ML20062M599

Supplemental Petition to Intervene in Proceeding as Interested State

ML20062M599
Person / Time
Site:	Indian Point
Issue date:	12/07/1981
From:	Begany G BUCHANAN, NY
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20062M596	List: ML20062M592 ML20062M599
References
ISSUANCES-SP, NUDOCS 8112170307
Download: ML20062M599 (5)

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• v. >;i~p UNITED STATES OF AMERICA '81 EC 14 P4:41 NUCLEAR REGULATORV COMMISSION g ATOMIC SAFETV AND LICENSING SOARD

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I Before AdninistAative Judges LOUIS 1. CARTER, Chabunan DR. OSCAR H. PARIS FREDERICK J. SHON

_______________________________________x in the Matter of CONSOL10ATED EDISON COMPANY OF NEW YORK (Indian Point, Unit 2) 5 4 Sf gg_ggg_gp POWER AUTHORITY OF THE STATE OF NEW YORK (Indian Point, Unit 3)

_______________________________________x SUPPLEMENTAL PETITION OF THE VILLAGE of BUCHANAN PLEASE TAKE NOTICE, that pwtsuant to 10 C.F.R. Seetion 2.714 e,t seq.

governing htterventions, the Village of Buchanan, Nao York begs leave to intervene in .the captioned proceeding and sets forth the followbtg in support of said application:

(1) That the Village of Buehanan, is a municipal corporation of New York State crea.ted pursuant .to Charter granted by the State of New York by an act of the New York Legislature entitled "Act .to inco.tporate .the Village of Buchanan, dated June 1,1928.

(2) Tha.t tids ptoceeding was htstituted pwtsuant .to a petition of

.the U> tion 'of Concerned Scientists requesting tlte penmanent closwte af .the Indian Pobst Units No. 2 and No. 3.

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l (3) Bou indian Point Units 2 and 3 are Located althin .the corporate bordeu of the Vit.lage of Buchanan. In addition, Consolidated Edisors' Compant) of New York, the licensee of Indian Point Unit t, provides electric service to the residents, businesses and otheA non-public entities within h e Vittage. Electricity is provided .to .the agencies of .the Village itself by .the Power Au.thority of the State of New York, licensee of Indian Point Unit 3, puMuant to conttact between .the Viiiage and the Authority, dated OctobeA 4,1976.

(4) in tight of the facts set forth above, any action taken by .the Nuclear Regulators) Comission which Witt effest .the continued operations of

.the Indian Point units witt have a dLtect and imediate effeet upon the Village.

(5) That puuuant to 10.C.F.R., Section 2.715(c), de Board is empowered to afford the representa.tives of any interested state, countt),

municipality and/or agenices uereof, a reasonable opportunitt) to participate and to inttoduce evidence, interrogate witnesses and advise de Comission of pertinent facts and informa. tion WLthout requiring kJte reptesentative to take a position witJt respect to ne issues. Such part also allows for .the filing by such participant of ptoposed findings and exceptions.

(6) That ne Vitiage of Buchanan, puMuant to 10 C.F.R., Seetion 2.715(c) herein moves fo.t leave to intervene in the captioned ptoceeding as an Interes.ted hticipality with tJte reservation of de furthet right to move at such later time as its interest may requ. ire patsuant to the ptovisions of 10 C,F.R.,

Section 2.714 for formal "partij" status.

I (7) Tha.t .the interests of the Vittage of Buchanan are not adequa.telt) represeded og ant) other padt).

(8) That the denial of standing to the Village of Buchanan .to intervene as an interested Municipality with leave .to intervene a.t such time, if its interests so dictate, as a party will cause serious prejudice t.o t!se deter-mination of its right.

(9) That t.he Village of Buchanan by resolution adopted on December 7, 1981 hereby designates the Vi!! age Attornet), Carl R. D' Alvia, its legal reptesentative with respect to 2.hese hearings and designa.tes Wefor George Begant) and Vice Matfor Chertfl Harding as its responsible parties therein.

WHEREFORE, .the Vittage of Buchanan requests that the Commission issue an Order permittbtg it t.o intervene herein as an interested Municipality with leave 2.0 intervene as a partt) at such fu.ture time as deemed appropt.iate bj .the Vittage and allowing it to participate fully herein by its Village Attornet),

Carl R. D'Alvia and Mayor and Vice Marjor. Copies of att documents and communications should be addressed and forwarded 2.o:

HON. GEORGE V. BEGANj Matfor CARL R. 0* ALVIA, ESQ.

236 Tate Avenue Vittage Attornet)

Buchanan, New York 10511 395 Sou.th Riverside Avenue, Croton on Hudson, New York Da.ted: Buchanan, New York December 7, 1981 Respectfultijsubmitted,

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GE0RGE V. BEGANY, MajoW Village of Buchanan, New York 1

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RESOWT10N 3j Eg 14 p4:41

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• A WHEREAS, de Vittage of Buchanan by its Mayor George V. Begaity, 'I:ifiled a petition in a matter before 2.he Nuclear Regulatory Commission and its administAative judges in connection with the matter of Consolidated Edison Company of New Yod and Indian Point Unit 2 and de Power Authority of the State of New York, Indian Point Unit 3 for leave .to intervene in dat particular !vtoceeding under Federal Docket Nos.52-247 SP and 50-286 SP. The proceedings being instituted pursuant .to petition af 2.he Union af Concerned Scientists with the scientists requesting 2.he pennanent closure of Indian Point Units 2 and 3; and WHEREAS, the Mayor on behalf of the Vittage did file said peti. tion wi.th 41e administtative jud9es; and WHEREAS, .the Village of Buchanan wishes t.o file a supplemental petition on behalf of ne Vittage so .tha.t it can acquire official status, NOW, THEREFORE, be it resolved, .that a supplemental peti. tion be filed on behatf cf the Vittage by .the Mayor, and Be it further resolved, B1at de Mayor and Vice Mayor of .the Vittage be and tJte same are hereby appointed as the individuals who wilt be the responsible parties for the Village in connection with he Vittage; and Be it further resolved, bta.t the Village Att.orney, Carl R. D' ALula, of 395 South Rive,tside Avenue, Croton on Hudson, New York be and the same is hereby authori::ed .to act as legal representative for ne Vittage of i

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j Buchanan, New York in this proceeding.

The vote on the foregoing resolution was as follows:

Ayes - Mayor George V. Begany, Trustees cheryl Hading and Bernard Jurinski and Edoard Ferris Absent - Jack Loeber Nayes - None 1, FRANK R. COLACINI, Village Clerk of the Village of Buchanan, New York, do hereby certify .that the foregoing is a true and acciutate copy of the resolution which was adopted at a seeking of the Board of Trustees of the Vittage of Buchanan, New York, duty called, held and conducted on .the 7th day of December,1981 and of the resolution adopted at said mee, ting.

WITNESS my hand and seal of the Village of Buchanan, New York on this 7th day af December,1981.  ; +

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4 (2?! t  % ,7: G F K R. COLACINI, t* ge Clerk, Village of Buchanan, New York 6