Order by State of Ny Board on Electric Generation Siting & Environ Dismissing Ny State Electric & Gas Corp & Lilco Application for Environ Capability Certificate & for Public Need to Construct FacilityML19260A426 |
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New Haven, 05000576 |
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Issue date: |
10/12/1979 |
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From: |
Lanahan P, Larocca J, Zielinski C NEW YORK, STATE OF |
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8008, NUDOCS 7911210095 |
Download: ML19260A426 (5) |
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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20002A2101980-10-16016 October 1980 Certifies Svc of Motion to Terminate Proceeding on 801016 ML20008E0211980-10-16016 October 1980 Motion to Terminate Proceeding Due to Dismissal of Case 80008 by Ny State Board on Electric Generation Siting Re Environ Compatibility.Attempts to License nuclear-fueled Plants at New Haven or Stuyvesant Sites Abandoned ML20008E0291980-10-16016 October 1980 Withdrawal of 781109 Application to License nuclear-fueled Generation Station at New Haven or Stuyvesant Sites,Due to Dismissal of Case 80008 by Ny State Board on Electric Generation Siting ML20008E0251980-10-16016 October 1980 Withdrawal of 781109 Application to License nuclear-fueled Generation Station at New Haven or Stuyvesant Sites,Due to Dismissal of Case 80008 by Ny State Board on Electric Generation Siting Re Environ Compatibility ML19340B3861980-10-16016 October 1980 Withdraws 781109 CP Application.Cites State of Ny Siting Board 800523 Denial of Motion for Rehearing of 791012 Order, Dismissing Case in Which Applicant Sought Certificate of Environ Compatibility & Public Need,As Prime Motivator ML19323H0361980-05-23023 May 1980 Order by State of Ny Board on Electric Generation Siting & Environ,Denying Application for Rehearing.Proceeding Closed Due to Substantial Uncertainty About Facility Ownership. Related Correspondence ML19260C3971979-12-0303 December 1979 Reply in Opposition to Applicants 791112 Motion for Rehearing Re Ny State Siting Board Dismissal of Proceeding. Applicants Failed to State New Arguments.No Beneficial Purpose Will Be Served by Rehearing.Certificate of Svc Encl ML19291B8871979-11-21021 November 1979 Statement in Opposition to Applicants 791112 Motion for Rehearing Re ASLB Order Dismissing Application.Applicants Failed to Establish Present Intention to Build Plant. Certificate of Svc Encl ML19211A2321979-11-20020 November 1979 Notice by Ny State Board on Electric Generation Siting & Environ.Replies to Utils' Application for Rehearing of ASLB Order Dismissing Application for Certificate of Environ Compatibility Will Be Accepted If Filed by 791203 ML19210E7551979-11-12012 November 1979 Requests for Reversal of Ny State Board on Electric Generation Siting & Environ 791012 Dismissal of Application Or,If Reversal Denied,For Rehearing.Ownership of Proposed Station Did Not Constitute Sufficient Grounds for Dismissal ML19253C1931979-10-29029 October 1979 Motion for Indefinite Delay in Proceeding.Case 80008 Before Ny State Board on Electric Generation Siting & Environ Dismissed on 791012.Urges Deferral Until Applicants' Motion for Case 80008 Rehearing Decided.Ny State Order Encl ML19250C3801979-10-17017 October 1979 Notice to Parties by State of Ny Board on Electric Generating Siting & State Environ Dept of Public Svc. Contrary to Board 791001 Order Re Discussion of Application, Proceeding Will Continue & PASNY 791016 Argument Considered ML19209D0631979-10-12012 October 1979 Order Dismissing Application by Ny State Electric & Gas Corp & Lilco for Certificate of Environ Compability & Public Need to Construct Plant.Applicants Have Not Demonstrated Statewide Need for Facility ML19260A4261979-10-12012 October 1979 Order by State of Ny Board on Electric Generation Siting & Environ Dismissing Ny State Electric & Gas Corp & Lilco Application for Environ Capability Certificate & for Public Need to Construct Facility ML19254E6481979-10-0202 October 1979 Notice Issued by Board on Electric Generation Siting & Environ of Ny Dept of Public Svc Re