ML20040G662

Request for Entry Upon Land to Observe Emergency Planning Exercises Scheduled for 820302 or 03.Exercises Relevant to Commission Question 3 & Contentions.Certificate of Svc Encl

ML20040G662
Person / Time
Site:	Indian Point
Issue date:	02/09/1982
From:	Blum J, Holt J, Potterfield A NEW YORK UNIV., NEW YORK, NY, PUBLIC INTEREST RESEARCH GROUP, NEW YORK, UNION OF CONCERNED SCIENTISTS
To:	CONSOLIDATED EDISON CO. OF NEW YORK, INC., POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK
References
ISSUANCES-SP, NUDOCS 8202160348
Download: ML20040G662 (9)

Text

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O- 0 UNITED STATES OF AMERICA ~

NUCLEAR REGULATORY COMMISSION

'82 1 EB 11 P2:55 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD O F, i

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[CC r r o { f ; ' e' In the Matter of )

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

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POWER AUTHORITY OF THE STATE OF NEW YORK ) February 9, 1982 (Indian Point Unit 3) )

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S /g UCS/NYPIRG MOTION FOR DISCOVERY p /- 'Q2 AND TO PERMIT ENTRY UPON LAND IN j ,8 'U ;;;. . h,d CONTROL OF THE LICENSEES AND - Afa,j? 9 INTERESTED STATES $ 'M p k J3

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/ Q pN The Union of Concerned Scientists and the New York Public Int es t Research Group request the Atomic Safety and Licensing Board to issue an order requiring the Licensees, CONSOLIDATED EDISON COMPANY OF NEW YORK and POWER AUTHORITY OF THE STATE OF NEW YORK and the Interested States, COUNTY OF ROCKLAND, COUNTY OF WESTCHESTER and NEW YORK STATE, and requesting Orange and Putnam Counties, to permit representatives of organizations that have filed petitions to intervene in this matter and that join this motion to observe the emergency planning exercise scheduled for the Indian Point site 9

Submitted by:

Jeffrey M. Blum, Esq. Joan Holt, Project Director New York University Law School Amanda Potterfield, Esq.

New York Public Interest 3

423 Vanderbilt Hall 40 Washingten Square South Research Group, Inc. S New York, New York 10012 5 Beekman Street (212) 598-3452 New York, New York 10038 (212) 349-6460

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Union of Concerned Scientists New York Public Interest Research Group, Inc.

8202160348 820209

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• on March 2nd or 3rd, 1982.

The emcrgency planning exercise scheduled for March 2 or 3, 1982;is relevant to Commission Question Three and to the intervenors' contentions, .

and is well within the scope of discovery. 10 CFR 2.740(b)(1) .

Commission-Question Inree asks "the current status and degree of conformance with NRC/ FEMA guidelines of state and local emergency planning."

Periodic exercises such as the one scheduled for March at Indian Point are required by NRC regulations to evaluate emergency response capabilities, develop and maintain skills and to identify deficiencies which are then to 1 be corrected. 10 CFR 50.47(b)(14). Thus, the holding of the drill as re-quired by NRC/ FEMA guidelines is pertinent to Commission Question Three.

The process of the drill and its results are the subject of intervenors' contentions and of the Statements of Position submitted by the Licensees and Staff. UCS/NYPIRG Contention I-A asserts numerous specific deficiencies in the Indian Point emergency plans which may be further identified as the result l

of the March 1982. exercises. Basis 17 of UCS/NYPIRC Contention I-A particular-l ly challenges-the provisions for drills in the plans and the failure of the drills to provide a realistic test of emergency response capabilities and skills. The observation of the drill by intervenors will be a substantial step in determining which factors concerning the drills will be litigated at the upcoming hearing, and serve the purposes of discovery.

Moreover, the Licensees and the Staff each defer to FEMA in their respective positions on Commission Question Three; Con Edison and the Staff both rely on the Fbrch 1982 exercises and the subsequent FEMA review to determine what deficiencies exist in the plans. Con Edison Statement of Position, pp. 16-17; NRC Staff Statement of Position, pp. 4-5; PASNY State -

ment of Position, pp. 4-5 (asserting that FEMA has already determined the plans to be adequate, but without identifying when or where).

The reliance of the Licensees and the Sraff on the upcoming drill to

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. support theie positions on Commission Question Three demonstrates not.only the relevance of the drill to the ultimate issues, but also the need for inter-venors to observe the drill as part.of Jiscovery. Observation of practice exercises as part of discovery has been allowed in at least two recent proceedings. Intervenors were permitted to send observers to practice exer-cises at Three Mile Island and at Big Rock Point, where emergency planning issues were raised in a spent fuel pool expansion proceeding in early 1980.

I The intervenors appreciate the need for the drill to be conducted without hindrance and obstruction, and intend by this request only to gain

! relevant information in the most efficient and least burdensome manner to all parties. The rules of discovery of the NRC specifically provide for l

entry upon land as a disebvery method, (10 CFR 2.740), and it is submitted that this method is the most appropriate in the circumstance of the drill.

