Statement in Opposition to Applicants 791112 Motion for Rehearing Re ASLB Order Dismissing Application.Applicants Failed to Establish Present Intention to Build Plant. Certificate of Svc EnclML19291B887 |
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New Haven |
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Issue date: |
11/21/1979 |
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From: |
Abrams R, Bialik E NEW YORK, STATE OF |
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NUDOCS 7912140018 |
Download: ML19291B887 (12) |
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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20002A2101980-10-16016 October 1980 Certifies Svc of Motion to Terminate Proceeding on 801016 ML20008E0211980-10-16016 October 1980 Motion to Terminate Proceeding Due to Dismissal of Case 80008 by Ny State Board on Electric Generation Siting Re Environ Compatibility.Attempts to License nuclear-fueled Plants at New Haven or Stuyvesant Sites Abandoned ML20008E0291980-10-16016 October 1980 Withdrawal of 781109 Application to License nuclear-fueled Generation Station at New Haven or Stuyvesant Sites,Due to Dismissal of Case 80008 by Ny State Board on Electric Generation Siting ML20008E0251980-10-16016 October 1980 Withdrawal of 781109 Application to License nuclear-fueled Generation Station at New Haven or Stuyvesant Sites,Due to Dismissal of Case 80008 by Ny State Board on Electric Generation Siting Re Environ Compatibility ML19340B3861980-10-16016 October 1980 Withdraws 781109 CP Application.Cites State of Ny Siting Board 800523 Denial of Motion for Rehearing of 791012 Order, Dismissing Case in Which Applicant Sought Certificate of Environ Compatibility & Public Need,As Prime Motivator ML19323H0361980-05-23023 May 1980 Order by State of Ny Board on Electric Generation Siting & Environ,Denying Application for Rehearing.Proceeding Closed Due to Substantial Uncertainty About Facility Ownership. Related Correspondence ML19260C3971979-12-0303 December 1979 Reply in Opposition to Applicants 791112 Motion for Rehearing Re Ny State Siting Board Dismissal of Proceeding. Applicants Failed to State New Arguments.No Beneficial Purpose Will Be Served by Rehearing.Certificate of Svc Encl ML19291B8871979-11-21021 November 1979 Statement in Opposition to Applicants 791112 Motion for Rehearing Re ASLB Order Dismissing Application.Applicants Failed to Establish Present Intention to Build Plant. Certificate of Svc Encl ML19211A2321979-11-20020 November 1979 Notice by Ny State Board on Electric Generation Siting & Environ.Replies to Utils' Application for Rehearing of ASLB Order Dismissing Application for Certificate of Environ Compatibility Will Be Accepted If Filed by 791203 ML19210E7551979-11-12012 November 1979 Requests for Reversal of Ny State Board on Electric Generation Siting & Environ 791012 Dismissal of Application Or,If Reversal Denied,For Rehearing.Ownership of Proposed Station Did Not Constitute Sufficient Grounds for Dismissal ML19253C1931979-10-29029 October 1979 Motion for Indefinite Delay in Proceeding.Case 80008 Before Ny State Board on Electric Generation Siting & Environ Dismissed on 791012.Urges Deferral Until Applicants' Motion for Case 80008 Rehearing Decided.Ny State Order Encl ML19250C3801979-10-17017 October 1979 Notice to Parties by State of Ny Board on Electric Generating Siting & State Environ Dept of Public Svc. Contrary to Board 791001 Order Re Discussion of Application, Proceeding Will Continue & PASNY 791016 Argument Considered ML19209D0631979-10-12012 October 1979 Order Dismissing Application by Ny State Electric & Gas Corp & Lilco for Certificate of Environ Compability & Public Need to Construct Plant.Applicants Have Not Demonstrated Statewide Need for Facility ML19260A4261979-10-12012 October 1979 Order by State of Ny Board on Electric Generation Siting & Environ Dismissing Ny State Electric & Gas Corp & Lilco Application for Environ Capability Certificate & for Public Need to Construct Facility ML19254E6481979-10-0202 October 1979 Notice Issued by Board on Electric Generation Siting & Environ of Ny Dept of Public Svc Re Util Application for Certificate of Environ Compatibility.Public Meeting Will Be Held 791012 in Albany,Ny,Re Termination of Proceeding ML19210B7681979-10-0101 October 1979 Memorandum on Standing of County of Columbia,Town of Stuyvesant,Concerned Citizens for Safe Energy & Mid-Hudson Nuclear Opponents.Members