ML20069J855

Motion for Order Reversing ASLB 821001 Memorandum & Order Re Taking of Testimony on Questions 3 & 4 & Establishing Schedule for Presentation of Testimony Upon Expiration of 120-day Clock.Certificate of Svc Encl

ML20069J855
Person / Time
Site:	Indian Point
Issue date:	10/19/1982
From:	Vetere L WESTCHESTER COUNTY, NY
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-SP, NUDOCS 8210250287
Download: ML20069J855 (7)

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UNITED STATES OF AMERICA '82 00122 A11:15 NUCLEAR REGULATORY COMMISSION g a.

ATOMIC SAFETY AND LICENSING BOARD gjYEN!E!

, MA11CH Before Administrative Judges:

James P. Gleason, Chairman Dr. Oscar H. Paris Frederick J. Shon In the Matter of: )

)

CONSOLIDATED EDISON COMPANY ) Docket No. 50-247-SP OF NEW YORK STATE ) 50-286-SP

)

(Indian Point, Unit No. 2) )

)

POWER AUTHORITY'OF THE STATE )

OF NEW YORK )

) October 19, 1982 (Indian Point, Unit No. 3) )

WESTCHESTER COUNTY EXECUTIVE MOTION IN RESPONSE TO ASLB MEMORANDUM AND ORDER (OCTOBER 1, 1982)

WESTCHESTER COUNTY EXECUTIVE hereby moves this Board for an ORDER reversing this Board's current position regarding the taking of testimony on Commission Questions 3 and 4 and establishing a schedule which will allow the WESTCHESTER COUNTY EXECUTIVE to present testimony on Commission Questions 3 and 4

, immediately upon the expiration of the 120-day clock.

WESTCHESTER COUNTY EXECUTIVE duly filed testimony before this Board on June 14 and 16, 1982. As you know, the testimony of the WESTCHESTER COUNTY EXECUTIVE represents the factual data and opinions of those County Officials who are primarily responsible for implementation of the Emergency Response Plan S

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in the event of a radiological emergency. This testimony was ,

directed at the Commission Questions themselves and not to any particular contentions. According to the original schedule, WESTCHESTER COUNTY EXECUTIVE Witnesses were to begin presentation of their testimony on August 2, 1982.

The Nuclear Regulatory Commission in its MEMORANDUM AND ORDER of July 27, 1982 remanded that this Board reconsider and reformulate contentions in accordance with the guidance provided in that order. In light of this, filing deadlines and hearing schedules in these proceedings were suspended on July 27, 1982.

It is significant to note that these proceedings were suspended shortly after the Rockland County Officials had presented their testimony and one week before the Westchester County Officials were to begin their presentation.

As a result of the Federal Emergency Management Agency's

Interim Report which noted significant deficiencies in five planning standards, the Nuclear Regulatory Commission pursuant to 10 CFR 550.54 (s) (2) (ii) , initiated a "120-day regulatory clock" against the facilities at Indian Point on August 3, 1982.

Consequently, the Commission in its MEMORANDUM AND ORDER cf October 1, 1982 suggested that this Board proceed to take testi-mony on commission Questions 1, 2, 5, 6 and 7 before completing Questions 3 and 4. This Board has adopted this procedural framework for the future conduct of these proceedings.

It is undisputed that to hear testimony during the 120-day period would be wasteful of the time and resources of all the participants involved. However, the WESTCHESTER COUNTY EXECUTIVE

l submits that there is no reason why the WESTCHESTER COUNTY .

EXECUTIVE's testimony should not be heard immediately af ter the i

120-day regulatory period. It is submitted that this Board can receive the testimony from the WESTCHESTER COUNTY EXECUTIVE during the month of December while all parties are engaging in discovery and the preparation of testimony for Commission Questions 1, 2, 5, 6, and 7.

This proposed schedule will provide a thorough review of the corrective actions that have been undertaken or are underway and an analysis.of what deficiencies remain in effect. It is acknowledged that there has been some effort to resolve deficiencies in emergency planning, however, the WESTCHESTER COUNTY EXECUTIVE contends that these new developments could be discussed at the time testimony is presented; and without prejudice to the other The reformulation of contentions under Questions 3 and

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parties.

4 will not affect the relevancy of our testimony, as our testimony is solely directed at the Commission Questions them-selves.

It is maintained that further delay will be minimized by this Board in receiving the WESTCHESTER COUNTY EXECUTIVE's

! testimony already pre-filed before this Board. Moreover, a reversal of this Board's position regarding the taking of testimony on emergency planning will spare the County the expense

! involved in the substantial revision and preparation of testimony.

WHEREAS, the reformulation of contentions by this Board on Commission Questions 3 and 4 will not affect the relevancy of testimony filed by the WESTCHESTER COUNTY EXECUTIVE; and l

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• b y -; whereas,' substantial delay and expense will be minimized by this .,

proposed 4,chedule, the WESTCHESTER COUNTY EXECUTIVE prays for . .  !

ands ORDER granting the herein requeste Crelief and any other ,._.

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reliefm.that to this Atomic Safety and Licensing Board may seem t proper. -. l

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V s Respectfully submitted, -

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Laurie A. Vetere, Counsel Q <

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Alfred B. DelBello l .

