ML20079K831

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Forwards Motion to Dismiss Contentions 2.1(a) & 2.1(d) & Memorandum Supporting Motion.Ucs/Ny Pirg Failure to Make Sholly & G Thompson Available to Continue Depositions Denies Licensee Administrative Procedural Rights
ML20079K831
Person / Time
Site: Indian Point  Entergy icon.png
Issue date: 01/06/1983
From: Brandenburg B, Levin J
CONSOLIDATED EDISON CO. OF NEW YORK, INC., MORGAN ASSOCIATES, POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK
To: Gleason J, Paris O, Shon F
Atomic Safety and Licensing Board Panel
Shared Package
ML20079K834 List:
References
ISSUANCES-SP, NUDOCS 8301100183
Download: ML20079K831 (1)


Text

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POWER AUTHORITY OF THE STATE OF NEW YORK 00CMETED 10 COLUMBUS CIRCLE, NEW YORK, N.Y.

10019 LTFC CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.

4 IRVING PLACE, NEW YORK, N.Y.

10003 '83 dA!I-7 E0 29 January 6, 1983 The Honorable James P. Gleason Administrative Law Judge Atomic Safety and Licensing Board 513 Gilmoure Drive Silver Spring, Maryland 20901 The Honorable Frederick J.

Shon The Honorable Oscar H.

Paris Administrative Law Judges Atomic Safety and Licensing Board U.S.

Nuclear Regulatory Commission Washington, D.C.

20555 Re:

In re Consolidated Edison Co. of New York, Inc. &

Power Authority of the State of New York (Indian Point, Units 2 and 3), Nos. 50-247 SP, -286 SP

Dear Judges Gleason,

Shon, and Paris:

Enclosed is the Licensees' Motion to Dismiss Contentions 2.1(a) and 2.l(d), and a memorandum in support thereof.

The motion requests dismissal of these contentions because the refusal of UCS/NYPIRG to make Dr. Gordon Thompson and Mr. Steven Sholly available in a reasonable manner for the continuance of their deposition has prejudiced the licensees by denying them their right to complete the preparation of their case and, there-fore, has denied them administrative procedural rights and due process of law.

Because the licensees' written testimony on Commission Question 2 is due on January 12, the licensees request that the Board act expeditiously upon this motion.

Sincerely, a LSrAo Joscou J 6 <n._,M-Brent L.

Brandenburg M-Joseph J.

Levin, Jr.

D Assistant General Counsel Morgan Associates, Chartered Consolidated Edison Company of Counsel for the Power Authority New York, Inc.

of the State of New York cc:

Official Service List JJL,Jr./ pat Enclosure 8301100183 830106 PDR ADOCK 05000247 C

PDR

,