ML20038C859
| ML20038C859 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 12/11/1981 |
| From: | Mcgurren H NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-SP, NUDOCS 8112140201 | |
| Download: ML20038C859 (6) | |
Text
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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CONSOLIDATED EDIS0N COMPANY
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0F NEW YORK (Indian Point, Unit 2)
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Docket Nos. 50-247-SP
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50-286-SP POWER AUTHORITY OF THE STATE OF
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Q9 NEW YORK (Indian Point, Unit 3)
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dSe&-1 NRC STAFF RESPONSE TO AMENDMENT TO Qo THE PETITION FOR LEAVE TO INTERVENE M, _U,7 J
0F WEST BRANCH CONSERVATION ASSOCIATION 4
I.
Introduction On November 2, 1981, the West Branch Conservation Association (WBCA) filed a petition for leave to intervene in the instant proceeding.
In its
" Response of the NRC Staff to Petitions for Leave to Intervene and Requests for Partit.pation as Interested States Filed in Response to the NRC Federal Register Notice of October 7, 1981", dated November 24, 1981 (Response),
the Staff argued that WBCA's petition for leave to intervene was deficient and must be amended in order to establish its standing to intervene in this proceeding (Response at 14). On December 2, 1981 at the prehearing conference in this proceeding WBCA hand-delivered to the Staff a document entitled " Amendment to Intervenor Application of Nov. 2" (Amendment).
The NRC Staff believes that this amendment which was timely filed by WBCA1/
remedies the deficiencies noted by the NRC Staff in its Response. Accordingly, 1
At the December 2, 1981 prehearing conference in this proceeding, the Board ruled that petitioners have until December 10, 1981 to file any amendments or supplements to their petitions. Tr. 42.
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the Staff believes that WBCA has established its standing to intervene in thisproceeding.SI II. Discussion In its Response the Staff noted that WBCA failed to satisfy the standing requirements of 10 C.F.R. E 2.714 in that the petition failed to demonstrate that at least one individual, with requisite interest, is a member of WBCA (rather than a sponsor) and has specifically authorized WBCA to represent him or her and that the petition fails to demonstrate that WBCA will be represented by a duly authorized member or officer of the organization.
(Response at 14).
The Amendment attaches affidavits of members (Melissa Levi, Joan H.
King and Thomas J. King) with the requisite interest (the affidavits state that each member lives within the ten-mile planning zone for Indian Point) who specifically authorize WBCA to represent their interests in this pro-ceeding.
In addition, attached to the Amendment is an affidavit of Joan H. King, Recording Secretary of WBCA, which states that the Directors of WBCA on October 28, 1981 voted to participate in this proceeding as a party and authorized certain officers (Zipporah Fleisher, Secretary; Walter Fleisher, Vice-President; and Martus Granirer, President) to be the duly authorized representatives of WBCA in this proceeding.
El The Staff will address the admissibility of WBCA's contentions in a later response consistent with the schedule established by the Board.
1 III. Concrusion For the foregoing reasons, the NRC Staff believes that WBCA has estab-i lished that-it has standing to intervene in this proceeding.
Respectfully submitted, j
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Hn J. McGurren Co el for NRC Staff Dated at Bethesda, Maryland this lith day of December, 1981 i
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
-BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
CONSOLIDATED EDIS0N COMPANY
)
Docket Nos. 50-247-SP 0F NEW YORK (Indian Point, Unit 2)
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50-286-SP
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POWER AUTHORITY OF THE STATE OF
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NEW YORK (Indian Point, Unit 3)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO AMENDMENT TO THE PETITION FOR LEAVE TO INTERVENE OF WEST BRANCH CONSERVATION ASSOCIATION" in the above-captioned proceeding have been served on the following by deposit.in the United States mail, first class, or, as indicated by an asterisk, through deposit in i
the Nuclear Regulatory Commission's internal mail system, this lith day of December, 1981:
- Louis J. Carter, Esq., Chairman Paul F. Colarulli, Esq.
Administrative Judge Joseph J. Levin, Jr., Esq.
Atomic Safety and Licensing Board Pamela S. Horowitz, Esq.
U.S. Nuclear Regulatory Commission Charles Morgan, Jr., Esq.
Washington, D. C.
20555 Morgan Associated, Chartered 1899 L Street, N.W.
- Dr. Oscar H. Paris Washington, D. C.
20036 Administrative Judge Atomic Safety and Licensing Board Charles it. Pratt, Esq.
U.S. Nuclear Regulatory Comission Tilomas 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, N.Y.
