ML20028B928

Motion for Mod of Hearing Schedule,Delaying Hearings Until 820315.Hearing Dates as Scheduled Conflict w/830308 Emergency Exercise.Both Ny State & Suffolk County Witnesses Will Be Engaged in Exercise.Certificate of Svc Encl

ML20028B928
Person / Time
Site:	Indian Point
Issue date:	12/03/1982
From:	Feinberg J NEW YORK, STATE OF
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-SP, NUDOCS 8212070246
Download: ML20028B928 (8)

Text

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UNITED STATES OF AMERICA 00(METED

~ NUCLEAR REGULATORY COMMISSION LNNRC ATOMIC SAFETY AND LICENSING BOARD

'82 DEC ~6 p10:31 Before Administrative JudgesFo4 James P. Gleason, Chairman C S$f:cyI'shIfh d -- ;

Dr. Oscar H. Paris URANCH Frederick J. Shon In the Matter of )

)

CONSOLIDATED EDISON COMPANY )

OF NEW YORK, INC. )

) Docket Nos.

) 5 0-247 SP

)50-286SP POWER AUTHORITY OF THE STATE )

OF NEW YORK (Indian Point, ) . December 3, 1982 Unit No. 3) )

NEW YORK STATE'S MOTION FOR MODIFICATION OF HEARING SCHEDULE By Memorandum and Order of November 16, 1982 the Atomic Safety and Licensing Board set dates for hearings on Commission Questions Three ano Four. Unfortunately the hearing dates set conflict with the exercise scheduled for March 8, 1983. We therefore suggest that the Boaro's Order be modified so that hearings on Commission Questions Three and Four start on March 15, 1982, instead of March 1, 1982.

The Board's Order schedules hearings on Commission Questions Three and Four to begin on March 1, 1982 (pg. 23 of the Board's i Order). Three weeks are allotted for those hearings which are to be held on Tuesdays through Fridays. The exercise to test emergency planning preparedness required by NRC regulations 10 CFR 55 0. 47 (a) (14) is scheduled for March 8, 1982. New York State's 8212070246 821203 PDR ADOCK 05000247 []

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2 l witnesses on radiological emergency planning will be engaged in planning for the exercise prior to March 8, 1982. The three days following the March 8, 1982 exercise will be devoted to a review of the exercise. Thus New York State's witnesses cannot appear until the week of March 14th, the last week allotted for hearings.

If New York State was the only party with any conflict then the problem could be resolved by scheduling New York State's witnesses for the week of March 14th. However County personnel responsible for emergency planning will be involved in preparation for participation in an exercise and in the debriefing following participation in an exercise. These County personnnel are the likely witnesses for the Counties on emergency planning. It will be extremely difficult to coorainate the presentation of testimony if a number of important witnesses will be unavailable for a large portion of the time allotted. If the hearing schedule remains unchanged it is conceivable that some persons may be confronted with the choice between not testifying and limiting their participation in, or their observation of, the exercise. Both alternatives would be unacceptable choices.

The best solution to the possible problem of witness unavailability is to postpone hearing testimony on Commission Questions Three and Four until after the exercise and thus commence that portion of the hearings March 14th. This proposal will require that the hearings on Question Five begin one week later in order to give a one-week break after the three weeks allotted for Questions Three and Four. Also, hearings on Question Six should begin one l

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3 week later, allowing a one week bret:. after the week allotted for Question Five. If our proposal proves unacceptable to the Board then at the very least more time than one week should be allocated for testimony of the State, Counties and other persons concerned with the exercise on emergency planning issues.

For the reasons stated in this motion, as supported in the attached affidavit, we suggest that the hearing schedule be modified by beginning the hearing of testimony on Questions Three and Four on March 15, 1983.

Respectfully submitted, o

A D. +A y JONATHAN D. FEINBERG State Counsel NYS Department of Public Service Appearing for Stanley Klimberg General Counsel NYS Energy Office

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'82 DEC-6 A10:31 UNITED STATES OF AMERICA g, NUCLEAR REGULATORY COMMISSION cf f u-ATOMIC SAFETY AND LICENSING BOARD DOMj["CH'h V Sat.

