ML19209A932

Response to State of Ny Dept of Environ Conservation, Columbia County,Town of Stuyvesant & Concerned Citizens for Safe Energy Comments Re State of Ny Public Svc Commission 790725 Recommendations.W/Certificate of Svc

ML19209A932
Person / Time
Site:	New Haven
Issue date:	08/06/1979
From:	Barrett E HUBER, MAGILL, LAWRENCE & FARRELL, LONG ISLAND LIGHTING CO.
To:
Shared Package
ML19209A931	List: ML19209A930 ML19209A932
References
NUDOCS 7910050643
Download: ML19209A932 (15)

Text

.

NEW YORK STATE BOARD ON ELECTRIC GENERATION SITING AND THE ENVIRONMENT

---

X Application of the NEW YORK STATE ELECTRIC  :

& GAS CORPORATION and the LONG ISLAND  :

LIGHTING COMPANY pursuant to Article VIII  :

of the Public Service Law for a certificate  : CASE NO. 80008 of environmental compatibility and public  :

need to construct two 1250-megawatt nuclear  :

generating units in the Town of New Haven,  :

Oswego County, or at an alternate site in  :

the Town of Stuyvesant, Columbia County.  :

___________________,,.______________________x APPLICANTS' REPLY TO COMMENTS ON RECOMMENDATION OF THE PUBLIC SERVICE COMMISSION INTRODUCTION _

In its certifi cation of the appeal of Ecology Action of Oswego (Ecology Action) to the New York State Board on Electric Generation Siting and the Environment for Case 80C38 (Siting Board), the Public Service Commission ordered that parties desiring to comment on the certification could do so by submitting comments on July 25, 1979 cnd replies to any party's ccmmente could be submitted on August 6, 1979. Applicants received only three sets of ccaments; one by the Department of Environmental Conservation, one by the attorneys for Columbia County, the Town of Stuyvesant, Concerned Citizens for Safe Energy, and Mid-Hudson Nuclear Opponents and one signed by Anne Curtin, ostensibly cn behalf 1105 036 7910050 _-

7

of the Town of Kinderhook.*

DEC argues that in the event that other pendivg applications pursuant to Article VIII are denied, issues of fact exist and suggests suspension of the New Haven Applica-tion (Case 80008) pending the decision in other Article VIII proceedings.

The statement on behalf of the Town of Kinderhook merely expresses its support for the recommendation of the Public Service Commission. The statement on behalf of Columbia County et al. asserts the need for definitive ap-plicants, argues that Long Island Lighting Company has dis-appeared from the proceeding, and concludes that the appli-cation with only New York State Electric & Gas Corporation is not viable. The statement on behmif of Columbia County et al. does not inficate in what manner the application is not viable with a single applicant, nor does it site any new authority for its allegation of the disappearance of Long Island Lighting Ccmpany.

• Ms. Curtin has previously played, and presumably still does play a lead role for Concern"d Citizens for Safe Energy. She has not filed a notice of appearance on behalf of, or any indicia of authority to speak on be-half of the Tcwn of Kinderhcok. Applicants question the appropriateness of a person or organization having two chances to argue the same question in this proceeding under the guise of representing another entity, i105 037-

"GE \PPLICATION SHOULD NOT BE SUSPENDED

_he argument advanced on behalf of DEC implicitly concedes there are issues of fact to be tried in this pro-ceecing. By statement of its concit_ ion that the licensing of other proposed facilities will obviate the need for the New Haven Station, DEC has made a great numuer of conclusions of fact. Implicit in such a statement are conclusions as to load forecasts, load shape, relative fuel costs and a great number of other matters of fact which are or presum-ably will be the subject of contentions in this_ proceeding.

To the extent that DEC concludes that the proposed generating station is not needed if other plants are certified, the Application clearly contains facts which differ from those leading to the conclusion of DEC.

