ML20041C315
| ML20041C315 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 02/25/1982 |
| From: | Mcgurren H NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-SP, NUDOCS 8203010156 | |
| Download: ML20041C315 (7) | |
Text
'
4 y
\\
RECEWED g
UNITED STATES OF AMERICA Y.
M 011982s j' NUCLEAR REGULATORY COMMISSION
{ Iranwense BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 8
di In the Matter of
)
C0llSOLIDATED EDIS0N COMPANY OF Docket Nos. 50-247-SP NEW YORK (Indian Point, Unit 2)
)
50-286-SP
)
POWER AUTHORITY OF THE STATE OF
)
February 25, 1982 NEll YORK (Indian Point, Unit 3)
)
NRC STAFF RESPONSE TO NEW YORK CITY COUNCIL PETITION FOR LEAVE TO AMEND PETITION FOR INTERVENTION TO ADD FIVE ADDITIONAL SIGNATORIES I.
INTRODUCTION On February 5,1982, Ruth W. Messinger filed on behalf of herself and seventeen other members of the Council of the City of New York (hereinafter NYC Council) a document entitled "New York Council Petition for Leave to Amend Petition for Intervention to Add Five Additional Signatories" (hereinafter NYC Council Second Amendment).
In this docu-ment NYC Council requests leave to amend its petition for leave to intervene as an " interested state" by the addition of five Council-members' signatures to the petition.
The Staff has no objection to the additional named Councilmembers being provided in spite of the late amendment.1_/ However, the Staff M The instant request is late whether it is viewed as responding to the Board's December 2,1981 ruling calling for amendments by December 10,1981 (Tr. 42) or the Board's Memorandum and Order of January 11, 1982 allowing petitioners to answer opposition state-ments by January 29, 1982.
alSIGN!&T ORIGIED)s
.3..
i 8203010156 820225 PDR ADOCK 05000 f
Se//
. position regarding the compliance of NYC Council's petition for leave to intervene with 10 C.F.R. 9 2.715(c) is unchanged.
II. DISCUSSION NYC Council filed its petition for leave to intervene as an
" interested state" on November 6,1981. The NRC Staff responded to this petition on November 24, 1981.
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 (hereinafter Staff Response to Petition).
In its response the Staff noted that 10 C.F.R. 5 2.715(c) was written to provide only governmental units such as the NYC Council itself the opportunity to participate as an
" interested State" and did not give representatives of such governmental units the right to participate pursuant to 10 C.F.R. 6 2.715(c) in their own right. Staff Response to Petition at 8-9, and 31. The Staff added that it would support a request of NYC Council to intervene in this pro-ceeding pursuant to 10 C.F.R. f 2.715(c) provided that NYC Council itself
"... identifies an individual to represent the NYC Council and provides the Board with some assurance that such individual has been authorized to represent the NYC Council in this proceeding."
Id. at 31.
On December 10, 1981 NYC Council timely filed a document entitled
" Petition for Leave to Amend Petition for Intervention of the New York City Council Members and to Add Eight Additional Signatories." The Staff responded to this document on December 21, 1981.
Response of the NRC Staff to the Amendments to Petitions of UCS-NYPIRG, GNYCE, Parents,
. and WESPAC for Leave to Intervene and Amendments to Requests of the County and NYC Council for Participation as Interested States (herein-after Staff Response to Amendments).
In this response the Staff noted that NYC Council's petition was still deficient since the petition as amended failed to indicate that NYC Council voted to participate in the instant proceeding or identify a spokesperson to represent it in this proceeding.
Staff Response to Amendments at 14.
By its instant request, the NYC Council seeks leave to amend its petition for leave to intervene by the addition of five Councilmenbers' signatures to the petition. The Staff has no sbjection to the petition being further amended by addition of these signatures. However, while the Staff has no objection to the instant request, such amendment does not change the Staff's position that NYC Council has failed again to satisfy the intent of 10 C.F.R. 9 2.715(c). The instant request of NYC Council to add the names of five Councilmembers to the petition, even though they may together represent a maiority of the Council, does not satisfy 10 C.F.R. 9 2.715(c). As previously noted by the Staff, 10 C.F.R. 9 2.715(c) was written to provide only units of government, and not representatives themselves, participatory status as " interested states." Absent some official designation by the NYC Council itself (i.e., a resolution of the NYC Council) that it desires to participate in this proceeding and has authorized an individual to represent its interest in this proceeding, the NYC Council petition for leave to intervene as an " interested state" is deficient.
