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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARJPN-99-029, Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirement for Nuclear Power Reactors1999-09-20020 September 1999 Comment Supporting Proposed Rules 10CFR50 & 72 Re Reporting Requirement for Nuclear Power Reactors ML20212E4181999-09-15015 September 1999 Petition Per 10CFR2.206 Requesting OL for Unit 2 Be Modified or Suspended to Prevent Restart Until Reasonable Assurance That Licensee in Substantial Compliance with Terms of OL & Has Proper Consideration for Public Health & Safety JPN-99-022, Comment Supporting Proposed Rule 10CFR50 Re Requirements for Industry Codes & Stds1999-06-22022 June 1999 Comment Supporting Proposed Rule 10CFR50 Re Requirements for Industry Codes & Stds ML20202J6321999-01-20020 January 1999 Transcript of 990120 Meeting in Peekskill,Ny Re Decommissioning.Pp 1-132.With Related Documentation ML20198E9721998-12-21021 December 1998 Order Prohibiting Involvement in NRC-Licensed Activities. Orders That Wh Clark Prohibited for 1 Yr from Engaging in NRC-Licensed Activities JPN-98-052, Comment Supporting Proposed Rules 10CFR50,52 & 72 Re Changes,Tests & Experiments.Util Endorses & Supports Position Presented by NEI & Commends Commission for Initiative to Address Disconnects1998-12-21021 December 1998 Comment Supporting Proposed Rules 10CFR50,52 & 72 Re Changes,Tests & Experiments.Util Endorses & Supports Position Presented by NEI & Commends Commission for Initiative to Address Disconnects ML20198L2731998-12-21021 December 1998 Comment Supporting NEI Re Proposed Rules 10CFR50, 52 & 72 Re Changes,Tests & Experiments JPN-98-050, Comment on Proposed Rule 10CFR50 Re Monitoring Effectiveness of Maint at Nuclear Power Plants.Encourages NRC Staff to Withdraw Proposed Change & to Work with Nuclear Power Industry & Other Stakeholders to Accomplish Goal1998-12-14014 December 1998 Comment on Proposed Rule 10CFR50 Re Monitoring Effectiveness of Maint at Nuclear Power Plants.Encourages NRC Staff to Withdraw Proposed Change & to Work with Nuclear Power Industry & Other Stakeholders to Accomplish Goal ML20155F4561998-08-26026 August 1998 Demand for Info Re False Info Allegedly Provided by Wh Clark to Two NRC Licensees.Nrc Considering Whether Individual Should Be Prohibited from Working in NRC-licensed Activities for Period of 5 Yrs ML20238F5271998-05-20020 May 1998 Partially Deleted Transcript of 980520 Enforcement Conference in King of Prussia,Pa Re J Stipek.Pp 1-46 IA-98-261, Partially Deleted Transcript of 980520 Enforcement Conference in King of Prussia,Pa Re J Stipek.Pp 1-461998-05-20020 May 1998 Partially Deleted Transcript of 980520 Enforcement Conference in King of Prussia,Pa Re J Stipek.Pp 1-46 ML20238F5241998-05-0606 May 1998 Transcript of 980506 Enforcement Conference Held in King of Prussia,Pa Re Con Edison,Indian Point.Pp 1-75 JPN-97-037, Comment on Final Direct Rule Changes to Paragraph (H) of 10CFR50.55a Codes & Standards. Effective Date of New Rule Should Be Delayed Until Listed Concerns Can Be Resolved & Appropriate Changes Incorporated1997-12-0101 December 1997 Comment on Final Direct Rule Changes to Paragraph (H) of 10CFR50.55a Codes & Standards. Effective Date of New Rule Should Be Delayed Until Listed Concerns Can Be Resolved & Appropriate Changes Incorporated ML20148M6471997-06-19019 June 1997 Comment Opposing Porposed NRC Bulletin 96-001,suppl 1, CR Insertion Problems ML20133N0511997-01-0505 January 1997 Comment Opposing Proposed Rule 10CFR50, Draft Policy Statement on Resturcturing & Economic Deregulation of Electric Util Industry ML20149M4621996-12-0909 December 1996 Comment Opposing Proposed Rule 10CFR50 Re Draft Policy Statement on Restructuring & Economic Deregulation of Electric Utility Industry ML20077G3481994-12-0808 December 1994 Comment on Proposed Rule 10CFR2,51 & 54 Re Nuclear Power License Renewal ML20070P0561994-04-19019 April 1994 Comment Supporting Proposed Rule 10CFR50 Re NRC Draft Policy Statement on Use of Decommissioning Trust Funds Before Decommissioning Plan Approval ML20029C5771994-03-11011 March 1994 Comment on Proposed Rule 10CFR20 Re Draft Rule on Decommissioning.Informs That 15 Mrem/Yr Unreasonably Low Fraction of Icrp,Ncrp & Regulatory Public Dose Limit of 100 Mrem/Yr ML20059C3031993-12-28028 December 1993 Comment Supporting Petition for Rulemaking PRM-21-2 Re Definition of Commercial Grade Item ML20045H8751993-07-19019 July 1993 Comment on Proposed Rule 10CFR55 Re Exam Procedures for Operator Licensing.Supports Rule