ML20039E232
| ML20039E232 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 01/05/1982 |
| From: | Johari Moore NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-SP, NUDOCS 8201070044 | |
| Download: ML20039E232 (6) | |
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j UNITED STATES OF AMERICA S
JAN6 7ggy 79 NUCLEAR REGULATORY COMMISSION mamar
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%#ausYe BEFORE THE ATOMIC SAFETY AND LICENSING BOARD isc Y
In the Matter of
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CONSOLIDATED EDIS0N COMPANY
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Docket Nos. 50-247-SP 0F NEW YORK (Indian Point, Unit 2) )
50-286-SP POWER AUTHORITY OF THE STATE OF January 5, 1982 NEW YORK (Indian Point, Unit 3)
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NRC STAFF RESPONSE TO AMENDED PETITIONS OF THE NEW YORK CITY-AUDUB0N SOCIETY AND ROCKLAND COUNTY I.
INTRODUCTION At the special prebearing conference held on December 2,1981, the Atomic Safety and Licensing Board (Licensing Board) established to preside over the above-captioned proceeding directed that all amendments to petitions for leave to intervena be filed by December 10, 1981.
'Tr. 153. Apparently both the New York City Audubon Society (NYC Auc'ubon) and the County of Rockland (Rockland) filed timely amendments to their original petitions.
However, the Staff did not receive these amendments until December 29,1981.E The Staff's responses to these two amendments are set forth below.
The Staff concludes that:
- 1) NYC'Audubon has cured the de;iciencies noted by the Staff and, therefore, the Staff believes the organization has established its standing to intervene in this proceeding; and 2) the y
In the case of Rockland, the Staff received a letter addressed to the Board which stated that certain attachments were enclosed.
However, the Staff's copy of the letter was not accompanied by any g
attachments.
One of the attachments was the application for amend-ment of Rockland's original petition.
LESIGNATED ORIGINAIl\\
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Staff has no-objection to Rockland!s participation in this proceeding as an interested state pursuint to 10 C.F.R. 9 2.715(c) of the Commission's regulations.
II. _ DISCUSSION A.
Petition of NYC Audubon In-its response to NYC Audubon's original petition for leave to intervene, the Staff concluded that the petition must be amended before NYC Audubon's standing to intervene' in this proceeding could be estab-lished.
The Staff pointed out that NYC Audobon had failed to indicate that any of the named members has authorized the organization to reprdsent his interests in this proceeding.
Response of_the NRC Staff to Petitions for Leave to Intervene and Requests for Participation as Interested States Filed in Response to the NRC Federal Register Notice-of October 7,1981 at 20 (November 24,1981).
In addition, the Staff noted that there was no indication that the organization had authorized the signer of the petition to represent the organization in the proceeding. M.
NYC Audubon filed the affidavit of Asher R. Fried as the amendment ~
to its original petition.
in;this affidavit Mr. Fried states that he is a member of NYC Auduban's Board -of Directors, that he lives within fifty-miles of;the Indian.. Point facilities, and that he authorizes the organi-zation to represent his interests in this proceeding. Mr. Fried is one
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of the organization's members named in' its original petition.
In addi-tion Mr. iFrisd-attests that he concurred in a unanimous resolution of
~NYC Audu n's Board of Directors authorizing Geoffrey Cobb Ryan, i
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This affidavit cures the defects noted by the Staff in NYC Audubon's original petition, and establishes that organization's standing to intervene in this proceeding.
B.
Rockland County's reouest to participate as an Interested State Rockland originally petitioned for leave to intervene in this proceeding pursuant to 10 C.F.R. Q 2.714 of the Commission's regulations.
The Staff had no objection to Rockland's original petition.
Rockland has now amended that original petition to request participation as an interested state pursuant to 10 C.F.R. 9 2.715(c) instead of leave to intervene pursuant to 10 C.F.R. @ 2.714.
The Staff has no objection to Rockland's request to change its status in this proceeding.
III.
CONCLUSION For the reasons set forth above the Staff concludes:
- 1) NYC Audubon's amended petition cures the deficiencies in its earlier peti-tion, and the organization has established its standing to intervene in this proceeding; and 2) The Staff has no objection to the participation '
of Rockland as an interested state in this proceeding.
Respectfully submitted, OQMdkNb Janice E. Moore Counsel for NRC Staff Dated at Bethesda, Maryland this 5th day of January,1982 we,
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UNITED STATES OF AMERICA-
.iUCLEAR REGULATORY COMMISSION BEFORE Ti!E ATOMIC SAFETY AND LICENSING BOARD j
In the Matter of
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I CONSOLIDATED EDIS0N COMPANY
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Docket Nos. 50-247-SP 0F NEW YORK (Indian Point, Unit 2)
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50-285-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 UF SERVI G IherebycertifythatcopiesofNRCSTAFFRESPONSETOAMENDEDkITIONSOF THE NEW YORK CITY AUDUSON SOCIETY AND ROCKLAND COUNTY 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 5th day of January, ~1982.
- 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 i
Atomic Safety and Licensing Board Charles.N;Pratt,wEsq.
U.S. Nuclear Regulatory.Comission Thomas R. Frey, Esq.
2 Washington, D. C.
20555 Power Authority of the State of New York i
- Mr. Frederick J. Shon 10 Columbus Circle Administrative Judge New York, N.Y.
10019 l
Atomic Safety and Licensing Board 3
U.S. Nuclear Regulatory Commission Ellyn R. Weis, Esq.
' Washington, D. C.
20555 William S. Jordan, III, Esq.
Harmon & Weiss Brent L. B,randenburg, Esq.
.1725 I Street, N.W., Suite 506 Assistant, General Counsel Warhington, D. C.
20006' Consolidated Edison Co.
of New York, Inc.
Joan Holt, Project Director 4 Irving Place Indian Point Project Ne Q ork, N.Y.
10003 New York Public Intereft
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Research Group 5 Beekman Street i
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 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 E eitzer The Port Authority of Member of the Council of the hew 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 Of fice District #6 Two World Trade Center City Hall' '
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New York, N.Y.
10047 Nevt York, New York 10007 Alfred B. Del Bello Honorable Susan-Alter-Westchester Coonty Executive Membe.r of the Council of the Wettchester 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 6f the -
City of New York Renee Schwartz, Esq.
Councilmember-at-Large, Manhattan Botein, Hays, Sklar & Her7 berg City Hall Attorneys for Metropolitan New York, New York 10007 h
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 New Member of the Council of the City of New York Councilmember-at-Largei Staten Island City Hall New York, New York 10007
5 Honorable Gilberto Gerana-Valentin Pat Posner, Spokesperson Member of the Codncil 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. 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.f.
10520 Rockland Citizens for Safe Energy Lorna Salzman P.O. Box 74 Mid-Atlantic Representative New Ci ty, NY 10956 Frierids of the Earth, Inc.
208 West 13th Street Marc L. Parris, Esq.
New York, N.Y.
10011 County Attorney Lounty 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 Ci ty, 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
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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, Coordinatcr 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 New York, NY
'10017 U.S. Nuclear Regulatc v Commission
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Washington, D. C.
20555 Ho g able Richard L. Brodsky M
b'e che er o nt County Office Building Janice E. Moore White Plains, NY 10601 Counsel for NRC Staff 4
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