ML20217R246

Citizens Awareness Network Support for New England Coalition on Nuclear Pollution,Inc Opposition to Yaec Motions to Strike & for Conditional Leave to Reply & Proposed Order Re Motions & Related Issues Before....* W/Certificate of Svc

ML20217R246
Person / Time
Site:	Yankee Rowe
Issue date:	05/11/1998
From:	Katz D CITIZENS AWARENESS NETWORK
To:	Atomic Safety and Licensing Board Panel
References
CON-#298-19051 98-736-01-LA, 98-736-1-LA, LA, NUDOCS 9805140225
Download: ML20217R246 (6)

Text

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. UNITED STATES OF AMERICA w MAY 11 All :01 NUCLEAR REGULATORY COMMISSION Before the OFF. 5W ,

,9 ATOMIC SAFETY AND LICCENSING BOARh,b 2 NF Administrative Law Panel:

James P. Gleason, Chainnan Dr. Thomas S. Elleman Thomas D. Murphy In the Matter of ) Docket No. 50 029.LA

) ASLBP No. 98-736-01-LA YANKEE ATOMIC ELECTRIC COMPANY )

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(Yankee Nuclear Power Station) ) i CITIZENS AWARENESS NETWORK'S SliPPORT FOR NEW ENGLAND COALITION ON NUCLEAR POLLUTION, INC.'S OPPOSITION TO YANKEE ATOMIC ELECTRIC COMPANY'S MOTIONS TO STRIKE AND FOR CONDITIONAL LEAVE TO REPLY. AND A PROPOSED ORDER RELATING TO THE MOTIONS AND RELATED ISSUES BEFORE THIS PANEL  :.

Citizens Awareness Network, Inc. (cat!) hereby enters its Support for New England Coalition on Nuclear Pollution, Inc.'s (NECNP's) Opposition to YAEC2s i inotions to strike and fe* conditional leave to reply (May 7,1998). CAN bases its support on the Declaration of Deborah B. Katz, president and pro se representative for CAN in this matter, attached hereto as Exhibit GA'. CAN incorporates by reference the facts and law contained in the attached declaration and the matters it incorporates. In lieu of an attached proposed fann of order, CAN incorporates NECNP's (Proposed) Order by reference.

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CAN urges the Atomic Safety and Licensing Board Panel (Panel) in this case {

i i to issue an order similar to the one proposed by NECNP, CAN takes the position, due to 1

l financial hardship, that the Panel should first issue its decision on petitioners' standing. j l

CAN contends that this Panel has all of the information it needs to make the decisio5 on standing. CAN understands the NRC rules to permit all of the filing made so far in this l

case except the filings which YAEC made to strike the replies. CAN contends that [

l YAEC's replies to the petitioners' replies contain nothing which YAEC did not already l p g

! get to place befme the Panel, In addition, YAEC also tries to get the Panel to consider -

t new legal arguments and theories with each ofits new filings. The Panel should put a l.

l_ stop to this costly and unnecessary motion pmetice by YAEC, l l l It would also be helpful to everyone involved if the Panel made its decis, ion l

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! on standing and issued a order like the one NECNP proposed. That way, if there is l going to be a hearing, we can all get on with the process in a way that will be fair,  !

I efficient, and economical. CAN supports NECNP's proposed order because it tries th  !

I make this process fair and efficient. With the same aim, N " cupports NECNP's i i

I I Opposition, and urges the Panel to make the decision on standing based on the I documents which it reasonably has before it under the NRC rules: the petitions, answers, '

l amended petitions, answers, and reply. Along with the standing decision, the Panel i should issue some guidelines ifwe arc all going to be permitted to go forward to a hearingin this case. I 6

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l l-CONCLUSION l NECNP's Opposition provides this Panel with adequate grounds in law and j fact to deny YAEC's pending motions in this maner. The (Proposed) Order NECNP,

! I provided to this Panel is consistent with the law and facts set forth in the Opposition and  ;. I supporting declaration. For the sake of economy and efficiency, this Panel should ispuc its ruFiis on canding and an appropriate Order on procedural matters in the event l

petit;cnm are found to have standing to go forward with presentation of contention fo this Panol. The (Proposed) Order of NECNP would be appropriate and helpful to all.! l parties in the event this Panel allows us to go forward..  !

l WHEREFORE, CAN respectfully requests that the reliefNECNP asked!for .

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in this matter be granted,' and the (Proposed) Order, or one containing such additional I relief as the Panel sees fit to add, be issued as an Order of this Panel along with its i i decision on the matter of petitioners' standing. l i >

Respectfully submitted: j l ,

' l Deborah B. Katz, pro se ,

for CAN l I

P.O. Box 3023 ,

Charlemont, MA 01339-3023  :

413-339-57R1  :

339.-8768 e '  !