ML20045F2451993-06-28028 June 1993 Comment on Proposal Re Radiological Criteria for Decommissioning NRC-licensed Facilities.Opposes Proposed Criteria ML20044F5681993-05-20020 May 1993 Comment on Draft Commercial Grade Dedication Insp Procedure 38703,entitled Commercial Grade Procurement Insp. Endorses NUMARC Comments Dtd 930517 JPN-02-034, Comment Supporting Proposed Rule 10CFR50.54 Re Receipt of Byproduct & Special Nuclear Matl1992-07-0606 July 1992 Comment Supporting Proposed Rule 10CFR50.54 Re Receipt of Byproduct & Special Nuclear Matl JPN-91-021, Comment on Proposed Rules 10CFR71,170 & 171, Rev of Fee Schedules;100% Fee Recovery. Endorses NUMARC Comments. Approx 300% Increase in NRC Fees for FY91 Will Have Major Impact Upon Operating & Maint Budgets of Plants1991-05-13013 May 1991 Comment on Proposed Rules 10CFR71,170 & 171, Rev of Fee Schedules;100% Fee Recovery. Endorses NUMARC Comments. Approx 300% Increase in NRC Fees for FY91 Will Have Major Impact Upon Operating & Maint Budgets of Plants JPN-91-005, Comment Re SECY-90-347, Regulatory Impact Survey Rept. Util Concurs W/Numarc Comments.Analysis of Info from NUREG-1395 Insufficient to Complete Evaluation.Root Cause Analysis of Seven Themes Listed in SECY-90-347 Recommended1991-01-28028 January 1991 Comment Re SECY-90-347, Regulatory Impact Survey Rept. Util Concurs W/Numarc Comments.Analysis of Info from NUREG-1395 Insufficient to Complete Evaluation.Root Cause Analysis of Seven Themes Listed in SECY-90-347 Recommended ML20066G4411991-01-23023 January 1991 Comments on Proposed Rule 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal.Substantive Typo in 901015 Filing on Behalf of Licensee Noted ML20058G6341990-10-30030 October 1990 Comment Opposing Proposed Rule 10CFR26 Re fitness-for-duty Program JPN-90-068, Comment Supporting Proposed Rule 10CFR51 Re Renewal of Nuclear Plant OLs & NRC Intent to Prepare Generic EIS1990-10-22022 October 1990 Comment Supporting Proposed Rule 10CFR51 Re Renewal of Nuclear Plant OLs & NRC Intent to Prepare Generic EIS JPN-90-067, Comment on Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal.Endorses Comments Submitted by NUMARC1990-10-15015 October 1990 Comment on Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal.Endorses Comments Submitted by NUMARC ML20065H7541990-10-15015 October 1990 Comment Re Proposed Rules 10CFR2,50 & 54 on Nuclear Power Plant License Renewal.Commission Assessment of Four Alternatives Should Be Expanded to Include Not Only Safety Considerations But Other Atomic Energy Act Objectives JPN-90-052, Comment Supporting Petition for Rulemaking PRM-50-55 Re Revs to FSAR1990-07-0909 July 1990 Comment Supporting Petition for Rulemaking PRM-50-55 Re Revs to FSAR JPN-90-050, Comment on Proposed Rule 10CFR55 Re Operators Licenses Mod for fitness-for-duty.Proposed Rule Will Place More Stringent Restrictions on Licensed Operators & Unnecessary1990-07-0202 July 1990 Comment on Proposed Rule 10CFR55 Re Operators Licenses Mod for fitness-for-duty.Proposed Rule Will Place More Stringent Restrictions on Licensed Operators & Unnecessary ML20012C6491990-03-0909 March 1990 Comment on Proposed Rule 10CFR50, Fracture Toughness Requirements for Protection Against PTS Events. Any Utilization of NRC Proposed Application of Reg Guide 1.99, Rev 2,would Be Inappropriate W/O re-evaluation by NRC ML20005F6521989-12-13013 December 1989 Comment on Proposed Draft Reg Guide DG-1001, Maint Programs for Nuclear Power Plants. Util Concurs w/industry-wide Position Presented by NUMARC & Offers Addl Comments ML20246P6061989-07-0707 July 1989 Comment Opposing Proposed Rule 10CFR50, Acceptance of Products Purchased for Use in Nuclear Power Plant Structures,Sys & Components. Significant & Independent Industry Efforts Already Underway to Address Issue ML20245K1941989-06-16016 June 1989 Comment on Proposed Rules 10CFR50,72 & 170 Re Storage of Spent Nuclear Fuel in NRC-Approved Storage Casks at Nuclear Power Reactor Sites JPN-89-008, Comment Opposing Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants1989-02-27027 February 1989 Comment Opposing Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants ML20235V9011989-02-24024 February 1989 Comment Opposing Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants. Supports NUMARC Position.Proposed Rule Will Hinder Important Initiatives to Improve Maint JPN-88-063, Comment on Proposed Rule 10CFR26 Re Fitness for Duty Program.Util Has Constitutional Concerns Re Proposed Random Testing Which Should Be Fully Addressed Prior to Rule Being Promulgated.Endorses