[Federal Register Volume 61, Number 155 (Friday, August 9, 1996)]
[Notices]
[Pages 41663-41664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20335]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-029-DCOM ASLBP No. 96-718-01-R]


Atomic Safety and Licensing Board; Notice of Hearing (Application 
to Approve Facility Decommissioning Plan)

    Before Administrative Judges: G. Paul Bollwerk, III, Chairman, 
Dr. Jerry R. Kline, Dr. Thomas S. Elleman
    In the Matter of Yankee Atomic Electric Company (Yankee Nuclear 
Power Station)

August 5, 1996.
    On October 27, 1995, the Commission published in the Federal 
Register a notice indicating that it (1) was considering issuing an 
order approving the decommissioning plan submitted by licensee Yankee 
Atomic Electric Company (YAEC) for the Yankee Nuclear Power Station, 
located near Rowe, Massachusetts, and (2) was offering an opportunity 
for a hearing on

[[Page 41664]]

the proposed plan approval. (60 Fed. Reg. 55,069.) On November 30, 
1995, the Citizens Awareness Network, Inc. (CAN), and the New England 
Coalition on Nuclear Pollution (NECNP) filed a timely petition to 
intervene. With their hearing request, the petitioners submitted five 
contentions challenging the proposed approval of YAEC's decommissioning 
plan based, among other things, on alleged noncompliance with (1) 
agency standards regarding maintaining radiation doses as low as 
reasonably achievable (ALARA), and (2) the requirements of the National 
Environmental Policy Act of 1968 (NEPA).
    In a January 16, 1996 memorandum and order, the Commission referred 
the petitioners' hearing request to the Atomic Safety and Licensing 
Board Panel for the appointment of a presiding officer to conduct any 
necessary proceedings. (See CLI-96-1, 43 NRC 1 (1996).) On January 18, 
1996, the Chief Administrative Judge of the Panel appointed this Atomic 
Safety and Licensing Board to act on the Commission's referral. (61 
Fed. Reg. 1953.) The Board consists of Dr. Jerry R. Kline, Dr. Thomas 
S. Elleman, and G. Paul Bollwerk, III, who serves as Chairman of the 
Board.
    After receiving additional filings from the participants on the 
issues of the petitioners' standing and the admissibility of their five 
contentions, on February 21, 1996, the Board held a prehearing 
conference during which the parties made further presentations 
addressing those matters. On March 1, 1996, the Board dismissed the 
petitioners' intervention request, ruling that although the petitioners 
had established their standing to intervene, they had failed to present 
a litigable contention. (See LBP-96-2, 43 NRC 61 (1996)).
    The petitioners appealed the Board's decision. In CLI-96-7, 43 NRC 
____ (June 18, 1996), the Commission affirmed the Board's 
determinations regarding the petitioners' standing and the 
admissibility of their contentions based on the information then before 
the Board. The Commission, however, remanded to the Board a so-called 
``new dose argument'' that the petitioners submitted to the Commission 
shortly after the Board's dismissal ruling. In making that referral, 
the Commission directed the Board to determine if the ``new dose 
argument'' met the agency's procedural standards governing ``late 
filing'' and the admissibility of contentions so as to warrant 
consideration in an adjudicatory hearing.
    After receiving additional party filings and conducting another 
prehearing conference on July 16, 1996, the Board issued an additional 
ruling on the petitioners' hearing request. In its July 31, 1996 
decision, the Board held that (1) dismissal of the petitioners' ``new 
dose argument'' as untimely was not warranted under a balancing of the 
five factors governing ``late filing,'' and (2) elements of the ``new 
dose argument'' provided a sufficient basis for the admission of a 
contention concerning YAEC decommissioning plan compliance with ALARA 
principles and NEPA requirements. The Board thus granted the 
petitioners' hearing request.
    Please take notice that a hearing will be conducted in this 
proceeding. This hearing will be governed by the formal hearing 
procedures set forth in 10 CFR Part 2, Subpart G (10 CFR Secs. 2.700-
.790).
    During the course of the proceeding, the Board may conduct an oral 
argument, as provided in 10 CFR Sec. 2.755, and may hold additional 
prehearing conferences pursuant to 10 CFR Sec. 2.752. The public is 
invited to attend any oral argument, prehearing conference, or 
evidentiary hearing, which may be held pursuant to 10 CFR Secs. 2.750-
.751. In its July 31, 1996 decision, the Board established a schedule 
that provides for holding some such sessions. (See LBP-96-15, 44 NRC at 
____(slip op. app. at 1-3).) Notices of those sessions will be 
published in the Federal Register and/or made available to the public 
at the NRC Public Document Rooms.
    In accordance with 10 CFR Sec. 2.715(a), any person not a party to 
the proceeding may submit a written limited appearance statement 
setting forth his or her position on the issues in this proceeding. 
These statements do not constitute evidence, but may assist the Board 
and/or parties in the definition of the issues being considered. 
Persons wishing to submit a written limited appearance statement should 
send it to the Office of the Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555, Attention: Docketing and Service 
Branch. A copy of the statement also should be served on the Chairman 
of the Atomic Safety and Licensing Board. The Board will decide at a 
later date whether to entertain oral limited appearance statements.
    Documents relating to this proceeding are available for public 
inspection at the Commission's Public Document Room, the German 
Building, 2120 L Street, NW., Washington, DC 20555; and at the NRC 
Local Public Document Room at Greenfield Community College, 1 College 
Drive, Greenfield, Massachusetts 01301.

    Dated: August 5, 1996.

    For the Atomic Safety and Licensing Board.
G. Paul Bollwerk III, Chairman,
Administrative Judge.
[FR Doc. 96-20335 Filed 8-8-96; 8:45 am]
BILLING CODE 7590-01-P