ML20027C539

Motion in Response to ASLB 821001 Order,Requesting Clarification & Importance of Term Discussion & Extension of Time to Determine Position Re Issue of Consolidation. Certificate of Svc Encl

ML20027C539
Person / Time
Site:	Indian Point
Issue date:	10/13/1982
From:	Kaplan C NEW YORK, NY
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-SP, NUDOCS 8210180138
Download: ML20027C539 (7)

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. DOCKETED US}lRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSIO g gg ATOMIC SAFETY AND LICENSING BOyjtRE OF SECiiiiAR; '

Before Administrative Judges 00C3.Elit:G & SEW.C . - '

James P. Gleason, Chair MAMCH Frederick J. Shon Dr. Oscar H. Paris s .

_________________________________________x In the Matter of:

CONSOLIDATED EDISON COMPANY OF NEW YORK Docket Nos.

INC. (Indian Point, Unit No. 2),  :

50-247 SP POWER AUTHORITY OF THE STATE OF NEW YORK : 50-286 SP (Indian Point, Unit No. 3)

. October 13, 1982

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x NEW YORK CITY COUNCIL MEMBER MOTION IN RESPONSE TO ASLB .

MEMORANDUM AND ORDER (October 1, 1982)

NEW YORK CITY COUNCIL MEMBERS granted Interested' State status.by this Atomic Safety and Licensing Board hereby moves this Board for an ORDER:

1. Clarifying the meaning and import of the term discussion as utilized by this Board in its-MEMORANDUM AND ORDER of October 1, 1982 (p. 4);

2. Granting NEW YORK CITY COUNCIL MEMBERS an ex- ~

tension beyond October 15, 1982 for it to determine its position regarding the issue of consolidation (see, MEMORANDUM AND ORDER, pl 38) ;and

3. Reversing this Board's current position regarding the taking of testimony on Commission Questions 3 and'4; and establishing a schedule which will allow NEW YORK CITY COUNCIL MEMBERS (and other Interested States) to present testimony on Commission Questions 3 and 4 immediately upon the expiration of the 120-day clock now in effect.

821010013e 821013 .

PDR ADOCK 05000247 0 PDR -

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DISCUSSION P_oint_s_1_an_d_2:

In its MEMORANDUM AND ORDER this Board states: .

...each party or group of parties consolidated by the Board pursuant to 10 CFR g2.715a which offers testimony not yet heard on accident consequences must also offer a discussion of the probability of the accidents leading to the alleged consequences.

Some discussion of that probability must be presented in a party's (or group of parties') direct testimony.

It may,be based on calculations performed by the party itself or on information developed by another party, including the NRC Staff or the Licensees, which may be obtained through discovery. JL party's discussion on probability may be elaborated.upon later and offered as rebuttal testimony, if appropriate, after the party has obtained more information through direct testimony and cross-examination. (P. 4).

NEW YORK CITY COUNCIL MEMBERS request that this Board clarify its use of the term discussion ~. It is unclear, at' least to this participant in this investigation, whether the Board views a discussion of the probability issue as a condition precedent for the introduction of testimony on consequences under Commission Question 1; or whether the discussion will be treated as evidence itself, or both.

) Given its lack of clarity on this issue, NEW YORK CITY COUNCIL MEMBERS also request that it not be required to

determine its position regarding th'e matter of consolidation until such decision might be informed by an understanding of this Board's interpretation of the meaning of the term discussion.

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l Point 3:

NEW YORK CITY COUNCIL MEMBERS filed testimony with this

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Board, pursuant to Board directive, responsive to Commission Questions 3 and 4 on July 23, 1982. This testimony was not directed ab o'r responsive to particular contentions articulated by this Board in its MEMORANDUM AND ORDER of April 23, 1982.

Rather it was responsive to the Commission ~ Questions themselves.

As a result of the the July 30, 1982 report by the Federal Emergency Management Agency (FEMA) , the NRC Staff activated a 120-day clock pursuant to 10 CFR g50.54 (s) (2) (ii) . In light of this. development, the Commission, in its ORDER regarding the future conduct of this proceeding, stated that the Board

...can... proceed first to take evidence on Commission Questions 1,2,5,6 and 7.", before completing Questions 3.and 4. (Commission Order CLI-82-25, September 17, 1982). At the time of this ORDER,.NEW YORK CITY COUNCIL MEMBER testimony, though filed, had not been heard.