Util Application for Certificate of Environ Compatibility.Public Meeting Will Be Held 791012 in Albany,Ny,Re Termination of Proceeding ML19210B7681979-10-0101 October 1979 Memorandum on Standing of County of Columbia,Town of Stuyvesant,Concerned Citizens for Safe Energy & Mid-Hudson Nuclear Opponents.Members Reside in Geographic Vicinity & Involved in Specialized Ny Electric Energy Issues ML19259D3941979-10-0101 October 1979 Suppl to Petition to Intervene Submitting Revised Contentions.Includes Allegation That Assessment & Other Related Matters Re Alternative Fuel Sources,Submitted by Applicant to Nrc,Are Inadequate ML19275A5151979-08-16016 August 1979 Opposes Briefs of Intervenors State of Ny Atty General, Public Svc Commission & Ecology Action of Oswego Submittal in Response to Util Brief in Opposition to Interlocutory Appeal.Certificate of Svc Encl ML19209A9321979-08-0606 August 1979 Response to State of Ny Dept of Environ Conservation, Columbia County,Town of Stuyvesant & Concerned Citizens for Safe Energy Comments Re State of Ny Public Svc Commission 790725 Recommendations.W/Certificate of Svc ML19253B2991979-08-0606 August 1979 Answers Util 790725 & Ny Dept of Environ Conservation Responses to Public Svc Commission 790710 Order Re Intervenor Ecology Action of Oswego Motion for Dismissal of Application.Urges Dismissal.W/Certificate of Svc ML19209B8591979-08-0303 August 1979 Brief Submitted by Intervenor State of Ny in Response to Util 790725 Brief.Supports Intervenor Ecology Action of Oswego Interlocutory Appeal Re Dismissal of Util 781122 Application.Certificate of Svc Encl ML19209A5781979-08-0202 August 1979 Response to NRC & Applicant Briefs Re 790713 Amended Petition to Intervene.Nrc Response Inadequate.Requests ASLB Expand Geographical Area Under Consideration,Based on Radiation Measured During Actual Event ML19209B4381979-08-0202 August 1979 Town of Gardiner,Ny Response to NRC & Applicant Briefs Re Town of Gardiner 790713 Amended Petition to Intervene.Nrc Should Recommend Town of Gardiner as Intervenor & Extend Intervention Limit from 50 to 200 Miles ML19208C3741979-07-25025 July 1979 Brief in Opposition to Intervenor Ecology Action of Oswego 790426 Interlocutory Appeal Re 790413 Denial of Motion to Dismiss Application.Applicant Should Have Opportunity to Prove Case.Certificate of Svc Encl ML19253B3511979-07-23023 July 1979 Request,Submitted by Intervenor Town of Kinderhook,That Ny State Board on Electric Generation Siting & Environ Dismiss Util Application.Grounds for Dismissal Thoroughly Stated by Intervenor Ecology Action of Oswego ML19209B3751979-07-23023 July 1979 Brief on Behalf of Town of Kinderhook Recommending That Application for OL Be Dismissed for Reasons Stated by Ecology Action of Oswego & Ny State Public Svc Commission ML19208C3701979-07-16016 July 1979 Request,Submitted by Intervenors Columbia County,Town of Stuyvesant & Concerned Citizens for Safe Energy,For Extension to File Supplemental Memo & for Investigation Into Applicant Intentions to Pursue Application ML19208C3281979-07-13013 July 1979 Memorandum Submitted by Applicant Re Standing of Intervenors Citizens for Safe Energy,Mid-Hudson Nuclear Opponents,Ulster County Environ Mgt Council & Town of Gardiner.Responds to E Mead & Town of Conesville 790619 Petition ML19261E7471979-07-11011 July 1979 Order Certifying Intervenor Ecology Action of Oswego 790426 Interlocutory Apppeal to Ny State Board for Electric Siting & Environ W/Recommendation for Dismissal of CP Proceedings. Application Is Premature & Legally Insufficient ML19207B4741979-07-10010 July 1979 Statement of State of Ny Dept of Environ Conservation Per 16NYCRR70.20.Lists Alternate Sites & Modes of Generation. Fossil Alternative Site Must Be Considered in Conjunction W/Use of refuse-derived Fuel ML19275A0741979-07-0505 July 1979 Notice Per 16NYCRR70.20.Columbia County,Ny,Town of Stuyvesant & Concerned Citizens for Safe Energy Will Testify Re Alternate Site,Facilities & Source of Power as Discussed in Draft Eis.Certificate of Svc Encl ML19207B5561979-06-27027 June 1979 Comments by State of Ny Dept of Public Svc on Proposed Protocol for Conduct of Joint Hearings Before NRC & Ny State