Intervenors will comply with any safeguards necessary to the effective carry-ing out of the exercises, which are consistent with the discovery purposes of the observers.

As a matter of courtesy, UCS/NYPIRG notified Westchester, Rockland, Putnam and Orange Counties and the FEMA Regional Office on February 9, 1982, of this request to observe the drill .

UCS/NYPIRG has been authorized by the following intervenor organizations-to state that each of them supports and joins this request and would send observers as part of the intervenors' team: the Westchester People's Action Coalition; Parents Concerned About Indian Point; Greater New York Council on e

Energy; Friends of the Earth; the New York City Audubon Society; West Branch Conservation Association; Rockland Citizens for Safe Energy.

WilEJEFORE, the Union of Concerned Scientists, the New York Public Interest Research Group, Inc., the Westchester People's Action Coalition, Parents Con-corned About Indian Point, Greater New 'Jork Council on Energy, Friends of the

. Earth, the New York City Audubon Society, West Branch Conservation Association, m . _ _ - ---

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and Rockland Citizens for Safe Energy request the Board to issue an order requiring the Licensees and !nterested States to permit two representatives or censultants from one of the intervenor organizations to:

1) observe t5e March 1982 exercises from the control room of Indian Point Unit 2 (Con Edison):

2) to observe the March 1982 exercises from the control room of Indian Point Unit 3 (PASNY);

3) observe the March 1982 exercises from the near-site emergency operations facility;

4) observe the March 1982 exercises from the State Emergency Operations Center in Albany, New York;

5) observe th'e March 1982 exercises from the Office of Disaster Preparedness (ODP) Southern District, Emergency Operations Center in Poughkeepsie, New York;

6) observe the March 1982 exercises from the Rockland County Emergency Operations Center;

7) observe the March 1982 exercises from the Westchester County Emergency Operations Center;

8) observe the March 1982 exercises from the Putnam County Emergency Operations Center;

9) observe the Farch 1982 exercises from the Orange County Emergency Operations Center;

10) observe the March 1982 exercises from a traffic control point in a sector selected for " evacuation

11) observe the March 1982 exercises from a reception center whose facilities are selected for testing;

12) observe the March 1982 exercises from a congregate care facility selected for testing;

13) observe the March 1982 exercises from a monitoring and decon-T

tanination center for workers, whose facilities are selected for testing;

14) observe the March 1982 exercises fr 1 nonitoring and .

decontamination center for the general public selected for testing;

15) observe the March 1982 exercises from a school, a hospital, and other institutions selected for testing.

It is further requested that the Board issue an order requiring the Licensees and Interest States to permit two representatives or consultants from one of the intervenor organizations to:

1) be present at any pre-exercise meetings at which County, State, and/or Federal officials will be briefed on their assignments; 2? be present at any pre-exercise meetings between County, State, and/or Federal observers;

3) be present at any pre-exercise briefings of the media by County, State, and/or Federal officials;

4) be present at any post-exercise meetings among .Countf, State and/or Federal agencies' observers.

It is further reonested that the Board issue an order requiring the release to intervenors of prepared scripts for and/or outlines of the exercises dictributed to participants in advance and also requiring the preservation by Federal agencies' observers of charts, notes, and comments on the exercise for further examination and discovery by intervenors.

Respectfully submitted, Joan Holt, Project Director Amanda Potterfield, Esq. Jeffrey M. Blum, Esq.

New York Public Interest New York University Law School Research Group, Inc. 423 Vanderbilt Hall 5 Beckman Street 40 k'ashington Square South New York, New York 10038 New York, New York 10012 (212) 49-64 Mr (2 598-3452 al

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New York, ew York February 9, 1982 e

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UNITED STATES OF AMERICA n NUCLEAR REGULATORY COMMISSION 'h[EIT BEFORE THE ATOMIC SAFETY AND LICENSING BOARD '82 'FEB 11 P2:55 ES{G' u.E-

- s.~f ,d..:. Ei-In the Matter of )  ;

) i CONSOLIDATED EDISON COMPANY OF NEW YORK ) Docket Nos. 50-247 SP 1 (Indian Point Unit 2) ) 50-286'SP l

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POWER AUTHORITY OF THE STATE OF NEW YORK )

(Indian Point Unit 3) ) February 9,1982 Certificate of Service i

I hereby certify that copies of:

UCS/NYPIRG MOTION FOR DISCOVERY AND TO PERMIT ENTRY UPON LAND IN CONTROL 0F THE LICENSEES AND INTERESTED STATES and NOTICE OF APPEARANCE AND MOTION TO AMEND SERVICE LIST have been served on the official minimum service list for the above captioned proceeding by depositing in the United States mail, first class, this 9th day of February , 1982.

AmandaPotterfield,Esq[ Jo Hol t P.O. Box 384 Ne York Public Interest Research Groen. Inc.

