ML19282C277
| ML19282C277 | |
| Person / Time | |
|---|---|
| Site: | Green County  |
| Issue date: | 02/23/1979 |
| From: | White A DEGRAFF, FOY, CONWAY & HOLT-HARRIS |
| To: | |
| Shared Package | |
| ML19282C274 | List: |
| References | |
| NUDOCS 7903220469 | |
| Download: ML19282C277 (8) | |
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O UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC EAFETY AND LICENSING BOARD In the Matter of POWER AUTHORITY OF THE STATE OF NEW YORK (Greene County Nuclear Power Plant)
Docket No. 50-549 STATE OF NEW YORK DEPARTMENT OF PUBLIC SERVICE BOARD ON ELECTRIC GENERATION SITING AND THE ENVIRONMENT In the Matter of the Application of the POWER AUTHORITY OF THE STATE OF NEW YORK (Greene County Nuclear Generating Facility)
Case 80006 LEHIGH PORTIAND CEMENT COMPANY APPLICATION FOR EXTENSION OF TIME TO FILE TESTIMONY AND EXHIBITS.
Lehigh Portland Cement Company hereby moves for an exten-sion of the time for filing its testimony and proposed exhibits in these proceedings.
Pursuant to the order resetting dates for submit further proceedings dated January 4, 1979, Lehigh must 7903220469_,
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its testimony and proposed exhibits on or before March 2,1979.
Lehigh requests that the Atomic Safety and Licensing Board and the Presiding Examiners representing the New York State Board on Electric Generation Siting and the Environment extend the time for Lehigh to file its direct tectimony and proposed exhibits for two weeks to March 16, 1979.
This request is made because significant new information became available to Lehigh Portland Cement Company on or about February 1,1979, which information could have affected Lehigh Portland Cement Company's testimony in these proceedings.
During the period from February 1, 1979 through February 22, 1979, exten-sive investigation of this new information was made by officers and other employees of Lehigh Portland Cement Company, officers and employees of Heidelberg Zement, A.G., Lehigh's parent company, and by Lehigh's attorneys.
The substantial attention given to this new information has disrupted Lehigh's preparation of its testi-many and exhibits in this proceeding to the extent that requiring Lehigh to submit its direct testimony and proposed exhibits on or before March 2, 1979 would impose a severe hardship on Lehigh.
This request is made pursuant to 16 NYCRR 70.7, 10 CFR 2.711 of the Rules of Practice for the Nuclear Regulatory
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Commission and Article IV D of the Joint Protocol dated November 8, 1976.
Respectfully submitted, DeGRAFF, F0Y, CONWAY, HOLT-HARRIS and MEALEY
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Algi d F. White, Jr.
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Dated:
Albany, New York February 23, 1979
UNITED STATES OF AMERICA NUCLEAR REGULATORY Cole 11SSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of POWER AUTHORITY OF THE STATE OF NEW YORK (Greene County Nuclear Power Plant)
Docket No. 50-549 STATE OF NEW YORK DEPARTMENT OF PUBLIC SERVICE BOARD ON ELECTRIC GENERATION SITING AND THE ENVIRONMENT In the Matter of the Application of the POWER AUTHORITY OF THE STATE OF NEW YORK (Greene County Nuclear Generating Facility)
Case 80006 STATE OF NEW YORK ss.:
COUNTY OF ALBANY ALGIRD F. WHITE, JR., being duly sworn, deposes and says:
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That he is an attorney-at-law duly admitted to prac-tice in the State of New York and makes this affidavit in support of the motion by Lehigh Portland Cement Company for an extension
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of time through March 16, 1979 in which to file direct testimony and proposed exhibits in these proceedings.
He is a member of the firm of DeGraff, Foy, Conway, Holt-Harris & Mealey, which represents Lehigh Portland Cement Company, an intervenor in these proceediligs, and is fully familiar with the facts and circum-stances hereinafter set forth.
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On January 4, 1979, the Joint Board representing the U. S. Nuclear Regulatory Commission Atomic Safety and Licensing Board and the representatives of the New York State Board on Electric Generation Siting and the Environment issued an order which provided that Lehigh Portland Cement Company and other intervenors wishing to file testimony and proposed exhibits in these cases would file such testimony and proposed exhibits by March 2, 1979.
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Lehigh Portland Cement Company intends to file direct testimony and any supporcing exhibits deemed necessary in these proceedings.
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On or about February 1, 1979, facts previously unknown to Lehigh came to light and were confirmed by Lehigh.
These facts seemed to have a substantial possibility of af fecting Lehigh's testimony in these proceedings.
From the date any of these facts became known through February 22, 1979, substantial efforts were
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made by Lehigh Portland Cement Company and its employees who are connected with these proceedings, by Heidelberg Zement, A.G.
(Lehigh's parent company) and its employees connected with these proceedings and by Lehigh's attorneys to ascertain whether or these new facts would affect conclusions expected to be not drawn by Lehigh in its direct testimony.
Investigation of these facts incli:d-_ discussions with, among others, representatives of the Power Authority of the State of New York.
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The extensive time devoted to the thorough investi-gation of these new facts has significantly disrupted the prepar-ation of the direct case of Lehigh Portland Cement Company in these proceedings to the extent where the March 2, 1979 filing date would impose severe hardships on Lehigh and Lehigh and Heidelberg Zement employees.
Not the least of these hardships would be requiring the President of Heidelberg Zement, who will be a witness in these proceedings, to come to the United States for the fourth time in three weeks to review the testimony in its final form.
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In addition, it is appropriate to discuss, within the bounds of confidentiality required in the circumstances, the new facts which became known to Lehigh on or about February 1, 1979.
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It is respectfully submitted that the requested two week delay for the filing of Lehigh's direct case will not delay hearings on this matter scheduled to begin on April 2, 1979.
It is suggested that witnesses testifying to Lehigh's position may be scheduled toward the end of hearings proposed in this matter for the purpose of cross-examination.
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Depcnent has personally contacted the attorneys for the Power Authority of the State of New York, the Nuclear Regulatory Commission Staff. the New York State Public Service Commission Staff and the Staff of the New York State Department of Environmental Conservation and has advised them of the nature of this motion.
Attorneys for the Staffs of the New York State Public Service Commission and the New York State Department of Environmental Conservation have indicated that they do not oppose this motion.
The attorneys for the Staff of the U. S.
Nuclear Regulatory Commission and the Power Authority of the State of New York expressed neither approval or disapproval of this motion.
WHEREFORE, it is respectfully requested that the time for Lehigh Portland Cement Company to file its testimony and
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proposed exhibits in these proceedings be extended to March 16, 1979.
2d';>T4 ALhRDF. WHITE, JR.L/
Sworn to before me this 23rd day of February, 1979 l-(LL sv
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Notary Public
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