Board on Electric Generation Siting & Environ Issue. Identification Should Occur After Issuance of Des ML19276G6081979-06-26026 June 1979 Reaffirms 790611 Comments.Application Is Summary of Util Findings & Conclusions.Nrc & Intervenors Must Develop Record on Which Siting Board Will Make Final Decision ML19247A8531979-06-26026 June 1979 Response to Util 790611 Proposed Joint Protocol & Discovery Rules Submitted by Intervenors Columbia County,Town of Stuyvesant & Concerned Citizens for Safe Energy.Definitions of Issues Violate NRC Rules ML19208C6421979-06-20020 June 1979 Interlocutory Appeal on Denial of 790320 Motion for Dismissal.Case 80008 Should Be Dismissed for Reasons Set by Ecology Action of Oswego ML19225C7461979-06-19019 June 1979 Resolution Authorizing County Legislature Chairman to File W/Nrc Appropriate Petition & Other Documents on Behalf of County,So as to Become party-at-interest Re Ny State Electric & Gas Co Application for Two Nuclear Units ML19241C0051979-06-14014 June 1979 Intervention Statement Offered at 790614 Public Comment Session ML19225A3581979-06-11011 June 1979 Support for NRC & State of Ny 790427 Proposed Protocol for Joint Hearings Submitted by Ecology Action of Oswego. Suggests Mod for Joint Hearings Discovery Process,Memo of Understanding,Schedule & Procedure for Joint Mailings ML19225C1051979-06-11011 June 1979 Ny Dept of Public Svc Reply to Comments Offered by Various Parties at 790523 Prehearing Conference on Proposed Joint Protocol in Case 80008 ML19224D7131979-05-31031 May 1979 Certification That 790319 Petition to Intervene & 790510 Contentions Truly Set Forth Position of Mid-Hudson Nuclear Opponents,Inc ML19241B3301979-05-29029 May 1979 Contentions Re Site Selection.Util Has Underestimated Multiple Generation Units,Has Not Considered Proximity to Schools & Has Discriminated Against Rural Populace ML19241B3331979-05-29029 May 1979 Contentions of Safe Energy for New Haven Re Environ Matters. Util Inadequately Determined Energy Needs,Has Not Performed Sufficient Research on Alternative Sources of Energy & Has Not Assessed Impact of Accident or Kv Lines ML19241B1221979-05-18018 May 1979 Initial Util Answer to Intervenor Contentions.Identifies Contentions Which Can Be Presented Unopposed at 790523 Prehearing Conference.Seeks ASLB Extension for Filing Supplemental Answers.Certificate of Svc Encl ML19224B8681979-05-11011 May 1979 Submits 40 Contentions as Suppl to Petition to Intervene Re Need for Addl Power,Consideration of Alternatives,Site Selection Process,Impact on Existing Health Facilities, Financial Capacity & Effect on High Voltage Transmissions ML19242A4251979-05-11011 May 1979 Amend to 790313 Petition to Intervene,Adding New Considerations ML19269E3671979-05-10010 May 1979 Submits Specific Contentions Re Environ & Radiological Concerns.Assessment of Impact on Farmland Is Inadequate Re Estimation of Value & Use of Land & Adverse Impact of Dust, Noise,Litter & Traffic on Area Agriculture ML19242A6381979-05-0909 May 1979 Resolution 112 Objecting to Location of Public Hearings Outside of County ML19224B8141979-05-0707 May 1979 Ny Dept of Public Svc Response to Ecology Action of Oswego Interlocutory Appeal of Denial of Motion for Dismissal of Application.Recommends Denial of Appeal ML19224B7091979-05-0404 May 1979 Request by Util for Denial of 790313 Petitions to Intervene. Filed by Town of Gardner & Ulster County Environ Mgt Council.Petitions Lack Standing & Fail to Justify Discretionary Intervention.Certificate of Svc Encl ML19224B7001979-04-27027 April 1979 Proposed Protocol for Joint Hearing Before NRC & Ny State Board on Electric Generation Siting & Environ Re Common Issues in Const Applications of Long Island Lighting Co & Ny State Elec & Gas Corp 1980-05-23
[Table view] Category:ORDERS