The~ Commission's reasons for its procedural approach, as adopted by this Board, rest on a concern for an expeditious and

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thorough hearing. This interest is, of course, shared by -

NEW YORK CITY COUNCIL MEMBERS. It is agre,ed that it would be wasteful to spend the time taking testimony on a situation likely to be changing rapidly during the 120-day period as a result of State, County and Licensee activity responsive to the FEMA report. -

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a If the testimony that has been filed by the COUNCIL MEMBERS could be affected by the State, County and Licensee activity there would be good reason to postpone the hearing of such testimony. This is not the case, however. Nor is it the case that any reformulation of the contentions under Commission Questions 3 and 4 as a result of events occurring during the 120-day period will affect the relevance of the NEW YORK CITY COUNCIL MEMBER offering, as the COUNCIL MEMBER testimony is directed at the Questions themselves and not at the contentions thereunder.

For these reasons, NEW YORK CITY COUNCIL MEMBERS submit that the interests of expedition and thoroughness will be served by this Board receiving testimony from the COUNCIL MEMBERS on Commission ' Questions 3 and 4 during the month of December (or earlier, if possible) while the Board itself reformulates the contentions under Questions 3 and 4 in light of the developments that may occur during the 120-day period; and while all the participants in these hearings are completing discovery and testimony preparation for Commission Questions 1,2,5 and 6.

WHEREFORE, NEW YORK CITY COUNCIL MEMBERS granted Interestiei .

State status in these proceedings prays for an ORDER granting the herein requested relief and any other. relief that to this Atomic Safety and Licensing Board may seem proper.

Respectfully submittpd, ktV Special Counsel, Dated: October 13, 1982 ' Craig Kaplan,dency National dmer Civil Liberties Comm.

for NEW YORK CITY COUNCIL MEMBERS

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- . ~ 00LKETED UStiRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION sgg g j4 p4;j7 BEFORE THE ATOMIC SAFE;TY AND LICENSING BOARD OFFlCE OF SECRET.3 -

00CdETil:G & SERVICE BRANCH , .

In the Matter of )

)

CONSOLICATED EDI, SON COMPANY ) Docket Nos. 50-247-SP OF NEW YORK (Indian Point, Unit 2) ) 50-286-SP

)

POWER AUTHORITY OF THE STATE OF ) October 13, 1982 NEW YORK (Indian Point, Unit 3) )

CERTIFICATE OF SERVICE ,

I hereby certify that copies of NEW YORK CITY COUNCIL MEMBER MOTION IN RESPONSE TO ASLB MEMORANDUM AND ORDER (October 1, 1982) in the above captioned proceeding have been served on the following by deposit in the United States mail, first class, this 13rd day of October, 1982.

James P. Gleason, Chair Paul F. Colarulli, Esq.

Administrative Judge Joseph J. Levin, Jr. , Esq.

Atomic Safety and Licensing Board Pamela S. Horowitz, Esq.

513 Gilmoure Drive Charles Morgan, Jr. , Esq.

Silver Spring, Maryland 20901 Morgan Associates, Chartered 1899 L Street, N.W.

Washington, D.C. 20036 Dr. Oscar H. Paris Administrative Judge Charles M. Pratt, Esq.

Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission Thomas R. Frey, Esq.

Washington, D.C. 20555

• Power Authority of the State of New York ,

l Mr. Frederick J. Shon 10 Columbus Circle ,

l Administrative Judge New York, N.Y. 10019

• Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission Ellyn R. Weiss Esq.

20555

• William S. Jordan, III, Esq.

Washington, D.C.

Hannon & )leiss Brent L. Brandenburg, Esq. . 1725 I Street, N.W., Suite 506 Washington, D.C. 20006 Assistant General Counsel Consolidated Edison Co. of New York, Inc. Jonathan D. Feinberg 4 Irving Place New York State Publii; Service New York, N.Y. 10003 Commission

' Three Empire State Plaza Mayor George V. Begany Albany, New York 12223 Village of Buchanan 236 Tate Avenue Buchanan, N.Y. 10511

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John Gilroy, Westchester Coordinator Stanley B. Klimberg Indian Point Project General Counsel New York Public Interest  ; New York. State Energy Office Research Group ' '

2 Rockefeller State Plaza 240 Central Avenue Albany, N.Y. 12223 White Plains, N.Y. 10606 Marc L. Parris, Esq. - '

Jeffrey M. Blum, Esq. Eric Thorsen, Esq.