NUMARC & EEI Comments1988-11-18018 November 1988 Comment on Proposed Rule 10CFR26 Re Fitness for Duty Program.Util Has Constitutional Concerns Re Proposed Random Testing Which Should Be Fully Addressed Prior to Rule Being Promulgated.Endorses NUMARC & EEI Comments ML20205L8521988-10-21021 October 1988 Comment Opposing Proposed Rule 10CFR20 Re Cleaning or Disposing of Nuclear Waste.Incineration of Radwaste Oil Should Not Be Allowed JPN-88-015, Comment Opposing Proposed Rule 10CFR50 Re Licensee Announcements of Inspectors.Rule Includes Requirement Contrary to Mgt Notification Practices.Rule Should Clarify Length of Time Applicable Once Inspector Arrives on Site1988-04-18018 April 1988 Comment Opposing Proposed Rule 10CFR50 Re Licensee Announcements of Inspectors.Rule Includes Requirement Contrary to Mgt Notification Practices.Rule Should Clarify Length of Time Applicable Once Inspector Arrives on Site JPN-88-002, Comment Supporting Proposed Rule 10CFR50 Re Proposed Policy Statement on Integrated Schedules for Implementation of Plant Mods.Concerns Re Schedule as License Amend Expressed1988-01-25025 January 1988 Comment Supporting Proposed Rule 10CFR50 Re Proposed Policy Statement on Integrated Schedules for Implementation of Plant Mods.Concerns Re Schedule as License Amend Expressed JPN-87-062, Comment on Proposed Rules 10CFR4,11,25,30,31,32,34,35,40,50, 60,61,70,71,73,74,75,95 & 110 Re Retention Period for Records.Proposed Changes Ineffective in Reducing Record Vol & Rule Remains Inconsistent & Complex1987-12-31031 December 1987 Comment on Proposed Rules 10CFR4,11,25,30,31,32,34,35,40,50, 60,61,70,71,73,74,75,95 & 110 Re Retention Period for Records.Proposed Changes Ineffective in Reducing Record Vol & Rule Remains Inconsistent & Complex JPN-87-053, Comment Supporting Proposed Rule 10CFR50 Re Revising Backfitting Process for Power Reactors.Minor Alterations Urged Re Conditions Under Which Backfit Needed to Assure Adequate Protection1987-10-15015 October 1987 Comment Supporting Proposed Rule 10CFR50 Re Revising Backfitting Process for Power Reactors.Minor Alterations Urged Re Conditions Under Which Backfit Needed to Assure Adequate Protection JPN-87-051, Comment Opposing Draft NUREG-1150, Reactor Risk Ref Document. Reduced Uncertainty in Risk Assessment Found to Be Significant W/Respect to NUREG-1150.NUREG Also Does Not Consider Value of Operator Actions.Addl Comments Encl1987-09-28028 September 1987 Comment Opposing Draft NUREG-1150, Reactor Risk Ref Document. Reduced Uncertainty in Risk Assessment Found to Be Significant W/Respect to NUREG-1150.NUREG Also Does Not Consider Value of Operator Actions.Addl Comments Encl ML20235Y9911987-07-20020 July 1987 Notice of Issuance of Director'S Decision Under 10CFR2.206 Re Emergency Planning for School Children in Vicinity of Indian Point.* Request to Suspend OLs Denied ML20151C5061987-02-18018 February 1987 Comment Opposing Proposed Rule 10CFR50 Re Licensing of Nuclear Power Plants Where State &/Or Local Govts Decline to Cooperate in Offsite Emergency Planning ML20093H6421984-10-15015 October 1984 Comments on Staff Presentation at Commission 841002 Meeting. Commission Should Conclude Proceedings Due to Inescapable Conclusion That Facility Safe to Operate & Poses No Undue Risk to Public.Certificate of Svc Encl ML20098D2721984-09-26026 September 1984 Comments on Commission 840905 Meeting Re Facilities,Per Sj Chilk 840911 Memo.Licensee Agrees W/Staff That Further Mitigative Features or Plant Shutdown Unnecessary Due to Low Risk.Certificate of Svc Encl 1999-09-20
[Table view] Category:PLEADINGS
MONTHYEARML20212E4181999-09-15015 September 1999 Petition Per 10CFR2.206 Requesting OL for Unit 2 Be Modified or Suspended to Prevent Restart Until Reasonable Assurance That Licensee in Substantial Compliance with Terms of OL & Has Proper Consideration for Public Health & Safety ML20094J7571984-08-13013 August 1984 Responses to 840730 Unpublished Order Directing NRC & Inviting Other Parties to Submit Views on Judge Gleason Dissent Re ASLB Recommendation Concerning Accident Probability.Certificate of Svc Encl ML20094J8781984-08-13013 August 1984 Response to Commission 840730 Order Permitting Comments from Parties Re Chairman Gleason Dissent to ASLB Recommendations to Commission.Certificate of Svc Encl ML20094J8971984-08-13013 August 1984 Comments on ASLB Chairman Gleason Dissent in Recommendations of Special Proceeding.Significant Risk Reduction Already Accomplished at Facility.Certificate of Svc Encl ML20084J8521984-05-0404 May 1984 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 