j Boston, MA 02110 i

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• Docket No.(s)50-029-DCOM COMM ORDER RE YAEC 9/30 LTR...

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Leslie B. Greer, Asst Atty Gen John Stobierski, Chair Scott Harshbarger, Atty Gen Jay Dipecchio, County Administrator Department of the Attorney General Franklin County Commission Government Bureau - Trial Div.

Courthouse, 425 Main Street 200 Portland Street Greenfield, MA 01301 Boston, MA 02114 Dated at Rockville, Md. this -

9 day of October 1996 '?

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Office of the Secretary of the Commission I

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