ML20114F700

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Forwards Answer of Applicant to Petition of Hudson River Fishermen Assoc for Leave to Intervene,For Info
ML20114F700
Person / Time
Site: Indian Point Entergy icon.png
Issue date: 12/21/1970
From: Mccool W
US ATOMIC ENERGY COMMISSION (AEC)
To:
US ATOMIC ENERGY COMMISSION (AEC)
Shared Package
ML093631134 List: ... further results
References
NUDOCS 9210130260
Download: ML20114F700 (1)


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Date December 21,~1710 NOTE FOR TO COMMISSIO!2RS '

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Ret 'ConsoliM,ted FM non Co.

(Indf.an Point,2)

I Docket No 50:247 l

The attached filing is for your infortuation.- The matter is L

prosently before the' Atmic Batety and Licensing Boas.

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Secretary of the Commission 1-I Attachment f.519'1,@; h,N3 C5 A.

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BEFORE THE UNITED STATES g,, ; --l, e.,

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ATOMIC ENERGY COMMISSION 4

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In the Matter of

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Consolidated Edison Company of )

Docket No. 50-247 New York, Inc.

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(Indian Point Unit No. 2)

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ANSWER OF APPLICANT - TO PETITION OF j

!!UDSON RIVER FISHERMEN'D ASSOCIATION FOR LEAVP TO INTKRVENE i

By a petition dated December 14, 1970 Hudson River Fishermen's Association seeks.to intervene in the above-captioned proceeding.

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Applicant does not object to the participation 1

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of HAFA as a party with respect to the issues set forth f

in the Notice of Hearing governing this proceeding.

l Applicant wishes to point out that many of the matters alleged by RRFA in its petition (including' those contentions concerning the chemical, thermal, and other nonradiological e

effects of Unit No. 2) do not relate to such Lissues and are not proper subjects for consideration under the commission's regulations applicable to this proceeding.

(Nevertheles s, Applicant notes that it is taking steps reasonably calculated s

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to eliminate or minimize any 26 versa nonradiological' sffects which might occur with operation.of Unit No. 2.

On matters of water quality,-including thermal effects, there have been extensive studies and design. efforts, 4

and Applicant has submitted to the Commission a certifica-tion by the Stats of New York th' there is reasonable assurance that the combined effluent from Units 1 and 2 will not contrawene applicable water quality standards for the Hudson River.)

With reapret to-H..rA's contentions concerning radioactive liquid waste releases, Applicant states that e

such releases will comply with Part 20 of the Commission's regulations and denies that they will adversely affect fish and ether aquatic life.

HRFA contends that the Commission is required to file a detailed statement of environmental impact of Unit H0.

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.2 under the National Environmental Policy Act.

f It further contends that the comments of certain kpecified A.deral and State agencies should be -included.

Applicant-sishes to point out that a detailed statement was filed in this proceeding on November 20, 1970, and that the

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comments of each of the agencies listed by HREA were l

sought, obtained, and included either directly or indirectly.

In addition, the comments of_the U.S.

Fish and Wildlife Service of the Department of the Interior on the Unit No. 2 application have been separately sought and obtained j

by the AEC; they are contained in a letter dated October 16, 1970, which is attached as Appendix G tc the Safety Evaluation of the regulatory staff in this proceeding.

With respect to the contentions contained-in the second full paragraph of the fourth page of the petition, the Applicant denies that Ebe decign of Unit No. 2 is 2

inadequate and states that an Atomic Energy Commission license should be granted if the requirements of the Atomic Energy Act and Commission regulations are satisfied.

Applicant also denies the contentions of the third - full.

paragraph on the fourth page of the petition.

On pages 5 and 6 of its petition HRFA outlines 5

a number of subjects on which it p-ans to examine witnesses and present testimony.

Applicant notes again that many of these subjects are not proper for consideration in this.

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proceeding and reserves the right to object to such examination or testimony during the course of the a

proceeding.

Respectfully submitted, a

LeBOEUF, LAMB, LEIBY & MacRAE Attorneys for Applicant l

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Arvin E. Upton,

Partner Dated:

December 21, 1970 e

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