ML19210C344

Order from State of Ny Board of Electrical Generation Siting & Environ Dismissing Util Application for Certificate of Environ Compatibility & Public Need.Continuation of Proceeding Not in Public Interest

ML19210C344
Person / Time
Site:	Green County
Issue date:	10/01/1979
From:	Larocca J, Liepshutz G, Zielinski C NEW YORK, STATE OF
To:	POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK
References
ORDER-791001, NUDOCS 7911140111
Download: ML19210C344 (5)

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STATE OF NEW YOhK BOARD ON ELECTRIC GENERATION SITING AND THE ENVIRONMENT At a session of the New York State Board on Electric Generation Siting and the Environment for

. the Greene County Generating Station held in the City of

- Albany on' September 25, 1979.

BOARD MEMBERS PRESENT:

e 04 Charles A. Zielinski, Chairman, Public Service Commission @

James L. Larocca, Commissioner, fl.

$hp7 3 State Energy Office 2 Dr. William E. Seymour, Alternate for William D. Hassett, Commissioner, #k h- p Department of Commerce b y

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os yx Gerald H. Liepshutz, Esq., Ad Hoc Member CASE 80006 - POWER AUTHORITY OF THE STATE OF NEW YORK -

Greene County Nuclear Generating Facility Application of the Power Authority of the State of New York for a Certificate of Environmental Compatibility and Public Need to Construct a 1,200 MW Nuclear Generating Facility at Cementon. Greene County.

ORDER DECIDING MOTION TO DISMISS (Issued October 1,1979) .

BACKGROUND On April 5, 1979, the Power Authority of the State of New York (PASNY) announced that its trustees had voted to dispose of the Cementon project's assets rather than 1325 $20 7911140///

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. M CI 80005 prc.ceed with a nuclear plant application.1/ Staff of the P:hlic Service Department (" S taff" ) therefore asked Presiding E= 'ner Idward D. Cohen to dismiss the proceeding. Staff's motion was opposed by the Power Authority; and supported by Gre:ene Cocnty, Citizens to Preserve the Hudson Valley, an-the. Cementon Civic Association, in memoranda filed on behalf of themselves and others.

SIROiARY The Examiner found staff's motion " premature" because the application might be withdrawn or amended by sne Power Authority, or resubnitted by another applicant, in the c:u.rse cf this proceeding. Rejecting staff's argument that a new proceeding would be the bes: response to any of those car: mstances, he ruled that the proceeding should. remain oper.; and he adopted the Power Authority's suggestion that i: repor: c: the status cf its application by October 16, 1.: 7 3 . Staf f has appealed. The ?cwer Authority opposes the app.eal en procedural grounds, and on the substantive grounds cit.ed by the Judge. Greene County, the Towns of Cementon and Athens , and the Catskill Teacher's Association support the appeal.2^/ We have decided that the application should be d s=issef unless PASNY can decons _ rate, on or before October 16, that con:=uhtion of the proceeding would serve the public i: e est.

-1, A: hens .as proposed as an alter. ate site, but only the Carenton site is the subject cf a pending application before he Nuclear Regulatory Occmission. Public Service repart:ent staff therefore ass es that the Power Authority centmiates no nuclear plant proposal at Athens; and neither the Presiding Examiner, nor any party to this appeal, has questioned the staff's assumption.

2. ':.nling i.s sued .Niay '14 ; Departman of Public Service Staff

._ppe al, filed 2iay 25; Response of Power Authority, filed

!:ne 6; Jcinder of Greene County, et al., filed June 7; Catskill Teacher's Association Support of Appeal, filed 7.s.y 3 1 , 1979.

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CASE 80006

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D1SCUSSION The Power Authority says the appeal should be dis-missed because our Rules of Procedure limit interlocutory appeals to " extraordinary circumstance (s] where prompt decision is necessary to prevent detriment to the public interest."1/ It argues basically that continuation of this proceeding would not adversely affect .the public interest, because the only practical consequence would be that the application would remain in the same dormant status as at present.

Since the basis for the appeal before us is a motion to terminate the proceeding, we do not believe that it should be considered as a routine interlocutory matter.

As a matter of proper public administration, the Board must be able to terminate a prc~ eding as soon as its continuation becomes unnecessary. Indeed, we believe we can reach such a decision on our own initiative even if no appeal is presented to us. Moreover, the Power Authority's claim that no detriment to the public interest is involved here is disputed by the other parties' claims that pendency of an application cay adversely affect local planning, land values, and economic growth. We cannot, in these circumstances, accept the Power Authority's bald assertion that continuation of the proceeding would have'no adverse affect.

'the arguments advanced to date by PASNY for continuing the case are vague and unpersuasive. Viewing these arguments and the fact that PASNY has publicly stated that it does not intend to pursue the application before this Board, we conclude the case should be dismissed unless the Power Authority demonstrates affirmatively and in detail how continuation of the application would serve the public interest.

1/ Rule 7 0. 8 (a) .

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. )i CASE 50006 We will adopt the date set by the Presiding Examiner for the subtittal by PASNY of a status report--October 16--as the deadline for carrying out our decision. We will allow

?ASNY until then to present to us a detailed statement of f acts and arguments shy continuation of the case would be in the public interest. A mere repetition of the arguments preiiously presented or PASNY's failure to respond by October 16 will result in dismissal of this application on that da e. .

The Board on Electric Generation Siting and the Invironnent for Case 80006 orders:

1. The application of the Power Authority of the State of New York for a certificate of environmental com-pacibility and pub 2 ta need to construct a 1200 MW nuclear generating f acility at Ceu.enton, Greene County, will be dismissed on C c:ober 16, 1979 unless the Power Authority files with ts on or before that date a detailed statement of f acts and ar c=ents other than those previously submitted by PASNY to this 3 card, why continuation of this proceeding would be in :he public interest.

2. This proceeding is continued.

By The New York State Board On Electric Generation Siting And The Environment - Case 80006, (SIGIED) SAMUEL R. MADISON Secretary to the Board 132S $23

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