ML20032C998
| ML20032C998 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 11/03/1981 |
| From: | Schwartz R NEW YORK, STATE OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-SP, NUDOCS 8111130285 | |
| Download: ML20032C998 (12) | |
Text
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NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Boa
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CONSOLIDATED EDISON COMPANY OF
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(8 NEW YORK (Indian Point,. Unit 2)
Docket Nos. 50-2,47 Si f
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" 8 POWER AUTHORITY OF THE STATE OF NEW YORK (Indian Point, Unit 3) v, " g;ymn J1
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PETITION OF THE METROPOLITAN TRANSPORTATION AUTHORITY FOR LEAVE TO INTERVENE PLEASE TAKE NOTICE, that pursuant to 10 C.F.R.
Section 2.714, g seq. governing interventions, the Metro-politan Transportation Authority ("MTA") requests permis-sion to intervene in this proceeding for the following reasons:
N 1.
The.MTA is a public benefit corporation and political subdivision of the State of New York.
The MTA was created to develop and improve commuter transportation and related services, and currently owns, operates or su-pervises the use of fa7.11.ities and equipment to that end.
N.Y.
Pub. Auth. Te, Ax. 34 t.
3 and Art. 5, t.
9, 11 N
5 (McKinney 1970
,.c op. 19E0-1981).
lf 8111130285 811103 DR ADOCK 05000247 g
3 ce 2.
That the nuclear power plant Indian Point, Unit 3, is. owned and run by the. Power Authority of the State of New York (PASNY), pursuant to state statutory authorization.
3.
That the electric power costs of the MTA, its affiliates and. subsidiaries, aggregate well over one hundred million dollars annually for approximately six hundred megawatts of power.
Pursuant to a contract en-tered into between PASNY and the MTA in 1976, most of that power is obtained from PASNY.
On information and belief, a substantial percentage of Indian Point,'dnit 3 output goes towards fulfillment of that contract.
4.
That this proceedin, was instituted pursuant to a petition of the Union of Concerned Scientists request-ing the permanent closure of the Indian Point nuclear Power Plants, including that owned and operated by the Power Authority of the State of New York.
5.
That any action taken by the Nuclear Regu-latory Commission (" Commission") will have a direct and immediate impact upon the MTA in that the MTA receives part of its power requirements from the subject plants.._ ___ -,
6.
That one of the various issues defined by
.the Commission in its January 8, 1981 order in this doc-ket was the question of economic impact on the region from a closure of the subject plants.
7.
'That pursuant to l'0 C.F.R. Section 2.715(c),
the presiding Officer is empowered to afford the repre-sentatives of any interested state, county, municipality and/or agencies thereof, a reasonable opportunity to par-ticipate and to introduce evidence, interrogate witnesses, and advise the Commission of perti.nent facts and informa-tion without requiring the representative to take a posi-tion with respect to the issues.
The representative can additionally participate on issues not raised directly by it.
Such part also allows for the filing by such partici-pant of proposed findings and exceptions.
8.
That the MTA herein moves for leave to in-tervene in the captioned proceedings pursuant to 10 C.F.R.
Section 2.715(c) with the reservation of the further right to move under 10 C.F.R. Section 2.714 for formal party status at such later time as its interest may require.
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9.
That the MTA isa political subdivision of the State of New York created for the benefit of the people of New York and to perform essential governmental func-tions.
The interests of the MTA as they may be affected by the Commission's actions in this proceeding cannot be adequately represented by any other party.
10.
That a denial of standing to intervene un-der 10 C.F.R.
Section 2.715 (c), with leave to intervene at such later time under 10 C.F.R. Section 2.714 as mat-ters may require, will cause serious prejudice to the MTA.
WHEREFORE, the MTA respectfully requests that the Commission issue an order permitting it to intervene pursuant-to 10 C.F.R.
Section 2.715 (c) with leave to in-tervene as a party under 10 C.F.R.
Section 2.714 at such future time as deemed appropriate by the MTA, and that the MTA be accorded all rights appropriate to its status as i
intervenor and further relief as may be necessary and ap-propriate in the circumstanc'es.
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Copies of h11 documents and communications I
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A should be addressed to, and service made on, the signa-tory below.
Dated:
NewYork,yewYork Respectfully submitted, November 3, 1981 BOTEIN, HAYS, SKLAR &
HERZBERG Attorneys for the Metro-politan Transportation Authority 200 Park Avenue New York, New York 10166 (212) 867-5500 By:
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- /L Renee Schwartz...... -
STATE OF NEW YORK
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ss.:
COUNTY OF NEW YORK' )
RENEE SCHWARTZ, being daly sworn, deposes and says:
That she is a member of the law firm of~Botein, Hays, Sklar & Herzberg; that she has executed the foregoing petition for leave to intervene on behalf of the Metro-politan Transportation Authority with full authority to do so; that she has read said petition and the statements set forth therein are true and correct to the best of her in-formation, knowledge and belief.
