ML20041C329
| ML20041C329 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 02/25/1982 |
| From: | Johari Moore NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-SP, NUDOCS 8203010170 | |
| Download: ML20041C329 (10) | |
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UNITED STATES OF AMERICA 2
CEWED NUCLEAR REGULATORY COMMISSION 2
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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CONSOLIDATED EDISON COMPANY 0FNEWYORK(IndianPoint, Unit 2))
Docket Nos. 50-247-SP 50-286-SP POWER AUTHORITY OF THE STATE OF
)
February 25, 1982 NEW YORK (Indian Point, Unit 3)
)
NRC STAFF MOTION FOR APPROVAL OF STIPULATION I.
INTRODUCTION Pursuant to 10 C.F.R. 5 2.753 of the Commission's regulations, the NRC Staff respectfully moves the Licensing Board designated to preside over the above-captioned proceeding to approve the attached stipulations.
Petitioners and Westchester County join in this motion.
FEMA although not a party to this proceeding concurs in this motion.
II. DISCUSSION On February 24, 1982, a meeting was held in White Plains, New York attended by persons affected by the pending motion for discovery filed by UCS/NYPIRG and joined by other petitioners for leave to intervene in the above-captioned proceeding. As a result of that meeting several stipulations were negotiated concerning portions of the pending motion.
These stipulations have been attached, although they are not yet signed by all the stipulating parties. This procedure has been agreed to by all persons concerned with the stipulations due to the necessity for the prompt filing of these stipulations with the Board.
Signed copies will be provided to the Board by March 2, 1982.
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. One portion of the stipulation between Petitioners, NRC Staff, and FEMA should be brought to the Board's attention.
It was understood by those present at the meeting that Petitioners would be attending a pre-exercise nedia briefing scheduled for February 25, 1982. Therefore, Paragraph 3 of Petitioners' further requests on page 5 of their motion is reflected in this stipulation as being withdrawn.
Paragraph 3 states:
"3) be present at any pre-exercise briefings of the media by County, State, and/or Federal officials."
These stipulations represent an equitable resolution of certain of Petitioners' requests contained in paragraphs 7 and 10 through 15 on page 4-5, paragraphs 1 through 4 of their further requests on page 5, and of the requests made in the last paragraph on page 5 of their motion; and should be accepted by this Board.
III.
CONCLUSION For the reasons set forth above, the Staff respectfully requests this Board to approve the attached unsigned stipulations pending the Board's receipt of the signed documents.
Respectfully submitted,
'O PL/L3 O P
. /V\\ ffME Janice E. Moore Counsel for NRC Staff Dated at Bethesda, Maryland this 25th day of February,1982 l
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of CONSOLIDATED EDIS0N COMPANY Docket Nos. 50-247-SP 0F NEW YORK (Indian Point, Unit 2) 50-286-SP POWER AUTHORITY OF THE STATE OF NEW YORK (Indian Point, Unit 3)
)
February 25, 1982 STIPULATION OF NRC STAFF, FEMA, AND PETITIONERS REGARDING UCS/NYPIRG'S 110 TION FOR DISCOVERY AND TO PERMIT ENTRY UPON LAND IN CONTROL OF THE LICENSEES AND INTERESTED STATES It is stipulated between Petitioners Union of Concerned Scientists and New York Public Interest Research Group (UCS/NYPIRG), the Westchester Peoples' Action Coalition (WESPAC), Parents Concerned About Indian Point (Parents), Greater New York Council on Energy (GNYCE), Friends of the Earth (F0E), the New York City Audubon Society (NYC Audubon), West Branch Conservation Association (WBCA), Rockland Citizens for Safe Energy (RCSE),II and the Staff of the Nuclear Regulatory Comission (NRC Staff) with the agreement of the Federal Emergency Management Agency (FEMA)2_/ as follows:
1)
Petitioners withdraw paragraphs 10 through 15 on pages 4-5, para-graphs 1 through 4 of Petitioners' further requests on page 5, and
~1/
Amanda Potterfield, counsel for NYPIRG, has been authorized by the above-named Petitioners to sign this stipulation on their behalf.
2_/
Although FEMA is not a party to the above-captioned proceeding, it is the Federal agency primarily responsible for observing the offsite portion of the Indian Point emergency planning exercise.
