ML20196B162

Response of Yankee Atomic Electric Company to LBP-99-22.* Informs That Board Should Enter an Order Terminating Proceeding,Without Prejudice & Without Conditions. with Certificate of Svc

ML20196B162
Person / Time
Site:	Yankee Rowe
Issue date:	06/17/1999
From:	Dignan T ROPES & GRAY, YANKEE ATOMIC ELECTRIC CO.
To:	Atomic Safety and Licensing Board Panel
References
CON-#299-20557 LA-R, LB(-99-22, LBP-99-22, NUDOCS 9906230104
Download: ML20196B162 (4)

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United States of America Nuclear Regulatory Commission 3 JUN 22 P4 :14 before the Atomic Safety and Licensing Board Omc HJ.

ADA In the Matter'of YANKEE ATOMIC ELECTRIC COMPANY l '(Yankee Nuclear Power Station)'

RESPONSE OF YANKEE ATOMIC ELECTRIC COMPANY TO LBP-99 22 1 i Yankee Atomic Electric Company (" Yankee") responds, as directed, to this Board's

" MEMORANDUM AND ORDER (Requesting Replies to NECNP Response to Termina-tion Motion)" as follows:

1. Though nothing turns on the point, Yankee wishes to clarify some confusion that it may have engendered. This Board observes that "on May 26,1999, YAEC filed another Board Notification with the Commission (with copies to this Board and the panies) . . . ." LBP-99 22 at 3. Actually, both Board Notifications were intended to be submitted to this Board, with a copy to the Commission, though we are now aware that by virtue of an error on the draftsman's part, a " Commission" caption rather than a " Board" caption was employed. In point of fact, the motion under 5 2.107 was filed with this Board, and Yankee intends (and intended) and expects that this Board will rule upon it (subject to such review and supervision as the Commission may deem appropriate). Yankee's June 7,1999, filing (to the Commission) opposed (and

. addressed) only NECNP's request that the' Commission dismiss the appeal "with

' prejudice."

2. .On Monday (June 14, 1999), Yankee filed a " Motion of Yankee Atomic l-Electric Company for Leave to Respond to Intervenors' ' Opposition to . . . Motion to Terminate [Etc.],'" prior to its receipt of LBP-99-22. By the same token, we believe that LBP-99-22 was issued before the Board received our filing. Yankee believes that 9906230104 990617 POR ADOCK 05000029 C PDR Og

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its June 14,1999, filing constitutes the response that LBP-99-22 seeks, and that it sets forth the legal and prudential reasons why this Board should enter the customary order terminating this proceeding without prejudice and without conditions.

3. In three respects, this Board appears to have solicited a " reply" and "com-ments" that are not appropriate: i l

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a. As Yankee's June 7,1999, filing was a response to a motion submitted by the Intervenors to the Commission (seeking dismissal ofthe appeal with prejudice), i it is now suhjudice the Commission. Yankee respectfully submits that this ll Board should not solicit responses to a response filed with the Commission i to a motion made to the Conimission for Commission action and upon I

which the Commission has not yet ruled. See LBP 99 22 at 6.

b. In connection with Yankee's June 7,1999, filing (which contended that the Commission should dismiss the pending appeal as moot and not "with prejudice"), this Board appears to invite the parties to comment on "the viability of the current accepted contentions in a future proceeding involving a different LTP." LBP 99-22 at 6. Frankly, Yankee does not see how a dismissal or the nature of a dismissal of the pending appeal could have the hypothesized effect, and offers no comment thereon; and in particular, Yankee respectfully submits that this Board should abjure offering any ruling or speculation about the admissibility of contentions in a future proceeding on some different application.

c. The Board appears to have invited comments on the effect of a dismissal of this proceeding "concerning NECNP's and CAN's standing to participate, particularly with respect to a proceeding involving a future LTP submitted by or on behalf of YAEC." LBP-99-22 at 6 (emphasis in the original). l l

Whether NECNP or CAN, or any other person, for that matter, can or does demonstrate standing to participate in any future proceeding will depend upon the nature of that proceeding, the then-current state of the law on standing, and the nature of the submission made by the putative participant 2

at the time. Yankee respectfully submits that it would be inappropriate for this Board to issue any ruling or observation with respect to future filings in future proceedings.

Conclusion For the foregoing reasons and those set forth in Yankee's June 14, 1999, filing with this Board, the Board should enter an order terminating this proceeding, without prejudice and without conditions.

Res ectfully submitted, Thomas G. Dig n,Jr.

R. K. Gad m Ropes & Gray One International Place Boston, Massachusetts 02110 (617) 951-7000 Attorneysfor Yankee Atomic Electric Company Dated: June 17,1999.

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i:CEltTNICATE CFf5sdvscEl:

I, Robert K. Gad m, one of the attorneys for Yankee Atomic Electric Company, d[i ,hC 1

certify that on June 17,1999, I served the within pleading in this matter by United States hfail '(a'nd also where indicated by an asterisk, by facsimile transmission) as follows:

(Commission:# fC E7!SJIE22Q4;;] j OU.

Rts ADE -

? Licensing Bonni;*

The Hon. Charles Bechhoefer +* The Hon. Thomas D. Murphy **

Administrative Judge Administrative Judge Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S.N.R.C. U.S.N.R.C.

Washington, D.C. 20555 Washington, D.C. 20555 l FAX: 301-415-5599 FAX: 301-415-5599 The Hon. Dr. Thomas S. Elleman +*

Administrative Judge 704 Davidson Street Raleigh, North Carolina 27609 FAX: 919 782-7975 99 &

Jonathan M. Block, Esquire ** Ms. Deborah B. Katz **

Post Office Box 566 Citizens Awareness Network,Inc.

Putney, VT 05346 Post Office Box 3023 ,

Fax: 802-387-2667 Charlemont, MA 01339 j Atrorneyfor NECNP Fax: 413-339-8768 i On BehalfofCAN Ann P. Hodgdon, Esquire ** Mr. Samuel H. Imvejoy **

Marian L Zobler, Esquire c/o Franklin Regional Council of Governments Office of the General Counsel 425 Main Street l U. S. Nuclear Regulatory Commission Greenfield, hM 01301 Washington, D.C. 20555 Fax: 413-774-3169 FAX: 301-415-3725 On BehalfofERCOG Attorneysfor the NRCStaff Oderr Office of Commission Appellate Adjudication Office of the Secretary **

U. S. Nuclear Regulatory Commission WS: Nuclear' Regulatory Commission Washington, D.C. 20555 [ ashington, D. g55 X: 301-4 67f) *4 N

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R. K. Gad m

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