ML20039D031
| ML20039D031 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 12/01/1981 |
| From: | Bialik E NEW YORK, STATE OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-SP, NUDOCS 8112310235 | |
| Download: ML20039D031 (8) | |
Text
/
7-
-t' w
x r
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSINF-BOARD Before Administrative.Tudges:
Louis J. Carter, Chairman Q
Dr. Oscar H. Paris Frederick J. Shon I~
In the Matter of
/
CONSOLIDATED EDISON COMPANY Docket Nos. 50-247-SP OF NEW YORK (Indian Point, 50-286-SP Unit 2) kW POWER AUTHORITY OF THE STATE :
g
,)N OF NEW YORK (Indian Point, x
py g.
y Unit 3)
'T
'l Y.:
ECs o ny7
~j RESPONSE OF ROBERT ABRAMS k.
', *c TO CON EDISON'S " ANSWER
\\
~
TO PETITIONS FOR LEAVE TO
\\L INTERVENE"
'x
% __ 2 '
On October 29, 1981 Robert Abrams, Attorney General-of the State of New York, filed a timely Petition for Intervention in this croceeding.as a representative of the State, nursuant g
to 10 CFR S 2.715 (c).
In that Petition it is noted that the Attorney General had previously participated in this matter on several occasions since the filing of the Union of Concerned Scientists' petition in September 1979.
On November j
24, 1981 NRC Staff filed a resconse to the numerous petitions for intervention, and said that it " supports and welcomes" Attorney General Abrams' petition, and believes that it "should be granted" (pp. 28-29, 34).
s i
5 l
l C) 8112310235 811201-~
(
PDR ADOCK 05000247 c
. ~.. _.... -,
~
~
a Consolidated Edison Company of New York, Inc.
(" Con Edison"), however, on November 24, 1981, served an Answer to P&titions For Leave To Intervene, requesting that virtually all the petitions for intervention be denied.
In urging that the Attorney. General's petition be denied, con Edison argues that the New York State Energy Office
("SEO") is the only party authorized to be a representative of the State in this. proceeding.
Id. at 5-6'.
Con Edison's objections to the Attorney General's intervention are unfounded and should be, rejected.
The Attorney General is an independently-elected State officer and head of its Department of Law, and is one representative of the State.
Indeed, SEO does not claim to be the sole
~
representative.
In its November 17, 1961 letter to the Board it.did'not object to the Attorney General's pdrticipation under 10 CFR S 2.715 (c), but only to the designation of the
' ' ~
Attorney General's status in the Board's order of November 13, 1981.
See the Attorney General's responsive letter, dated
+
November 23, 1981.
~
NRC staff correctly recognizes that there can be
+,
several representatives of the State.
Staff suggests that 4
the Port Authority of New York SEO, ~ the Attorney General,g and New Jersey and the Metropolitan Transit Authority ("MTA")
should all be allowed to intervene as representatives of the 4.
G g
D O
e--
r
+
_y
, ~ _.,.. _ _,. _....,.,...., _.. _ _
V-a.
~
f State, and that the Assembly could also be a procer re-presentative of the State.
See NRC Staff filing, pp. 28-34.
Staff's view is evidently in accord with the practice in the NRC proceeding oa the restart of Three Mile Island Unit 1, in which various agencies and individuals are appearing as representatives of the Commonwealth of Pennsylvania.
In order to. assure that a complete record is compiled and that all relevant points of view can be aired, different State officials and agencies should be admitted as parties.
By contrast, con-Edison wants to render the proceeding sterile by excluding all those carties whose point of view may differ from its own.
Con Edison (at p. 7) cites two cases holding that members of Congress do not have automatic standing to sue.
By contrast, the standing of elected officials to sue has been recognized in other cases.
See."itchell v. Laird, 488 F.2d 611 (D.C. Cir. 1972) ; Buckley v. Valeo, 424 U.S.
1 (1976).
1 But whatever may be the rule for the standing of members of Congress, under 10 CFR S 2.715 (c) representatives of an in-terested State may intervene, and the Attorney General is one such representative.
Con Edison wants the Attorney General, as well as other interested State intervenors, to identify now the specific issues which they intend to raise, but 10 CFR S 2.715 (c) makes no such requirement.
Con Edison also says that the petitions to intervene were recuired to demonstrate that the petitioner
will make a valuable contribution to the record.
The Attorney General's office, apart from its prior participation in. this matter, has made valuable contributions in other NRC proccedings, including the GESMO (RM-50-5), Table S-3 (RM-50-3) and Wa.ite Confidence (PR-5 0,
- 51) proceedings.
No further showing is needed or acoropriate at this early stage of the current proceeding.
Accordingly, Attorney General Abrams requests the.
Board to grant his petition for intervention, which is supported by NRC Staff, and to reject Con Edison's objections.
Dated:
New York, New York December 1, 1981 ROBERT ABRAMS Attorney General of the State of New York By EZ RAV I. BIALIK' Assistant Attorney General Environmental Protection Bureau 2 World Trade Center New York, New York 10047 (212) 488-7565
').
