ML20038C041

Response to Request for Proposed Memorandum & Order.Any Order Should Grant Port Authority of Ny & Nj Right to Intervene as Interested State W/Leave to Intervene at Later Date as Party.Certificate of Svc Encl

ML20038C041
Person / Time
Site:	Indian Point
Issue date:	12/01/1981
From:	Maikish C PORT AUTHORITY OF NEW YORK & NEW JERSEY
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20038C037	List: ML20038C036 ML20038C041
References
ISSUANCES-SP, NUDOCS 8112090449
Download: ML20038C041 (6)

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00tKETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '81 DEC -4 A11 :27 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD m CF 5ECRETARY Before Administrative Judges: NfC Louis J. Carter, Chairman Dr. Oscar H. Paris Frederick.J. Shon In~the~ Matter of )

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CONSOLIDATED EDISON COMPANY ) Docket Nos. 50-247-SP OF NEW YORK (Indian Point, Unit 2) }

50-286-SP

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POWER AUTHORITY OF THE STATE OF )

NEW YORK (Indian Point, Unit 3) )

RESPONSE OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY TO REQUEST FOR PROPOSED MEMORANDUM AND ORDER I. INTRODUCTION The Port Authority timely filed on October 23, 1981 a petition for leave to intervene pursuant to 10 C.F.R.

Section 2.715 (c) and further for an order reserving to it the right'to intervene pursuant to the provision of 10 C.F.R.

Section 2.714 at such later time as determined that its interests require.

Said petition recited in paragraphs "3", "4" and "5" thereof that the Port Authority is a customer of the Power Authority of the State of New York, the owner and operator of one of the subject plants Indian Point #3 and, who heretofore has been made a party to this proceeding. That further, as

-recitcd in paragraph "5" any action taken by the Nuclear Regulatory; Commission will have_a direct and immediate impact LM m" [2811'2090449811201 U L PDR ADOCK 05000247

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on the Port Authority and that the Port Authority receives some of its power from the subject plants.

Such petition recites facts sufficient for the granting to the Port Authority at this time of intervenor party: status bitt that the Port Authority is not in a position to make a

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final decision as to formal intervenor party status until such time as the issues to be considered in this proceeding are clarified and particularly enunciated after the 're-Hearing Conference.

That as recited in the Port Authority's petition, s paragraph "6", n'otwithstanding such immediate interest, the Port Authority as a public agency of the States of New York and New Jersey is charged by law with the operation of facilities which are in all respects for the benefit of the peoples of the aforesaid states, for the increase of their commerce and prosperity and for the improvement of their health and living conditions, and that as such it performs an essential governmental function.

That in this capacity, one of the issues defined by the Commins.lon in its January 8, 1981 Order, was the question of econonnic impact on the region from the closure of the subject plants.

L That as a bi-state agency charged with responsibility, i:

in part, for the economic development and prosperity of the

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s region in question, the Port Authority has an interest as a bi-state agency pursuant to Section 2.715 (c) of 10 C.F.R.

The Port Authority should be granted leave to intervene in the captioned proceeding as an "inuerested state" with the reservation of the further right to move at such time as its interest may be required pursuant to Section 2.714 for " formal" party status.

That the Port Authority is not a proper party at this time for the identifying and clarifying of issues in the proceeding excepting the retention of the issues of economic impact.as specified in the Commission's January 8,-1981 Order.

The the Port Authority takes no position with-regard to the amending of pleadings and further feels that it would not be appropriate for it to suggest a schedule for discovery, hear-ings and other actions in the proceeding. '

WHEREFORE, the Port Authority requests that.any Order made in the instant proceeding include provisions granting it the right to intervene as an " interested state" pursuant to 10 C.F.R. Section 2.715 (c) with further leave to intervene at such later date as the Licensing Board finds appropriate as a

" party" pursuant to 10 C.F.R. Section 2.714, et seg.

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Cou 2el to PATRICK J. FALVEY Geg,rdi Counsel, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY Dated: New York, New York December 1, 1981.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARE In the Matter of )

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CONSOLIDATED EDISON COMPANY ) Docket Nos. 50-247-SP OF NEW YORK (Indian Point, Unit 2) ) 50-286-SP

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POWER AUTHORITY OF THE STATE OF )

NEW YORK (Indian Point, Unit 3) )

CERTIFICATE OF SERVICE I hereby certify that copies of " RESPONSE OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY TO REQUEST FOR PROPOSED MEMORANDUM AND ORDER" in the above-captioned proceeding has been-served on the folloking by deposit in the United States mail, first class, this 1st day of December, 1981.