ML20088A4711984-04-0606 April 1984 Petition for Suspension of Operation to Relieve Unacceptable Risk to Area School Children.Issue of Emergency Planning for Schools Must Be Resolved.Certificate of Svc Encl ML20024C3731983-07-0707 July 1983 Memorandum Opposing Pirg of New York Motion for Reconsideration of Commission 830610 Order.Pirg Should Not Be Permitted to Relitigate Arguments Fully Considered & Ruled Upon by Commission ML20024C3761983-07-0707 July 1983 Response Opposing Pirg of New York Motion for Reconsideration of Commission 830610 Order.Motion Untimely, Identifies No Matters of Fact or Law & Improperly Raises New Issues.Certificate of Svc Encl ML20072E8211983-06-23023 June 1983 Response Supporting Pirg of Ny Motion for Reconsideration of Commission 830609 Decision,Permitting Facility Operation W/O Restriction Despite Continued Noncompliance W/Emergency Planning Requirements.Certificate of Svc Encl ML20072D6241983-06-22022 June 1983 Motion for Immediate Reconsideration of Commission 830610 Order CLI-83-16 Permitting Continued Plant Operation. Commission Did Not Consider Current Status of Emergency Planning in Decision.Certificate of Svc Encl ML20072H5781983-06-22022 June 1983 Request 2-wk Extension to File Findings of Fact for Commission Questions 3 & 4.Atty Familiar W/Case Resigned ML20072E8241983-06-22022 June 1983 Answer Opposing Intervenor Motion for Extension of Time to Submit Proposed Findings.Motion Is Attempt to Delay Hearings.If Intervenor Motion Granted,Exemption Should Apply to All Parties.Certificate of Svc Encl ML20072D6291983-06-21021 June 1983 Motion for Extension Until 830711 to File Proposed Findings of Fact.Time Needed Since Intervenors Filing Consolidated Findings & One Atty Suffered Death in Family. Certificate of Svc Encl ML20071P3111983-06-0303 June 1983 Response Opposing Friends of the Earth/New York City Audubon Soc Request to File I Levi Affidavit.Testimony by Affidavit Improper Since No cross-examination Possible.Certificate of Svc Encl ML20071L5421983-05-24024 May 1983 Response Opposing Licensee Motion for Reconsideration of ASLB Denial of Licensee Motion to Admit Dp McGuire Testimony Before Trial ML20023D9341983-05-20020 May 1983 Response Opposing Util 830509 Motion for Reconsideration. Deposition Inadmissible as Evidence Under Federal Rules ML20071G9761983-05-20020 May 1983 Motion for Leave to Submit Written Comments on NRC 830505 Order to Suspend Facility Operations.Deficiencies Determined to Be Significant by FEMA Are Not Sufficiently Deficient to Require Suspending Operations ML20023D0941983-05-13013 May 1983 Motion for Opportunity to Address Issues Outlined in Commission 830505 Order CLI-83-11 Establishing Procedures for Decision on Enforcement Action.Intervenor Entitled to Participate as Matter of Right.Certificate of Svc Encl ML20074A4541983-05-11011 May 1983 Motion for Extension of Deadline (to 830615) for Filing Corrections to Transcripts & Deadline (to 830624) for Filing Comments.Certificate of Svc Encl ML20074A4461983-05-0909 May 1983 Motion for Reconsideration of Ruling Denying Licensee Motion to Receive Dp McGuire Deposition Transcript Into Evidence. Licensees Entitled to Place Deposition in Record. Certificate of Svc Encl ML20073S8781983-05-0909 May 1983 Motion for Opportunity to Address Issues Outlined in Commission 830505 Order CLI-83-11,establishing Procedures for Decision on Enforcement Action on Emergency Planning Issues.Certificate of Svc Encl ML20073S8801983-05-0606 May 1983 Motion for Extension of Deadline Until 830627 for All Parties to Submit Proposed Opinion,Findings of Fact & Recommendations Re Enforcement Action on Emergency Planning Issues.Certificate of Svc Encl ML20204G2681983-04-27027 April 1983 Motion to Amend Svc List to Add Sp Wasserman & Delete P Chessin,Lr Schwartz & M Oppel.Notice of Appearance & Certificate of Svc Encl ML20073R3471983-04-26026 April 1983 Motion Requesting Initiation of Studies on Human Response to Radiological Emergencies,Risks to Individuals Living Near Site & Difficulty of Evacuation in Emergency ML20073R3531983-04-25025 April 1983 Motion Requesting Completeness of Record on NRC Questions 3 & 4 Re Emergency Planning Issues,Including Capability for Handling Phone Calls in Emergency Planning Zone During Emergency ML20069L1181983-04-22022 April 1983 Motion to Strike Selected Intervenor Testimony Re 830309 Emergency Exercise.Testimony Cumulative,Repetitive, Conclusory,Lacks Adequate Foundation & Irrelevant. Certificate of Svc Encl.Related Correspondence ML20069L2131983-04-22022 