ML20071E956
| ML20071E956 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 03/09/1983 |
| From: | Brandenburg B CONSOLIDATED EDISON CO. OF NEW YORK, INC. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-SP, NUDOCS 8303150393 | |
| Download: ML20071E956 (8) | |
Text
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC FAFETY AND LICENSING BOARD '83 NE N Before Administrative Judges:
+
James P.
Gleason, Chairman
-:J :#
s
' Et' Frederick J.
Shon
'h0' Dr. Oscar H.
Paris
_______________________________________x In the Matter of Docket Nos.
50-247 SP CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. (Indian Point Unit No. 2) 50-286 SP POWER AUTHORITY OF THE STATE OF March 9, 1983 NEW YORK (Indian Point Unit No. 3)
_______________________________________x CON EDISON'S MOTION TO STRIKE SUPPLEMENTAL TESTIMONY OF DR. KAI T.
ERIKSON Consolidated Edison Company of New York, Inc.
licensee of Indian Point Unit No. 2
(" Con Edison") hereby moves for an order striking the supplemental testimony of Dr. Kai T. Erikson, filed on February 21, 1983 on behalf of intervenor-sponsors UCS/NYPIRG and Parents Concerned About Indian Point.
The testimony is not relevant to any issue Properly before the Board under the Commission's Orders, and is also unreliable hearsay which, if admitted, would effectively preclude any cross-examination by licensees.
r303150393 830309 PDR ADOCK 05000247
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This proceeding is under a mandate from the NRC to be Indian-Point-specific.
Commission Question 3 asks whether NRC emergency planning regulations are complied with at Indian Point, and Commission Question 4 asks whether there are specific, feasible emergency planning improvements that can be made ati Indian Point.
Testimony about Shoreham, or any other plant, is irrelevant to Indian Point emergency planning and whether or not there are any difficulties affecting emergency planning in the area around Indian Point.
Yet the supplemental testimony that Dr. Erikson proposes to present consists entirely of a report of a study, not conducted by Dr. Erikson, of purported emergency response in the area around LILCO's Shoreham plant in Suffolk County, Long Island.
Dr. Erikson mentions-Indian Point only insofar as he asserts, without reasoning or support, that the Shoreham study should be accepted as applicable to Indian Point.
The Commission has stressed that "the Board should focus clearly upon the [ Indian-Point-specific]
l questions asked by the Commission."
(CLI-81-1, p. 7; 13 NRC 1, 6 (1981).)- This intention of the Commission would l
l be thwarted by the introduction of voluminous and l
l irrelevant material, relating to an entirely different i
l l
l
, l l
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site, as proffered by Dr. Erikson.
Even in the area of comparative risk between Indian Point and other plants, which is the most specific inquiry into issues relating to other plants intended by the Commission, the Commission provided that: "The Board should limit its inquiry to generic examination of the range of risks and not go into any site-specific examination other than for Indian Point itself.
(CLI-81-1, p.
10; 13 NRC 1, 8 (1981).)
Surely the Commission did not intend that specific data from other sites be excluded in the comparative risk area (as it provided) while intending to permit emergency planning data from other sites to be admissible under Commission Questions 3 and 4.
If one were to accept, arguendo, that the Shoreham material were somehow relevant to this proceeding, then material from any other nuclear plant site would similarly be relevant, and this proceeding would be deprived of the Indian-Point-specific focus so clearly intended by the Commission.
Moreover, the material is irrelevant to Commission Question 3, since there is no mention of compliance or non-compliance with any NRC/ FEMA guideline.
It is also irrelevant to Commission Question 4, since there is no suggestion of any additional, feasible off-site emergency procedures that could be implemented at Indian _ _ _ _.
I Point.
The testimony purportedly addresses Contentions 3.2 and 3.7.
However, it fails to satisfy the reformulated version of Contention 3.2, since it does not address any specific NRC/ FEMA guideline, and it is also totally irrelevant to Contention 3.7, which deals not with parents' reactions to evacuation of their children, but with evacuation of the children themselves.
Finally, the Shoreham study underlying the testimony is entirely multiple-level hearsay, and unreliable.
Dr. Erikson had only the most passing connection with the Suffolk study.
Indeed, he claims only to have been " consulted" by the authors of the study, and to have '" commented" on a draft of the questionnaire.
This is clearly insufficient to allow the survey to be admitted as evidence in this proceeding, since licensees would be deprived of any opportunity to inquire how the survey was conducted.
i l
Respectfully submitted, I
/
h Brent L.
Brandenburg l
CONSOLIDATED EDISON COMANY I
OF NEW YORK, INC/
Licensee of Indian Point Unit 2 4 Irving Place New York, New York 10003 Dated: March 9, 1983 (212) 460-4600 New York, New York :
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UNITED STATED OF AM'ERICR NUCLEAR REGULATORY COMMISSION o
ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
James P.
Gleason, Chairman Dr. Oscar H.
Paris Frederick J.
Shon
_________________________________x CONSOLIDATED EDISON COMPANY OF Docket Nos. 50-247-SP NEW YORK, INC. (Indian Point, 50-286-SP Unit No. 2)
POWER AUTHORITY OF THE STATE OF NEW YORK, (Indian-Point, Unit No. 3)
_________________________________[
March 9, 1983 CERTIFICATE OF SERVICE I certify that I have served copies of Con Edison's Motion to Strike Supplemental Testimony of Dr. Kai T. Erikson on the following parties by deposit in the United States Mail this ninth day of March 1983.
Docketing and Service Branch
- Mr.
Frederick J. Shon Of fice of the Secretary Administrative Judge U.S.