Before Administrative Judges James P. Gleason, Chairman Dr. Oscar H. Paris Frederick J. Shon In the Matter of )

)

CONSOLIDATED EDISON COMPANY )

OF NEW YORK, INC. )

) Docket Nos.

)50-247SP

)50-286SP POWER AUTHORITY OF THE STATE )

OF NEW YORK (Indian Point, ) December 3, 1982 Unit No. 3) )

SUPPORTING AFFIDAVIT I, DONALD B. DAVIDOFF hereby affirm that:

1. I am the director of the Raciological Emergency Preparedness Group of the State of New York.

2. I submit this affidavit in support of New York State's Motion for Mocification of Hearing Schedule.

3. My co-worker Mr. Lawrence Czech and I plan to testify in 1

the above-captioned proceeding on behalf of the State of New York.

I

4. For a substantial period of time prior to March 8, 1983, including the week of February 28, 1983 my co-worker, Mr. Czech, i

all of my Staff and I will be involved in preparation for the offsite emergency planning exercise set for March 8, 1983, i

5. That on March 9, 10, 11, 1982 Mr. Czech all my staff and

s... .-

2 I will be involved in evaluation of the exercise.

6. That Mr. Czech and I cannot testify during the weeks of February 28, 1983 and March 7, 1983 without leaving undone tasks requiring our participation during and after the exercise.

7. That emergency planning personnel for the Counties located in the Indian Point Emergency Planning Zone and participating in the exercise will be involved in exercise planning, execution and review during the weeks of February 28th anc March 7th.

/ 'O/

B. DAV1fdfF

[ DO8AL Sworn to before'me this

, -day of December,1982.

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sl , * .i, . . , r , ,c t-M ARION Z. ZRELAK Neaty Pwer!c. Sta*e of tiew York C a.ir.ed in Atuany County Commemon Expues :Jarch 30,19.'.j

q. . A g NITED STATES OF AMERICA DOCKETED NUCLEAR REGULATORY COMMISSION USNRC BEFORETHEATCMICSAFETYANDLICENSINW 6 A10:30 In the Matter of ) T ', ~7 E:aaE CR Gb n..

1 SEFv

. a nd Docket Nos.~ 50'-247-SP CONSOLIDATED EDISON COMPANY )

OF NEW YORK (Indian Point, Unit 2) 50-286-SP

)

POWER AUTHORITY OF THE STATE OF 1 NEW YORK (Indian Point, Unit 3) ) ,

CERTIFICATE OF SERVICE I hereby certify that copies of NE1 YORK STATE'S MOTION TO MODIFY HEARING SCHEDULE were served upon the following persons by first class mail on December 3, 1982.

James P. Gleason, Esq. Paul F. Colarulli, Esq.

Administrative-Judge Joseph J. Levin, Jr., Esq.

513 Gilmore Drive _" Pamela S. Horowit:: , Esq.

Silver Springs, Maryland 20901 Charles Morgan, Jr., Esq.

Morgan Associates, Chartered 1899 L Street, N.W.

Dr. Oscar H. Paris Washington, D.C. 20036 Administrative Judge Atomic Safety and Licensing Board Charles M. Pratt, Esq.

U.S. Nuclear Regulatory Commission Thomas R. Frey, Esq.

Washington, D.C. 20555 Power Authority of the State

. of New York Mr. Frederick J. Shon 10 Columbus Circle Administrative Judge New York, NY 10019 Atcmic Safety and Licensing Board U.S. Nuclear Regulatory Ccmmission Ellyn R. Weiss, Esq.

Washington, D.C. 20555 William S. Jordan, III, Esq.

Harnon & Weiss Brent L. Brandenburg, Esq. 1725 I Street, N.W., Suite 506 Assistant General Counsel Washington D.C. 20006 Consolidated Edison Company of New York, Inc. Joan Holt, Project Director 4 Irving Place Indian Point Project New York, NY 10003 New York Public Interest Research Group Mayor George V. Begany 9.'urray Street Village of Buchanan New York, NY 10007 236 Tate Avenue Buchanan, NY 10511

.w.m .

John Gilroy, Westchester Coordinator Marc L. Parris, Esq.

