[Federal Register Volume 60, Number 208 (Friday, October 27, 1995)]
[Notices]
[Pages 55069-55070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26681]



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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-029]


Yankee Nuclear Power Station; Consideration of Issuance of an 
Order and Opportunity for a Hearing

A. Introduction.

    Pursuant to 10 CFR 2.105(a)(9), the U.S. Nuclear Regulatory 
Commission (``the Commission'') hereby gives notice that it is 
considering issuance of an order under 10 CFR 50.82(e) to the Yankee 
Atomic Electric Company (``YAEC,'' the licensee), for the Yankee 
Nuclear Power Station (``Yankee NPS''), located in Franklin County, 
Massachusetts. The order would involve approval of the Yankee NPS 
decommissioning plan as it relates to the decommissioning of the 
remaining portions of the Yankee NPS. The Commission initially approved 
the plan, see (60 FR 11699; February 22, 1995), but that approval is no 
longer considered effective in view of the reinstatement of the pre-
1993 interpretation of the Commission's decommissioning regulations as 
a result of a decision by the U.S. Court of Appeals for the First 
Circuit. See Citizens Awareness Network v. NRC, 39 F.3d 284 (1st Cir. 
1995).
    On October 12, 1995, the Commission issued a Memorandum and Order, 
CLI-95-14, in which it announced that it would issue a Notice of 
Opportunity for a Hearing on the licensee's decommissioning plan and 
the application of that plan to the completion of the decommissioning 
of the Yankee NPS. The Commission also announced in CLI-95-14 that it 
would ``direct an expedited hearing process in this case.''
    The licensee is the holder of facility Possession Only License No. 
DPR-3 that was issued on August 5, 1992. All spent fuel has been 
removed from the reactor and placed in the plant's spent fuel pool. In 
addition, a large portion of the non-fuel radioactive inventory has 
also been removed from the reactor and either placed in the spent fuel 
pool or shipped to an off-site disposal facility. These activities have 
been taken in accordance with either the licensee's previously-approved 
decommissioning plan, which was filed with the Commission by a letter 
dated December 20, 1993, or with a component removal program undertaken 
by the licensee before the NRC's previous approval of the 
decommissioning plan.
    By issuance of this order, the licensee would be authorized to 
complete the decommissioning of the Yankee NPS facility in accordance 
with the plan. Under that plan, YAEC intends (1) to dismantle the plant 
except for those systems that are required for safe maintenance of the 
Spent Fuel Pool; (2) to dismantle the spent fuel pool when other 
options for fuel and high level waste storage and/or removal become 
available; (3) to ship contaminated and radioactive materials, 
including the intact pressure vessel along with some insulation, to a 
low level waste facility; and (4) to decontaminate the site so that it 
can be released for unrestricted use.

B. Requests for Hearing and Petitions for Leave to Intervene

    By November 27, 1995, the licensee may file a request for a hearing 
with respect to issuance of the order to the subject facility. During 
that same period, any other person whose interest may be affected by 
this proceeding and who wishes to participate as a party in the 
proceeding must file both a written request for a hearing and a 
petition for leave to intervene. Requests for a hearing and petitions 
for leave to intervene shall be filed in accordance with the 
Commission's ``Rules of Practice for Domestic Licensing Proceedings'' 
in 10 CFR Part 2, and the special instructions provided in this notice.
    This notice provides a brief overview of the requirements in 10 CFR 
2.714. However, the fact that a requirement is not addressed in this 
notice does not excuse compliance with that requirement. Each person 
seeking to participate in this proceeding is responsible for complying 
with all applicable requirements. Interested persons should consult a 
current copy of 10 CFR 2.714 which is available at the Commission's 
Public Document Room, the Gelman Building, 2120 L Street, NW., 
Washington, DC 20555-0001, or the NRC Local Public Document Room, 
located at the Greenfield Community College, 1 College Drive, 
Greenfield, Massachusetts 01301.
    If a request for hearing or a petition for leave to intervene is 
filed by the above date, either the Commission or an Atomic Safety and 
Licensing Board, designated by the Chairman of the Atomic Safety and 
Licensing Board Panel, will rule on the request and/or petition, and 
either the Secretary of the Commission or the designated Atomic Safety 
and Licensing Board will issue a notice of hearing or an appropriate 
order.
    As required by 10 CFR 2.714, both a request for hearing and a 
petition for leave to intervene shall set forth with particularity the 
interest of the petitioner in the proceeding, and how that interest may 
be affected by the results of that proceeding. The petition should 
specifically explain the reasons why intervention should be permitted 
with particular reference to the following factors: (1) The nature of 
the petitioner's right under the Act to be made a party to the 
proceeding; (2) the nature and extent of the petitioner's property, 
financial, or other interest in the proceeding; and (3) the possible 
effect of any order which may be entered in the proceeding on the 
petitioner's interest. The petition should also identify the specific 
aspect(s) of the subject matter of the proceeding as to which the 
petitioner wishes to intervene.

