ML20032D040

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Request to Be Admitted as Party & Motion for Establishment of Procedures to Consider Petitions to Intervene.Certificate of Svc Encl
ML20032D040
Person / Time
Site: Indian Point  
Issue date: 11/06/1981
From: Brandenburg B
CONSOLIDATED EDISON CO. OF NEW YORK, INC.
To:
Atomic Safety and Licensing Board Panel
References
ISSUANCES-SP, NUDOCS 8111130323
Download: ML20032D040 (6)


Text

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OcCK2T NUDEER g.gd pyg PROD. & UTIL FAC..

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' ustFC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION M

.,;.~y-h ATOMIC SAFETY AND LICENSING BOARD

.r.:xa Before Administrative Judges:

Louis J. Carter, Chairman Dr. Oscar H.

Paris Frederick J. Shon

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In the Matter of

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CONSOLIDATED EDISON COMPANY OF NEW

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Docket Nos. 50-247-SP YORK, INC, (Indian Point, Unit 2)

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50-286-SP

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POWER AUTHORITY OF THE STATE OF NEW

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YORK (Indian Poittt, Unit 3)

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'A lt7~.%2 8 REQUEST TO BE ADMITTED AS A PARTY u,,(otu' 708/A AND MOTION FOR ESTABLISHMENT OF

'83I@% 'g PROCEDURES TO CONSIDER PETITIONS b'.

TO INTERVENE o/ g p

1.

Pursuant to the Memorandum and Order of the Atomic Safety and Licensing Board ("the Board") published j

in the Federal Register on October 7, 1981 (46 Fed.

Reg. 49688), Consolidated Edison Company of New York, Inc.

(" Con Edison"), holder of Commission operating' license DPR-26 and the owner and operator of the Indian Point Unit 2' nuclear power station, hereby requests to be admitted as a party to the proceeding.

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Copies of all notices, documents and com-y munications in this proceeding should be sent to the j

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Brent L. Brandenburg, Esq.

Assistant General Counsel Consolidated Edison Company of New York, Inc.

4 Irving Place - Room 1822 New York, New York 10003 Richard P. Remshaw Project Manager I

Consolidated Edison Company of New York, Inc.

4 Irving Place - Room 749-S New York, New York 10003 John D. O'Toole Vice President, Nuclear Engineering and Quality Assurance Consolidated Edison Company of New York, Inc.

4 Irving Place - Room 1402 New York, New York 10003 3.

Con Edison hereby requests copies of all petitions to intervene and requests to participate which are filed in this proceeding.

4.

Con Edison respectfully submits that the Board should establish a procedure whereby NRC Staff and licensees may receive, review and respond to petitions to intervene and requests to participate in advance of the Board.taking action with respe t thereto.

Pursuant to Section 2.714(c) of the Commission's Rules of Practice, 10 CFR 2.714(c), "any party to a proceeding may file an answer to a petition for leave to intervene within ten (10) days after service of the petition."

However, under the Commission's Memorandums and Orders dated January 8, 1981 (CLI-81-1, 13 NRC 1) and September 18, 1981 (CLI-81-22, 14 NRC__), and unlike the typical operat-.

'a ing license proceeding, until the disposition of requests to be admitted as parties, the only party to this proceeding is the NRC staff.

5.

Since Con Edison will not be a party to the proceeding until the filing of this request to be admit-ted as a party, it is likely that there may be petitions to intervene and requests to participate filed with the

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Commission of which Con Edison will be unaware.

In order to insure the expediticus resolution of this proceed-ing within the time frame specified in the January 8, 1981 and September 18, 1981 Commission's Memorandums and Orders, it is essential that.the Board ensures that all petitioners meet the standards required for intervention.

So as to preserve the parties' rights pursuant to 10 CFR 2.714 to challenge petitions to intervene, Con Edison moves for the establishment of a procedure to disseminate such petitions to parties to the proceeding, and for an orderly schedule affording parties an opportu-nity to answer.

WIIEREFORE, it is requested that the Board admit Con Edison as a party to the proceeding and grant its motion t

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relating to 10 CFR 2.714 in all respects.

Dated:

New York, New York November 6, 1981 Respectfully submitted, r

_a ash BRENT L. BRANDENBUR Assistant General %unsel Consolidated Edisod Co of New York, Inc.

4 Irving Place New York, New York 10003 (212) 460-4333 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Louis J.

Carter, Chairman Dr. Oscar U.

Paris Frederick J.

Shon

)

)

In the' Matter of

)

.)

CONSOLIDATED EDISON COMPANY OF NEW

)

' YORK, INC. (Indian Point,. Unit 2)

)

Docket Nos. 50-247-SP

)

50-286-SP

)

POWER AUTHORITY OF THE STATE OF NEW

)

YORK (Indian Point, Unit 3)

)

)

)

CERTIFICATE OF SERVICE I certify that I have served copies of the annexed

" Request to be Admitted as a Party and Motion for Establishment of Procedures to Consider Petitions to Intervene" on the following-parties by first class mail, postage prepaid, this 6th day of November, 1981:

Samuel J.

Chilk, Secretary Docketing and Service Branch U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Washington, D.C.

20555 Commission Washington, D.C.

20555 Louis J.

Carter, Chairman Of fice of the Executive Legal Atomic Safety and Licensing Board Director U.S.

Nuclear Regulatory Commission U.S.

Nuclear Regulatory Washington, D.C.

20555 Commission Washington,D.C. 20555 Oscar H.-Paris, Member Atomic Safety and Licensing Board U.S.

Nuclear Regulatory Commission Washington, D.C.

20555

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n Frederick J.

Shon, Member General Counsel Atomic Safety and Licensing Board Power Authority of the State of U.S.

Nuclear Regulatory. Commission New York Washington, D.C.

20555 10 Columbus Circle New York, New York 10019 Dated:

November 6, 1981 New York, New York

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