Indian Point Project Eric Thorsen, Esq.

New York Public Interest County Attorney, County of Research Group Rockland 240 Central Avenue 11 New Hempstead Road White Plains, NY 10606 New City, NY 10956 Jeffrey M. Blum, Esq. Geoffrey Cobb Ryan New York University Law School Conservation Committee 423 Vanderbilt Hall Chairman, Director 40 Washington Square South New York City Audubon Society New York, NY 10012 71 West 23rd Street, Suite 1828 New York, NY 10010 Charles J. Maikish, Esq.

Litigation Division Greater New York Council on The Port Authority of Energy New York and New Jersey c/o Dean R. Corren, Director One World Trade Center New York University New York, NY 10048 26 Stuyvesant Street New York, NY 10003 Ezra I. Bialik, Esq.

Steve Leipsis, Esq. Honorable Richard L. Brodsky Environmental Protection Bureau Member of the County Legislature New York Stata Attorney Westchester County General's Office County Office Building Two World Trade Center White Plains, NY 10601 Naw York, NY 10047 Pat Posner, Spokesperson Alfred B. Del Bello Parents Concerned About Westchester County Executive Indian Point Westchester County P .O . Box 125 148 Martin Avenue Croton-on-Hudson, NY 10520 White Plains, NY 10601 Charles A. Scheiner,

Andrew S. Roffe, Esq. Co-Chairperson l

New York State Assembly Westchester People's Action l Albany, NY 12248 Coalition, Inc.

t P.O. Box 488 Renee Swartz, Esq. White Plains, NY 10602

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Botein, Hays, Sklar & Herzberg l Attorneys for Metropolitan Lorna Salzman l Transporation Authority Mid-Atlantic Representative l 200 Park Avenue Friends of the Earth, Inc.

New York, NY 10166 208 West 13th Street New York, NY 10011 Honorable Ruth Messinger Member of the Council of the Craig Kanlan, Esq.

City of New York National Emergency Civil District 44 Liberties Committee City Hall 175 Fifth Avenue - Suite 712 New York, NY 10007 New York, NY 10010

4,a .

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l Alan Latman, Esq. Ms. Amanda Potterfield, Esc. -

44 Sunset Drice Johnston &. George l

Croton-on-Eudson, NY 10520 Attorneys at Law 528 Iowa Avenue * ,

. .. Iowa City, Iowa 52240 Zipporah S. Fleisner , ,

West Branch Ccnservation Spence W. Perrf .

Association office of. General Counsel 443 Suena Vista Road Federal Ihergency Management Agency New City, NY 10956 500 Southwe'st Street' .

Washington, D.C. 20472 Judith Kessler, Coordinator Reckland Citizens for Safe Energy ,

300 New Hemostead Road -

New City, N. 6 109 Janice Moore , Esc.

Counsel for NRC 5taff David H. Pikus , Esq. Office of the Executive Richard I. Czaja, Esq. Legal Director U.S. Nuclear Regulatory 330 Madison Avenue Ccamisssion New York, NY 10017 Washington, D.C. 20555 Atcmic Safety and Licensing Board Stewart M. Glass U.S. Nuclear Regulatory Cccmission Regional Counsel Washingten , D.C. 20555 Federal Emergency Management Agency Atcmic Safety and Licensing Appeal New 26 Federal Plaza-Room 1349 Yod, NY 10278 Soard U.S. Nuclear Reculatory Ccmmission

- Mayor F. Webster Pierce D.C. 205 0 0 Was.ington, n village of Buchanan

. 236 Tate Avenue Docketing and Service Section Buchanan, NY 10511 Office of the Secretary U.S. Nuclear Regulatory Ccmmission David Duboff '

Washington, D.C. 20555 Westchester Peoples' Action

! Coalition Stephen Sh'olly 255 Grove Street

! Union of Concerned Scientists White Plains,-NY 10601 l Suite 1101 l

1346 Connecticut Avenue, N.W. '

Washington, D.C. 20036 Ruthanne G. Miller Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission

Washington, D.C. 20555 t

JONATHAN D. FEINBERG l . Staff Counsel NYS Public Service Commission