Reside in Geographic Vicinity & Involved in Specialized Ny Electric Energy Issues ML19259D3941979-10-0101 October 1979 Suppl to Petition to Intervene Submitting Revised Contentions.Includes Allegation That Assessment & Other Related Matters Re Alternative Fuel Sources,Submitted by Applicant to Nrc,Are Inadequate ML19275A5151979-08-16016 August 1979 Opposes Briefs of Intervenors State of Ny Atty General, Public Svc Commission & Ecology Action of Oswego Submittal in Response to Util Brief in Opposition to Interlocutory Appeal.Certificate of Svc Encl ML19209A9321979-08-0606 August 1979 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 ML19253B2991979-08-0606 August 1979 Answers Util 790725 & Ny Dept of Environ Conservation Responses to Public Svc Commission 790710 Order Re Intervenor Ecology Action of Oswego Motion for Dismissal of Application.Urges Dismissal.W/Certificate of Svc ML19209B8591979-08-0303 August 1979 Brief Submitted by Intervenor State of Ny in Response to Util 790725 Brief.Supports Intervenor Ecology Action of Oswego Interlocutory Appeal Re Dismissal of Util 781122 Application.Certificate of Svc Encl ML19209A5781979-08-0202 August 1979 Response to NRC & Applicant Briefs Re 790713 Amended Petition to Intervene.Nrc Response Inadequate.Requests ASLB Expand Geographical Area Under Consideration,Based on Radiation Measured During Actual Event ML19209B4381979-08-0202 August 1979 Town of Gardiner,Ny Response to NRC & Applicant Briefs Re Town of Gardiner 790713 Amended Petition to Intervene.Nrc Should Recommend Town of Gardiner as Intervenor & Extend Intervention Limit from 50 to 200 Miles ML19208C3741979-07-25025 July 1979 Brief in Opposition to Intervenor Ecology Action of Oswego 790426 Interlocutory Appeal Re 790413 Denial of Motion to Dismiss Application.Applicant Should Have Opportunity to Prove Case.Certificate of Svc Encl ML19253B3511979-07-23023 July 1979 Request,Submitted by Intervenor Town of Kinderhook,That Ny State Board on Electric Generation Siting & Environ Dismiss Util Application.Grounds for Dismissal Thoroughly Stated by Intervenor Ecology Action of Oswego ML19209B3751979-07-23023 July 1979 Brief on Behalf of Town of Kinderhook Recommending That Application for OL Be Dismissed for Reasons Stated by Ecology Action of Oswego & Ny State Public Svc Commission ML19208C3701979-07-16016 July 1979 Request,Submitted by Intervenors Columbia County,Town of Stuyvesant & Concerned Citizens for Safe Energy,For Extension to File Supplemental Memo & for Investigation Into Applicant Intentions to Pursue Application ML19208C3281979-07-13013 July 1979 Memorandum Submitted by Applicant Re Standing of Intervenors Citizens for Safe Energy,Mid-Hudson Nuclear Opponents,Ulster County Environ Mgt Council & Town of Gardiner.Responds to E Mead & Town of Conesville 790619 Petition ML19261E7471979-07-11011 July 1979 Order Certifying Intervenor Ecology Action of Oswego 790426 Interlocutory Apppeal to Ny State Board for Electric Siting & Environ W/Recommendation for Dismissal of CP Proceedings. Application Is Premature & Legally Insufficient ML19207B4741979-07-10010 July 1979 Statement of State of Ny Dept of Environ Conservation Per 16NYCRR70.20.Lists Alternate Sites & Modes of Generation. Fossil Alternative Site Must Be Considered in Conjunction W/Use of refuse-derived Fuel ML19275A0741979-07-0505 July 1979 Notice Per 16NYCRR70.20.Columbia County,Ny,Town of Stuyvesant & Concerned Citizens for Safe Energy Will Testify Re Alternate Site,Facilities & Source of Power as Discussed in Draft Eis.Certificate of Svc Encl ML19207B5561979-06-27027 June 1979 Comments by State of Ny Dept of Public Svc on Proposed Protocol for Conduct of Joint Hearings Before NRC & Ny State Board on Electric Generation Siting & Environ Issue. Identification Should Occur After Issuance of Des ML19276G6081979-06-26026 June 1979 Reaffirms 790611 Comments.Application Is Summary of Util Findings & Conclusions.Nrc & Intervenors Must Develop Record on Which Siting Board Will Make Final Decision ML19247A8531979-06-26026 June 1979 Response to Util 790611 Proposed Joint Protocol & Discovery Rules Submitted by Intervenors Columbia County,Town of Stuyvesant & Concerned Citizens for Safe Energy.Definitions of Issues Violate NRC Rules ML19208C6421979-06-20020 June 1979 Interlocutory Appeal on Denial of 790320 Motion for Dismissal.Case 80008 Should Be Dismissed for Reasons Set by Ecology Action of Oswego ML19225C7461979-06-19019 