ML20071E829

Motion to Strike Ucs,Pirg of Ny & Parents Concerned About Indian Point Witness KT Erikson 830221 Supplemental Testimony.Testimony Is Beyond Scope of Commission Questions & Is Based on Inadmissible Hearsay.Certificate of Svc Encl

ML20071E829
Person / Time
Site:	Indian Point
Issue date:	03/08/1983
From:	Morgan C MORGAN ASSOCIATES, POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-SP, NUDOCS 8303140335
Download: ML20071E829 (10)

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u UNITED STATES OF AMERICA

.,, .E3 NUCLEAR REGULATORY COMMISSION l' }

ATOMIC BeforeSAFETY AND LICENSING Administrative Judges:BOARg O"11 p 7 ,,2l James P. Gle'ason, Chairnan Frederick J. Shon Dr. Oscar H. Paris

_________________j ____________.___ x In the Matter of Docket Nos.

CONSOLIDATED EDISON COMPANY O' rORK, 50-247 SP INC. (Indian Point, Unit No. .i  : 50-286 SP POWER AUTHORITY OF THE STATE OF NEW YORK,  : March 8, 1983 (Indian Point, Unit No. 3)

___________________________________________x POWER AUTHORITY'S MOTION TO STRIKE SUPPLEMENTAL TESTIMONY OF DR. KAI T. ERIKSON ATTORNEYS FILING THIS DOCUMENT:

Charles Morgan, Jr.

Paul F. Colarulli Joseph J. Levin, Jr.

MORGAN ASSOCIATES, CHARTERED 1899 L Street, N.W.

Washington, D.C. 20036 (202) 466-7000 e

8303140335 830308 PDR ADOCK 05000247 l(

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Preliminary Statement Power Authority of the State of New York (" Power Authority"), licensee of Indian Point 3 Nuclear Power Plant, hereby moves for an order striking the supplemental testimony filed on February 21, 1983 by UCS/NYPIRG and Parents Con-cerned About Indiap Point witness Kai T. Erikson. Our motion is based on the grounds that the supplemental testimony is:

(1) beyond the scope of the Commission's Questions and orders and is therefore irrelevant; and (2) based on inadmissible hearsay.

4 THE SUPPLEMENTAL TESTIMONY SHOULD BE STRICKEN A. The supplemental testimony is beyond the scope of the Commission's Questions and orders and is therefore irrelevant.

Dr. Erikson's supplemental testimony consists entirely of hearsay matter regarding the Shoreham Nuclear Generating Station being constructed by the Long Island Lighting Company in Suffolk County, New York, well outside the plume exposure and ingestion pathway emergency planning zones for Indian Point. In fact, the bulk of the so-called

" testimony" consists of a 183-page document entitled " Volume III, Suffolk County Radiological Emergency Response Plan."

The document contains no substantive reference to Indian

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Point or its licensees, and consists elmost entirely of surveys done in Nassau and Suffolk Counties on Long Island.

The Commission's July. 27, 1982 Order makes clear that this is a " focused" proceeding, and directs the Board to

" screen out those issues which, in its judgment, would make only a minor contribution to the Commmision's goal, incom-mensurate with the time and resources required to address them."1 (July 27,,1982 Order.at'12-13.)

Under this test or even general evidentiary principles of relevance (see, e.g.,

10 CFR S2.743), the supplemental testimony must be stricken.

Assuming that the hearsay problem could also somehow be cured, it would take many hours to cross-examine Dr. Erikson adequately on this voluminous material, and much longer to prepare. This would be a clear waste of the Board's and parties' time and resources. Since this proceeding is plain-ly Indian Point-specific, testimony about Shoreham, or any other nuclear plant site, is irrelevant.2 It does not iden-1 While the July 27 Order speaks in terms of screening out issues and contentions, a fortiori this guidance should apply to presentation of evidence. The Commission's obvious objective is to avoid wasting hearing time on matters beyond its primary concerns. To screen out issues and contentions, but then to allow the presentation of evidence without regard to the Commission's guidance, would make no sense, contravene the Commission's objectives, and waste time.

2 Even assuming that public perceptions surveyed at one site are somehow predictive of public perceptions elsewhere, Shoreham is a particularly inappropriate site for comparison.

Unlike Shoreham, which has yet to receive its operating license, nuclear plants have been operating at Indian Point for over 20 years. Emergency planning, training and public (footnote continued) 3 tify either NRC/ FEMA guidelines with which the Indian Point licensees are not in conformance (Commission Question 3) or additional specific, feasible off-site emergency procedures which could be implemented at Indian Point (Commission Ques-tion 4).

B. The testimony is purely hearsay.

Virtually all of the so-called " supplemental testi-4 many" is hearsay material written by others. Even the brief introduction written by Dr. Erikson himself is admfttedly based on those hearsay documents. Dr. Erikson's claim that he "was instrumental in designing those studies and in analy-zing the results" (Supplemental Testimony at 1) is not only insufficient to cure the hearsay defect, but is unsupported by the document itself. The authors of Volume III of the Suffolk Plan are identified in its table of contents; Dr.

