ML20050C008

Initial Response to ASLB 820310 Memorandum & Order Approving Stipulations & Requesting Info.Info Order Should Apply to Potential Intervenors as Well as to Applicant.Certificate of Svc Encl

ML20050C008
Person / Time
Site:	Indian Point
Issue date:	04/02/1982
From:	Brandenburg B, Levin J, Levin J CONSOLIDATED EDISON CO. OF NEW YORK, INC., MORGAN ASSOCIATES
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-SP, NUDOCS 8204080004
Download: ML20050C008 (8)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

• 82 fPP -6 A11 :50 ATOMIC SAFETY AND LICENSING BOARD t.

Before Administrative Judges:

Louis J. Carter, Chairman Frederick J. Shon Dr. Oscar H. Paris

...______________________________________x In the Matter of  : Docket Nos.

CONSOLIDATED EDISON COMPANY OF NEW YORK  : 50-247 SP INC. (Indian Point, Unit No. 2) 50-286 SP POWER AUTHORITY OF THE STATE OF NEW YORK (Indian Point, Unit No. 3)  : April 2, 1B._

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'idC c i,s. 9 LICENSEES' INITIAL RESPONSE g 4pg7 gT

D T TO BOARD'S ORDER (APPROVING 70gp STIPULATIONS AND REQUESTING '), tit: $[

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INFORMATION) L, 4 i s-O P Consolidated Edison Company of New York, Inc., W licensee of Indian Point Unit 2, and Power Authority of the State of New York, licensee of Indian Point Unit 3, (collec-tively the " licensees") submit this initial response to the Atomic Safety and Licensing Board's (the " Board") Memorandum and Order (Approving Stipulations and Requesting Information),

dated March 10, 1982 (the " March 10 Order").

The immediate impetus for the March 10 Order appears to have been the "NRC Staff Motion for Approval of Stipulation,"

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dated February 25, 1982 (" Staff Motion"). The licensees were not parties to the stipulations which were the subject of the Staff Motion and filed no response to that motion. However, the March 10 Order not only deals with the stipulations which were the subject of the Staff Motion, but also imposes certain obligations on the licensees, non-parties to the stipulations.

While the licensees did not respond to the Staff Motion itself, the Staff Motion resulted from the "UCS/NYPIRG Motion for Discovery and to Permit Entry upon Land in Control of the Licensees and Interested States," dated February 9, 1982

("UCS/NYPIRG Motion"), which the licensees did oppose. Cer-tain aspects of that opposition, including the licensees' ju-risdictional objections, are applicable to the March 10 Order.

While the licensees will comply with the terms of the March 10, Order, they do not thereby waive their objections to that Order as stated in the licensees' filings in opposition to the UCS/

NYPIRG motion.

In addition, the provisions of the March 10 Order should apply to potential intervenors herein as well as to the licensees. As a result of the UCS/NYPIRG motion, various governmental authorities permitted representatives of potential l

intervenors access to their facilities during the March 3 ex- q l

ercise. Such observations (and other-activities of potential j l

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4 intervenors) undoubtedly resulted in the production of documents of the type described in the March 10 Order.

Further, even prior to the commencement of discovery, it is clear that the actions, as well as the observations, of representatives of potential intervenors during the March 3 exercise will be at issue. Published reports have indicated that Joan Holt of NYPIRG encouraged non-participation in the exercise by Rockland County employees. Thus to the extent that evidence of alleged deficiencies in the exercise is presented to the Board, evidence of the reasons for these deficiencies will also be presented -- and such evidence may include evidence of the actions of representatives of potential intervenors.

Conclusion .

In these circumstances, if the March 10 Order is to apply, it should apply to potential intervenors as well as to the licensees.

Respectfully submitted,

.b X Brandenburg Brent L. . I b . m.-%(.mMfg Is-,._~,e A.

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.Charle's Morgian, Jr.

m ,' h-a Paul F. Colarulli 4 $b g g Joseph J. Levin, Jr.

CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.

Licensee of Indian Point MORGAN ASSOCI ATES, CHARTERED Unit 2 1899 L Street, N.W.

4 Irving Place Washington, D.C. 20036 New York, New York 10003 (202) 466-7000 (212) 460-4600 O

I Thomas R. Frey General Counsel Charles M. Pratt Assistant General Counsel POWER AUTHORITY OF THE STATE OF NEW YORK Licensee of Indian Point Unit 3 10 Columbus Circle New York, New York 10019 (212) 397-6200 Bernard D. Fischman Michael Curley Richard F. Czaja David H. Pikus SHEA & GOULD 330 Madison Avenue New York, New York 10017 (212) 370-8000 Dated: April 2, 1982 l

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 82 DR -6 N1 :50 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges: I

Lcuis J. Carter, Chairman Frederick J. Shon Dr. Oscar H. Paris

)

In the Matter of ) Docket Nos.