June 1979 Resolution Authorizing County Legislature Chairman to File W/Nrc Appropriate Petition & Other Documents on Behalf of County,So as to Become party-at-interest Re Ny State Electric & Gas Co Application for Two Nuclear Units ML19241C0051979-06-14014 June 1979 Intervention Statement Offered at 790614 Public Comment Session ML19225A3581979-06-11011 June 1979 Support for NRC & State of Ny 790427 Proposed Protocol for Joint Hearings Submitted by Ecology Action of Oswego. Suggests Mod for Joint Hearings Discovery Process,Memo of Understanding,Schedule & Procedure for Joint Mailings ML19225C1051979-06-11011 June 1979 Ny Dept of Public Svc Reply to Comments Offered by Various Parties at 790523 Prehearing Conference on Proposed Joint Protocol in Case 80008 ML19224D7131979-05-31031 May 1979 Certification That 790319 Petition to Intervene & 790510 Contentions Truly Set Forth Position of Mid-Hudson Nuclear Opponents,Inc ML19241B3301979-05-29029 May 1979 Contentions Re Site Selection.Util Has Underestimated Multiple Generation Units,Has Not Considered Proximity to Schools & Has Discriminated Against Rural Populace ML19241B3331979-05-29029 May 1979 Contentions of Safe Energy for New Haven Re Environ Matters. Util Inadequately Determined Energy Needs,Has Not Performed Sufficient Research on Alternative Sources of Energy & Has Not Assessed Impact of Accident or Kv Lines ML19241B1221979-05-18018 May 1979 Initial Util Answer to Intervenor Contentions.Identifies Contentions Which Can Be Presented Unopposed at 790523 Prehearing Conference.Seeks ASLB Extension for Filing Supplemental Answers.Certificate of Svc Encl ML19224B8681979-05-11011 May 1979 Submits 40 Contentions as Suppl to Petition to Intervene Re Need for Addl Power,Consideration of Alternatives,Site Selection Process,Impact on Existing Health Facilities, Financial Capacity & Effect on High Voltage Transmissions ML19242A4251979-05-11011 May 1979 Amend to 790313 Petition to Intervene,Adding New Considerations ML19269E3671979-05-10010 May 1979 Submits Specific Contentions Re Environ & Radiological Concerns.Assessment of Impact on Farmland Is Inadequate Re Estimation of Value & Use of Land & Adverse Impact of Dust, Noise,Litter & Traffic on Area Agriculture ML19242A6381979-05-0909 May 1979 Resolution 112 Objecting to Location of Public Hearings Outside of County ML19224B8141979-05-0707 May 1979 Ny Dept of Public Svc Response to Ecology Action of Oswego Interlocutory Appeal of Denial of Motion for Dismissal of Application.Recommends Denial of Appeal ML19224B7091979-05-0404 May 1979 Request by Util for Denial of 790313 Petitions to Intervene. Filed by Town of Gardner & Ulster County Environ Mgt Council.Petitions Lack Standing & Fail to Justify Discretionary Intervention.Certificate of Svc Encl ML19224B7001979-04-27027 April 1979 Proposed Protocol for Joint Hearing Before NRC & Ny State Board on Electric Generation Siting & Environ Re Common Issues in Const Applications of Long Island Lighting Co & Ny State Elec & Gas Corp 1980-05-23
[Table view] Category:PLEADINGS
MONTHYEARML20008E0251980-10-16016 October 1980 Withdrawal of 781109 Application to License nuclear-fueled Generation Station at New Haven or Stuyvesant Sites,Due to Dismissal of Case 80008 by Ny State Board on Electric Generation Siting Re Environ Compatibility ML20008E0211980-10-16016 October 1980 Motion to Terminate Proceeding Due to Dismissal of Case 80008 by Ny State Board on Electric Generation Siting Re Environ Compatibility.Attempts to License nuclear-fueled Plants at New Haven or Stuyvesant Sites Abandoned ML20008E0291980-10-16016 October 1980 Withdrawal of 781109 Application to License nuclear-fueled Generation Station at New Haven or Stuyvesant Sites,Due to Dismissal of Case 80008 by Ny State Board on Electric Generation Siting ML19260C3971979-12-0303 December 1979 Reply in Opposition to Applicants 791112 Motion for Rehearing Re Ny State Siting Board Dismissal of Proceeding. Applicants Failed to State New Arguments.No Beneficial Purpose Will Be Served by Rehearing.Certificate of Svc Encl ML19291B8871979-11-21021 November 1979 Statement in Opposition to Applicants 791112 Motion for Rehearing Re ASLB Order Dismissing Application.Applicants Failed to Establish Present Intention to Build Plant. Certificate of Svc Encl ML19210E7551979-11-12012 November 1979 Requests for Reversal of Ny State Board on Electric Generation Siting & Environ 791012 Dismissal of Application Or,If