April 1983 Motion for Admission Into Evidence of EPZ Tour Documents, Exhibits CE-11,CE-11A & CE-11B ML20204G3251983-04-22022 April 1983 Motion to Strike Portions of 830309 Emergency Drill Testimony Under Commission Questions 3 & 4 Filed by Witnesses for Various Intervenors.Certificate of Svc Encl.Related Correspondence ML20069K6031983-04-20020 April 1983 Motion to Compel Deposition of FEMA Witnesses P Mcintire, J Keller,R Kowieski & RW Krimm & to Preclude Witnesses from Presenting Testimony at 830426-29 Hearings Outside Scope of 830309 Exercise.W/Certificate of Svc ML20073G0351983-04-12012 April 1983 Motion for Approval of Encl Stipulation Re Intervenor Observation of 830309 Radiological Preparedness Exercise ML20073G1271983-04-12012 April 1983 Motion for Extension to Submit Testimony on Contention 6.2. Expert Witnesses a Stewart,B Brazelton & D Bohning Will Not Be Able to Testify Until Late May 1983.Findings of Fact Should Be Due 10 Days After Testimony.W/Certificate of Svc ML20073G1461983-04-11011 April 1983 Further Response in Opposition to Licensee 830407 Motion to Impose Sanctions.Motion Unrelated to Discovery.Draft Testimony Privilege Not Waived by Submitting Testimony Early.Certificate of Svc Encl ML20073B7361983-04-0707 April 1983 Further Suppl to Motion to Impose Sanctions on Greater New York Council on Energy.Komanoff Comments on Study & Aug-Sept 1982 Version of Study Must Be Produced.Use of Oct 1982 Study Should Be Precluded.W/Certificate of Svc ML20073L6361983-04-0707 April 1983 Further Suppl to Motion to Impose Sanctions on Greater New York Council on Energy,D Corren & Energy Sys Research Group, Inc.Depositions & Ltr Support Conclusions of Intentional Frustration of Util Discovery Rights.W/Certificate of Svc ML20072R7441983-04-0101 April 1983 Response to New York Pirg 830329 Motion for Order Requiring Production of Documents Re 830309 Emergency Planning Exercise.Exercise Evaluations Sought Should Be Regarded as Privileged.Certificate of Svc Encl ML20073C6581983-04-0101 April 1983 Motion for Submission,Under Commission Question 5,of Bl Cohen 830124 Testimony on Commission Question 1.ASLB Refused to Admit Testimony Under Question 1 But Testimony Is Relevant to Question 5.Certificate of Svc Encl ML20072N2641983-03-25025 March 1983 Response Opposing Licensee Motion for Sanctions Against D Corren,Greater New York Council on Energy & Esrg,Inc. Council Did Not Intentionally Withhold Discoverable Matls. Clarifies Misunderstandings.Certificate of Svc Encl ML20069H5671983-03-24024 March 1983 Response to Licensee Motion to Compel Under Commission Question 6.Resources Unavailable to Develop Study on Health Effects.Parents Concerned About Indian Point Does Not Bear Burden of Proof.W/Certificate of Svc.Related Correspondence ML20072K0991983-03-23023 March 1983 Suppl to Motion to Impose Sanctions Against D Corren,Greater Ny Council on Energy & Energy Sys Research Group,Inc for Failure to Produce Oct 1982 Study, Economics of Closing Indian Point Nuclear Power Plants. Related Correspondence ML20072L4521983-03-21021 March 1983 Motion to Strike Portions of Testimony of Some Rockland County Witnesses on Questions 3 & 4.Testimony Conclusory & W/O Supporting Factual Basis.Foundation Does Not Exist for Factual Matl Introduction.Certificate of Svc Encl ML20069F5191983-03-18018 March 1983 Motion for Time to Present Evidence Re 830309 Radiological Emergency Response Planning Exercise.Presentation Needed to Complete Record.Certificate of Svc Encl ML20069F4861983-03-17017 March 1983 Motion to Impose Sanctions Against D Corren & R Rosen of Greater Ny Council on Energy & Energy Sys Research Group,Inc for Failure to Respond to Interrogatories.Certificate of Svc Encl ML20069B8281983-03-14014 March 1983 Motion to Strike Certain Intervenor Prefiled Testimony Under Commission Questions 3 & 4 Re Emergency Planning Filed on 830311.Licensees Denied Any Meaningful Right to Discovery from Witnesses.Certificate of Svc Encl ML20069D0141983-03-14014 March 1983 Response Opposing Licensee Motion to Compel Greater Ny Council on Energy Further Response to Interrogatories.Motion Inappropriate & Unnecessary.Interrogatories Were Unclear & Burdensome.Certificate of Svc Encl ML20069C9481983-03-14014 March 1983 Answer Opposing PASNY Motion to Strike KT Erikson Testimony. Testimony Relevant to Contentions 3.2 & 3.7 & Is Based on Erikson Personal Knowledge ML20069D0871983-03-14014 March 1983 Motion for Waiver of Requirement to Distribute Indian Point 3 Emergency Plan & Emergency Planning Implementation Procedures Document