ML20115A784
| ML20115A784 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 11/30/1971 |
| From: | Mccool W US ATOMIC ENERGY COMMISSION (AEC) |
| To: | US ATOMIC ENERGY COMMISSION (AEC) |
| Shared Package | |
| ML093631134 | List:
|
| References | |
| NUDOCS 9210150092 | |
| Download: ML20115A784 (1) | |
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7' A 6 GT Files UNITED STATts ATOMIC ENERGY COMMISSION WA$iHINGTON tones i
n i Date levenber 90. 1071 NOIZ FOR 'IEE 00MKIB8IO1028 '
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Docket Ros _50 247 l
l na attached filing is for'your information. 'Ihe matter is -
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I presently before the Atenaic Onfety and Licensing Board.
W. B. McCool-Secretnry of the Cornissign Attachment W
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H 93 NOV3 01971
- pe BLPORE Tile UNITED STATES cms, c Se smw ATOMIC ENERGY COIB'ISSION L
- $l*p In the Matter of
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1 Consolidated Edison Company
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Docket No. 50-247 of New York, Inc.
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(Indian Point Station, Unit No. 2)
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APPLICANT'S MOTION TO CLOSE HEARING RECORD ON RADIOLOGICIsL SAFETY ISSUES Pursuant to 10 CFR 2.730 and 2.754, Sections III and i
VI of 10 CTR 50, Appendix A, and section D.1 of 10 CFR 50, 2
Appendix D, Consolidated Edison Company of New York, Inc.
( " Appli can t ") respectfully moves that the Board issue an order directing that, effective as of the time the hearing was recessed at the close of the session on November 17, 1971, the hearing record in this proceeding be closed with respect to the ist 2s to be considered by the Board under 10 CFR 50.57 (a) (hereina f ter 4
ref erred to as the " radiological safety issues") except for such i
further hearings as may be necessary for the following purposes:
(a)
In order to introduce into evidence responses to questions on tne radiological safety issues which have heretofore been asked by the Board and which were not answered at the hearing 7
sessions on November 16-17, 1971; t
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i (b)
In order to introduce evidence with respect
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to the security plan for the Indian point Station, consistent with the in camera I
hearings on November 12, 1971 (Tr. pp. 4 8-57) ;
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j (c)
In order to introduce evidence to respond to l
L such questions as the Board may raise, if any, becausa of additional information required for t
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l the technical presentation or uncertaintias with h
I respect to matters in controversy, consistent with sections III. (g) and VI. (f) of 10 CFR-50, s
Appendix A; (d)
In order to deal with the matter of the documents of which the Citizens Committee for the Protection of the Environment -has requested the Board-to take of ficial notice, as discussed at the hearing on November 12, 1971 (Tr. pp. 3839-3840); and (e)
In order to introduce evidence with respect to
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the fire which occurred in the Primary Auxiliary Building on November 4,.1971.
In support of this motion Applicant states as follows:
1.
.The Commission's regulations require ~that
.pending the completion of theLenvironmental review for the Indian Point 2 plant, the Board' 8
pg, y,ng g y 19rw"yPTVtw "Y ' W T Nt Y D-
- t and the parties will proceed expeditiously with the hearing on radiological safety matters.
Pursuant to the Board's order dated September 17, 1971, an evidentiary hearing was convened on November 1, 1971 and was continued with brief recesses until November 17, 1971.
As required by the Board's order, the purpose of said-sessions-was "to conclude the hearing in this proceeding-in all respects possible".
2.
In accordance with the Stipulation dated Novenber 2, 1971, the Citizens Committee-for the t
Protection of-the Environment ("CCPE"), the only party opposing the issuance of a license for Indian Point 2 on the basis of radiological safety considerations, completed its evidentiary presentation as of November 17, 19 71, s ubj ect to the hearings being continued with respect to the matters listed above.
3.
The expeditious and orderly conduct of this hearing requires that schedules be established for t.
presentation of evidence and other matters, in-cluding interrogation.by the Board, _and be=
adhered to _ wherever possible.
Applicant and other parties have attempted to follow this 3
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4 principle by executing the Ctipulation dated November 2, 1971.
Applicant will continue to attempt to reach agreement with other psrties to the proceeding in order to facilitate its conduct, as indicated by Applicant's letter 1
to the Board dated November 29, 1971.
4.
It is necessary for the Board to establish by order the extent to which the hearing han been comp 30ted with' regard to all matters in_ controversy and to limit further inquiry on radiologic.a1 safety mati.srs to those items, listed above, with respect -to which there has-not already been an adequate opportunity for an evidentiary-pre 7entation to be made.
_ issuance of-the cequested order by the' Boat, would clearly delineate those subjects with respect to which further evidentiary presentations could be made.
This would serve to put all parties on notice as to the nature of'any further hearings on radiological safety issues, as well as those matters which could not be reopened.
Such an order would also facilitate the efforts __of the parties to conclude post-bearing activities, such as-preparation of findings con-clusions and briefs. -The items listed above adequately protect the= rights of all ' parties and
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further recognize the preper-role of the Board
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in evaluating tbo ev:dence introduced to date.
6.
It is particularly important that the Board I
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issue the requested order because of the necessity-t-
l that this hearing be continued in order to deal with environmental issues pursuant to 10 CPR 50, 1
Appendix D.
The Doard should make it clear i
s by its order that-the duration of the hearing on s
environmental issues in no way opens the door to a prolongation of the hearing on radiological 1
i safety issues.
Rest actfully submitted, LEBOEUF, LAMB, LEIBY
- f. MACRAE l
Attorneys for Applicant 1
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By
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4 Leonarc M.
Trosten Partner 5
Dated: Mover.ber 30, 1971 i
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