Reversal Denied,For Rehearing.Ownership of Proposed Station Did Not Constitute Sufficient Grounds for Dismissal ML19253C1931979-10-29029 October 1979 Motion for Indefinite Delay in Proceeding.Case 80008 Before Ny State Board on Electric Generation Siting & Environ Dismissed on 791012.Urges Deferral Until Applicants' Motion for Case 80008 Rehearing Decided.Ny State Order Encl ML19210B7681979-10-0101 October 1979 Memorandum on Standing of County of Columbia,Town of Stuyvesant,Concerned Citizens for Safe Energy & Mid-Hudson Nuclear Opponents.Members Reside in Geographic Vicinity & Involved in Specialized Ny Electric Energy Issues ML19259D3941979-10-0101 October 1979 Suppl to Petition to Intervene Submitting Revised Contentions.Includes Allegation That Assessment & Other Related Matters Re Alternative Fuel Sources,Submitted by Applicant to Nrc,Are Inadequate ML19275A5151979-08-16016 August 1979 Opposes Briefs of Intervenors State of Ny Atty General, Public Svc Commission & Ecology Action of Oswego Submittal in Response to Util Brief in Opposition to Interlocutory Appeal.Certificate of Svc Encl ML19209A9321979-08-0606 August 1979 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 ML19253B2991979-08-0606 August 1979 Answers Util 790725 & Ny Dept of Environ Conservation Responses to Public Svc Commission 790710 Order Re Intervenor Ecology Action of Oswego Motion for Dismissal of Application.Urges Dismissal.W/Certificate of Svc ML19209B4381979-08-0202 August 1979 Town of Gardiner,Ny Response to NRC & Applicant Briefs Re Town of Gardiner 790713 Amended Petition to Intervene.Nrc Should Recommend Town of Gardiner as Intervenor & Extend Intervention Limit from 50 to 200 Miles ML19209A5781979-08-0202 August 1979 Response to NRC & Applicant Briefs Re 790713 Amended Petition to Intervene.Nrc Response Inadequate.Requests ASLB Expand Geographical Area Under Consideration,Based on Radiation Measured During Actual Event ML19253B3511979-07-23023 July 1979 Request,Submitted by Intervenor Town of Kinderhook,That Ny State Board on Electric Generation Siting & Environ Dismiss Util Application.Grounds for Dismissal Thoroughly Stated by Intervenor Ecology Action of Oswego ML19208C3701979-07-16016 July 1979 Request,Submitted by Intervenors Columbia County,Town of Stuyvesant & Concerned Citizens for Safe Energy,For Extension to File Supplemental Memo & for Investigation Into Applicant Intentions to Pursue Application ML19208C3281979-07-13013 July 1979 Memorandum Submitted by Applicant Re Standing of Intervenors Citizens for Safe Energy,Mid-Hudson Nuclear Opponents,Ulster County Environ Mgt Council & Town of Gardiner.Responds to E Mead & Town of Conesville 790619 Petition ML19207B4741979-07-10010 July 1979 Statement of State of Ny Dept of Environ Conservation Per 16NYCRR70.20.Lists Alternate Sites & Modes of Generation. Fossil Alternative Site Must Be Considered in Conjunction W/Use of refuse-derived Fuel ML19207B5561979-06-27027 June 1979 Comments by State of Ny Dept of Public Svc on Proposed Protocol for Conduct of Joint Hearings Before NRC & Ny State Board on Electric Generation Siting & Environ Issue. Identification Should Occur After Issuance of Des ML19276G6081979-06-26026 June 1979 Reaffirms 790611 Comments.Application Is Summary of Util Findings & Conclusions.Nrc & Intervenors Must Develop Record on Which Siting Board Will Make Final Decision ML19247A8531979-06-26026 June 1979 Response to Util 790611 Proposed Joint Protocol & Discovery Rules Submitted by Intervenors Columbia County,Town of Stuyvesant & Concerned Citizens for Safe Energy.Definitions of Issues Violate NRC Rules ML19208C6421979-06-20020 June 1979 Interlocutory Appeal on Denial of 790320 Motion for Dismissal.Case 80008 Should Be Dismissed for Reasons Set by Ecology Action of Oswego ML19225C7461979-06-19019 June 1979 Resolution Authorizing County Legislature Chairman to File W/Nrc Appropriate Petition & Other Documents on Behalf of County,So as to Become party-at-interest Re Ny State Electric & Gas Co Application for Two Nuclear Units ML19241C0051979-06-14014 June 1979 Intervention Statement Offered at 790614 Public Comment Session ML19225C1051979-06-11011 June 1979 Ny Dept of Public Svc Reply to Comments Offered by Various Parties at 790523 Prehearing Conference on Proposed Joint Protocol in Case 80008 ML19225A3581979-06-11011 June 1979 Support for NRC & State of Ny 790427 Proposed Protocol for Joint Hearings Submitted by Ecology Action