to All Parties.Plans Are Voluminous & Expensive to Produce ML20069D1441983-03-14014 March 1983 Motion to Compel West Branch Conservation Assoc & Parents Concerned About Indian Point Further Responses to Licensee First Set of Interrogatories Under Commission Question 6.W/ Certificate of Svc.Related Correspondence ML20069D0491983-03-14014 March 1983 Motion to Strike Selected Intervenor Testimony.Objects to Intervenor 830311 Witness List for Commission Questions 3 & 4,presenting 99 Witnesses in 5 Days.Testimony Is Cumulative, Conclusory,Hearsay or W/O Foundation.W/Certificate of Svc ML20071F0001983-03-11011 March 1983 Motion to Amend Svc List to Include AP O'Rourke,New Westchester County Executive.Certificate of Svc Encl ML20071E5321983-03-0909 March 1983 Response Opposing Intervenor 830228 Motion for Extension of Deadlines to Complete Record on Emergency Planning Issues in Commission Questions 3 & 4.ASLB Resolved Scheduling Question.Certificate of Svc Encl 1999-09-15
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i.- 00CKETED USNRC
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. UNITED STATES 0F AMERIC NUCLEAR REGULATORYpMQ Oh 04 .
BEFORE THE ATOMIC SAFETY AtJD ; , gEghNSFJOARD Louis J. Carter Ch ~ eva SERV!
Frederick J. '$h'onBRANCH Dr. Oscar H. Paris
_______________________________________x In the Matter of :
Docket Nos. 50-247-SP CONSOLIDATED EDISON COMPANY OF NEW : 50-286-SP YORK INC. (Indian Point, Unit No. 2)
POWER AUTHORITY OF THE STATE OF NEW YORK (Indian Point, Unit No. 3) :
August 31, 1982
______________________.________________x CON EDISON'S MOTION TO ESTABLISH A BRIEFING SCHEDULE REGARDING THE REFORMULATION OF CONTENTIONS Consolidated Edison Company of New York, Inc.,
Licensee of Indian Point No. 2 (" Con Edison") hereby moves this Board for an order establishing a briefing schedule regarding the Commission-ordered reformulation of contentions in the captioned proceeding. On July 27, 1982, the Commission issued a Memorandum and Order (" July 27 Order") in which it directed as follows:
We remand to the Board for expeditious recon-sideration of its rulings as to the admissibility of all of the contentions admitted to the Special
- Proceeding. Additionally, we expect the Board to reformulate the contentions in accordance with this guidance. That includes the rejection of contentions previously admitted which do not fall within the scope 8209100274 820902 .
{DRADOCK 05000247 PDR
3 of this proceeding as defined by the Commission.*
Following the receipt of the Commission directive, this Board suspended future hearings in this matter pending the reconsideration of contentions. In this connection, the Commission indicated that it was its intention in the January 8 ,
and September 18 Orders not to permit challenges to Commission regulations.except under.the circumstances explicitly set forth. Regarding contentions, the Commission directed that 10 CFR Part 2 should fully apply, with the additional require-ment of a higher relevancy threshold than would otherwise be used. The July 27 Order states that:
Our intent was not that the requirements of 10 CFR S 2.714 be dispensed with or to encourage contentions challenging the Commission's regulations, but that additional requirements be applied to admission of conten-tions to assure a focused proceeding. In particular, we 3
had in mind that the Board would, first, assure itself that proffered contentions included a statement of bases and that both the contentions and bases were stated with reasonable specificity, and second, further screen out those contentions which, while complying with S 2.714, did not seem likely to be important in answering our questions. In this latter regard, we had in mind that the Board would itself redraft the contentions, screen-ing out those issues which, in its judgement, would not contribute materially to the resolution of the Commission questions in light of the stated purpose of the proceeding, i.e., the extent to which nearby population affects the
- Consolidated Edison Company of New York (Indian Point,
" Unit 2) and Power Authority of the State of New York (Indian Point, Unit 3), CLI-82-15, NRC ,
Docket Nos. 50-247, 50-286 (July 27, 1982), Slip op. at 17 o
2-
~. ,.
risk posed by Indian Point as compared to the spectrum of risks posed by other nuclear power plants. In light of this purpose, the Board is expected to screen out those issues which, in its judgment, would make only a minor '
contribution to the Commission's goal, incommensurate with the time and resources required to address them.
