ML20024C373

Memorandum Opposing Pirg of New York Motion for Reconsideration of Commission 830610 Order.Pirg Should Not Be Permitted to Relitigate Arguments Fully Considered & Ruled Upon by Commission

ML20024C373
Person / Time
Site:	Indian Point
Issue date:	07/07/1983
From:	Brandenburg B CONSOLIDATED EDISON CO. OF NEW YORK, INC.
To:	NRC COMMISSION (OCM)
Shared Package
ML20024C374	List: ML20024C373 ML20024C378
References
ISSUANCES-SP, NUDOCS 8307120563
Download: ML20024C373 (3)

Text

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UNITED STATES OF AMERICA 7 8{p l NUCLEAR REGULATORY COMMISSION- 4

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COMMISSIONERS.

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yyypast. s Nunzio J. Palladino, Chairman 45 Victor Gilinsky jo ,

John P. Ahearne Thomas M. Roberts James K. Asselstine

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x In the Matter of  :

CONSOLIDATED EDISON COMPANY OF :

-NEW YORK (Indian Point, Unit No. 2)  : Docket Nos. 50-247-SP 50-286-SP POWER AUTHORITY OF THE STATE OF:

NEW YORK (Indian Point, Unit No. 3)  : July 7, 1983

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x CON EDISON'S MEMORANDUM IN OPPOSITION TO NYPIRG MOTION FOR RECONSIDERATION OF JUNE 10 ORDER Consolidated Edison Company of New York, Inc.,

licensee of Indian Point Unit 2 hereby responds in opposi-tion to the NYPIRG Motion for Immediate Reconsideration of the Commission's June 10, 1983 Order (the " June 10 Order").

On May 5, 1983, the Commission issued an order (the "May 5 Order") subjecting the licensees to enforce-ment action based on two offsite emergency planning ,

deficiencies cited on April 14, 1983 by the Federal Emergency Management Agency (" FEMA"). Those deficiencies B307120563 830707 '

PDR ADOCK 05000247 0;. PDR-3 503

related solely _to (1) lack of written commitments for bus availability in Westchester County; and (2) Rockland County's non participation in the formal State-sponsored emergency planning process.

There were but two issues before the Commisson on June 10: bus availability in Westchester County and Rockland County's formal non participation in the planning process. With respect to Westchester County, the Commission and FEMA were concerned about a lack of written commitments from bus operators. Those have been obtained, driver-training has been accelerated, and the licensees have. agreed to provide back-up drivers if necessary. In Rockland County, where State personnel proved to be effective substitutes for County personnel during the March 9, 1983 exercise, the State compensating plan has been rewritten to clarify the State role, and the licensees have identified employees who could substitute for County personnel, if needed.

After entertaining extensive oral and written presentations from the licensees, FEMA, governmental units, and numerous parties to the Special Proceeding, the Commission issued the June 10 Order finding that major steps had been taken to resolve the two significant deficiencies cited in its earlier May 5 Order. NYPIRG now belatedly requests that the Commission reconsider its June 10 Order.

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• . l NYPIRG should not be permitted to relitigate endlessly arguments which the Commission has already fully considered and laid to rest. The only matter raised by NYPIRG which could be considered at all new is the significance of work stoppages at con Edison to licensees' abilities to support the State of New York's compensating measures plan for Rockland County. As indicated in the attached letter from Con Edison's John D. O'Toole to H.W.

Crocker of NRC Region I dated July 1, 1983, this activity is going forward unimpeded and a great number of Con Edison employees have already been trained. To our knowledge, there have been no material changes in compensating measures planning for Rockland Couhty since the overall program was outlined to the Commission by the licensees and FEMA prior to the June 10 Order.

For all of the foregoing reasons, the NYPIRG Motion for Immediate Reconsideration should be denied.

Respectfully submitted,

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Brent L. Bra denburg /

Assistant General Couns41 CONSOLIDATED EDISON COf1PANY OF NEW YORK, INC.

4 Irving Place [

New York, New York 10003 (212)460-4333 Dated: New York, New York July 7, 1983

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