MONTHYEARML19323H0361980-05-23023 May 1980 Order by State of Ny Board on Electric Generation Siting & Environ,Denying Application for Rehearing.Proceeding Closed Due to Substantial Uncertainty About Facility Ownership. Related Correspondence ML19250C3801979-10-17017 October 1979 Notice to Parties by State of Ny Board on Electric Generating Siting & State Environ Dept of Public Svc. Contrary to Board 791001 Order Re Discussion of Application, Proceeding Will Continue & PASNY 791016 Argument Considered ML19209D0631979-10-12012 October 1979 Order Dismissing Application by Ny State Electric & Gas Corp & Lilco for Certificate of Environ Compability & Public Need to Construct Plant.Applicants Have Not Demonstrated Statewide Need for Facility ML19260A4261979-10-12012 October 1979 Order by State of Ny Board on Electric Generation Siting & Environ Dismissing Ny State Electric & Gas Corp & Lilco Application for Environ Capability Certificate & for Public Need to Construct Facility ML19261E7471979-07-11011 July 1979 Order Certifying Intervenor Ecology Action of Oswego 790426 Interlocutory Apppeal to Ny State Board for Electric Siting & Environ W/Recommendation for Dismissal of CP Proceedings. Application Is Premature & Legally Insufficient 1980-05-23
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.c w a d' STA"'I OF NEW YORE
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,W~ ~20ARD ON
'P' ELECTRIC Gud.ACION SITING AND THE ENVIRONMENT At a session of the New York State Board on Electric Generation Siting and the Environment for the New Haven /Stuyvesant Generating Facility held in the City of Albany on October 12, 1979.
BOARD ."MBERS PRESEr:
Charles A. Zielinski, Ch=4 an, Public Service C i ssi:n Peter Lanahan, Alternate for Rchert F. gN /
Flacke, Cc=missi::er, Department of /
Environmental Conservation g James L. Larocca, CWssioner, State
Energv Office [F g -5 3 QN Dr. William E. Sey: cur, Alternate for D
g *I' s William D. Hasset:, com:issioner, Department of Cocterce g 4 Fred Bartle, Ad Hoc Member CASE 80008 - Application of the New York State Electric 5 Gas Corporation and the .ong Island Lighting Company for a certificate of envir:=.= ental compatibility and _cublic need - New Haven /Stuyvesant.
OR ER DISCSSING AIPLICATICN (Issued Cctober 12, 1979) 3ACKGROUND On Nova-ker 22, 1373, New York State Electric &
Gas Corporatica (NYSE&G) and Long Island Lighting Company (LI*.CO ) filed an app 2catien for a certificate ef environmental cc patibility and puil.ic need to cons, ruct two 1250 =egawatt
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CASE 80008 nuclear fueled electric generating facilities in New Eaven, Oswego Cocnty, c:, alternatively, in Stuyvesant, Colu=bia County. The application was docketed by the Chairman of the
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Public Service Cc-'ission and hearing procedures prescribed by Article VIII were ccmmenced.1/ At a prehearing conference held en March 27, 1979, Ecology Action of Oswego moved to dismiss the application on the grounds that it was pre =ature and legally insufficient. The motion was denied by the hearing examiners on April 13, 1979. Ecology Action then filed an interlocutory appeal of that ruling to the ?chlic Service Cc= mission 2/ and, on July 10, 1979, the Cc= mission certified the appeal to us with a recommendation 3/ that Icology Action's motion to dismiss be granted.
NYSE&G and LILCO have filed several briefs opposing Ecology Action's =otion and the Public Service Cer=tission's recc=mendation. The Department of Envirormantal Conservation has also schmitted a letter suggesting that the proceeding cn NYSI&G's and LILCO 's application be " suspended" pending Siting Board action on other Article VIII applications.
Responses to applicants' arguments were submitted by the staff cf the Department of Public Service, the Attorney General, Ecology Action, and Safe Energy for New Eaven.
Statements suppcrting the Cc= mission's recc==endation were received frcs the Village a: Mexico, the Tcwn of Kinderhcok, the Colu=bia County Farm 3creau, Col"+ia County, the Town of Stuyvesant, and Concerned Citizens for Safe Energy, Inc.
1/1972 Sessacn Laws, Chap. 385.
2/ Interlocutory appeals are governed by Section 70.8 of the Rules of Procedure. 15 NYCRR S 70.8.
3/ Case S0008 - Application of the New York State Electric &
Gas Corporacic: and the Long Island Lighting Ccmpany for a certificate of enviren= ental ce=patibility and public need - New Haven /Stuyvesant, Order C=--' 'ving Acceal and Recc==endine Dis =issal cf A:clication , issued Juiy 1;, 1979.