Con Edison respectfully submits that the Licensees' and the NRC Staff's memoranda of December 31, 1981 and February -
11, 1982 and the arguments made by these parties at the April 13-14 prehearing conference, will substantially assist in this exercise, the interpretation and applications of the Commission's January 8 and September 13 Orders contained in these memoranda being quite consistent with the guidance provided in the July 27 Order. Further briefing on implement-ing the July 27 Order would also, in Con Edison's view, assist the Board and the parties in focusing future efforts in this proceeding, expedite ips prompt completion, and reduce the likelihood of ra:J.;cace of the conditions which led to the July 27 Order.
Indeed, in its September 18, 1981 Order in this proceeding,* the Commission expressed the intention that the formulation of issues to be litigated be done "after consultation with the parties."** Nothing in the July 27 Order indicates a departure from that directive with regard to
~ 3-
the reformulation of issues currently being undertaken by the
- Board.-
I For taese reasons, Con Edison believes that the most prudent course of action which could be followed under the unique circumstances of this case is for the Board to solicit ,
the views of all parties regarding those " proffered contentions" which are now believed to be admissible in light of the Commission's January 8, September 18 and July 27 Orders. We suggest that such a consideration by the Board of the positions of all parties following the Board's issuance of its proposed reformulation will aid the prompt consideration of those particular issues intended by the Commission to be addressed in this special proceeding. As clarified by the July 27 Order, the parties will be able to address the Board on the materiality of i
each contention to the " extent to which nearby population affects the risk posed by Indian Point as compared to the spectrum of risks posed by other nuclear power plants."
While Con Edison believes that the parties' views should be solicited regarding any Board-proposed reformulation of issues, we believe that Mr. Chilk's August 23, 1982 letter to the Board on behalf of the Commission makes it highly desirable for the" Board to postpone reformulation of-emergency planning
~
(Commission Questions 3 and 4) issues in this proceeding until at least December of this year. In the August 23 letter, the Commission, through Mr. Chilk, noted that the NRC Staf f had
p .
started the "120-day clock" pursuant to 10 CFR S 50.54(s)
(2)(ii). Mr. Chilk continued that:
[Blased upon the Commission's perception that to hear testimony regarding what is likely to be a rapidly changing situation would be wasteful of the time and resources of the Board and the parties, the ,
r Commission believes that the Board should (after reconsidering its rulings on the contentions and completing any necessary prehearing matters) proceed first to take evidence on Commission Questions 1, 2, 5, 6 and 7. Then, if the concerns that prompted the Board to certify questions 2a and 2b are resolved at the conclusion of the testimony on these other Commission questions, the Board is to proceed to take evidence on questions 3 and 4 under the Commission guidance previously provided. If the concerns remain at this later date, then the Board should return to the Commission for further guidance. August 23 letter at pp. 2-3 Since the " rapidly changing situation" recognized by the Commission may eventually render moot many of the issues currently before the Board by the time the "120-day clock" expires in December, any present reformulation of emergency planning issues by the Board would likely require much effort that may well be wasted because of future developments. If the Board awaits the passage of the 120-day period, it will be able to apply the Commission's population-based materiality standard to the Question 3 and 4 contentions based upon conditions actually existing at that time. Therefore, Con Edison submits and requests that the Board limit its current efforts to re-formulation of contentions re. lated to Commission Questions 1, 2, 5 and 6, and defer any action on emergency planning contentions until the expiration of the "120-day clock."
In order to accomplish the objectives set forth above,
Con Edison moves this Board to issue an order providing that:
- 1) Ten days after the issuance of the Board's Order setting forth the proposed reformulation of contentions, each party desiring to do so shall submit a brief addressing the admissibility of the Board's contentions relating to Commission Questions 1, 2, 5 and 6;*
- 2) Within five days of the filing of the aforementioned brie fs , any party wishing to do so may file a reply brief which takes issue with the initial brief filed by any other party; and
- 3) Upon receipt of the briefs of all parties wishing to submit them, a prehearing conference will be held in order to discuss the views of the parties.
Res[ctf 1 sub , t ed, I$
Br nt L. Brandenburg
- Assistant General C unsel Consolidated Ediso Company of New York, Inc.
4 Irving Place New York, New Y k 10003 (212) 460-4333 of Counsel, Stephen M. Sohinki Dated: New York, New York August 31, 1982 J
fe
- The Board should make clear that the briefs are to be in the hands of all parties 10 days after issuance of the Board's order.
r, ,
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD l
Before Administrative Judges:
Louis J. Carter, Chairman Dr. Oscar H. Paris Frederick J. Shon ,
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(
CONSOLIDATED EDISON COMPANY OF : Docket Nos. 50-247-SP NEW YORK, INC. (Indian Point, 50-286-SP Unit No. 2) :
POWER AUTHORITY OF THE STATE OF :
NEW YORK, (Indian Point, Unit No. 3) :
_-_------_-_-_---_---__--_-_x CERTIFICATE OF SERVICE I certify that I have served corrected copies of the annexed Motion to Establish a Briefing Schedule Regard-ing the Reformulation of Contentions on the following P
parties by deposit in the United States Mail, postage prepaid, on th'is 2nd day of September, 1982.