of Oswego. Suggests Mod for Joint Hearings Discovery Process,Memo of Understanding,Schedule & Procedure for Joint Mailings ML19241B3301979-05-29029 May 1979 Contentions Re Site Selection.Util Has Underestimated Multiple Generation Units,Has Not Considered Proximity to Schools & Has Discriminated Against Rural Populace ML19241B3331979-05-29029 May 1979 Contentions of Safe Energy for New Haven Re Environ Matters. Util Inadequately Determined Energy Needs,Has Not Performed Sufficient Research on Alternative Sources of Energy & Has Not Assessed Impact of Accident or Kv Lines ML19241B1221979-05-18018 May 1979 Initial Util Answer to Intervenor Contentions.Identifies Contentions Which Can Be Presented Unopposed at 790523 Prehearing Conference.Seeks ASLB Extension for Filing Supplemental Answers.Certificate of Svc Encl ML19224B8681979-05-11011 May 1979 Submits 40 Contentions as Suppl to Petition to Intervene Re Need for Addl Power,Consideration of Alternatives,Site Selection Process,Impact on Existing Health Facilities, Financial Capacity & Effect on High Voltage Transmissions ML19242A4251979-05-11011 May 1979 Amend to 790313 Petition to Intervene,Adding New Considerations ML19269E3671979-05-10010 May 1979 Submits Specific Contentions Re Environ & Radiological Concerns.Assessment of Impact on Farmland Is Inadequate Re Estimation of Value & Use of Land & Adverse Impact of Dust, Noise,Litter & Traffic on Area Agriculture ML19242A6381979-05-0909 May 1979 Resolution 112 Objecting to Location of Public Hearings Outside of County ML19224B8141979-05-0707 May 1979 Ny Dept of Public Svc Response to Ecology Action of Oswego Interlocutory Appeal of Denial of Motion for Dismissal of Application.Recommends Denial of Appeal ML19224B7091979-05-0404 May 1979 Request by Util for Denial of 790313 Petitions to Intervene. Filed by Town of Gardner & Ulster County Environ Mgt Council.Petitions Lack Standing & Fail to Justify Discretionary Intervention.Certificate of Svc Encl ML19224A6871979-04-0303 April 1979 Answer Seeking Denial of 790319 Petition to Intervene Filed by Mid-Hudson Nuclear Opponents,Inc.Certificate of Svc Encl ML19224A7021979-03-20020 March 1979 Answer to Intervention Petitions of Various Groups,Including Ny State Energy Ofc,Oswego County Farm Bureau,Ecology Action & Safe Energy for New Haven.Certificate of Svc Encl ML19224A6771979-03-19019 March 1979 Mid-Hudson Nuclear Opponents' Petition to Intervene as Full Party Re Alternate Site Considerations,Need for Facility, Financial Qualifications of Applicants & Cost of Proposed Plant ML19224A6981979-03-16016 March 1979 Petitions to Intervene in Proceeding.Asserts Health & Safety Will Be Adversely Affected by Plant ML19224A6831979-03-12012 March 1979 Petition to Intervene,Submitted by Columbia County,Ny,Town of Stuyvesant,Ny & Concerned Citizens for Safe Energy,Inc ML19224A6851979-03-12012 March 1979 Supports Petition to Intervene Submitted by Columbia County, Ny,Town of Stuyvesant,Ny & Concerned Citizens for Safe Energy,Inc.Notice of Appearance & Certificate of Svc Encl ML19224A6991979-03-0808 March 1979 Petitions to Intervene in Proceeding.Asserts Health & Safety Will Be Adversely Affected by Plant ML19224A5971979-03-0505 March 1979 Ny State Energy Ofc'S Petition to Participate as Interested State.Certificate of Svc Encl 1980-10-16
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NE'.1 YORK STATE BOARD ON ELECTRIC GENERATION SITING AND THE ENVIRONMENT
---_..---------------------------X Application of the NEW YORK STATE ELECTRIC :
- f. GAS CORPORATION and the LONG ISLAND LIGHTING COMPANY pursuant to Article VIII :
of the Public Service Law for a certificate
, of environmental compatibility and public : CASE No. 80008 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. :
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STATEMENT OF ATTORNEY GENERAL IN OPPOSITION TO APPLICANTS'
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ROBERT ABRA'TS Attorney General of the State of New
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v 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 of environnental compatibility and public : CASE NO. 80008
. need to construct two 1250-negawatt nuclear generating units in the Town of New Haven, :
Oswego County, or at an alternate site in the Tcwn of Stuyvesant, Columbia County. :