Erikson is not among them. Indeed, the only reference to any work done by Dr. Erikson simply states that he was " consult-ed" by the preparer of one of the surveys and that he "com-mented" on a draft of the questionnaire. (" Responses of Emergency Personnel to a Possible Accident at the Shoreham Nuclear Power Plant" at 39.) Even Dr. Erikson does not claim to have conducted or supervised the survey himself. Since (footnote continued from previous page) education have been underway for many years at Indian Point.

Moreover, unlike Shoreham, Indian Point has a State-approved emergency preparedness plan. There is plainly no basis for comparison.

't 8 the actual authors and administrators of the survey will not be present for cross-examination, the supplemental testimony is inadmissible hearsay. .

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Respectfully submitted, s 1 Charles Morgan, Jr(f @

Paul F. Colarulli Joseph J. Levin, Jr.

MORGAN ASSOCIATES, CHARTERED 1899 L Street, N.W.

Washington, D.C. 20036 (202) 466-7000

. Stephen L. Baum 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: March 8, 1983 9

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD .

Before Administrative Judges:

James P. Gleason, Chairman Frederick J. Shon Dr. Oscar H. Paris l

)

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 ) March 8, 1983 (Indian Point, Unit No. 3) )

)

CERTIFICATE OF SERVICE I hereby certify that copies of POWER AUTHORITY'S MOTION TO STRIKE SUPPLEMENTAL TESTIMONY OF DR. KAI T. ERIKSON in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, this 8th day of March, 1983.

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

• James P. Gleason, Esq., Chairman **Joan Holt, Project Director Administrative Judge Indian Point Project Atomic Safety and Licensing New York Public Interest Board Research Group 513 Gilmoure Drive 9 Murray Street Silver Spring, Maryland 20901 New York, N.Y. 10007 l

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t Janice Moore, Esq.

• Dr. Oscar H. Paris Administrative Judge Counsel for NRC Staff Atomic Safety and Licensing Office of the Executive U.S. Nuclear Regulatory Legal Director Commission U.S. Nuclear Regulatory Washington, D.C. 20555 - Commission Washington, D.C. 20555

• Mr. Frederick J. Shon Brent L. Brandenburg, Esq.

Administrative Judge Assistant General Counsel Atomic Safety and, Licensing Consolidated Edison Co.

Board of New York, Inc.

U.S. Nuclear Regulatory 4 Irving Place Commission New York, N.Y. 10003 Washington, D.C. 20555 Jeffrey M. Blum, Esq. Charles J. Maikish, Esq.

New York University Law Litigation Division School The Port Authority of 423 Vanderbilt Hall New York and New Jersey 40 Washington Square South One World Trade Center New York, N.Y. 10012 New York, N.Y. 10048 Ezra I. Bialik, Esq.

Marc L. Parris, Esq. Steve Leipsig, Esq.

Eric Thorsen, Esq. Enviromental Protection Bureau County Attorney New York State Attorney County of Rockland General's Office 11 New Hemstead Road Two World Trade Center New City, N.Y. 10956 New York, N.Y. 10047 Joan Miles Alfred B. Del Bello Indian Point Coordinator Westchester County Executive New York City Audubon Society Westchester County 71 West 23rd Street, Suite 1828 148 Martine Avenue New York, N.Y. 10010 White Plains, N.Y. 10601 Greater New York Council on Energy c/o Dean R. Corren, Director New York University 26 Stuyvesant Street New York, N.Y. 10003 1

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6 Atomic Safety and Licensing Atomic Safety and Licensing Board Panel ,

Appeal Board Panel 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 Paul Chessin, Esq. Parents Concerned About Laurens R. Schwartz, Esq. Indian Point Margaret Oppel, Esq. P.O. Box 125 Botein, Hays, Sklar & Herzberg Croton-on-Hudson, N.Y. 10520 200 Park Avenue 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 Richard M. Hartzman, Esq. Zipporah S. Fleisher Lorna Salzman 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 e

i Mayor George V. Begany Judith Kessler, Coordinator Village of Buchan'an .

Rockland Citizens for Safe 236 Tate Avenue Energy

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8 Buchanan, N.Y. 10511 300 New Hempstead Road New City, N.Y. 10956

• David Lewis, Esq. Mr. Donald Davidoff Atomic Safety and Licensing Director, Radiological Board Panel Emergency Preparedness U.S. Nuclear Regulitory Group Commission Empire State Plaza Washington, D.C. 20555 Tower Building, RM 1750 Albany, New York 12237 Stewart M. Glass **Amanda Potterfield, Esq.

Regional Counsel Johnson & George, Attys at L d Room 1349 528 Iowa Avenue Federal Emergency Management Iowa City, Iowa 52240 Agency 26 Federal Plaza New York, New York 10278 Melvin Goldberg Steven C. Sholly Staff Attorney Union of Concerned Scientists New York Public Interest 1346 Connecticut Ave., N.W.

Research Group Suite 1101 9 Murray Street Washington, D.C. 20036 New York, New York 10007 ,

Spence W. Perry Office of General Counsel Federal Emergency Management Agency 500 C Street, Southwest Washington, D.C. 20472 David H. Pikus

• Service also effected by hand delivery on March 9, 1983.

• • Servire also effected by hand delivery on March 8, 1983 at the offices of NYPIRG.

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