Docketing and Service Branch Dr. Oscar H. Paris Office of the Secretary Administrative Judge U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Board Washington, D. C. 20555 U.S. Nuclear Regulatory Commission Louis J. Carter, Esq., Chairman Washington, D. C. 20555 Administrative Judge Atomic Safety and Licensing Mr. Frederick J. Shon Board Administrative Judge 7300 City Line Avenue - Suite 120 Atomic Safety and Licensing Philadelphia, Pennsylvania 19151 Board U.S. Nuclear Regulatory Commission Washington, D. C. 20555
a ,
I Janice Moore, Esq. Charles J. Mrikish, Esq.
Of fice of the Executive Litigation Division Legal Director The Port Authority of U.S. Nuclear Regulatory New York and New Jersey Commission One World Trade Center Washington, D. C. 20555 New York, New York 10048 Paul F. Colarulli, Esq. Ezra I. Bialik, Esq. .
Joseph J. Levin, Jr., Esq. Steve Leipsiz, Esq.
Pamela S. Horowitz, Esq. New York State Attorney Charles !! organ, Jr. , Esq. General's Office
!- Morgan Associates, Chartered Two World Trade Center 1899 L Street, N.W. New York, New York 10047 Washington, D. C. 20036 Alfred B. Del Bello Charles M. Pratt, Esq. Westchester County Executive Thomas R. Frey, Esq. 148 Martine Avenue Power Authority of the State White Plains, New York 10601 of New York 10 Columbus Circle Andrew S. Roffe, Esq.
New York, New York 10019 New York State Assembly Albany, New York 12248 Ellyn R. Weiss, Esq.
William S. Jordan, III,_ Esq. Renee Schwartz, Esq.
Harmon & Weiss Paul Chessin, Esq.
1725 I Street, N.W., Suite 506 Laurens R. Schwartz, Esq.
- Washington, D. C. 20006 Botein, Hays, Sklar & Herzberg 200 Park Avenue Joan Holt, Project Director New York, New York 10166 Indian Point Project y -
! New York Public Interest Stanley B. Klimberg Research Group New York State Energy Office 9 Murray Street 2 Rockefeller State Plaza New York, New York 10007 Albany, New York 12223 John Gilroy, Westchester Ruth Messinger
- Coordinator Member of the Council of the
+
Indian Point Project City of New York New York Public Interest District #4 Research Group City Hall
! 240 Central Avenue New York, New York 10007
! White P1'ains, New York 10606 Marc L. Parris, Esq.
Jeffrey M. Blum County Attorney New York University Law School County of Rockland 423 Vanderbilt Hall 11 New Hempstead Road Washington Square South New City, New York 10010 New York, New York 10012 e r
[ L Joan Miles Alan Latman, Esq.
Indian Point Coordinator 44 Sunset Drive Croton-on-Hudson, New York 10520 New York City Audubon Society 71 W. 23rd Street, Suite 1828 New York, New York 10010 Richard M. Hartzman, Esq.
Lorna Salzman
Energy 208 West 13th Street New York, New York 10011 c/o Dean R. Corren, Director New York University 26 Stuyvesant Street -Zipporah S. Fleisher New York, New York 10003 West Branch Conservation
Association Atomic Safety and Licensing 443 Buena Vista Road Board Panel New City, New York 10956 U.S. Nuclear Regulatory Commission Mayor F. Webster Pierce Washington, D. C. 20555 Village of Buchanan 236 Tate Avenue Atomic Safety and Licensing Buchanan, New York 10511 Appeal Board Panel Judith Kessler, Coordinator U.S. Nuclear Regulatory Commission Rockland Citizens for Safe Washington, D. C. 20555 Energy 300 New Hempstead Road Richard L. Brodsky New City, New York 10956 Member of the County Legislature Westchester County David H. Pikus, Esq.
- County Office BuildingF Richard F.- Czaja, Esq.
330 Madison Avenue White Plains, New York 10601 New York, New York 10017 Pat Posner, Spokesman Parents Concerned About Amanda Potterfield, Esq.
Indian Point Box 384 P.O. Box 125 Village Station Croton-on-Hudson, New York 10520 New York, New York 10038 Charles A. Scheiner, Co-Chairperson Ruthanne G. Miller, Esq.
Westchester People 's Action Atomic Safety and Licensing Coalition, Inc. Board Panel P.O. Box 488 U.S. Nuclear Regulatory White Plains, New York 10602 Commission Washington, D. C. 20555
n Donald Davidoff, Director Craig Kaplan, Esq.
Radiological Preparedness National Emergency Civil Group Liberties Committee Empire State Plaza 175 Fifth Avenue-Suite 712 Tower Building - Room 1750 New York, New York 10010 Albany, New York 12237 Dated: September 2, 1982 New York, New York
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