May 11,1998  ;

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05/.t0/98' 21:16 FAI 4133398768 CAN Q$005 00CKE7ED USNRC i

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UNITED STATES OF AMERICA >

NUCLEARREGULATORY COMMISSIOlkg 04 yy Before the ADJUDCJifpj gh j

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ATOMIC SAFETY AND LICCENSING BOARD ,

Administrative Law Panch .

James P. Gleason Chairman -

Dr. Thomas S, Elleman Thomas D. Murphy  !

).

l l In the Matter of ) Docket No. 50-029-LA I

) ASLBP No. 98-736-01-ljA YANKEE ATOMIC ELECTRIC COMPANY )  ; i

) l l

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(Yankee Nuclear Power Station) ) May 11,1998 l l

! DECLARATION OF DEBORAH B. KAILPRESIDENT OF CITIZENS

! AWARENESS NETWORK _ INC. l I, Deborah B. Katz, declare the following to be true and correct:

1. My name is Deborah B. Katz. I am president of Citizens Awareness Network,Inc. 1 l (CAN), and I am representing CAN pro se in tlus matter.  ; j

2. I have reviewed the Declaration attached to the May 7,1998, filing with the Panel by the New England Coalition on Nuclear Pollution (NECNP).

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3. I completely agree with the Declaration ofJonathan M. Block, attorney for NECNP. , l CAN hereby adopts the facts and law contained in that declaration as our own in ,this l one. l l ,

4. CAN currently has little financial resources for participation in this matter. ,

5. CAN takes the position that the Panel in this case has enough information to ma e a I decision on standing for each of the petitioners.

6. CAN takes the position that it is economical for the Panel to make this decision now.

7. CAN also takes the position that itis important for the Panel, ifit decides to allo 3v petitioners to go forward in the hearing process, to issue procedural guidelines such l.

05<10/96 21:16 FAI 4133396766 CAN @ iT DOCKETED' USHRC l UNITED STATES OF AMERICA l

NUCLEARREGULATORY COMMISSid' MAY 11 All :04 Before the i i

ATOMIC SAFETY AND LICCENSING Q[,gij]fr ADJUDicen yrAFF l in the Matter of ) Docket No. 50-029-LA l

) ASLBP No. 98-736-01-LA I YANKEE ATOMIC ELECTRIC COMPAh"I )  :

)

(Yankee Nuclear Power Station) ) ,

Cenificate of Service -

L Deberah Katz, pro se representative of the Citizens Awareness Network Inc., do hereby certify under penalty of perjury that copies of the within documents have on thisiday //C ofgl.1998, been served pursuant to 10 CFR 2.701 upon the following persons:

l James P. Gleason, Chairman Thomas D. Murphy  !

Atomic Safety and Licensing Board Panel Atomic Sdety and Licensing Board Panel l U.S.N.R.C. U.S.N.R.C.  !

Washington, DC 20555 Washington, DC 20555 Dr. Thomas Elfman Thomas G. Dignan, Jr. And Robert K. Gad til ' j l

704 Davidson Street Ropes & Gray i ,

Raleigh, North Carolina OneIntemational Place ,  !

Boston, MA 02110-2624 I l

Jonathan M. Block. Attorney for Mr. Adam Laipson, Chairman NECNP Franklin Regional Planning Board ,

PO Box 566 425 Main Street Putney, Vennont Greenfeld, MA 01301

.l Ann B. Hodgdon, and Martin L. Zobler Offcc ofCommission Appellate Adjudication ',

Office of the General Counsel U.S. Nuclear Regulatory Commission i U.S. N.R.C. Washington, DC 20555 i

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Washington, .DC 20555  !

Office of the Secretary Adjudications File Rulemakings and Adjudications StalT Atomic Safety and Licensing Board Panel U.S. NRC USNRC Washington, DC 20555 Washington, DC 20555 t r <

i DRknth, pase for CAN O )

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05/10/99 21:16 FAX 4133398768 CAN @ 006 n

as those proposed by NECNP Such guidelines will insure fairness to_any and al1 parties, and will less the burden placed upon each and upon the Panel filing' s which just repeat the same argument. .

I declare under penalty of perjury that the foregoing is true and correct.

Executed on May 11,1998 '

. Deborah B. Katz (il pro se for CAN P.O. Bax 3023  !~

Charlemont,MA 01339-3023 413-339-5781 413-339-8768 (fax) l i

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