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October 19,' 1982- <

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UNITED STATES OF AMERICA 00,QE[ED

~ g' NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOAd@ @J pp g In the Matter of ) .

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) *-WB & SEnvier entanru --

(CONSOLIDATED EDISON COMPANY ) Docket Nos. 50-247-SP OF NEW YHORK (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 WESTCHESTER COUNTY EXECUTIVE MOTION AND RESPONSE TO ASLB MEMORANDUM AND ORDER OCTOBER 1, 1982 in the above captioned proceeding have been served on the following by deposit in the United States mail, first class this 19 day of the October,1982 James P. Gleason,Esq., Chairman Paul L. 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, DC 20555 Morgan Associates, Chartered 1899 L. Street, N.W.

Dr. Oscar H. Paris Washington, DC 20036 r Administrative Judge Atomic Safety and Licensing Board Charles M. Pratt, Esq.

U.S. Nuclear Regulatory Commission Thomas R. Frey, Esq.

Washington, DC 20555 Power Authority of the

, State of New York l

Mr. Frederick J. Shon 10 Columbus Circle Administrative Judae New York, NY 10019 S fety and Licensing Board h!O*kuciearRegulatoryCommission Ellen R. Weiss, Esq.

Washington, DC 20555 hl'.liam S. Jordan, III, Esq.

Harmon & Weiss Brent L. Brandenburg, Esq. 1725 I Street, N.W., Suite 506 l Assistant General Counsel Washington, DC 20006

( Consolidated Edison Co. ,

l of New York, Inc. Joan Holt, Project Director

! 4 Irving Place Indian Point Project l New York, NY 10003 Now York Public Interest l

Research Group Janice Moore, Esq. 9 Murray i

Counsel for NRC Staf f New York, NY 10007 Office of The Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555

. John Gilroy, Wastchector Coordinator David B. Dubof f, Ecq.

Indicn Point Project Charles A. Schoiner, Co-Chcirpercon Westchester People's Action N2w York Public Interest Coalition, Inc. .

Research Group P.O. Box 488 240 Central Avenue White Plains, New York 10602 White Plains, NY 10606 Jeffrey M. Blum, Esq.

Alan Latman, Esq.

New York University Law School 44 Sunset Drive Croton-on-Hudson, New York 10520 423 Vanderbilt Hall 40 Washington Square South New York, N.Y. 10012 Judith Kressler, Coordinator Charles J. Maikish, Esq. Rockland Citizens for Litigation Division Safe Energy The Port Authority of q. 300 New Hempstead Road New York and New Jersey New City, New York 10956 One World Trade Center New York N.Y. 10048ersey Eric Thorson, Esq.

Marc L. Parris, Esq.

Ezra I. Bialik Esq. County Attorney Steve Leipsiz, Esq. County of Rockland Enviromental Protection Bureau 11 New Hempsteadd Road New York State Attorney New City, New York 10956 General's Office Two Workd Trade Centery Donald Davidoff New York N.Y. 10047 Director Radiological Emergency Preparedness Group Andrew S.Roffe, Esq. Empire State Plaza New York State Assembly Tower Building, Ro Albany, New York 12248 Margaret Oppel, Esq. Greater New York Council On Energy Renee Schwartz, Esq. c/o Dean R. Corren, Director Botein, Hays, Sklar & Herzberg New York University Attorneys for Metropolitan 26 Stuyvesant Street Transportation Authority New York, New York 10003 200 Park Avenue New York, NY 10166 Ruthanne G. Miller, Esq.

Stanley B. Klimberg Atomic Safety and L~icensing General Counsel Board Panel U.S. Nuclear Regulatory Commission New York State Energy Office Washington, D.C. 20555 2 Rockefeller State Plaza New York, NY 12223 Atomic Safety and Licensing Appeal Board Panel Honorable Ruth Messinger U.S. Nuclear Regulatory Commission Member of the Council of the Washington, DC 20555 Cityof New York District #4 City. Hall Ms. Amanda Potte: field New York, New York P.O. Box 384 10007 Village Station New York, New York 10014 Pat Posner, Spokesperson Parents Concerned About Indian Point P.O. Box 125 Croton-on-Hudson, New York 10520 .

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Richard M. Hartzman, Esq.

Lorna Salzman -

Mid-Atlantic Representative Friends of the Earth, Inc.

208 West 13th Street Naw York, New York 10011 Zipporah S.' Fleisher Want Branch Conservation Association 443 Buena Vista Road Nsw City, NY 10956 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, DC 20555 Mayor F. Webster Pierce Village of buchanan 236 Tate Avenue Buchanan, NY 10511 Honorable Richard L. Brodsky M2mber of the County Legislature

, Westchester County County Office Building White Plains, New York 10601 v.

David H. Pikus, Esq.

Richard F. Czaja, Esq.

330 Madison Avenue Nsw; York, New York 10017 Jonathan D. Feinberg New York State Public Service Commission l Three Empire State Plaza l Albany, New York 12223 3 Joan Miles 1

Indian Point Coordlnator New York City Audubon Society 71 West 23rd Street, Suite 1828 -

N,ew York, New York 10010  %

Dated: October 19,1982 White Plains , N.Y.

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