Applicants recognize that decisions in pending Article VIII proceedings will have a significant effect on the planning of electric generation capacity in the State of New York. The crucial question is whether the proposed units in this proceeding can be in service when they are needed. Since the enactment of Article VIII in 1972, only the certificate issued in Case 80002 can be acted upon and 1105 038-

that station is scheduled to be in service in October, 1984 some 12 years after enactment of Article VIII. The schedule suggested by the Public Service Commission Staff in this case extends licensirg over a minimum of three years and a certification in 1982 .'s currently expected. Considering the need for engir.eering and preparation of a Compliance Filing, after certification and a construction period of from 8 to 10 years, any significant delay in the processing of the New Haven application would seriously threaten the proposed in service dates of 1992 and 1994, Logically under the facts as adduced in Chapter I of the Application, the need for New Haven can enly be ac-celerated by the denial of other pending Article VIII Appli-cations. For instance, New York State Electric & Gas Cor-poration projects minimal surpluses or capacity deficiencies in each winter from the winter of 1986/87 to the winter of 1994/95 even assuming the construction of Jamesport. (Environ-mental Repert. Table 1.1-62) Without New York State Electric

& Gas Corporation's share of Jamesport, its deficiency in 1989 rises to 539 Megawatts and to 720 Megawatts in 1990.

Thus, the New York State Electric & Gas Corporation's need accelerates if negative decisiens are made on at least one of the units in licensing. Cbviously the need to substitute S 039

capacity for oil fired units is also greatly affected by the denial of certificates for facilities using fuels other than oil. A failure to progress the New Haven application could result in serious harm to the State of New York in the event certificates are not granted in pending Article VIII pro-ceedings.

Applicants submit that the realities of licensing of generating stations is such that an indefinite suspension of New Haven cannot be tolerated even under the assumptions of DEC.

LONG ISLAND LIGHTING IS A PARTY TO THIS PROCEEDING -

The statement filed on behalf of Columbia County and others asserts that Long Island Lighting has disappeared from the proceeding. Such an assertion is patently erroneous.

Long Island Lighting Company has not withdrawn from the pro-ceeding. At a pre-hearing conference held on March 22, 1979, Edward J. Walsh, Esq. noted his appearance on behalf of Long Island Lighting Company and on May 23, 1979, Mr.

Schutt noted in another pre-hearing conference that since New York State Electric & Gas Corporation had been given authority to take all steps necessary to license the propcsed plant, he represented both New York State Electric & Gas i105 040

Corporation and Long Island Lighting Company. (SM 611) .

Clearly, the record in this proceeding belies the claim that Long Island Lighting Company has disappeared.

CONCLUSION The statements submitted by the Department of Environmental Conservation and Columbia County et al. do not establish any grounds for the dismissal or suspension of this proceeding.

Respectfully submitted, jphy kk 4 CL '

HUBER MAG _LL LAWRENCE & FARRELL Attorneys for New York State Electric & Gas Corporation Office & P.O. Address 99 Park Avenue New York, New York 10016 Telephone: (212) 682-6200 Edward M. Barrett Edward J. Walsh, Jr.

Jeffrey L. Futter

~

Long Island Lighting Company 250 Old Country Road Mineola, New York 11501 Telephone: (516) 233-2038 Roderick Schutt Jeffrey L. Futter of Counsel Dated: Augus: 5, 1979 1105 04,

ki%

NEW YORK STATE BOARD ON ELECTRIC GENERATION D'%

SITING AND THE ENVIRONMENT

---

e----------------X Application of the NE'.i YORK STATE ELECTRIC  :

& GAS CORPORATION and the LONG ISLAND  :

LIGnTING COMPANY pursuant to Article VIII'  :

of the Public Service Law for a certificate  : CASE NO. 80008 of environmental ccmpatibility and public  :

need to construct two 1250-megawatt nuclear  :

generating units in the Town of New Haven,  :

Oswego County, or at en alternate site in  :

the Town of Stuyvesant, Columbia County.  :

_________._..________________________________x

/\

W- .c#

• i CERTIFICATION OF SERVICE ,

4"$g 45pY -

e  % =

STATE OF NEW YORK 4 ** '

+ ~

) . D a -

) ss.: '-

, e;5' 7 N COUNTY OF NEW YORK ) ',

ya

'e This is to certify that a true copy of Applicants' Reply to Comments on Recommendation of the Public Service Commission was served upon the persons appearing on the at-tached list by depositing in the post office box regularly maintained by the government of the United States in the County of New York, State of New York.