10019 Atomic Safety and Licensing Board I
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 j
Consolidated Edison Co.
of New York, Inc.
Joan Holt, Project Director 4 Irving Place Indian Point Project New York, N.Y.
10003 New York Public Interest Research Group 5 Beekman Street New York, N.Y.
10038
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John Gilroy, Westchester Coordinator Honorable Ruth Messinger Indian Point Project Member of the Council of the New York Public Interest City of New York Research Group District #4 240 Central Avenue City Hall White Plains, New York 10606 New York, New York 10007 Jeffrey M. Blum, Esq.
Honorable Miriam Friedlander New York University Law School Member of the Council'of the 423 Vanderbuilt Hall City of New York 40 Washir.gton Square South District #2 New York, N.Y.
10012 City Hall New York, New York 10007 Charles J. Maikish, Esq.
Litigation Division Honorable Carol Greitzer The Port Authority of Member of the Counci; of the New York and New Jersey City of New York One World Trade Center District #3 New York, N.Y.
10048 City Hall New York, New York 10007 Ezra I. Bialik, Esq.
Steve Leipsiz, Esq.
Honorable Stanley E. Michels Environmental Protection Bureau Member of the Council of the New York State Attorney City of New York General's Office District #6 Two World Trade Center City Hall New York, N.Y.
10047 New York, New York 10307 Alfred B. Del Bello Honorable Susan Alter Westchester County Executive Member of the Council of the Westchester County City of New York 148 Martine Avenue District #32
- New York, N.Y.
10601 City Hall New York, New York 10007 Andrew S. Roffe, Esq.
New York State Assembly Honorable Edward C. Wallace Albany, N.Y.
12248 Member of the Council df the City of New York Renee Schwartz, Esq.
Councilmember-at-Large, Manhattan Botein, Hays, Sklar & Herzberg City Hall Attorneys for Metropolitan New York, New York 10007 Transportation Authority 200 Park Avenue Honorable Mary Pinkett New York, N.Y.
10166 Member of the Council of the City of New York Stanley B. Klimberg District #28 General Counsel City Hall New York State Energy Office New York, New York 10007 2 Rockefeller State Plaza Albany, New York 12223 Honorable Mary T. Codd Member of the Council of the City of New York Councilmember-at-Large, Staten Island City Hall New York, New York 10007
. Honorable Gilberto Gerana-Valentin Pat Posner, Spokesperson Member of the Council of the Parents Concerned About City of New York Indian Point District #11 P. O. Box 125 City Hall Croton-on-Hudson, NY 10520 New York, New York 10007
. Charles A. Scheiner, Co-Chairperson i
Honorable Arthur J. Katzman Westchester People's Action Member of the Council of the Coalition, Inc.
City of New York P. O. Box 488 District #22 White Plains, N.Y.
10602 City Hall New York, New York 10007 Alan Latman, Esq.
44 Sunset Drive Jonathan L. Levine, Esq.
Croton-on-Hudson, N.Y.
10520 Rockland Citizens for Safe Energy Lorna Salzman P.O. Box 74 Mid-Atlantic Representative New City, NY 10956 Frierids of the Earth, Inc.
208 West 13th Street Marc L. Parris, Esq.
New York, N.Y.
10011 County Attorney County of Rockland Zipporah S. Fleisher 11 New Hempstead Road West Branch Conservation New City, NY 10956 Association 443 Buena Vista Road Geoffrey Cobb Ryan New City, N.Y.
10956 Conservation Committee Chairman, Director
- Docketing and Service Section New York City Audubon Society Office of the Secretary 71 West 23rd Street, Suite 1828 U.S. Nuclear Regulatory Commission New York, NY 10010 Washington, D. C.
20555 Greater New York Council Mayor George V. Begany on Energy Village of Buchanan c/o Dean R. Corren, Director 236 Tate Avenue New York University Buchanan, N.Y.
10511 26 Stuyvesant Street New York, NY 10003 Judith Kessler, Coordinator Rockland Citizens for Safe Energy
- Atomic Safety and Licensing 300 New Hempstead Road Board Panel New City, N.Y.
10956 U.S. Nuclear Regulatory Commission Washington, D. C.
20555 David H. Pikus, Esq.
Richard F. Czaja, Esn.
- Atomic Safety and Licensing 330 Madison Avenue Appeal Board Panel New York, NY 10017 U.S. Nuclear Regulatory Commission Washington, D. C.
20555 I
Hen y f. McGurren Counsel for NRC Staff