ML20084J852

Response Opposing New York Pirg (Nypirg) Petition for Suspension of Operation.Nypirg Fosters Discord Which Inhibits Coordination of Emergency Planning Efforts. Certificate of Svc Encl

ML20084J852
Person / Time
Site:	Indian Point
Issue date:	05/04/1984
From:	Bandenburg B, Ravitch B CONSOLIDATED EDISON CO. OF NEW YORK, INC., POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK
To:	NRC COMMISSION (OCM)
References
OL, NUDOCS 8405110001
Download: ML20084J852 (8)

Text

t jo6 UNITED STATES OF AMERICA BEFORE THE NUCLEAR REGULATORY COMMISSIOU0CKETED USNRC COMMISSIONERS:

• 84 mil 0 #0:17 Nunzio J. Palladino, Chairman Victor Gilinsky , m. , . . u . . . , ,

Thomas M. Roberts rg;f@i,ggg{

DC James K. Asselstine Ei! U!c,.

Frederick M. Bernthal

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CONSOLIDATED EDISON COMPANY OF NEW YORK )

(Indian Point, Unit 2) ) Docket Nos.

) 50-247 C) c_

POWER AUTHORITY OF THE STATE OF NEW YORK ) 50-286 (Indian Point, Unit 3) ) ) b-I CON EDISON AND POWER AUTHORITY RESPONSE TO NYPIRG PETITION FOR SUSPENSION OF OPERATION OF INDIAN POINTS UNITS 2 AND 3 Consolidated Edison Company of New York, Inc. and Power Authority of the State of New York, licensees of Indian Point 2 and 3, respectively (Licensees) , submit this response to the April 6, 1984 petition of New York Public Interest Group (NYPIRG) to suspend operation of Indian Point Units 2 and 3.

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Although it is not so entitled, Licensees submit that the petition, if it is to be considered at all, must be treated as if it were filed pursuant to 10 CFR S 2.206 for consideration by the Director of Nuclear Reactor Regulation, the Director of Nuclear Material Safety & Safeguards, or the Director of the Office of Inspection & Enforcement.

8405110001 840504 PDR ADOCK 05000247 g PDR w SSo3

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• In its petition,"NYPIRG purports to raise anew issues 2

l which petitioner previously litigated in proceedings before an Atomic Safety and Licensing Board (Licensing Board),

-Consolidated Edison Company of New York, 50-247-SP, 50-286-SP, and which are currently before the Commission in its review of the Licensing Board's recommendations. The issues of radiological emergency planning in the vicinity of Indian Point have been thoroughly, if not exhaustively, litigated over the course of the last four to five years.

In the Licensing Board hearings, intervenors, among whom NYPIRG was a leading participant, presented over 100 witnesses on the aspects of emergency planning they considered important, including the issues discussed in the present petition. The hearings on emergency planning issues consumed at least 50 percent of the year-long hearings.

NYPIRG does not allege that the issues it purports to raise in its present petition are new. Indeed, NYPIRG argues that emergency planning for the protection of schoolchildren, about which it expresses concern, has been i

2NYPIRG claims to be " joined by seven community

. organizations" (Petition, pp. 1, 2) in its petition. All r

l are identified by name and representative only. Apparently

none of the representatives signed the petition. All seven representatives participated in proceedings before an Atomic Safety and Licensing Board on these particular issues, ree Consolidated Edison Company of New York, 50-247-SP, 50-286-SP. The names of certain of the groups represented, '

l however, have been changed since the Licensing Board l hearings.

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. - 3-e (Petition, unsatisfactory "from. the beginning of' planning" I (id . , p . 1) . As NYPIRG

p. 2)'and "continucs" to be sothis is the very argument it and 1 readily admits '(f ltj . , p. 2) .

sing Board.

the other intervenors advanced before the Licen t I

. NYPIRG claims as a new development causingthe its curren i

expression of concern its belated discovery s nce re

. Licensing Board hearings that " school plansPetition, were far mo complicated"'than it had previously been aware. by Even a cursory. review-of the record established

p. 4. d the parents or the Licensing Board reveals that NYPIRG an dings and are citizens groups that intervened in those proceel rights of now purported to join in this petition had ful ig discovery and cross-exanination in all emergency they in fact plann n h

areas throughout the lengthy hearings, and t at' itnesses, cross-examined Licensees' and Commission id., p. Staff s w in addition to presenting their own witnesses (See

2) . ,

ven The NYPIRG p6ti, tion suggests that some persons, e disagree about some school, county, or state officials, may It h l hildren.

the perfection of emergency planning for sc oo c f the plans asserts that discussion and alteration o Its implication that activity directed towards continue. nt further plan improvements indicates an inadequacy in pres These opinions and planning is, however, ill-founded. desirable parts cctivities are, rather, entirely normal and They i

of the democratic and dynamic process of plann ng.