Renee Schwartz Subscribed and sworn to before
& ay of November, 1981 me this J d
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(Nota Public)
' ' NS Notary Pe5:';[~Fg"{sa &n Yo*
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board X
In the Matter of CONSOLIDATED EDISON COMPANT OF NEW YORK (Indian Point, Unit 2)
Docket Nos. 50-247-SP 50-286-SP POWER AUTHORITY OF THE STATE OF NEW YORK (Indian Point, Unit 3)
X NOTICE OF APPEARANCE Please enter the appearance of BOTEIN, EAYS, SKLAR & EERZBERG of 200 Park Avenue, New York, New York 10166, telephone (212) 867-5500, as attorneys for-inter-venor Metropolitan Transportation Authority, 347 Madison Avenue, New York, New York, in the above-entitled ackion.
Authorization for this appearance is contained in the af-fidavit of the Metropolitan Transportation Authority,
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4 appended. hereto.
Dated:
New York, New York November 3*, 1981 Respectfully submitted, BOTEIN, HAYS, SKLAR &.
HERZBERG Attorneys for Intervenor Metropolitan Transportation Authority By:
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Renee Schwart 200 Park Avenue New York, New York 10166 (212) 867-5500 i
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UNITED S2ATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board X
In the Matter of CONSOLIDATED EDISON COMPANY OF NEW YORK (Indian Point, Unit 2)
Docket Nos. 50-247-SP POWER AUTHORITY OF THE STATE OF 50-286-SP NEW YORK (Indian Point, Unit 3)
X AFFIDAVIT OF THE METROPOLITAN TRANSPORTATION AUTHORITY STATE OF NEW YORK
)
ss.:
COUNTY OF NEW YORK )
MARY P. BASS, being duly sworn, deposes and says:
Tha' she is General Counsel for the Metropolitan Transportation Authority ("MTA") and has her office at 347 Madison Avenue, New York, New York 10017, telephone number (212) 878-7210; that she is empowered to appoint outside counsel to represent the MTA in its legal affairs; and that she hereby attests to the appointment of i
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Botein, Hays, Sklar & Herzberg.of-200 Park' Avenue, New York, New York 10166, as attorneys for.the MTA in the above-entitled. action, with full authority to act on be-half of the MTA.
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Mary P. Bahs
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Subscribed and sworn to before me this h day of November, 1981 k < bAmt
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board X
In the Matter of CONSOLIDATED EDISON COMPANY OF NEW YORK (Indian Point, Unit 2)
Docket Nos. 50-247-SP POWER AUTHORITY OF THE STATE OF 50-286-SP NEW YORK (Indian Point, Unit 3)
V AFFIDAVIT OF SERVICE STATE OF NEW YORK
)
ss.:
COUNTY OF NEW YORK
)
LAURENS R. SCHWARTZ, being duly sworn, deposes and says:
That he is an employee of the firm of Botein, Hays, Sklar
& Herzberg, counsel for the Metropolitan Transportation Authority; that he has this day caused to be served the fore-going document upon all parties of record in this proceeding in accordance with the requirements of the Commission's Rules of Practive and Procedure.
The. foregoing document was served on the following:
The Office of the Executive Legal Director U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Mr. Loui* J. Carter Chairman, Administrative Jutge U. S. Nuclear Regulatory Connission Atomic Safety and Licensing Board Panel Washington, D.C.
20555-Dr. Oscar H. Paris Administrative Judge U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, D.C. 20555 Frederick J. Shon, Administrative Judge U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, D.C.
20555 Charles M.
Pratt, Assistant General Counsel Power Authority of the State of New York 10 Columbus Circle New York, New York 10019 Brent Brandenburg, Assistant General Counsel Consolidated Edison Company of New York 4 Irving Place New York, New York 10003 Ellyn R. Weiss, Esq.
Sheldon, Harmon, Rosman & Weiss Attornevs for the Union of Concerned Scientists 1725 I Street, N.W., Suite 506 Washington, D.C.
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The original and two copies were also 'cly filed with the following:
Secretary U. S. Nuclear Regulatory Commission Washington, D.C.
20555 1/
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Laurens %.' ScQartz BOTEIN, HAYS, SKLAR & HERZBERG Attorneys for the Metropolitan Transportation Authority 200 Park Avenue New York, New York 10166 Subscribed and sworn to before me this day of November, 1981 asAL>
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