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STATEMENT OF ATTORNEY GENERAL IN OPPOSITION TO APPLICANTS' MOTION FOR REHEARING This statement is submitted by Attorney General Robert Abrams in opposition to the motion by applicant, dated November 12, 1979, for rehearing of the Boarri's order dismissing their app,lication. The Attorney General submits that the motion does not raise any new matters to justify a rehearing.
ARGUMENT Applicants mis-state this Board's ruling. The - -
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~~97-Board did 'not say ._th'at 'the~ ~ ownership -pla:t set 'fo'rt@ in- . --- ~ ' ~
the application could never be. altere,d to meet future con- ~
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--- dition5'.'~Hodeved,=-despite thebossibi-lity- of future change,
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,_ .the, Board, should_linsi_st thati .at_cach_ poi.nLin the proceeding ,
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' 'it has"before-it applicants who'ahe then ready,' able and eee . .
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willing to build the proposed plant if approval is ob-tained. The Board should not consider an application by a dummy company which has no present intention to build the plant. Since LILCO evidently has no such intention, and NYSE&G has not said it would proceed without a
, partner, there are no viable applicants before the Board.
Nor is there clear evidence that serious applicants will emerge in the future. .
Ownership of the facility must be known before the application to this Board can even be completed. An application for a certificate of environmental compatibility and public need must contain very detailed information about the prospective owner of,_and proposed use for, the facility.
So long as the issues of ownership and use are not resolved, this vital information cannot be provided or reviewed.
Applicants say that "nowhere in Article VIII is the word ' owners' or ' ownership' used" (motion, p. 7) .
However, the regulations plainly require detailed information
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about the applicants' own needs and capacity.' 16 NYCRR S 72.l(a) ,
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- '(c) , }(d) , (e) . ana.. (h) ...-. .ac This . . refute's-
,. e . . - n-ythe- claim .thati only public need, rather than the owners' need, must be. established.
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While ownership is in " doubt, those issues cannot be addressed.
#__..Moreover,?the question of whether:the owners posse'ss-the -J' -- -
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necessary technical e::pertise, financial security, re-liability and competence cannot be considered in the absence of real applicants.
Applicants' claim that they were denied due process because their own testimony in the Jamescort case was relied on is absurd.- Applicants were obviously familiar with that testimony, and had one opportunity af ter another to refute it, but never did. They argued before this Board that the testimony was misinterpreted, but did not put in evidence proving LILCO's current intention to proceed with this project. Again, in their current motion, they have failed to put in such proof. They should not be given another chance to do so.
Applicants suggest that their November 1978 application should be accepted as proof of current intent, but that can hardly refute the Jamescort testimony filed several months later that there was no such current intent.
Indeed, the Jamescort statement said that as of February 1979 applicants did "not g know whether it will prove to be de-sirable~for LILCO~to' join Tithl YSEsG' in~Eui'ldin'g and owning
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New Haven"* - sugg:esting .that even at _the time the application ~'
was filed.in November 1978 LILCO was not fully committed to theproject[ * ~'-' ~ ~ ~ ~ ~ ' ' " ~ ~ " " -'
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Applicants' recuest that environnental hearings be held despite the absence of a viable application is baseless. It would be a waste of time for the Board and staf f of the Public Service Cornission and other State agencies, as well as other parties, to present evidence on
, the environnental impacts of a project which is not about to be built and for which proposed owners are lacking. It is not known if serious applicants to build the plant as now proposed will ever appear. Therefore, holding hearings on the disnissed application would be pointless.
