ML20032B783
| ML20032B783 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 10/14/1981 |
| From: | Maikish C PORT AUTHORITY OF NEW YORK & NEW JERSEY |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20032B780 | List: |
| References | |
| ISSUANCES-SP, NUDOCS 8111060304 | |
| Download: ML20032B783 (5) | |
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M OCLKETED USM3C UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION g gg g.
- ATOMIC SAFETY AND LICENSING BOARD
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OFFICE OF SECRET /.RY Before Administrative Judges DOCKETmG & SERVKC UNA D Louis J. Carter, Chairman Dr. Oscar H. Paris Frederick J. Shon
_________________________________________________x 1
In the Matter of Docket Nos.
+
CONSOLIDATED EDISON COMPANY OF NEW YORK h
l (Indian Point, Unit 2)
POWER AUTHORITY OF THE STATE OF NEW YORK (Indian Point, Unit 3)
x PETITION OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY FOR LEAVE TO INTERVENE PLEASE TAKE NOTICE, that pursuant to 10 C.F.R. Section governing interventions, The Port Authority of New York 2.714 et. sec.
i and New Jersey (hereinafter referred to as " Port Authority") begs leave to intervene in the captioned proceeding and sets forth the following in support of said application:
1.
That the Port Authority is an agency of the States of New York and New Jersey, created by an interstate compact between them, to which Congress consented.
Ch. 154, Laws of N.Y.,
1921, 42 U.S. Stat. 174, (1921).
The Authority presently owns or operates various public terminals, transportation and other facilities of commerce in the statutorily defined Port of New York District.
i B111060304 811014 PDR ADOCK 05000247 G
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2.
That in September of 1976, the Port Authority entered I
into a contract with the Power Authority of the State of New York i
(PASNY) for the supply of firm power and energy for the Port Authority facilities located within the State of New York.
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3.
That pursuant to State Legislation, the Power Authority of the State of New York acquired Indian Point No. 3, a nac~aar power plant from Consolidated Edison Company of New York.
Indian Point Three is located in Westchester County in the State of New York.
4.
That this proceeding was instituted pursuant to a petition of the Union of Concerned Scientists requesting the permanent clo'su'Ee of the Indian Point Nuclear Power Plants, in-cluding that owned and operated by the Power Authority of the State of New York.
5.
That any action taken by the Nuclear Regulatory Commission will have a direct and immediate impact upor the Port Authority in that the Port Authority receives part of its power l
requirements from the subject plants.
6.
That not withstanding such direct and immediate I
interest, the operation of the Port Authority facilities is in all respects for the benefit of the people of the States of New York and New Jersey, for the increase af their commerce and prosperity, and for the improvement of their health and living conditions and i
that the Port Authority is regarded as performing an essential ~
governac.tt futa tion.
2.
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7.
That one of the various issues defined by the l
l Commission in its January 8, 1981 order in this docket was the question of economic impact on the region from a closure of the subj ect plants.
8.
That pursuant to 10 C.F.R. Section 2.715(c) the presiding Officer is in power to afford the representatives of any interested state, county, municipality, and/or agencies thereof, a reasonable opportunity to participate and to introduce evidence, interrogate witnesses, and advise the Cocuission of pertinent-facts and information without requiring the representative to take a position with respect to the issues.
Such part also allows for the filing by such participant of proposed findings and exceptions.
9.
That the Port Authority, pursuant to 10 C.F.R.
Section 2.715(c), herein moves for leave to intervene in the captioned proceeding as an " Interested State" with the reservation of the further right to move at such later time as its interest may require pursuant to the provisions of 10 C.F.R.
Section 2.714 for formal
" party" ra tus.
10.
That the interests of the Port Authority, as to which it may be bound or adversely affected by the Commissica's actions in this proceeding, are not adequately represented by any other party.
11.
That the denial of standing to the Port Authority to intervene as a " Interested State" with leave to intervene at such time, if its interests so dictate, as a party will cause serious 3.
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prejudice to the determination of its right.
WHEREFORE, The Port Authority of New York and New Jersey respectfully requests that the Commission issue an order permitting it to intervene herein as an " Interested State" with leave to intervene as a party at such future time as deemed appropriate by the Port Authority and allowing it to participate fully herein, with the right to have notice of and appear at any and all conferences and hearinc.s, to be served with all papers filed herein, to produce evidence and witnesses, to crocs-examine witnesses, to be heard by counsel or other representatives, and to file briefs, proposed findings of facts, and exceptions, and that it be granted such other and further relief as may be appropriate in the circumstances.
Copies of all documents and communications should be addressed to:
GENERAL COUNSEL The Port Authority of New York and N a Jersey One world Trade Center, 66S New York, New York 10048 i
Attention: Charles J. Maikish, Esq.
Dated: New York, New York October 14, 1981.
Respectfully submitted, PATRICK J. FALVEY General Counsel The Po t Authority of New York and New Jersey One World Trade Center, 66S New York Net York 10048
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COUNTY OF NEW YORK )
CHARLES J. MAIKISH, being duly sworn, deposes and says:
that he is an attorney in the office of Patrick J. Falvey, the Attorney and General Counsel for The Port Authority of New York and New Jersey; that he has read the foregoing document and is familiar with the contents tb 3reof; that he has executed the same on behalf of General Counsel for The Port Authority of New York and New Jersey with full authority to do so; and that the statements set forth therein are true and correct to' the best of his information, knowled e nd belief.
L nD EHARIAS R TAIKISH Subscribed and sworn to before me this g g day of October, 1981.
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n, C,'l Notary Public u l L t;.. ':- $."(;g2 CERTIFICATE OF SERVICE I, CHARLES J. MAIKISH, hereby certify that I have this day caused to be served the foregoing document upon all parties of record in this proceeding in accordance with the requirements of the Commission's Rules of Practice and Procedure.
Dated at New York, New York, this day of October, 1981.
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ES J. MAIKISH Of Counsel for The Port Authority of New York and New Jersey l
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