C. Filing of Contentions

    The Commission has determined to take several steps to expedite 
this proceeding. The first step toward expediting this proceeding is to 
require that all contentions be filed at the same time as petitions for 
leave to intervene. Accordingly, any person who files a request for 
hearing and a petition for leave to intervene shall, at the same time, 
submit a supplement to the petition for leave to intervene which must 
include a list of contentions which are sought to be litigated in the 
proceeding. The Commission will issue additional directions to expedite 
this proceeding where appropriate in the future.
    Potential petitioners should not be prejudiced by this requirement 
because the documents which would give rise to potential disputes are 
already in existence and in the public domain. For example, the 
licensee has prepared an Environmental Review of the decommissioning 
plan and the NRC Staff has prepared both an 

[[Page 55070]]
Environmental Assessment of the plan and a Safety Evaluation Report 
reviewing the plan. These documents, in addition to the plan itself, 
are available at both Public Document Rooms. In addition, the 
Commission held a public meeting to obtain public comments on the 
decommissioning plan on August 16, 1994, in Greenfield, Massachusetts. 
The NRC Staff addressed those comments in the Safety Evaluation Report 
issued on the Decommissioning Plan.
    Pursuant to 10 CFR 2.714(b)(2), each contention must consist of a 
specific statement of the issue of law or fact to be raised or 
controverted, including any alleged omission by the licensee or the 
Staff in any action taken or in any document issued relating to this 
matter. In addition, the petitioner shall provide a brief explanation 
of the bases of the contention and a concise statement of the alleged 
facts or expert opinion which support the contention and on which the 
petitioner intends to rely in proving the contention at the hearing. 
The petitioner must also provide references to those specific sources 
and documents of which the petitioner is aware and on which the 
petitioner intends to rely to establish those facts or expert opinion. 
The petitioner must also provide sufficient information to show that a 
genuine dispute exists with the licensee on a material issue of law or 
fact. Under the circumstances of this case, the Commission will 
consider a valid contention to satisfy the aspect requirement noted 
above.
    If a hearing is held, the issue shall be whether an order approving 
the decommissioning plan should be issued. Thus, contentions shall be 
limited to matter relevant to the order under consideration. The 
contention must be one which, if proven, would entitle petitioner to 
relief. A petitioner who fails to file such a supplement which 
satisfies these requirements with respect to at least one contention 
will not be permitted to participate as a party. Those permitted to 
intervene become parties to the proceeding, subject to any limitations 
in the order granting leave to intervene.

D. Filing Instructions

    A request for hearing and/or petition for leave to intervene shall 
be filed with the Secretary of the Commission, United States Nuclear 
Regulatory Commission, Washington, DC 20555-0001; Attention: Docketing 
and Service Branch, or may be delivered to the Commission's Public 
Document Room at 2120 L Street, NW., by the above date. If a request 
for hearing or a petition for leave to intervene is filed within the 
last five (5) calendar days of this period, the filing party should not 
only file the documents by U.S. Mail, but should also fax them to the 
Secretary of the Commission. The fax number for the Office of the 
Secretary is (301) 415-1672.
    A copy of all filings should also be sent to the Office of General 
Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555; 
Attention: Assistant General Counsel for Hearings and Enforcement, and 
to Thomas G. Dignan, Ropes & Gray, One International Plaza, Boston, 
Massachusetts 02110-2624, attorney for the licensee.
    Non-timely filings of (1) petitions for leave to intervene, (2) 
amended petitions, (3) supplemental petitions and/or (4) requests for 
hearing will not be entertained absent a determination by the 
Commission or the designated Atomic Safety and Licensing Board that the 
non-timely filing should be accepted based upon a balancing of the 
factors specified in 10 CFR 2.714(a)(1)(i)-(v) and 10 CFR 2.714(d). 
Notwithstanding the provisions of 10 CFR 2.714(a)(3), the participants 
will not be allowed to amend their pleadings without leave of the 
Commission or of the designated Board. Under that provision, amendment 
of pleadings without leave is tied to the submission of contentions 
which has been expedited in this case. Answers to any request for 
hearing or petition for leave to intervene should be filed in 
accordance with 10 CFR 2.714(c).
    For further details with respect to this action, see (1) the 
application for decommissioning, including the decommissioning plan, 
dated December 20, 1993, as supplemented on August 5, August 22, 
October 24, and October 26, 1994; (2) the NRC Staff's Environmental 
Assessment, dated February 14, 1995, and (3) the NRC Staff's Safety 
Evaluation Report, dated February 14, 1995. These documents are 
available for public inspection at both the Commission's Public 
Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC, 
and at the NRC Local Public Document Room at the Greenfield Community 
College, 1 College Drive, Greenfield, Massachusetts 01301.

    Dated at Rockville, Maryland, this 23rd day of October, 1995.

    For the Nuclear Regulatory Commission.
John C. Hoyle,
Secretary of the Commission.
[FR Doc. 95-26681 Filed 10-26-95; 8:45 am]
BILLING CODE 7590-01-P