ML20217R183

NRC Staff Response to Yankee Atomic Electric Co Motion to Strike Unauthorized Pleadings.* Staff Supports Licensee Motions to Strike Unauthorized Replies.W/Certificate of Svc

ML20217R183
Person / Time
Site:	Yankee Rowe
Issue date:	05/12/1998
From:	Hodgdon A, Marian Zobler NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#298-19068 LA, NUDOCS 9805140182
Download: ML20217R183 (5)

Text

,

/9067 00CKETED

/ USHRGiay 12,1998

'96 MAY 13 P4 :40  ;

OFFKz 7 O l UNITED STATES OF AMERICA A i r' NUCLEAR REGULATORY COMMISSION l -

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

YANKEE ATOMIC ELECTRIC COMPANY ) DocketNo. 50-029-LA

)

(Yankee Nuclear Power Station) )

NRC STAFF'S RESPONSE TO YANKEE ATOMIC ELECTRIC COMPANY'S MOTIONS TO STRIKE UNAUTHORI7FD PT FADINGS l

Pursuant to 10 C.F.R. { 2.730, the staffof the Nuclear Regulatory Commission (Staff) hereby 4

responds to " Motion of Yankee Atomic Electric Company To Strike Unauthorized Planning Board Pleading," dated April 30,1998, and " Motion Of Yankee Atomic Electric Company to Strike Unauthorized NECNP Pleading," dated May 1,1998. For the reason set forth below, the Staff supports both motions.

In response to a notice in the Federal Register, the Commission received four letters requesting hearings regarding the License Termination Plan for the Yankee Nuclear Power Station.'

1 These letters were from New England Coalition on Nuclear Pollution, Citizens Awarenes l Network, Nuclear Information and Resource Service, and the Franklin Regional Planning Board.

See Letter to the Secretary of the Commission from the New England Coalition on Nuclear Pollution, February 24,1998; Letter to Chairman Shirley A. Jackson from Citizens Awareness Network, February 26,1998; Letter to the Office of the Secretary from Nuclear Information and l

Resource Service, February 27,1998; and Letter to the Office of the Secretary from Franklin l

Regional Planning Board, February 27,1998.

1 9805140182 980512 l

gDR ADOCK 0500 9 g

^/ The Staff and Yankee Atomic Electric Company (YAEC) filed responses to these letters.2 On March 25,1998, the Atomic Safety and Licensing Board (Board) designated in the above-captioned j proceeding issued a Memorandum and Order directing that any petitioner intending to amend its petition should file such amendmentwithin seven days of the receipt of the Order. Order at 1. The 1 I

Board further provided YAEC and the Staff with five days after receipt of any amendment to file a response. Id. at 2.

On April 6, 1998, amended petitions were filed by the New England Coalition on Nuclear

, Pollution (NECNP)and the Franklin Regional Planning Board (FRPB). "New England Coalition i

on Nuclear Pollution,Inc., Amended Petition to Intervene in License Amendment Proceeding for l the Yankee Nuclear Power Station License Termination Plan"; " Amendment to Franklin Regional i

Planning Board's Request for Hearing." In accordance with the Board's Order, the Staffand YAEC l

filed their responses to these =nended petitions. " Response of Yankee Atomic Electric Company to Amendmentsto Petitions to Intervene," April 13,1998;"NRC Staff's Response to Amendment to Franklin Regional Planning Board's Request for Hearing," April 14,1998; "NRC Staff's Response to New England Coalition on Nuclear Pollution's Amended Petition to Intervene,"

l l April 17,1998.

! On April 28,1998, FRPB and NECNP filed replies to the Staff's and YAEC's responses.

i

" Franklin Regional Planning Board's Reply to Yankee Atomic Electric Company's and NRC StafI's

~

2

( "NRC Staff's Response to Requests for Hearing," March 16,1998; "Answerto Petition l to Intervene and Request for Hearing of Franklin Regional Planning Board," March 11,1998;

" Answer to Petition and Request for Hearing of New England Coalition on Nuclear Pollation,Inc.,"

March 11,1998;" Answer to Petition to Intervene and Request for Hearing ofNuclear Information and Resource Service," March 11,1998;" Answer to Petition to Intervene and Request for Hearing of Citizens Awareness Network, Inc.," March 11,1998.

l

/

4 Answers to Franklin Regional Planning Board's Amendment"; " Reply of New England Coalition on Nuclear PollutionInc., to Yankee Atomic Electric Company's and the NRC Staff's Answers to Amended Petitions."

Neither the Commission's regulations nor the Board's Order authorizes the filing of replies to the Staff's and YAEC's responses to the amended petitions. Accordingly, the Staff supports YAEC's motions to strike the unauthorized replies.

Respectfully submitted, j y foc$.c.bak, Ann P. ' Hodgdon G Counsel for NRC Seiff

'hiitrian L. Zoiler Counsel for NRC Staff Dated at Rockville, Maryland this 12th day of May,1998

4 UNITED STATES OF AMERICA DOC E ED U C NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOMUtiAY 13 P 4 :40 OFFU OF SECR : {Y In the Matter of ) RULEVM"rJ. m

) ADJUDCAILM STAFF YANKEE ATOMIC ELECTRIC COMPANY ) DocketNo. 50-029-LA

) l (Yankee Nuclear Power Plant) )

CERTIFICATE OF SERVICE I hereby certify that copies of " NRC STAFF'S RESPONSE TO YANKEE ATOMIC ELECTRIC COMPANY'S MOTIONS TO STRIKE UNAUTHORIZED PLEADINGS" in the above-captioned proceeding have been served on the following through deposit in the Nuclear Regulatory Commission's internal mail system, or by deposit in the United States mail, first class, as indicated by an asterisk this 12th day of May,1998:

James P. Gleason, Chairman Thomas D. Murphy Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board Mail Stop: T 3-F-23 Mail Stop T 3-F-23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Adjudicatory File (2) Dr. Thomas S. Elleman*

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 Office of the Commission Appellate Office of the Secretary Adjudication ATTN: RulemaWg and Mail Stop: O 16-C-1 Adjudications Staff U.S. Nuclear Regulatory Commission Mail Stop: O 16-C-1 Washington, DC 20555 U.S. Nuclear Regulatory Commissicm Washington, DC 20555 I

w _ _ _ _ . _ . _ _ . _ _ - . . .

\

t Atomic Safety and Licensir.g Board Adam Laipson, Chairman * ,

Panel Franklin Regional Planning Board I Mail Stop: T-3F23 425 Main Street U.S. Nuclear Regulatory Commission Greenfield, MA 01301 Washington, DC 20555 Jonathan M. Block, Esq.* Thomas G. Dignan, Jr.*

New England Coalition on Nuclear R. K. Gad, III Pollution, Inc. Counsel for Licensee Main Street Ropes & Gray P.O. Box 566 One International Plaza i Putney, Vermont 05346-0566 Boston, MA 02110 l

l Deborah B. Katz, President

• Citizens Awareness Network,Inc. ,

P.O. Box 3023 Charlemont, MA 01339-3023 c-mu , tl8' I r

d, cw Ann P. Hodgdon -

Counrel for NRC Staff

.