Louis J. Carter, Esq., Chairman Paul F. Colarulli, Esq.

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

Atomic Safety & Licensing Board Pamela S. Horowitz, Esq.

U.S. Nuclear Regulatory Commission Charles Morgan, J r. , Esq.

Washington, D.C. 20555 Morgan Associated, Chartered 1899 L Street, N.H.

Dr. Oscar H. Paris Washington, D. C. 20036 Administrative Judge Atomic Safety & Licencing 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 Frederick J. Shon 10 Columbus Circle Administrative Judge New York, N.Y. 10019 Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission Ellyn R. Weis, Esq.

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

Harmon & Weiss Brent L. Brandenburg, Esq. 1725 I Street, N.W. Suite 506 Assistant General Counsel Washington, D. C. 20006 Consolidated Edison Co.

of New York, Inc. Joan Holt, Proj ect Director 4 Irving Place Indian Point Proj ect New York, N.Y. 10003 New York Public Interest Research Group 5 Beekman Street New York, N.Y. 10038 Eav '

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John Gilroy, Westchester Coordinator Hon. Miriam Friedlander Indian Point Project Member of the Council of New York Public Interest The City of Nr.w York Research Group District #2 240 Central Avenue City Hall White Plains, NY 10606 New York, NY 10007 Jeffrey M. Blum, Esq. Hon. Carol Greitzer

. New York University Law School Mcmber of the Council of 423 Vanderbilt Hall The City of New York 40 Washingten Square South District #3 New York, NY 10012 City Hall New York,NY 10007 Ezra I. Bialik, Esq.

Steve Leipsiz, Esq. Hon. Stanley E. Michels Environmental Protection Bureau Member of the Council of New York State Attorney The City of New York General's Office District #6 Two World Trade Center City Hall New York, NY 10047 New York, NY 10007 Alfred B. Del Bello Hon. Susan Alter Westchester County Executive Member of the Council of Westchescer County The City of New York 148 Martine Avenue District #32 New York, NY 10601 City Hall -

New York, NY* 10007 Andrew 3. Roffe, Esq.

New York State Assembly Hon. Edward C. Wallace Albany, NY 12248 Member of the Council of The City of New York Renee Schwartz, Esq. Councilmember-at-Large, Botein, Hays, Sklar & Herzberg Manhattan, City Hall 200 Park Avenue New York, NY 10007 New York, NY 10166 Honorable Mary Pinkett Stanle'y B. Klimberg Member of the Council of General Counsel The City of New York

-New York State Energy Office District #28

- 2 Rockefeller State Plaza City Hall Albany, NY 12223 New York, NY 10007 Hon. Ruth Messinger Hon. Mary T. Codd Member of the Council of Member of the Council of The City of New York The City of New York District #4 Councilmember-at-Large, City Hall Staten Island New York, NY 10007 Cixy Hall Iki York, NY 10007 f -Y  %

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- Hon. Gilberto Gerana-Valentin Pat Posner, Spokesperson Member of the Council of Parents Concerned About The City of New York Indian Point District #11 P.O. Box 125 City Hall Croton-on-Hudson, NY 10520 New' York, NY 10007 Charles A. Scheiner, Co-Chairperson Honorable Arthur J. Katzman Westchester People's Action Member of the Council of Coalition, Inc.

The. City of New York P.O. Box 488 District'#22 White Plains, NY 10602 City Hall Hew York, NY 10007 Alan Latman, Esq.

44 Sunset Drive Jonathan'L. Levine, Esq. Croton-on-Hudson, NY 10520 Rockland Citizens for Safe Energy Lorna Salzman P.O. Box 74 Mid-Atlantic Representative New City, NY 10956 Friends of the Earth, Inc.

208 West 13th Street Marc L. Parris, Esq. New York, NY 10011 County Attorney County of Rockland Zipporah S. Fleisher 11 New Hempstead Road West Branch Conservation Assn.

New City, NY 10956 443 Buena Visca Road New City, NY 10956 Geoffrey Cobb Ryan Conservation Committee Docketing and Service Section Chairman, Director Office of the Secretary New York City Audubon Society U.S. Nuclear. Regulatory Commission 71 West 23rd St., Suite 1828 Washington, D.C. 20555 New York, NY 10010 Mayor George V. Begany Greater New York Council Village of Buchanan on Energy 236 Tate Avenue

7. Dean R. Corren, Director Buchanan, NY 10511 New York University 26 Stiuyvesant St.

New York, NY 10003 Atomic Safety & Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety & Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555

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