ML20079N040

Motion for Extension of Deadlines of Investigatory Hearings to Complete Record on Emergency Planning Issues in Commission Questions 3 & 4.Addl Time Necessary to Provide Complete Record

ML20079N040
Person / Time
Site:	Indian Point
Issue date:	02/28/1983
From:	Potterfield A FRIENDS OF THE EARTH, GREATER NEW YORK COUNCIL ON ENERGY, NEW YORK CITY AUDUBON SOCIETY, PARENTS CONCERNED ABOUT INDIAN POINT, PUBLIC INTEREST RESEARCH GROUP, NEW YORK, ROCKLAND CITIZENS FOR SAFE ENERGY, UNION OF CONCERNED SCIENTISTS, WEST BRANCH CONSERVATION ASSOCIATION, WESTCHESTER PEOPLES ACTION COALITION, INC.
To:	NRC COMMISSION (OCM)
References
ISSUANCES-SP, NUDOCS 8303030433
Download: ML20079N040 (3)

Text

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b UNITED STATES OF AMERIC6XKETED NUCLEAR REGULATORY COMMISSIONPI BEFORE Tile COMMISSIONERS: Nunzio J. Pallad01 ,fE0a12 mao 2I44

-Victor Gilinsky John F. Ahearne , 7., ,, p Thomas M. Roberts /cc ,in;id'SEpv1Ct.

James K. Asselsteine BMANCH

- - - - - - - - - - - - - - - - - - - - - - - - ------------------ = =------X IN Tile MATTER OF: Docket Nos.

CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.

50-247 SP (Indian Point Unit No. 2) 50-286 SP POWER AUTi!0RITY OF Tile STATE OF NEW YORK (Indian Point, Unite No. 3) February 28, 1983

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X INTERVENORS' MOTION FOR AN EXTENSION OF DEADLINES IN ORDER TO COMPLETE THE RECORD ON EMERGENCY PLANNING ISSUES IN COMMISSION QUESTIONS THREE AND FOUR Intervenors herewith formally request the Commission to authorize the Atomic Safety and Licensing Board to extend the deadlines of the investi-gatory hearings on the Indian Point nuclear power plants in order to' allow -

for the . inclusion of intervenors' testimony on emergency planning issues.

The presently scheduled twelve days of hearing on Commission Questions Three and Four begin March 1, 1983, with four days of testimony from New York City Councilmembers and their witnesses. An additional eight days of testimony presently are scheduled, to be divided among the intervenors, Westchester and .Rockland Counties, the State of New York, the two Licensees, the NRC Staf f and the Federal Emergency Ebnagement Agency. The limitation on hearing days for emergency planning was considered necessary to meet the July 29, 1983 deadline established by the Commission in its order of December 15, 1983.

- 8303030433 830228 PDR ADOCK 05000247  %

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. . . page 2' Intervenors, acting jointly, have requested the Atomic Safety and Licensing Board, and its specially appointed adjunct, Administrative Judge James A. Laurenson, to permit an extension of the deadline of one i

month, so that additional hearing days might be held on the emergency planning issues. Specifically, -intervenors have proposed to present their case on emergency planning in ten days and two evenings, provided other parties abide by reasonable restrictions on cross-examination. It is understood that this amount of hearing time, if allocated to intervenors, would result in an extension of other deadlines of about one month.

In ord r to arrive at a self-imposed commitment to complete the intervenors' case in ten days and two evenings, given restrictions on cross-examination, intervenors have compromised in several significant I

respects. Intervenors proposed thirty-one stipulations, of which nineteen have been accepted, resulting in the elimination of twenty-eight witnesses.

Intervenors have withdrawn several witnesses, released some other witnesses -

to the interested state parties to be presented as part of their cases, and submitted. the testimony of other witnesses as limited appearances. Finally, intervenors grouped its individual witnesses in panels, to facilitate and expedite cross-examination.

On this date, intervenors attempted to reach all other parties to determine which, if any, might support this request for an extension of the deadlines. The representatives of 'Jestchester County, Rockland County, the i

New York State Assembly, and New York City Council authorized intervenors to include them in this request. In addition, the representative of the New York State Attorney General authorized intervenors to express this view:

"Intervenors should be permitted to put on all of their testimony which is relevant."

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page 3 We did not succeed in reaching a representative of Con Edison, or the New York State Public - Service Commission. Representatives of the Power Authority and the NRC Staff stated that they would take the request under advisement. -~ .. . . - -

This request is directed to the Commission because of the understanding of intervenors that the Board is constrained by the Commission's December 15, 1982 order from permitting the extension.

WilEREFORE, it is respectfully requested that the Commission grant permission to extend the deadlines of the Indian Point hearings to permit the development of a complete record on the emergency planning issues of Questions Three and Four.

Dated: New York, New York February 28, 1983

' ~__ A V

AMANDA POTTERFIELD, ESQ.

New York Public Interest Research Group, Inc.

On Behalf of Intervenors:

UCS/NYPIRC Parents Concerned About Indian Point West Branch Conservation Association Rockland Citizens for Safe Energy Westchester Peoples Action Coalition Honorable Richard Brodsky Foc/Audubon Greater N.Y. Council on Energy