ML100150591
| ML100150591 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 06/27/1977 |
| From: | Chasis S Hudson River Fishermen's Association, Natural Resources Defense Council |
| To: | Buck J, Quarles L, Sharfman J NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| Shared Package | |
| ML100150592 | List: |
| References | |
| NUDOCS 8111190129 | |
| Download: ML100150591 (6) | |
Text
Natural iesources Defense Cou1cil, Inc.
15 VEST 44TH STREET NEW YORK, N.Y. 10036 Washington Office 917 15TH STREET, N.NV, WASHINGTON, D.C. 20005 202 737-5000 212 869-o15o June 27, 1977 Westcrn Office 2345 YALE STREET PALO ALTO, CALIF. 9.13o6 415 327-1080 Jerome E. Sharfman, Esq.
Chairman, Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. John H. Buck Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Lawrence R. Quarles Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 In the Matter of Consolidated Edison Company of New York, Inc.
(Indian Point Station, Unit No. 2)
. Docket No. 50-247 (Extension of Interim Operation Period)
Gentlemen:
The Hudson River Fishermen's Association is today filing exceptions to the Initial Decision in the above-captioned matter. The purpose of this letter is to inform you that HRFA has not had an oppor tunity to fully evaluate the Initial Decision.
If our review should lead us to conclude that we do not wish to pursue some or all of the filed exceptions, the Appeal Board will promptly be so informed.
Sincerely, h;
I Sarah Chasis Attorney for HRFA cc:
Samuel W. Jensch, Esq.
Mr. R. Beecher Briggs Dr. Franklin C. Daiber Stephen H. Lewis, Esq.
Carl R. D'Alvia, Esq.
Honorable George V.
Begany Docketing and Service Section iooo Rccydcd Paper Michael Curley, Esq.
Richard C. King, Esq.
Edward J. Sack, Esq.
Paul S. Shemin, Esq.
Atomic Safety and Licensing Appeal Board Atomic Safety and Licensing Board Panel (8111190129 770627 P
ADOCK 05000247 K0
____PDR
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
)
Docket No. 50-247 OL No. DPR-26 CONSOLIDATED EDISON COMPANY
)
OF NEW YORK, INC.
)
(Proceeding for Extension
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of Operation witt Once (Indian Point Station,
)
Through Cooling)
Unit No. 2)
)
HUDSON RIVER FISHERMEN'S ASSOCIATION'S EXCEPTIONS TO INITIAL DECISION EXTENDING TIME OF ONCE-THROUGH COOLING UNTIL MAY 1, 1982 On June 17, 1977, the Atomic Safety and Licensing Board
("the Licensing Board") issued an Initial Decision Extending Time of Once-Through Cooling Until May 1, 1982 ("Initial Decision").
In accordance with 10 C.F.R. §2.762, the Hudson River Fishermen's Association ("HRFA"),. an intervenor in the above-captioned pro ceeding, files the following exceptions to the Initial Decision.
Exception No. 1 The Licensing Board erred in its determination that the primary issues before it were the following and, as a consequence, erroneously concluded that the record before it justified an extension of operation with once-through cooling to May 1, 1982:
(a) Whether Con Edison's Ecological Research Program has produced a substantial amount of information that was not available at
the time of the Indian Point 2 operating license hearings and that could, after careful evaluation, lead to a conclusion that closed-cycle cooling is not required for Indian Point 2; (b) Whether the benefits of extending the termination date for once-through cooling from May 1, 1980 to May 1, 1981 exceed the costs and, if benefits do exceed costs, whether some alternative to the proposed action is superior.
Portion of Initial Decision to Which Exception No. 1 is Addressed: Initial Decision, page 9, and conclusions relying thereon; Initial Decision, pages 19-20.
Exception'No. 2 The Licensing Board erred in its rejection of the NRC Staff's analysis of costs and benefits and, as a consequence, erroneously concluded that the economic benefits associated with a one or two year extension of interim-operation are substantially greater than the costs.
Portion of Initial Decision to Which Exception No. 2 is Addressed: Initial Decision, pages 22-31, 38-39.
Exception No. 3 The Licensing Board erred in its determination that there was ample evidence in the record to support extension of interim operation to May 1, 1982, that the cost-benefit balance would be similar to that for an extension to May 1, 1981 and that in granting the longer extension, the rights of no party would be infringed, no party would be denied due process and the public interest would be better served.
Portion of Initial Decision to Which Exception No. 3 is Addressed:
Initial Decision, pages 33-36.
R spectfully ubmitted, Sarah Chasis (Natural Resources Defense Council, Inc.)
15 West 44th Street New York, New York 10036 Attorney for HRFA Dated: New York, New York June 27, 1977
OS UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.
(Indian Point Station, Unit No. 2)
Docket No. 50-247 OL No. DPR-26 (Proceeding for Extension of Operation with Once Through Cooling)
CERTIFICATE OF SERVICE I hereby certify that I have, this 27th day of June, 1977 served the foregoing document entitled "Hudson River Fishermen's Association's Exceptions to Initial Decision Extending Time of Once-Through Cooling Until May 1, 1982" by mailing copies thereof, first class mail, postage prepaid, Mr. Chase Stephens (20)
Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Samuel W. Jensch, Esq., Chairman Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Jerome E. Sharfman, Esq.
Chairman, Atomic Safety and Licensing Appeal Board
,U.S. Nuclear Regulatory Commission Washington, D.C.
20555 to the following persons:
Dr. John H. Buck Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Lawrence R. Quarles Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Mr. R. Beecher Briggs 110 Evans Lane
.Oak Ridge, Tennessee 37830 Carl R. D'Alvia, Esq.
Attorney, Village of Buchanan 395 South Riverside Avenue Croton-on-Hudson, N.Y. 10520 Leonard M. Trosten, Esq.
LeBoeuf, Lamb, Leiby &
MacRae 1757 N Street, NW Washington, D.C.
20036 Honorable George V. Begany Mayor, Village of Buchanan Buchanan, New York 10511 Dr. Franklin C. Daiber College of Marine Studies University of Delaware Newark, Delaware 19711 Michael Curley, Esq.
Office of the General Counsel New York State Atomic Energy Council 99 Washington Avenue Albany, New York 12201 Richard C. King, Esq.
New York State Energy Office Swan Street Building Core 1, 2nd Floor Albany, New York 12223 Edward J. Sack, Esq.
Law Department Consolidated Edison Company of New York, Inc.
4 Irving Place New York, New York 10003 Paul S. Shemin, Esq.
Assistant Attorney General State of New York 2 World Trade Center New York, New York 10047 Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Stephen H. Lewis, Esq.
Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555
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Sarah Chasis