ML20049J188

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Memorandum & Order Approving Stipulations & Requesting Info. Lists Procedures to Be Followed by NRC & Licensees in Preserving Documents
ML20049J188
Person / Time
Site: Indian Point  Entergy icon.png
Issue date: 03/10/1982
From: Carter L, Paris O
Atomic Safety and Licensing Board Panel
To:
References
ISSUANCES-SP, NUDOCS 8203120240
Download: ML20049J188 (4)


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V UNITED STATES OF AMERICA j'

RECEWEO 3

MARIl I982b-

'82 \\Y 10 M S

'4 ATOMIC SAFETY AND LICENSING BOARD ady,Q"2ma:a Before Administrative Judges:

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Louis J. Carter, Chairman, g

Dr. Oscar H. Paris e

Frederick J. Shon y

In the Matter of

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CONSOLIDATED EDISON COMPANY )

Docket Nos. 50-247-SP 0F NEW YORK

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50-286-SP (Indian Point, Unit No. 2)

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POWER AUTHORITY OF THE

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STATE OF NEW YORK

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March 10, 1982

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(Indian Point, Unit No. 3) )

MEMORANDUM AND ORDER (Approving Stipulations and Requesting Information)

In our Memorandum and Order dated March 1,1982, we said that we would grant the "NRC Staff Motion for Approval of Stipulation", dated February 25, 1982, when signed copies of the stipulations were filed.

On March 5, 1982, the Staff forwarded to us, under cover of a letter, the signed

" Stipulation of NRC Staff, FEMA, and Petitioners Regarding UCS/NYPIRG's Motion for Discovery and to Permit Entry..

" and a signed " Stipulation of Rockland County and Petitioners Regarding UCS/NYPIRG's Motion...".

Staff's letter advised that the stipulation between Westchester County and the Petitioners was not executed, although Westchester County gave Peti-tioners access to its emergency operations center; therefore Staff withdrew s

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8203120240 820310 PDR ADOCK 05000247

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4' the portion of its motion for approval relating"to Westchester County.

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Staff now requests that the stipulation between it, FEMA,lan'd 'Pekitioners,

.i and the stipulation between Rockland County and; Petitioners,'be approved to ue

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complete tne record.

That request is hereby gran'ted.'! i V Although the stipulation between Rockland County and Petitioners and that portion of the stipulation between Staff, FEMA, and Petitioners relating to the permit to observe the emergency planning exercis'e are now moot since the exercise was neld on March 3,1982, sections of the latter

-. stipulation relating to the preservation of documents are not moot.

Those sections state as follows:

3)

The Staff further agrees to preserve the following items and documents prepared in connection with the exercise until the Comission 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.

4) FEMA further agrees to preserve the following items and documents prepared in connection with the exercise until the Comission 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 [from the final report]

b)

The reports submitted by the observers for FEMA to the FEMA team leaders.

It is the opinion of this Board that the aforesaid docunents, as well As any similar reports or documents prepared by the Licensees, who are not e

[9 parties to the stipulation, will be of value to the Board in addressing questions 3 and 4 of the Connission's January 8,1981 Memorandum and Order.

Any other documents not specifically mentioned in the above stipulation that explain or augment the information contained in the specified reports will also be of value to tne Board in assessing the adequacy of the emergency plans for Indian Point.

Accordingly, we are hereby directing both the Licensees and the Staff to preserve all such documents until the Conuission renders its decision in this proceeding, and we are setting forth herein procedures to be followed by the Staff and Licensees in maintaining the preserved documents.

Upon. consideration of the foregoing and the entire record of this matter, it is this 10th day of March, ORDERED 1.

That the NRC Staff, the Power Authority, and Consolidated Edison shall, each:

-(a)

Preserve all reports and drafts of reports prepared by them in connection with the emergency planning exercise, together with any additional documents which relate directly to, help explain, or provide background for the information contained in such reports.

(b) Prepare a list of all documents required to be preserved under 1(a) above by title, or by subject matter if untitled, and serve copies of the list on this Board and the parties to. this proceeding no

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- I later than 45 days following issuance of this Order.

Subsequent to tne service of this initial list, updated copies of the list shall be served if and when new documents are prepared or become available.

(c)

Designate a custodian of the listed documents and cause the custodian to maintain a repository of readable copies of the docu-ments.

The name and address of the custodian shall be provided with the initial list.

2.

The NRC Staff shall cbtain from FEMA a list of the documents FEMA

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_, is preserving under the terms of the approved stipulation and shall serve such list in this proceeding pursuant to 1(b) above.

Judge Shon concurs with this Order but was unavailable to sign it.

ATOMIC SAFETY AND LICENSING BOARD A h1]o 'h Louis J. ~ Cart

,, C iai rman ADMINISTRAT JUDGE W

M Oscar H. Paris ADMINISTRATIVE JUDGE Bethesda, Maryland March 10,1932 O

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