. III. CONCLUSION For the above reasons, the Staff has no objection to the additional named Councilmembers being provided. However, the Staff's position regarding compliance of NYC Council's petition for leave to intervene as an " interested state" with 10 C.F.R. 6 2.715(c) is unchanged.
Respectfully submitted,
(;y Q
<e Henrf{. McGurren Counsel for NRC Staff Dated at Bethesda, Maryland this 25th day of February,1982 4
)
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of CONSOLIDATED EDISON COMPANY Docket Nos. 50-247-SP 0F NEW YORK (Indian Point, Unit 2 50-286-SP POWER AUTHORITY OF THE STATE OF
)
NEWYORK(IndianPoint, Unit 3)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO NEW YORK CITY COUNCIL PETITION FOR LEAVE TO AMEND PETITION FOR INTERVENTION TO ADD FIVE ADDITIONAL SIGNATORIES" in the above-captioned proceeding have been served on the follow-ing 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 25th day of February, 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 Comission Charles Morgan, Jr., Esq.
5 Morgan Associated, Chartered Washington, D.C.
20555
- 1899 L Street, N.W.
Dr. Oscar H. Paris Washington, D.C.
20036 Administrative Judge Atomic Safety and Licensing Board Charles M. Pratt, Esq.
U.S. Nuclear Regulatory Commission Thomas R. Frey, Esq.
Power Authority of the State Washington, D.C.
20555
10019 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission Ellyn R. Weiss, Esq.
William S. Jordan, III, Esq.
Washington, D.C.
20555
- Harmon & Weiss Brent L. Brandenburg, Esq.
1725 I Street, N.W., Suite 506 Assistant General Counsel Washington, D.C.
20006 1
Consolidated Edison Cr. 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 Mayor George V. Begany 5 Beekman Street Village of Buchanan New York, N.Y.
10038 236 Tate Avenue i
Buchanan, N.Y.
10511 i,
.. + + - -...
1
,. John Gilroy, Westchester Coordinator Stanley B. Klimberg Indian Point Project General Counsel New York Public Interest New York State Energy Office Research Group 2 Rockefeller State Plaza 240 Central Avenue Albany, N.Y.
12223 White Plains, N.Y.
10606 Marc L. Parris, Esq.
Jeffrey M. Blum, Esq.
Eric Thorsen, Esq.
New York University Law School County Attorney, County of Rockland 423 Vanderbuilt Hall 11 New Hempstead Road 40 Washington Square South New City, N.Y.
10956 New York, N.Y.
10012 Geoffrey Cobb Ryan Charles J. Maikish, Esq.
Conservation Committee Litigation Division Chairman, Director The Port Authority of New York City Audubon Society New York and New Jersey 71 West 23rd Street, Suite 1828 One World Trade Center New York, N.Y.
10010 New York, N.Y.
10048 Greater New York Council on Ezra I. Bialik, Esq.
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 Honorable Richard L. Brodsky Member of the County Legislature Alfred B. Del Bello Westchester County Westchester County Executive County Office Building Westchester County White Plains, N.Y.
10601 148 Martine Avenue New York, N.Y.
10601 Pat Posner, Spokesperson Parents Concerned About Andrew S. Roffe, Esq.
Indian Point New York State Assembly P.O. Box 125 Albany, N.Y.
12248 Croton-on-Hudson, N.Y.
10520 Renee Schwartz, Esq.
Charles A. Scheiner, Botein, Hays, Sklar & Herzberg Co-Chairperson Attorneys for Metropolitan Westchester People's Action Transportation Authority Coalition, Inc.
200 Park Avenue.
P.O. Box 488 New York, N.Y.
10166 White Plains, N.Y.
10602 Honorable Ruth Messinger Lorna Salzman Member of the Council of the Mid-Atlantic Representative City of New York Friends of the Earth, Inc.
District #4 208 West 13th Street City Hall New York, N.Y.
10011 New York, N.Y.
10007
. Alan Latman, Esq.
Ms. Amanda Potterfield, Esq.
44 Sunset Drive P.O. Box 384 Croton-on-Hudson, N.Y.
10520 Village Station New York, NY 10014 Zipporah S. Fleisher West Branch Conservation Mr. Donald L. Sapir, Esq.
Association 60 East Mount Airy Road 443 Buena Vista Road Croton-on-Hudson, NY 10520 New City, N.Y.
10956 Judith Kessler, Coordinator Rockland Citizens for Safe Energy 300 New Hempstead Road New City, N.Y.
10956 David H. Pikus, Esq.
Richard F. Czaja, Esq.
330 Madison Avenue New York, N.Y.
10017 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- ok Ebdry(g. McGur en CounsM for NRC Staff
- - -. _ _ _ _ _