ML20039C689
| ML20039C689 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 12/28/1981 |
| From: | Johari Moore NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-SP, NUDOCS 8112300044 | |
| Download: ML20039C689 (6) | |
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UNITED STATES OF A!! ERICA
..ucapg NUCLEAR REGULATORY COMt11SSION f
l DEC291gg15 BEFORE THE ATOMIC SAFETY AND LICE'15ING BOARD 3
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Wpua pf In the Matter of
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CONSOLIDATED EDIS0rt COMPANY
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Docket Nos. 50-247-SP OF 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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December 28, 1981 NEW YORK (Indian Point, Unit 3)
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NRC STAFF RESPONSE TO THE SUPPLEMENTAL PETITION OF THE VILLAGE OF BUCHANAN I.
Introouction On flovember 6,1981, the Village of Buchanan (Village) filed a peti-tion requesting participation in this proceeding as an " interested state" pursuant to 10 C.F.R 5 2.715(c).
In its " Response of the NRC Staff to Petitions for Leave to Intervene and Requests for Participation as Inter-ested State Filed in Response to the NRC Federal Register Notice of October 7, 1981", dated November 24, 1981 (Response). The Staff stated that it supports the Village's request to participate pursuant to 10 C.F.R 5 2.715(c) provided that the Village identifies its representative for purposes of this proceeding and provides the Board with some assurance that such person has been authorized to represent it in this proceeding.
Rasponse at 33. On December 21, 1981, the NRC Staff received a document filed by the Village entitled " Supplemental Petition of the Village of DESIG?iATED ORICIIIAL Certtrieg gy_ jjp q
8112300044 811228
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Buchanan", dated December 7,1981 (Supplement).M On the basis of this Supplement and the attached Village of Buchanan Resolution, the Staff believes that the deficiencies noted by the Staff have been cured.E II. Discussion The Resolution of the Village dated December 7,1981, attached to the Supplement, demonstrates that the Village seeks participation in this proceeding pursuant to the petition filed on behalf of the Village on flovember 6,1981 and has authorized the Village Attorney, Carl R.
D'Alvia, as the legal representative for the Village in this proceeding.
Accordingly, this Resolution satisfies the deficiencies noted by the Staff in its response.
U Although a certificate of service was not attached to the copy of this document received by the f4RC Staff, it appears from the date of the document that it was timely filed.
The Board ruled at the December 2,1981 prehearing conference in this proceeding that petitioners had until December 10, 1981 to file any amendments or supplements to their petitions.
Tr. 42.
U n its flovember 6,1981 petition (at 3) the Village requested the I
Commission to issue an order which would allow it to intervene as a party at such future time as deemed appropriate by the Village.
A similar request is made in Lt.e Supplement. Supplement at 2.
The Staff objects to this request since it is inconsistent with the requirements of 10 C.F.R. 6 2.714.
See Response at 33, note 21.
Any filing for leave to intervene after the time specified in the October 7, 1981 Federal Register notice would be late and accord-ingly must uddress the factors identified and set forth in 10 C.F.R 9 2.714(a)(1) as well as the other requirements of 10 C.F.R. Q 2.714.
See Metropolitan Edison Co. (Three Mile Island fluclear Station, Unit 2), ALAB-384, 5 14RC 612, 615 (1977); see~also Commonwealth Edison Co. (Byron fluclear Power Station, Units 1 and 2), LBP-80-30, 12 flRC 683, 689-90 (1980).
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Conclusion for the foregoing reasons, the NRC Staff believes that the request made by the Village to participate in this proceeding pursuant to 10 C.F.R.
S 2.715(c) should be granted.
Respectfully submitted,
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Janice E. Moore Counsel for NRC Staff Dated at Bethesda, llaryland this 28th day of December,1981
UNITED STATES OF A!1 ERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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CONSOLIDATED EDISON COMPANY
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Decket Nos. 50-247-SP OF 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 RE9 0NSE TO THE SUPPLEMENTAL PETITION OF THE VILLAGE OF BUCHANAN 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 the Nuclear Regulatory Commission's internal mail system, this 28th 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 fl. 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 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, 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 icek 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 Washington 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 Council of the New York and New Jersey City of New York 1
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 10007 Alfred B. Del Bello Honorable Susan Alter Westchester Cuunty 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 a Herzberg City Hall Attorneys for Metropolitan New York, New York 10007 r
i 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
. Hcnorable Gilberto Gerana-Valeritin 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 Honorable Arthur J. Katznian 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 Friends 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
- 00cketing 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 Ur.lversity 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, Esq.
- Atomic Safety and Licensing 330 Madison Avenue Appeal Board Panel "cu Ycrk, NY 10017 U.S. Nuclear Regulatory Commission Washington, D. C.
20555 Honorable Richard L. Brodsky
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e che e on County Office Building Janice E. Moore White Plains, NY 10601 Counsel for NRC Staff