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_4-reflect the attempts 6f all the people, agencies, and organizations involved to improve emergency preparedness for schoolchildren as well as for the general public. If NYPIRG's criticisms of the state of emergency planning are sincere, it is time for that organization and the joint sponsors of its petition to channel their efforts productively and work with the schools, the counties, the State, and FEMA, all of whom are working diligently to provide emergency plans and preparedness for their communities. NYPIRG's failure to aid the planning and preparedness efforts, while it repeatedly attempts to secure the shutdown of the Indian Point plants, contravenes the stated definition and seriousness of its purpose. It is time for NYPIRG to follow the example of Rockland County, which has turned from litigation to preparation and cooperation. While NYPIRG fosters discord, which inhibits the emergency planning efforts of the school, county, state and federal governments, its standing to file the instant petition should be denied.

4 Because NYPIRG's petition is but a belated effort to reargue issues it has already litigated at exhaustive

. length, because it raises no new issues for consideration by the Commission or its Staff, and because these matters are before the Commission which is already reviewing the Licensing Board's recommendations, the petition should be denied.

. Respectfully submitted, VlAt jar 11AAAl '

/

Btent L. Frandenbhrg / Charles M. Pratt Beverly Ravitch

/

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CONSOLIDATED. EDISON COMPANY STEPHEN L. BAUM OF NEW YORK General Counsel Licensee of. Indian ~ Point Power Authority of the Unit 2 State of New York 4 Irving Place Licensee of Indian Point New York, New York 10003 Unit 3 (212) 460-4600 10 Columbus Circle New York, New York 10019 (212) 397-6200 Dated: New York, New York May 4, 1984

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i UNITED STATES OF AMERICA BEFORE THE -NUCLEAR REGULATORY COMMISSION DC, g; COMMISSIONERS:

Nunzio J. Palladino, Chairman HWY 10 A Victor Gilinsky ,

Thomas M. Roberts f[hCI- ;g 4s , jj, ,

James. K. Asselstine g '

Frederick M. Bernthal NCH

)

CONSOLIDATED EDISON COMPANY OF NEW YORK ) Docket Nos.

(Indian Point, Unit 2) ) 50-247

) 50-286 POWER AUTHORITY OF THE STATE OF NEW YORK )

(Indian Point, Unit 3) )

)

CERTIFICATE OF SERVICE I hereby certify that on the 4th day of May, 1984 I caused a copy of Con Edison and Power Authority Response to NYPIRG Motion for Suspension of Operation of Indian Point Units 2'and 3 to be served by first class mail, postage prepaid, on the following:

Secretary U.S. Nuclear Regulatory Commission Washington, DC 20555 General Counsel for the NRC Staff U.S. Nuclear Regulatory Commission Washington, DC 20555

~

Joan Holt Project Director New York Public Interest Research Group, Inc.

9 Murray Street New York, NY 10007 T

n , --w- -w- ,- w-e w-----,w

e Patricia Posner The School Task Force of The Alliance to Close Indian Point P.O. Box 669 Ossining, NY 10562 Phyllis Rodriguez Croton Parents Concerned About Indian Point P.O. Box 192 Croton-on-Hudson, NY 10520 Barbara Hickernell Greater Ossining Neighborhood Action Group 12 Terrich Court Ossining, NY 10562 Ellen and Dale Saltzman Yorktown Parents Concerned About Indian Point 3091 Hickory Street Yorktown Heights, NY 10598 Francesca Burgess North Rockland Alliance on Nuclear Danger R.R. 42, Box 80 Stony Point, NY 10548 Bernard Flicker Rockland Families to Close Indian Point 49 South Mountain Road New City, NY 10956 Zipporah Fleisher West Branch Conservation Association 443 Buena Vista Road

'New City, NY 10956 l2NIN -

Beverly/Ravitch

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