Nuclear Regulatory Atomic Safety and Licensing Commission Board Washington, D.C.
20555 U.S. Nuclear Regulatory Commission
- James P.
Gleason, Esq., Chairman Washington, D.C.
20555 Administrative Judge 513 Gilmoure Drive James A.-Laurenson Silver Springs, Maryland 20901
~ Administrative Judge Atomic Safety and Licensing
- Dr. Oscar H.
Paris Board Administrative Judge U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Board Washington, D.C.
20555 U.S.
Nuclear Regulatory Commission Washington, D.C.
20555
- For parties marked with an asterisk, service is also being effected by hand delivery.
Paul F. Colarulli, Esq.
Charles J.
Maikish, Esq.
Joseph J. Levin, Jr., Esq.
Litigation Division Pamela S. Horowitz, Esq.
The Port Authority of*
Charles Morgan, Jr.,
Esq.
New York and New Jersey Morgan Associates, Chartered one World Trade Center 1899 L Street, N.W.
New York, New York 10048 Washington, D.C.
20036 Ezra I.
Bialik, Esq.
Charles M.
Pratt, Esq.
Steve Leipsiz, Esq.
Stephen L. Baum New York State Attorney Power Authority of the State General's Office of New York Two World Trade Center 10 Columbus Circle New York, New York 10047 New York, New York 10019 Alfred B.
Del Bello Ellyn R. Weiss, Esq.
Westchester County Executive William S. Jordan, III, Esq.
148 Martine Avenue Harmon & Weiss White Plains, New York 10601 1725 I Street, N.W.,
Suite 506
. Washington, D.C.
20006 Renee Schwartz, Esq.
Paul Chessin, Esq.
- Joan Holt, Project Director Laurens R.
Schwartz, Esq.
Indian Point Project Botein, Hays, Sklar & Herzberg New York Public Interest 200 Park Avenue Research Group New York, New York 10166 9 Murray Street New York, New York 10007 Stanley B.
Klimberg New York State Energy Melvin Goldberg 2 Rockefeller State Plaza Staff Attorney Albany, New York 12223 New York Public Interest Research Group Ruth Messinger 9 Murray Street Member of the Council of the New York, New York 10007 City of New York District #4 Jeffrey M. Blum City Hall New York University Law School New York, New York 10007 423 Vanderbilt Hall l
Washington Square South Marc L.
Parris, Esq.
New York, New York 10012 County Attorney L
County of hockland l
Donald Davidoff, Director 11 New Hempstead Road l
Radiological Preparedness New City, New York 10010 Group i
Empire State Plaza Craig Kaplan, Esq.
l Tcwer Building - Room 1750 National Emergency Civil i
Albany, New York 12237 Liberties Committee 175 Fifth Avenue - Suite 712 i
'lew York, New York 10010 i
e s
Joan Miles Alan Latman, Esq.
Indian Point Coordinator 44 Sunset Drive New York City Audubon Society Croton-on-Hudson, New York 10520 71 W. 23rd Street, Suite 1828 New York, New York 10010 Richard M. Hartzman, Esq.
Lorna Salzman Greater New York Council on Friends of the Earth, Inc.
Energy 208 West 13th Street c/o Dean R.
Corren, Director New York, New York 10011 New York University 26 Stuyvesant Street Zipporah S.
Fleisher New York, New York 10003 West Branch Conservation 443 Buena Vista Road Atomic Safety and Licensing New York, New York 10956 Board Panel U.S.
Nuclear Regulatory Mayor F. Webster Pierce Commission Village of Buchanan Washington, D.C.
20555 236 Tate Avenue Buchanan, New York 10511 Atomic Safety and Licensing Judith 1;essler, Coordinator
-Appeal Board Panel Rockland Citizens for Safe U.S.
Nuclear Regulatory Energy Commission 300 New Hempstead Road Washington, D.C.
20555 New City, New York 10956 Richard L.
Brodsky David H.
Pikus, Esq.
Member of the County Legislature Richard F.
Czaja, Esq.
Westchester County 330 Madison Avenue County Office Building New York, New York 10017 White Plains, New York 10601 Phyllis Rodriguez, Spokesperson
- Amanda Potterfield, Esq.
Parents Concerned About New York Public Interest Indian Point Research Group, Inc.
P.O.
Box 125 9 Murray Street, 3rd Floor Croton-on-Hudson, New York 10520 New York, New York 10007 Charles A.
Scheiner Janice Moore, Esq.
Co-Chairperson Office of the Execitive Westchester People's Action Legal Director Coalition, Inc.
U.S. Nuclear Regulatory P.O.
Box 488 Commission l
White Plains, New York 10602 Washington, D.C.
20555 l
Stewart M. Glass Regional Counsel, Room 1347 Federal Emergency Management Agency l
26 Federal Plaza l
ma
Jonathan D.
Feinberg New York State Public Service Commission David B.
Duboff Three Empire State Plaza Westchester People's Albany, New York 12223 Action Coalition 255 Grove Street Steven C. Sholly White Plains, New York 10601 Union of Concerned Scientists Spence W.
Perry 1346 Connecticut Avenue, N.W.
Office of General Counsel Suite 1101 Federal Emergency Washington, D.C.
20036 Management Agency 500 C Street Southwest
- David Lewis, Esq.
Washington, D.C.
20472 Atomic Safety and Licensing Board Panel Andrew S.
Roffe, Esq.
U.S. Nuclear Regulatory New York State Assembly Commission Albany, New York 12248 Washington, D.C.
20555 Dated:
!! arch 9, 1983 New York, New York I
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