New York University Law School County Attorney, County of Rockland 423 Vanderbilt Halt 11 New Hempstead Road 40 Washington Squ'are South New City, N.Y. 10956 New York, N.Y. 10012 Charles J. Maikish, Esq. Joan Miles Litigation Division . Indian Point Coordinator The Port Authority of New York City Audubon So:iety New York and New Jersef 71 West 23rd Street, Suite 1828 -

One World Trade Center New York, N.Y. 10010 New York, N.Y. 10048 -

Greater New York Council on Ezra I. Bialik, Esq. Energy Steve Leipsiz, Esq. c/o Dean R. Corren, Director Environmental Protection Bureau New York University New York State Attorney 26 Stuyvesant Street General's Office New York, N.Y. 10003 Two World Trade Center ~

New York, N.Y. 10047' Honorable Richard L. Brodsky Member of the County Legislature Alfred B. Del Bello .

est e Westchester County Executive fgu c ding r ounty White Plains, N.Y. 10601 Wes e 148 Martine Avenue Pat Posner, Spokesperson White. Plains, New York 10601 Parents Concerned About Andrew S. Roffe, Esq. Indian Point l .

New York State Assembly P.O. Box 125 Albany, N.Y. 12248 Croton-on-Hudson, N.Y. 10520 Ruthanne G. Miller, Esq. Charles A. Scheiner, Atomic Safety and Licensing Board Co-Chairperson .- -

Panel Westchester People's Action -

U.S. Nuclear Regulatory Comission Coalition, Inc. .

Washington, D.C. 20555

• P.O. Box.488 White Plains, N.Y. 10602 Honorable Ruth Messinger Richard M. Hartzman, Esq.

Member of the Council of the Lorna Salzman City of New York Friends of the Earth, Inc.

District #4 208 West 13th Street City Hall New York, N.Y. 10011 .

New York, N.Y. 10007 e

Donald Davidoff Director Radiologic.al Emergency Ala,n t. atman, Esq. Preparedness Group 44 Sunset Drive Empire State Plaza Croton-on-Hudson, N.Y. 10520 Tower Building, Rm. 1750 Zipporah S. Fleisher  ! -

West Branch Conservation Renee Schwartz, Esq.

Association Paul C6essin, Esq.

443 Buena Vista Road Laurens R.' Schwartz, Esq. '

New City, N.Y.. 10956 Margaret Oppel, Esq.

Botein, Hays, Sklar & Hertzberg Judith Kessler, Coordinator 200 Park Avenue Rockland Citizens foi S&fe Energy New York, NY 10166 300 New Hempstead Road N:w City, N.Y. 10956 Amanda Potterfield, Esq.

Joan Holt, Project Director David H. Pikus, Esq. -

New York Public Interest Research Richard F. Czaja, Esq. Group, Inc.

330 Madison Avenue 9 Murray Street New York, N.Y. 10017 New York, New York 10007 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission .

Washington, D.C. D Dub f 20555

• e t Ao Safety and Licensing Appeal 25 e ai , NY 10601 U.S. Nuclear Regulatory Comission Washington, D.C. 20555

• Mr. Samuel J. Chilk D::cketing and Service Section Secretary of the Commission Office of the Secretary U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Comission Washington, D.C. 20555 Washington, D.C. 20555

• Leonard Bickwit, Esq.

. General Counsel l U.S. Nuclear Regulatory Commission Gnoffrey Cobb Hyan Washington, D.C. 20555 Conservation Commission, Chcir, Director Ms. Amanda Potterfield, Esq.

NYC Audubon Society P.O. Box 384 71 W. 23 St. Suite 1828 Village Station '~

New York, New York 10010 New York, New York 10014 .

l Ruthanne G. Miller, Esq. Alan S. Rosenthal, Esq. CMair.

Atomic Safety & Licensing Atomic Safety & Licensing Appeal Board Panel Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission ,ashington, W D.C. 20555, Wachington, D.C. 20555 l

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Jenice Moore, Esq.

Counsel for Nuclear Regula-j -

tory Commission Staff / -

1. M Office of Nuclear Regulatory W RAIG KAP , .

l Commission .

Washington, D.C. 20555

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