CONCLUSION It is accordingly requested that the notion for rehearing be denied-in all respect.
Dated: Mew York, New York November 21, 1979 Respectfully submitted, 4
Uad h UjliUglj MI ROBERT ABRAMS Attorney General of the State of New York 2 World Trade Center.
New York, New York 10047
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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 Articla VIII :
of the Public Service Law for a certificate of environmental compatibility and public :
need to construct two 1250-megawatt nuclear generating units in the Town of New Haven, : \ \,p' g e_.
' fi, Oswego County, or at an alternate site in // .3 the Town of Stuyvesant, Columbia County. :
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CERTIFICATION OF SERVICE 95/j STATE.OF NEW YORK )
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COUNTY OF NEW YORK ) ,
This is to certify that a true copy of the annexed Statement of Attorney General Robert Abrams in Opposition to Applicants' Motion for Rehearing was served upon the persons appearing on the attached list by depositing in a post office box regularly maintained by the Government of the United States in the County of New York, State of New York, on November 21, .
1979,-or. in the case- of New York State agencies,-was on that.
date- sent either' by such mailing or bv 'deposi ting in the - - - -
-State 's -internal'. mail ~ systen.. _
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Seymour Wenner, Esq., Chairman Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Oscar H. Paris, Member Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555
. Dr. Walter H. Jordan, Member Atomic Safety and Licensing Board 881 West Guter Drive Oak Ridge, Tennessee 37830 Thomas R. Matias Administrative Law Judge New York State Department of Public Service Empire State Plaza Agency Building No. 3 Albany, New York 12223 Dr.. Sidney A. Schwartz New York State Department of Environmental Conservation 50 Wolf Road Albany, New York 12233 Robert Grey, Michael Flynn and Craig Indyke, Staff Counsel New York State Department of Public Service Empire State Plaza Albany, New York 12223 Stephen H. Lewis, Esq.
Marcia E. Mulkey, Esq. ,
Office .of.. Executive.. Legal Direqtor_- . . , , -.
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.Roderick-Schutt, Esq. ~ ~
. . _ _ _ Huber,-Magill, Lawrence-&_Earrell ." -
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. , , 99 Park Avenue _. p- 2. -- '* - -
New York, New York 10016 .
Stanley B. Kli: berg, Acting Counsel New York State Energy Office 2 Rockefeller Plaza Albany, New York 12223 David A. Engel, Esq.
New York State Department of Environmental Conservation 50 Wolf Road Albany, New York 12233 Ms. Linda Clark Safe Energy for New Haven Box #22 - RD #1 Mexico, New York 13114 Ecology Action c/o Helen Daly W. River Road, RD #5 Oswego, New York 13126 Mrs. Nancy K. Weber Oswego County Farm Bureau RD #3 Mexico, New York 13114 Robert J. Kafin, Esq.
Attorney for Columbia County, Town of Stuyvesant & Concerned Citizens for Safe Energy, Inc.
Miller, Mannix, Lemery & Kafin 11 Chester Street P.O. Box 765 Glens Falls, New York 12801 Mr. William Keeping Supervisor
-Town of Gardiner
- Gardiner, N_ew York _12525
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. _ _ ; ._ . Dr.-Stephen J. Egemeier ~
- Chairman "~ '
Ulster County Environmental ~-
danagement; Council .
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., L' ._. 300 Slatbush . Avenue .- -- -
Kingston, Ne9 York- 12401 -
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Peter-D.G." Brown '~ 2 "~
Chairman of the Board Mid-Hudson Nuclear Opponents P.O. Box 666 New Paltz, New York 12561 1532 15\
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Mr. Alman J. Hawkins County Planning Director Oswego County Planning Department 46 East Bridge Street Oswego, New York 13126 Ms. Barbara J. Campbell Village Clerk Village of Mexico
' P.O. Box 26 '
Mexico, New York 13114 Richard P. Feirstein, Esq.
New York State Department of Agriculture and Markets State Campus Albany, New York 12235 Ms. Susan Link R.D. 1, Dewey Road Mexico, New York 13114 Edward M. Barrett, General Counsel Long Island Lighting Company 250 Old Country Road Mineola, New York 11501 Mr. Michael J. Ray New York State Electric and Gas Corp.