~#

V I105 042

Seymour Wenner, Esq., Chairman Robert Grey, Michael Flynn and Atemic Safety and Licensing Board Craig Indyke, Staff Counsel United States Nuclear Regulatory. New York State Department of Commission Public Service Washington, D.C. 20555 The Governor Nelson A. Rockefeller Empire State Plaza Albany, New York 12223 Dr. Oscar H. Paris, Member David A. Engel, Esq.

Atomic Safety and Licensing Board Senior Attorney for Energy United States Nuclear Regulatory New York State Deoartment of Commission Env'.ronmental Conservation Washington, D. C. 20555 50 Wolf Road Albany, New York 12233 Dr. Walter H. Jordan, Member Stephen E. Lewis, Esq.

Atcmic Safety and Licensing Scard Marcia E. Mulkey, Esq.

881 West Outer Drive Office of Executive Legal Director Cak Ridge, TN 37830 United States Nuclear Regulatory Cc= mission MNVB - 9604 Washington, D.C. 20555 Thomas R. Matias, Administrative Edward M. Barrett, General Counsel Law Judge Long Island Lighting Ccmpany New Ycrk State Department of 250 Old Country Road Public Service Mineola, New York 11501 The Governcr Nelson A. Rockefeller Empire State Plaza Agency Building No. 3 Albany, New Ycrk 12223 Dr. Sidney A. Schwart: Mr . Michael J. Ray New York State Department of New Ycrk State Electric & Gas Ccrp Envircnmental Conservation 4500 Vestal Parkway East 50 Wolf Read Singhamnen, New Ycrk 13902 Albany, New York 12233 1105 043'

Seymour Wenner, Esq. , Chaicman Robert Grey, Michael Flynn and Atomic Safety and Licensing Board Craig Indyke, Staf f Counsel United States Nuclear Regulatory. New York State Department of Commission Public Service Washington, D.C. 20555 The Governcr Nelson A. Rockefeller Empire State Plaza Albany, New York 12223 Dr. Oscar H. Paris, Member David A. Engel, Esq.

Atomic Safety and Licensing Board Senior Attorney for Energy United States Nuclear Regulatory New York State Department of Cc= mission Environmental Conservation Washington, D.C. 20555 50 Wolf Road Albany, New York 12233 Dr. Walter H. Jerdan, Member Stephen H. Lewis e Esq.

Atenic Safety and Licensing Board Marcia E. Mulkey, Esq.

881 West Outer Drive 7f fice of Executive Legal Director Cak Ridge, TN 37830 United States Nuclear Regulatory Cc= mission MNV3 - 9604 Washington, D.C. 20555 Themas R. Matias, Administrative Edward M. Barrett, General Counsel Law Judge Long Island Lighting Ocmpany New York State Department of 250 Cid Country Road Public Service Minecla, New York 11501 The Governer Nelsen A. Rockefeller Empire State Plaza Agency Building No. 3 Albany, New York 12223 Dr. Sidney A. Schwart: Mr. Michael J. Ray New Ycrk State Department of New Ycrk State Electric & Gas Ccrp Environmental Conservation 4500 Vestal Parkway East 50 Wolf Road 3ingham:cn, New Y0rk 13902 Albany, New York 12233 1105 044

300RORIBIM Henry G. T4illiams, nirector of William Tyson, Executive Directo:

State /lanning St. Lawrence - Eastern Ontario New York State Department of State Ccmmission 162 Washington Avenue 317 Washington Street Albany, New York 12231 Watertown, New York 13601 Samuel J. Abate, Executive Director Thomas E. 3rewer, Director Hudson River Valley Commission Rensselaer Co. Dept. of Health The Governor Nelson A. Rockefeller Troy, New York 12180 Empire State Pla::a Agency Building No. 1 Albany, New York 12238 Commissioner Mark R. Gibbs, Supervisor New York State Dept. of Health Town of Mexico Attn: Director - Office of Pub'.ic S. Jefferson Street Health Mexico, New York 13114 Tower Building -~14th Flocr The Governcr Nelson A. Rockefeller Empire State dia::a Albany, New Ycrk 12237 Cc=missioner Barbara J. Campbell, Clerk New York State Dept. of Ccmnerce village of Mexico 99 Washington Avenue P.O. Box 26 Albany, New Ycrk 12245 Mexico, New York 13114 Robert Fickies Mrs. Nancy K. Weber Energy - Invironmental Geolcgy Oswego Ccunty Farm 3ureau New York State Geological Survey R.D. 3 Education Building Annex Mexico, New Y0rk 13114 Albany, New York 12234 e