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CASE 80008
SUMMARY
CF MOTION TO DISMISS AND COMMISSICN'S RECOMMENDATICN Ecology Action's motion is based on the theory that an Article VIII application is pram ture and legally insufficient unless the ownership and ultimate use of a proposed ganerating facility are reasonably certain. Ecology Action claims that despite NYSE&G's and LILCO's announced intentien in the application to share the cost and output of the proposed facilities, the statements of applicants '
1 planners in Case 80003, Janescort / de=cnstrate that cwner-ship has not been determined.
' The Public Service Ccmmission agreed with Ecology Action that an Article VIII application shculd be dismissed wnen probable ownership has not been demonstrated. With respect to that question, the Comnission found. that even the applicants themselves were uncertain about who would cwn the facilities, and whether other utilities would purchase shares in the plants. The Commission further found unper-suasive applicants' claim that statewide need would result in other u*4'4" es ccming forward to participate in New Haven /Stuyvesant since 6000 megawatts of generating capacity to serve statewide needs are currently under consideration in the Article VIII process and the members of the New York Pcwer Pool, 2.ncluding NYSE&G and IILCO, believe that capacity should be built before the capacity proposed in this ::ase. >
DISCUSSION Applicants claim that the Cen.nissien's recc==en-dation is based on a nisunderstanding of Article VIII and a misinterpretation of the record. They assert that probable 1/ 1979, Case 30003,
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nes:.meny of Madsen and Rider, filed February 23, 1381 M
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CASE 80008 cwnership can " evolve" during the course of an Article VIII proceeding, in which issues relevant to need are litigated, and that there is no par.icular barrier unde: Article VIII to processing an application where cwnership is not reasonably certain. Similarly, applicants renew their claim, without additional support, that centinuing with this. application would be desirable because of the statewide need for the New Haven /Stuyvesant units. In any event, according to NYSE&G and LILCO, the testi=cny of their system planners in Case 80003, Jamesport, which was relied on by both Ecology Action and the Ccmmission, only reflects the possibility that ownership arrangenents =ay change during the course of an Article VIII proceeding. Thus, contrary'to the Commission's conclusion, they contend that the issue of ownership of the New Eaven/Stuyvesant facilities is not " permeated with doubt."
We agree with the recommendation of the Public Service Commission. It would be wasteful to proceed with lengthy and cestly proceedings on a proposed generating facility whose ownership and use are subject to substantial ,
uncertainty at the very cutset of the hearings. Applicants concede that ownership is relevant but would have us proceed with substantial uncertainty ecut it frc= the outset. We believe this would be unfair to the other parties in the case and inconsistent wi.h the spirit of Article VIII. The statute centemplates a public exa-i nation and exploration of rignificant aspects of an application. This cannot be acccmplished when there is substantial uncertainty about cwnership at the cutset of hearings.
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Turther= ore , appl. cants have made no credible showing Of statewide need for _he f acilities, and have not di.sputaf the Pt.blic Service C~--4 ssion's cenclusion that
- e_.ers hi cf -le New Eaven/S tuyvesant units will not be
- m cn_il other pending Article VIII cases are decided.
Ow_.ershi_: can:ct be inferred from either the current or
. robable future demand of any . e articular company or companies in the state. Moreover o no other utility. has expressed
'--=~=st in sharing ownership of the proposed facility even in de fue of the Public Service Cc= mission's opinion re c - endi:g dismissal because of uncertain ownership.
' his brings us to applicants' final argument. They
- cstend that no reliable evidence has been intreduced in
.his proceeding calling into question their anne.sunced
- i. entic: to share equally in the construction of the New Ia- en/S:cyvesan: unit. This argument =isses the mark. The plain facts are that probable cwnership has been called into questics by statements from applicants themselves. In
.hese circumsta=ces, it is the applicants ' responsibility
- c remove the u= certainty by ccafirming their present
~i tman: to cwn and operate the proposed facility if it is licensed. Tne applicants have had many cpportunities to dc this and, instead, have f ailed to do so , claiming that he par _i.es =ust shcw that the ec=panies do not inten". te cw: the facilities. Their continued failure to respond directly Oc the Ecologf Action notion and the Public Ser rice Cc-i ssicn's recc==endation with a clear af firmation of present intent sinply confir=.s cur cc:clusion that the pr bable enership and utili=ation of the preposed facilities are too ==cer n to proceed with the case.
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