As such, FEMA voluntarily participated in the negotiation of this stipulation, and has made certain commitments reflected in this stipulation.
. the last paragraph on page 5 of "UCS/NYPIRG Motion For Discovery and to Permit Entry Upon Land in Control of the Licensees and Interested States."
2)
In exchange for this withdrawal FEMA, with the agreement of the l
Staff, agrees to provide information to representatives of Petitioners who may be present in the County Emergency Operations Center on the day of the exercise, but no sooner than the time at which the participants are informed, as to the location of the activities outlined in paragraphs 10 through 15.
FEMA, with the agreement of the Staff, agrees to notify the persons who control these locations that FEMA and the Staff have no objection to the presence of no more than two (2) Petitioner representatives at these locations. However, it is understood that the Staff and FEMA have no authority to require the perseas who control those locations to permit the presence of Petitioner representatives.
Petitioners agree that their representatives will merely audit the activities and will in no manner hinder or attempt to participate in the activi-ties or discussions.
3)
The Staff further agrees to preserve the following items and docu-ments prepared in connection with the exercise until the Commission has rendered its decision in the above-captioned proceeding:
a)
All draft reports prepared by the NRC team leader b)
Written reports, if any, submitted to the NRC team leader.
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FEMA further agrees to preserve the following items and documents prepared in connection with the exercise until the Commission has rendered its decision in the above-captioned proceeding:
a)
The FEMA team leaders' reports and any drafts of those reports if they are materially different b)
The reports submitted by the observers for FEMA to the FEMA team leaders.
5)
FEMA, with the agreement of the Staff, also agrees that Petitioners shall be permitted to make a tape recording of the public post-exercise meeting scheduled for March 6, 1982.
PRJLAM.L.. JV1f77ROu Janice E. Moore Counsel for NRC Staff Stewart Glass Regional Counsel Amanda Potterfield Counsel for UCS/NYPIRG Dated:
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 NEW YORK (Indian Point, Unit 3)
February 25, 1982 STIPULATION OF WESTCHESTER COUNTY AND PETITIONERS REGARDING UCS/NYPIRG'S MOTION FOR DISCOVERY AND TO PERMIT ENTRY UPON LAND IN CONTROL OF THE LICENSEES AND INTERESTED STATES It is stipulated between Petitioners Union of Concerned Scientists and New York Public Interest Research Group (UCS/NYPIRG), the Westchester Peoples' Action Coalition (WESPAC), Parents Concerned About Indian Point (Parents), Greater New York Council on Energy (GNYCE), Friends of the Earth (F0E), the New York City Audubon Society (NYC Audubon), West Branch Conservation Association (WBCA), Rockland Citizens for Safe Energy (RCSE),l/ and Westchester County as follows:
1)
Petitioners withdraw paragraph 7 on page 4 of "UCS/NYPIRG Motion for Discovery and to Permit Entry Upon Land in Control of the Licensees and Interested States."
1/
Amanda Potterfield, counsel for NYPIRG, has been authorized by the above-named Petitioners to sign this stipulation on their behalf.
- 2)
In exchange for this withdrawal Westchester County agrees to permit no more than two (2) Petitioner representatives to observe the Indian Point emergency planning exercise from the main assembly room of the Westchester County Emergency Operations Center. No other rooms in the Emergency Operations Center will be made accessible to Petitioners as part of this stipulation.
Petitioners agree merely to audit the emergency planning exercise and in no way hinder or attempt to participate in the activities in the Westchester County Emergency Operations Center or in discussions at that center.
David Smith Director of Intergovernmental Relations Amanda Potterfield Counsel for UCS/NYPIRG Dated:
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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 OF NEW YORK (Indian Point, Unit 2 50-286-SP POWER AUTHORITY OF THE STATE OF
)
NEW YORK (Indian Point, Unit 3)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF MOTION FOR APPROVAL OF STIPULATION" 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 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 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 M. Pratt, Esq.
U.S. Nuclear Regulatory Commission Thomas 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. Weiss, 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 flayor George V. Begany 5 Beekman Street Village of Buchanan New York, N.Y.
10038 236 Tate Avenue Buchanan, N.Y.
10511 1
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John Gilroy, Westchester Coordinator Stanley B. Klimberg Indian Point Project General Counsel New York Public Interest flew 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
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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
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