ML20064H766

Motion of the Utility Water Act Group Et Al,For Leave to File Brief as Amici Curiae

ML20064H766
Person / Time
Site:	Indian Point
Issue date:	11/13/1978
From:	Tanya Smith HUNTON & WILLIAMS
To:
References
NUDOCS 7812260307
Download: ML20064H766 (6)

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NRC PiirrK DOCUMENT ROOM' d ( 82 }

i BEFORE THE UNITED STATES " t\d l NUCLEAR REGULATORY COMMISSION pg.eh i

In the Matter of: ) N

-I CONSOLIDATED EDISON COMPANY )

OF NEW YORK, INC. ) Docket No. 50-247  ;

) OL No. DPR-26 (Indian Point Station, ) .

Unit No. 2) ) '-

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MOTION OF THE UTILITY WATER q ACT GROUP, ET AL., FOR LEAVE M 0, TO FILE BRIEF AS AMICI CURIAE Pursuant to 10 CFR S 2.715(d), the Utility Water Act Group (UWAG) , the Edison Electric Institute (EEI), and the l National Rural Electric Cooperative Association (NRECA) (here-after Electric Utilities)1I respectfully move for leave to file a brief and reply brief as amici curiae in response to the Commission's November 15, 1978 Order in the above pro-ceeding.

Counsel for all parties and for the Power Authority of the State of New York and the Staff of the U.S. Environ-mental Protection Agency (EPA) have advised that they will  !

not oppose the motion.

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1/ UWAG is an ad hoc group of L8 electric utility com-panies, both private and public, that own and operate over

, 507. of the nation's electric generating capacity. The com-panies are listed in Attachment A. EEI is the principal national association of investor-owned electric power com-panies and NRECA is the principal national association of rural electric cooperatives, whose members own and operate steam-electric generating capacity.

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7812260 307'

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In support of this motion, Electric Utilities state

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l 1. By its November 15, 1978 Order in this proceeding, the Commission exercised its authority to review, on its own motion, the decision of the Appeal Board in ALAB-487 which established May 1, 1982, as the date by which Consolidated Edison must terminate once-through cooling at Indian Point Unit No. 2. EPA is currently conducting an adjudicatory pro-ceeding to determine the type of cooling system for a number of Hudson River power plants, including Indian Point Unit No.

2, and may ultimately allow once-through cooling. The Com-mission asked participants to address (1) the implication of the Commission's Seabrook decisionSI on the type of cool-

, ing system at Indian Point Unit No. 2 and the May 1, 1982 termination date, and (2) the extent to which "the license conditions . . . should be modified to take proper account of EPA's authorit'y."

2. The Electric Utilities own and operate nuclear power stations located throughout the country that are subject to the jurisdiction of the Nuclear Regulatory Commission (NRC) and the EPA. For these stations, they seek or have obtained construction permits and operating licenses from the NRC

\l S/ Public Service Co. of New Hampshire (Seabrook Sta-tion, Units 1 and 2), CLI-77-8, 5 NRC 503, 508 (1977); CLI-78-1, 7 NRC 1, 25-26 (1978).

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and National Pollutant Discharge Elimination System (NPDES) f l

permits from the EPA or states delegated NPDES permit-f issuing authority. Some of these NRC permits and licenses .

contain water quality related requirements that differ from or duplicate corresponding requirements in NPDES permits.

, Thus, Electric Utilities are directly affected by different

or duplicative conditions in NRC permits and licenses and c NPDES permits and by the policy of this Commission concerning the proper relationship between NRC and EPA jurisdiction, under 5 Sil(c)(2) of the Clean Water Act (CWA), regarding such conditions.

{ 3. If this motion is granted, the Electric Utilities would submit a brief and reply brief addressing the generic issues involved in determining the proper line of demarcation between NRC and EPA jurisdiction over water quality related regulatory matters in light of the Commission's Seabrook deci-sion and S 511(c)(2) of the CWA.

4 If this motion is granted, Electric Utilities

, would file its amicus brief by December 15, 1978, and its amicus reply brief by January 12, 1979, in accordance with the Commission's November 29, 1978 Order extending the date f for filing comments. Accordingly, Electric Utilities' parti-cipation as amici would not hinder or delay the proceedings.

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t j WHEREFORE, Electric Utilities respectfully request leave to file a brief and reply brief as amici curiae i'n this proceeding, Respectfully submitted, t

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! Turner T. Smith, Jr 1 Hunton & Williams P. O. Box 1535 Richmond, Virginia 23212 Dated: b* c C uG CN 13 /9 78'

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. , ATTACHMENT A

, UWAG Members i

! Allegheny Power Company, for l Monongahela Power Company 1 Potomac Edison Company West Penn Power Company

.. American Electric Power Company, for

, Appalachain Power Company Indiana & Michigan Electric Company Kentucky Power Company Ohio Power Company ,

Baltimore Gas & Electric Company

Boston Edison Company i Carolina Power & Light Company

Centra.'. Illinois Light Company

() Central Illinois Public Service Cincinnati Gas & Electric Company Cleveland Electric Illuminating Company Columbus & Southern Ohio Electric Company Commonwealth Edison Company i Consolidated Edison Company i Dayton Power & Light Company

! Detroit Edison Company i Duke Power Company i

Edison Electric Institute Florida Power & Light Company

, Houston Lighting & Power Company Illinois Power Company ,

. Iowa Public Service Company i

Kansas City Power & Light Company Long Island Lighting Company Los Angeles Department of Water & Power

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(J Madison Gas & Electric Company Middle South Utilities, Inc., for Arkansas Power & Light Company Arkansas-Missouri Light Company Louisiana Power & Light Company Mississippi Power & Light Company

New Orleans Public Service, Inc.

! Montaup Electric Company

National Rural Electric Cooperative Association j New England Power Company

^' New York State Electric & Gas l Niagara Mohawk Power Corporation l Northeast Utilities, for Holyoke Water Power Company Connecticut Light & Power Company l Hartford Electric Light Company r

! Western Massachusetts Electric Company

, Northern States Power Company j Ohio Edison Company i

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Ohio Valley Electric Corporation Oklahoma Gas and Electric Company Pacific Gas and Electric Company Pennsylvania Power & Light Company Philadelphia Electric Company Potomac Electric Power Company Public Service Electric & Gas Company Public Service of New Hampshire f' Public Service Indiana San Diego Gas & Electric Company South Carolina Electric & Gas Company Southern California Edison Company Southern Company Services,Inc., for Alabama Power Company Georgia Power Company Gulf Power Company Mississippi Power Company Tampa Electric Company

.; . . Texas Utilities Services, Inc.

Toledo Edison Company Union Electric Company Virginia Electric and Power Company Wisconsin Electric Power Company Wisconsin Power and Light Company

} Wisconsin Public Service Corporation k

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