Linda Clark John D. Hotaling, President Safe Energy for New Haven Columbia Co. Fruit Growers Box 22, R.D. 1 R.D. 1 Mexico, New York 13114 Hudson, New York 12534 Thomas G. Griffen, Esq. Vivian Rosenberg Town of Kinderhook Box 274 542 Warren Street Walker Mill Road Hudson, New York 12534 Germantown, New York 12526 Mr . Alma n J . Hawkins G. Jeffrey Haber, Supervisor Countv Plannin Director 1777 Columbia Turnpike Oswego CcGnty Planning Scard Castleton, New York 12033 46 East Bridge Street Oswego, New York 13126 Columbia County Ralph Schimmel, Representative Town of Stuyvesant Town of Coernans Concerned Citizens fer Safe Russell Avenue Energy, Inc.

Ravena, New York 12143 c/o Robert J. Kafin, Esq.

Miller, Mannix, Lemery & Kafin P P.O. Sex 765 Glens Falls, New Ycrk 12301 James P. MCGrath, Esq. Ms. Jeanne F. Fudala City of Oswego Ecclogy Acticn - Tc=pkins cc, 33 Eas: Utica Street 140 West State S reec Oswego, New York 13126 Ithaca, New Ycrk 14850 1165 046

Ms. Anne F. Curtin Claru Glenister, Town Clerk Concerned Citi:: ens for Saf e Energy, Town of New Haven Inc. P.O. Box 115 P.O. Box 88 New Haven, New York 13121 Stuyvesant, New York 12173

, p r ;t " ' T. i 1 1 i, < -

hhh $fk-Conraissioner Orin Lehman John F. Shea, Esq.

New York State Dept. of Parks & Assistant Attorney General Recreation Decartment of Law The Governor Nelson A. Rockefeller Tw'o World Trade Center Empire State Pla::a New York, New York 10047 Agency Building No. 1 Albany, New York 12238 H. Lee Davis, President Douge Suske Citi:: ens to Preserve the Hudson Plumbers & Steamfitters Valley, Inc. Local No. 27 P.O. Box 412 R.D. #1 Catskill, New York 12414 Oswego, New York 13126 Ecology Action Reilly and Like, Escs. -

c/o Helen Daly 200 West Main Street W. River Rd., RD 5 3abylon, New York 11702 Cswego, New York 13126 Mrs. Jeffrey Braley, Presiden Richard P. Peirstein, Esc.

Columbia County Parm Streau New York Stats De= . of ^

Star Route Sox 22 Agricui n;3 ; ,}1733 3 Chatham, New York 12037 State Campus Albany, New York 12235 1105 047

John M. Mowry, Esq. Dr. Stephen J. Egemeier Mowry, Mowry & Seiter Chairman Main Street Ulster County Environmental Mexico, New York 13114 Management Council 300 Flatbush Avenue Kingston, New York 12401 Margaret A. Sprague, President Docketing and Service Section Mexico Academy and Central School Office of the Secretary Mexico., New York 13114 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Deris Brown League of Women Voters of Tempkins Samuel R. Madison, Secretary County New York State Department of Public Service 86 Cak Crest Road The Governor Nelson A. Rockefelle Ithaca, New York 14850 Empire State Plaza Agency Building No. 3 Albany, New York 12223 Stanley 3. Klimberg, Acting Counsel Pecer D. G. Brown N2w York State Energy Office Chairman of the Beard 2 Rcckefeller Plaza Mid-Hudson Nuclear Cpponents Albany, New York 12223 P.O. Sex 666 New Palt=, New York 12561 William Keeping, Superviser Accmic Safecy and Licensing Town of Gardiner Scard Panel Gardiner, New Ycrh 12525 U.S. Nuclear Regu;accry Ccmmissic:

Washingcon, D.C. 20555

'l105048

Ms. Susan Link R.D. 1, Dewey Road Mexico, New York 13114 Atemic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Ccm-mission Washington, D.C. 20555 1105 049