ML20065C211

Motion to Permit Entry Upon Land Controlled by Licensees & to Allow Observance of 830309 Emergency Planning Exercise from Both Units 2 & 3 Control Rooms & from near-site Emergency Operations Facility

ML20065C211
Person / Time
Site:	Indian Point
Issue date:	02/22/1983
From:	Holt J PUBLIC INTEREST RESEARCH GROUP, NEW YORK
To:	CONSOLIDATED EDISON CO. OF NEW YORK, INC., POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK
References
ISSUANCES-SP, NUDOCS 8302240314
Download: ML20065C211 (3)

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' 00' KETED UNITED STATES OF AMERICA a:ec NUCLEAR REGULATORY COMISSION

'83 FEB 23 A10:35 BEFORE THE COMMISSIONERS ..,_ ,

_a unt ua n a sEuvlCE idANCH In the Matter of )-

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CONSOLIDATED EDIS0N COMPANY OF NEW YORK ) Docket Nos. 50-247 SP (Indian Point Unit 2) ) 50-286 SP

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POWER AUTHORITY OF THE STATE OF NEW YORK ) February 22, 1983 (Indian Point Unit 3) )

NYPIRG MOTION FOR DISCOVERY PURSUANT TO 10 CFR 2.741(a)

(2) TO PERMIT ENTRY UPON LAND IN CONT'10L OF THE' LICENSEES The New York Public Interest Research Group request the Commissioners to issue an order requiring the Licensees, CONSOLIDATED.

EDISON COMPANY OF NEW YORK, and the POWER AUTHORITY OF THE STATE OF NEW YORK, to permit representatives of intervenors'in this matter to l observe the emergency planning exercise scheduled for the Indian Point l

site on March 9, 1983.

This motion has been presented directly to the Commissioners l-because of the unique circumstances and prior history of this' proceeding. l A similar mot. ion regarding the March 1982 exercise at Indian Point was ultimately decided by the Commissioners, and it being likely that this motion would also likely be so decided, the brief time remaining before t'

l the exercise requires that the usual procedural steps by supervened.

The emergency planning exercise scheduled for March 9, 1983 is i

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relevant to Commission Question Three and to Board Contentions.there-- ---

under and is well within the ' scope of discovery.10 CFR 2.740(b)(1) .

The circumstances surrounding the upcoming exercise are substantially different.than those of the 1982 emergency planning exercise. The Indian Point emergency plans have been found by FEMA to have significant deficiencies and the March exercise and subsequent FEMA evaluation will be critical evidence in this matter concerning emergency planning issues under Commission Question 3 and Board Contentions thereunder. But FEMA evaluations of emergency planning at Indian Point have come under critical scrutiny during this investigation.

Thus, the observations of intervenor representatives will prove necessary in order to test the FEMA findings resulting from the emergency exercise. .

NYPIRG appreciates the need for the drill to be conducted without hindrance and obstruction,- and intend by this request to gain relevant information in the most efficient and least burdensome manner to all parties. Observers can be positioned where they can see and hear but cannot interfere with the operation. Intervenor observers will agree to: stay behind barriers which permit visual and auditory observation and will refrain from speaking to exercise participants or distracting talk. The NRC Staff, in~its March 2, 1982 RESPONSE TO LICENSING BOARD'S CERTIFICATION OF 1TS RULING, noted that the presence of intervenor observers would not cause immediate, serious, irreparable harm. . (RESPONSE at p. 6)

WHEREFORE, the New York Public Interest Research Group requests

- the Commissioners to issue an order requiring the Licensees to permit two intervenor representatives or consultants to:

(1) observe the March 1983 exercise from the control room of Indian Point Unit 2 (Con Edison);

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(2) observe.the March 1983 exercise from the control room -

of Indian Point Unit 3 (PASNY);

(3) observe the March 1983 exercise from the near-site emergency operations facility.

Respectfu y submitted, N

JOAN LT, Project Director New rk Public Interest Research Group,.Inc.

9 Murray Street New York, New York 10007 (212) 349-6460

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