- e..-
so lzt
.,,0.y r
,M
.q UNITED STATES OF AMERICA
'Xi NUCLEAR REGULATORY COMMISSION e
BEFu.1E THE ATOMIC SAFETY AND LICENSING BOARD
~
In the Matter of
)
)
CONSOLIDATED EDISON COMPANY
)
Docket Nos. 50-247-SP OF NEW YORK (Indian Point. Unit 2)
)
50-286-SP
)
POWER AUTHOFITY OF THE STAN OF
)
NEW YORK (Indian Point, Unit 3)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the annexed RESPONSE in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, this 1st day of December, 1981:
Docketing and Service Branch Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Janice E. Moore, Esq.
Henry J. McGurren, Esq.
NRC Staff Counsel U.S. Nuclear Regulatory Commission 0"fice of the Executive Legal Jirector Washington, D.C.
20555 Louis J. Carter, Esq., Chairman Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555
Dr. Oscar H. Paris John Gilrcy, Westchester Administrative Judge Ccordinator Atomic Safety and Licensing Indian Point Project Bcard New York Public Interest U.S. Nuclear Regulatory Commission Research Group Washington, D.C.
20555 240 Central Avenue i
White Plains, New York 10606 i
Mr. Frederick J. Shon Administrative Judge Jeffrey M. Blum, Esq.
Atomic Safety and Licensing New York University Law School I Board 423 Vanderbuilt Hall U.S. Nuclear Regulatory Commission 40 Washington Square South
- Washington, D.C.
20555 New York, New York 10012 Brent L. Brandenburg, Esq.
Charles J. Maikish, Esq.
Assistant General Counsel Litigation Division Consolidated Edison Co.
The Port Authority of of New York, Inc.
New York and New Jersey 1
4 Irving Place One World Trade Center l
New York, New York 10003 New York, New York 10048 Paul F. Colarulli, Esq.
Alfred B. Del Bello Joseph J.
Levin, Jr., Esq.
Westchester County Executive Pamela S. Horowitz, Esq.
Westchester County Charles Morgan, Jr., Esq.
148 Martine Avenue Morgan Associated, Chartered New York, New York 10601 1899 L. Street, N.W.
l Washington, D.C.
20036 Andrew S,.
Roffe, Esq.
l New York State Assembly l
Charles M. Pratt, Esq.
Albany, New York 12248 Thomas R. Frey, Esq.
Power Authority of the Renee Schwartz, Esq.
State of New York Botein, Hays, Sklar & Herzberg 10 Columbus Circle-Attorneys for Metropolitan New York, New York 10019 Transportation Authority 200 Park Avenue Ellyn R. Weis, Esq.
New York, New York 10166 William S. Jordan, III, Esq.
Harmon & Weiss Stanley B. Klimberg 1725 I Street, N.W.,
Suite 506 General Counsel Washington, D.C.
20006 New York State Energy Office 2 Rockefeller State Plaza Joan Holt, Project Director Albany, New York 12223 Indian Point Project New York Public Interest Hon. Ruth Messinger
)
Research Group Memter of the Council of the 5 Beekman Street City of New York New York, New York 10038 District #4 l
City Hall New York, New York 10007.
Hon. Miriam Friedlander Hon. Gilberto Gerani-Valentin Member of the Council of the Member of the Council of the City of New York City of New York Districu #2 District #11 City Hall City Hall New York, New York 10007 New York, New York 10007 Hon. Carol Greitzer Hon. Arthur J. Katzman Member of the Council of the Member of the Council of the City of New York City of New York District #3 District #22 City Hall City Hall New York, New York 10007 New York, New York 10007 Hon. Stanley E. Michels
.Tonathan L. Levine, Esq.
Member of the Council of the Rockland Citizens for City of New York Safe Energy District #6 P.O. Box 74 City Hall New City, New York 10956 New York, New York 10007 Marc L. Parris, Esq.
Hon. Susan Alter County Attorney Member of the Council of the County of Rockland City of New York 11 New Hempstead Road District #32 New City, New York 10956 City Hall New York, New York 10007 Geoffrey Cobb Ryan Conservation Committee Hon. Edward C. Wallace Chairman, Director Member of the Council of the New York City Audubon Society City of New York 71 West 23rd Street, Suite 1828 Councilmember-at-Large, Manhattan New York, New York 10010 City Hall New York, New York 10007 Greater New York Council on Energ'y Hon. Mary Pinkett c/o Dean R. Corren, Director Member of the Council of the New York University City of New York 26 Stuyvesant Street District #28 New York, New York 10003 City Hall
~
New York, New York 10007 Atomic Safety and Licensing Board Panel Hon. Mary T. Codd U.S. Nuclear Regulatory Commission Member of the Council of the Washington, D.C.
20555 City of New York Councilmember-at-Large, Pat Posner, Spokesperson Staten Island Parents Concerned About
~
City Hall Indian Point New York, New York 10007 P.O. Box 125 Croton-on-Hudson, New York 10520,
,-.,--w-.
.e Charles A. Seneiner, Co-Chairperson Westchester People's Action Coalition, Inc.
P.O. Box 488 White Plains, New York
'0602 Alan Latman, Esq.
44 Sunset Drive Croton-on-Hudson, New York 10520 Lorna Salzman Mid-Atlantic Papresentative Friends of the Earth, Inc.
208 West 13th Street New York, New York 10011 Zipporah S. Fleisher West Branch Conservation Association 443 Buena Vista Road New City, New York 10956 Mayor George V. Begany Village of Euchanan 236 Tate Avenue Buchanan, New York 10511
$w(?/
/k EZRA&I. BIALIK Assistant Attorney General State of New York
-