ML19322A036
| ML19322A036 | |
| Person / Time | |
|---|---|
| Site: | Green County  |
| Issue date: | 12/07/1978 |
| From: | Dworkin C NEW YORK, STATE OF |
| To: | Cole R, Ferguson G, Goodhope A HOWARD UNIV., WASHINGTON, DC, Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 7901020031 | |
| Download: ML19322A036 (1) | |
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n7' N:w York State Department of EnvironmentalConservation 50 Wolf Road, Albany, New York 12233 j
gy.';{r y ter A. A. Berle, 4
Commissioner December 7, 1978
N t The Honorable Donald F. Carson Andrew C. Goodhope, Esq.
Hearing Examiner Chairman Department of Environmental Atomic Safety & Licensing Board Conservation U.S. Nuclear Regulatory Commission Room 612 Washington, D.C.
20555 50 Wolf Road Albany, New York 12233 Dr. George A. Ferguson Professor of Nuclear Engineering The Honorable Edward D. Cohen Howard University Administrative Law Judge Washington, D.C.
20001 Public Service Ccemission Empire State Pla::a Dr. Richard F. Cole Atomic Safety & Licensing Board Albany, New York 12233 U.S. Nuclear Regulatory Cecnission Washington, D.C.
20555 Re: Docket No. 50-549/ Case No. 80006 Department of Public Service Motion to Incorporate 5149-b Testi=ony Gentlemen:
On August 22, 1978, the Department of Public Service (DPS) made a motion to have incorporated into this proceeding its testimony in the Public Service Under cover of a Commission's 5149-b proceeding, Case No. 27319-Phase II.
letter dated September 7, 1978, the Power Authority responded by stating, inter clia, ths.t the motion was premature.
As of November 30, 1978, a schedule was established for the submission testimony in the $149-b proceeding:
and cross-examination of non-utility direct submission is to be accomplished by January 5,1979, and cross-exa=1 nation will commence on February 13, 1979 i
Since these dates will blend with the schedule in the instant proceeding, While DEC we believe that incorporation may now be ripe for consideration.
i testi=ony
[
-has consistently asserted its preference to h.1ve all importantincorporation will l
heard by the joint Boards directly, it new appears thatSuch incorporation should be the most efficient and advantageous course.
be of the entire record compiled therein, rather than limited as suggested by DPS.
the record to be incorporated wculd be of the entire ptoceeding, Of course, not just that portion thus f ar ecmpiled.
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1 Page 2 Concurrently with DPS, the N.Y.9. Consumer Protection Board and National Consumer Law Center DEC will be offering a complete State-wide forecast in the $149-b case. That forum, therefore, will afford an opportunity for comparative analysis of differing assumptions, methodologies and projections.
Since State-wide loads and economics are central to Greene County need and conformance, the $149-b forum will also of fer a more comprehensive analysis for determination herein than would otherwise be afforded. Furthermore, all active parties herein are either parties to the 5149-b proceeding or may become parties by applying.
Consequently, full due process rights of cross-examination and rebuttal are available.
In that context, we note our agreement with PASNY that such rights must be assured.
Finally, we would note that our (and presumably other parties')
finances severely circumscribe our ability to present full, duplicate cases in both fora.
For the foregoing reasons, DEC hereby moves that the DPS motion be granted, with the modification that the entire Case No. 27319-Phase II record be incorporated herein. A favorable ruling at this juncture is necessary for all parties both to undertake resource allocation and to prepare for participation in the $149-b proceeding.
Sincerely,
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G d
r1 G. Dworkin Sector Attorney for Energy cc: All Parties I
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