4500 Vestal Parkway East Binghamton, New York 13902 Henry G. Williams, Director of State Planning ,
New York State Department of State 162 Washington Avenue .,
. Albany,.tlew York
_, 12231 ' - - -
Samuel J. Abate,~ E$Aecutive Direcror Hudson River. Valley Connission The Governor,Nelsent A. Rockefeller' ~ -"~_ _ _ _' - _ _ ._., ._
. Empire State Plaza .
' Agency ~ Buil' ding No. 'l' '
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_ . _ _ . _. _ __ _. . :. . Alb any., - New York .12238 --
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Conmissioner New York State Departrent of Health Tower Buildinc - 14 th Floor Empire State Plaza Albany, New York 12237 Attn: Director - Office of Public Health Corr.issioner New York State Department of Corr.erce 99 Washington Avenue Albany, New York 12245 .
Mr. Robert Fickies Energy - Environmental Geology New York State Geological Survey Education Building Annex Albany, New York 12234 William Tyson - Executive Director St. Lawrence - Eastern Ontario Commission 317 Washington Street Watertown, New York 13601 Thomas E. Brewer, Director Rensselaer County Department Qf Healtit Troy, New York 12180 Mark R. Gibbs, Supervisor .
Town of Mexico S. Jefferson Street Mexico, New York 13114 Thomas G. Griffen , Esq.
Town of_Kinderhook '
- 7.' 5 42 Warren' stree t n"" 7 ~
._ -Hudson, New-York .12534 - -- - -
. . . . _ = - . . .
_ _ _ _ . _ _ _ . ..G. Jef fre;r Haber, _ Supervisor _.
1777 ColumbiF Turnpike _
Castleton,-New York _ 12033 .
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Ralph SchitdelI R5~resentative Town ofCoeymans Russel Avenue Ravena, New York 12143 s -
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James P. McGrath, Esq.
City of Oswego 33 East Utica Street Oswego, New York 13126 John D. Hotaling, President Columbia Co. Fruit Growers R.D. 1 Hudson, New York 12534 Vivian Rosenberg Box 274
- Walker Mill Road Germantown, New York 12526 Ms. Jeanne F. Fudala Ecology Action - Tompkins Co.
140 West State Street Ithaca, New York 14850 Ms. Anne F. Curtin Concerned Citizens for Safe Energy, Inc.
P.O. Box 83 Stuyvesant, New YorP. 12173 Commissioner Orin Lehman New York State Department of Parks and Recreation Th*e Governor Nelson A. Rockefeller Empire State Plaza Agency Building No. 1 Albany, New York 12238 H. Lee Davis, President Citizens to Preserve the Hudson Valley, Inc.
'- 'P.O. Box 412._ ' _
Catskill _, 'N6.{ York 12414
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Mrs. Jeffrey Braley, President .
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' ' ~- Columbia..Coun,tr Far.m. B_ur.e au . -
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Chathan,-New_ York :12437-
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Glenister,.ToyG Cle.rk.g.1
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Town of Ne'w HaVed. ~~ '
P.O. Box 115 New Haven, New York 13121 P00RORBNA,
Mr. Doug Buske Plunbers & Steanfitters Local No. 27 R.D. El Oswego, New York 13126 Reilly and Like, Esgs.
200 West Main Street Babylon, New York 11702 John M. Mowry, Esq.
Mowry, Mcwry & Seiter Main Street Mexico, New York 13114 . . -
Margaret A. Sprague, President Mexico Academy and Central School Mexico, New York 13114 Doris Brown League of Wocen Voters of Tompkins County 86 Oak Crest Road Ithaca, New York 14850 Samuel R. Madison, Secretary New York State Department of Public Service The Governor Nelson A. Rockefeller Empire State Plaza Agency Building No. 3 Albany, New York 12223 Atomic Safety and Licensing Board Panel
- U.S. Nuclear Regulatory Commission Washington,_D.C. 20555 _
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r;tAtomic 4afaty and : Licensing- .
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_ _ _ . . . __.__.__-i_ _ Appeal'@oard. Panel
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U.S. Nucl?ar;. Regulatory Commission - -
_Was,hington, D.C. *20555 , , _ _ _ _ _ , .,
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. Docketin'q';.and Service Section _
Office of the Secretary . . . .
'~'U.S. Nuclear 'Regulatch Comission
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Washington,fD.'C. 2 0 5 55' ' ~~
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Frederick E. Drake, Jr.
Rochester Gas and Electric Corporation 89 East Avenue Rochestur, New York 14649 9 q kJUL "
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