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CONSOLIDATED EDISON COMPANY OF NEW YORK, ) 50-247 SP INC. (Indian Point, Unit No. 2) )30-286 SP POWER AUTHORITY OF THE STATE OF NEW YORK )

(Indian Point, Unit No. 3) ) April 2, 1982

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CERTIFICATE OF SERVICE I hereby certify that copies of LICENSEES' INITIAL RESPONSE TO BOARD'S ORDER ( APPROVING STIPULATIONS AND REQUESTING IN FORMATION ) in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, this 2nd day of April, 1992.

Docketing and Service Branch Ellyn R. Weiss, Esq.

Office of the Secretary william S. Jordan, III, Esq.

U. S. Nuclear Regulatory Harmon & Weiss Commission 1725 I Street, N.W., Suite 506 Washington, D.C. 20555 Washington, D.C. 20006 Louis J. Carter, Esq., Chairman Joan Holt, Project Director Administrative Judge Indian Point Project I Atomic Safety and Licensing New York Public Interest j Board Research Group l 7300 City Line Avenue 5 Beekman Street l Philadelphia, Pennsylvania 19151 New York, N.Y. 10038 I l

a Dr. Oscar H. Paris John Gilroy, Westchester Administrative Judge Coordinator Atomic Safety and Licensing Indian Point Project U.S. Nuclear Regulatory New York Public Interest Commission Research Group Washington, D.C. 20555 240 Central Avenue White Plains, New York 10606 Mr. Frederick J. Shon Janice Moore, Esq.

Administrative Judge Counsel for NRC Staff Atomic Safety and Licensing Office of the Executive Board Legal Director U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Jeffrey M. Blum, Esq.

New York University Law School 423 Vanderbilt Hall 40 Washington Square South New York, N.Y. 10012 Marc L. Parris, Esq. Charles J. Maikish, Esq.

Eric Thorson, Esq. Litigation Division County Attorney The Port Authority of County of Rockland New York and New Jersey 11 New Hemstead Road One World Trade Center New City, N.Y. 10956 New York, N.Y. 10048 Geoffrey Cobb Ryan Ezra I. Bialik, Esq.

Conservation Committee Steve Leipsiz, Esq.

Chairman, Director Enviromental Protection Bureau New York City Audubon Society New York State Attorney 71 West 23rd Street, Suite 1828 General's Office New York, N.Y. 10010 Two World Trade Center New York, N.Y. 10047 Greater New York Council on Alfred B. Del Bello Energy Westchester County Executive c/o Dean R. Corren, Westchester County Director 148 Martine Avenue New York University New York, N.Y. 10601 26 Stuyvesant Street New York, N.Y. 10003 r

Atomic Safety and Licensing Atomic Safety and Licensing l Board Panel Appeal Board Panel 1 U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Andrew S. Roffe, Esq. Honorable Richard L. Brodsky New York State Assembly Member of the County Albany, N.Y. 12248 Legislature Westchester County County Office Building White Plains, N Y. 10601 Renee Schwartz, Esq. Pat Posner, Spokesperson Botein, Hays, Sklar & Herzberg Parents Concerned About Attorneys for Metropolitan Indian Point Transportation Authority P. O. Box 125 200 Park Avenue Croton-on-Hudson, N.Y. 10520 New York, N.Y. 10166 Stanley B. Klimberg Charles A. Scheiner, Co-General Counsel Chairperson New York State Energy Office Westchester People's Action 2 Rockefeller State Plaza Coalition, Inc.

Albany, New York 12223 P. O. Box 488 White Plains, N.Y. 10602 Honorable Ruth Messinger Alan Latman, Esq.

Member of the Council of the 44 Sunset Drive City of New York Croton-on-Hudson, N.Y. 10520 District No. 4 City Hall New York, New York 10007 Lorna Salzman Zipporah S. Fleisher Mid-Atlantic Representative West Branch Conservation Friends of the Earth, Inc. Association 208 West 13th Street 443 Buena Vista Road New York, N.Y. 10011 New City, N.Y. 10956

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Mayor George V. Begany Judith Kessler, Coordinator Village of Buchanan Rockland Citizens for Safe 236 Tate Avenue Energy 1 Buchanan, N.Y. 10511 300 New Hempstead Road New City, N.Y. 10956 Ms. Amanda Potterfield, Esq. Mr. Donald L. Sapir, Esq.

P.O. Box 384 60 East Mount Airy Road Village Station RFD 1, Box 360 New York, New York 10014 Croton-on-Hudson, New York 10520 David H. Piku's i

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