Village Station 5 eekman Street New Ycrk, New York 10014 'New York, New York 10038

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. UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '82 y p, p 9 g ,

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

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In ths Matter of: ) Docket Nos. 50-247 SP CONSOLIDATED EDIS0N COMPANY OF ) 50-286 SP NEW YORK (Indian Point, Unit 2) )

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POWER AUTHORITY OF THE STATE OF NEW YORK (Indian Point, Unit 3) January 27, 1982

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SERVICE LIST Docketing and Service Branch Paul F . Colamili, Esq.

Office of the Secretary Joseph J. Levin, Jr., Esq.

U. S. Nuclear Regulatory Commission Pamela S. Horowitz, Esq.

Washington, D.C. 20555 Charles Morgan, Jr. , Esq.

Morgan Associated, Chartered Louis J. Carter, Esq., Chairean 1899 L Street, N.W.

Administrative Judge Washington, D.C. 20036 Atomic Safety and Licensing Board -

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U.S. Nuclear Regulatory Commission Cnarles M. Pratt,.Esq.

Washington, D.C. 20555 Thomas R. Frey, Esq.

Power Authority of the Dr. Oscar H. Paris State of New York Administrative Judge 10 Columbus Circle Atomic Safety and Licensing Board New York, N.Y. 10019 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Ellyn R. Weisi Esq.

. William S. Jordan, III, Esq.

Mr. Frederick J. Shon HarTnon & Weiss Admi..nistrative Judge 1725 .I Street, N.W.,' Suite 506 Atomic Safety and Licensing Board Washington, D.C. 20006 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Joan Holt, Project Director Indian Point Project Janice Moore, Esq. New York Public Interest Counsel for NRC Staff -Research Group Office..of the Executive 5 Beekman Street Legal Director New York, N.Y. 10038 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 John Gilroy, Westchester Coordinator Indian Point Project .

Brent L. Brandenburg, Esq. New York Public nI'terest Assistant General Counsel Research Group Consolidated Edison Co. 240 Central Avenue of New York, Inc. White Plains, New York 10506 4 Irving Place New York, N.Y. 10003 m  ;

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Jeffrey M. Blum, Esq. Marc L. Parris, Esq.

New York University Law School County Attorney .

423 Vanderbdilt Hail County of Rockland 40 Washington Square So;th 11 New Hemstead Road New York, N.Y. 10012 New City, N.Y. 10010 Charles J. Maikish, Esq. Geoffrey Cobb Ryan Litigation Division Conservation Committee The Part Authority of Chairman, Director New York and New Jersey New Ycrk City Audubon Society One World Trade Center 71 West 23-d Street, Suite 1828 New York, N.Y. 10048 New York, N.Y. 10010 Ezra I. Bialik, Esq. Greater New York Council on Energy Steve Leipsiz, Esq. c/o Dean R. Corren, Director Environmental Protection Bureau New York University New York State Attorney 26 Stuyvesant Street General's Office New York, N.Y. 10003 Two World Trade Center New York. N.Y. 10047 .

Atomic Safety and Licensing Board Panel Alfred B. Del Bello U.S. Nuclear Regulatory Commission Westchester County Executive Washington, D.C. 20555 Westchester County 148 Martine Avenue Atomic Safety and Licensing New York, N.Y. 10601 Appeal Board Panel U.S. Nuclear Regulatory Commission Andrew S. Roffe, Esq. Washington, D.C. 20555 New York State Assembly Al b a ny, N .Y . 12248 Honorable Richard L. Brodsky Member of the County Legislature Renee Schwartz, Esq. Westchester County Botein, Hays, Sklar & Herzberg County Office Building Attorneys for Metropolitan White Plains, N.Y. 10601 Transportation Authority 200 Park Avenue Pat Posner, Spokesperson New York, N.Y. 10166 Parents Concerned About Indian Point Stanley B. Klimberg P.O. Box 125 General Counsel Croton-on-Hudson, N.Y. 10520 New York State Energy Office 2 Rockefeller State Plaza Charles A. Scheiner, Co-Chairperson Albany, New York 12223 Westchester People's Action Coalition, Inc.

Honorable Ruth Messinger P.O. Box 488 Member of the Council of the White Plains, N.Y. 10602 City of New York District #4 Alan Latman, Esq.

City Hall 44 Sunset Drive New York,' New York 10007 Croton-on-Hudson, N.Y. 10520

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. Lorna ~ Salzman i Mid-Atlantic Representative

• Friends of the Earth, Inc.

208 West 13th Street New York, N.Y. 10011 Zipporah S. Fleisher West Branch. Conservation Association 443 Buena Vista Road .

New City, N.Y. 10956 Mayor George V. Begany Village of Buchanan 236 Tate Avenue Buchanan, N.Y. 10511 -

Judith Kessler, Coordinator Rockland Citizens for Safe Energy 300 New Hemstead Road .

New City, N.Y. 10956 David H. Pikus, Esq.

Richard F. Czaja, Esq.

330 Madison Avenue .

New York, N.Y. 10017

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