ML20028E359

Memorandum Opposing Rockland County 830107 Motion for Expedited Hearing to Consider County 830106 Petition for Review of Commission 821222 Alleged Final Decision.County Fails to Justify Expedition.Certificate of Svc Encl

ML20028E359
Person / Time
Site:	Indian Point
Issue date:	01/17/1983
From:	Brandenburg B CONSOLIDATED EDISON CO. OF NEW YORK, INC.
To:	U.S. COURT OF APPEALS, 2ND CIRCUIT
References
83-4003, NUDOCS 8301210262
Download: ML20028E359 (5)

Text

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.m...-"" 83 4003 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT M" '*

County of Rockland, Petitioner ,

NOTICE OF MOTidN

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g gS ta te o MOTION SY: rN .nds.'. ./sternerimeAerses OPPOSING COUNSEL: rn 4 ,t .f.,,,.,,g,a.,,,,

Brent L. Brandenburg (212)460-4333 Has a request of opposing counsel EMEnctNCY MOTIONS, MOTIONS FOR STAYS for consent been refused? O Yes E No & INJUNCTIONS PENOtNG APPEAL G Yes O No Has request for relief been made belowf Has senice been effected?

to oral argument desired? O Yes 2 No (3.e F.lt.U. AsJe SJ O Yes O No (5 6st m v ..ams entr> huld epited a# ehk M fu & ed "1"UE.d*'a*li, nIApuary 18, 1983 O Yes O No U no *IPu why nott Date of ar;ument of appeal. if scheduled:

k te'd E [teT N o btory Commission Brief statement of the relief requested:

Denial of motion for expedited hearing.

Previous requests for similar relief and disposition:

None.

Statement of the issuetes presented by this motier:

Do facts exist which justify the granting of an expedited hearing?

Brief statement of the facts (msA p ee rererenca u sa. ,,.pers>:

See Consolidated Edison's Memorandu=t of Law in Opposition to Petitioner's Fbtion for an Expedited Hearing annexed hereto.

Summarv of the argument t-sh ,.,,,,rere.<= = in. ,,,,,c,i, See Consolidated Edison's Memorandum of Law in Opposition to Petitioner's Motion for an Expedited Hearirig anney he et o' /

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l 8301210262 830117 T' Brent L. Branden6ttrg l

PDR ADOCK 05000247; Attorney for O PDR U_ Consolidated Edison Comp y of I New York, Inc.

l 4 Irving Place l New York, New York 10003 l January _1.7,.._19 8 3 (212)460-4333

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1 Alturney fur.

ORDER ,, ,,,,,

LT IS HEREBY ORDERED that the monon 1

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granted denied l I DOCKETNUMBER PROD Ik UTIL FAC..

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I UNITED STATES COURT OF APPEALS 4

FOR THE SECOND CIRCUIT

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------x County of Rockland,  :

Petitioner,

- against -

United States Nuclear, Regulatory Commission, United States of America,:. Docket No. 83-4003

Consolidated Edison Co. of New York, Inc. and the Power Authority of the :

State of New York, Respondents.  :

i

_____________________________________x MEMORANDUM IN OPPOSITION TO ROCKLAND COUNTY'S MOTION FOR AN EXPEDITED HEARING This memorandum is submitted by respondent Consolidated Edison Company of New York, Inc. (" Con Edison"), p'ursuant to Rule 27 (b) of the Rules of Procedure of the United States Court of Appeals for the Second Circuit, in opposition to petitioner's motion for an .

expedited hearing.

Petitioner ("Rockland") on January 6, 1983, brought a petition to review an allegedly final decision of the United States

• Nuclear Regulatory Commission ("NRC")

dated December 22, 1982. The NRC in the decision at issue i decided that with regard to the state of of f-site radiological emergency planning, "no shutdown (of Indian Point Units 2 and 3] or other enforcement action is needed i i

at this time." Consolidated Edison Co. of New York, Inc.

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A and Power Authority of the State of New YorP (Indian Point Units 2 and 3), CLI-82-38 at 7, NRC (1982).

On January 7, 1983, petitioner moved this Court pursuant to its Rule 27(b) for an expedited hearing to consider Rockland's petition for review, alleging, inter alia, that "the current operation of Indian Point Unit 2, and anticipated operation of Indian Point Unit 3 in March or April of 1983 poses a serious risk to the health, safety and welf are of the citizens of Rockland County."

Petitioner's Motion at 2. Rockland proposed the following timetable:

1. NRC to file its records within 20 days after service upon it of the petition for review; 2 Rockland to serve and file its brief within 20 days after the date on which the record is l

filed;

3. Con Edison and the Power Anthority of the State of New York ("PASNY") to serve and file their briefs within 15 days after service of the brief of Rockland;

4. Rockland to file and serve its reply brief within 7 days after service of the briefs of Con Edison and PASNY.

The schedule put forth by Rocklar.d reduces by one-half the usual times permitted for filing and service of the record and briefs as set out in Rule 31(a) of the Federal Rules of Appellate Procedure.

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Con Edison subaits that Rockland's unsubstantiated and conclusory allegation as to the presence of a risk to the health, safety and welfare of the citizens of Rockland County by virtue of the operation of Indian Point Units 2 and 3 fails to establish an appropriate showing of urgency to justify this Court's granting an expedited hearing of the petition for review. Indeed, since an NRC-originated hearing in which the very same emergency planning questions propounded by petitioner are being considered and evaluated by an Atomic Safety and Licensing Board ("ASL3") is currently in session, there is no apparent urgency warranting an expedited hearing of Rockland's petition.

CONCLUSION For all of the foregoing reasons, this Court is respectfully urged to deny petitioner's motion for an expedited hearing.

Res ' tfullr submiyted,

)

/i Oh Consolidated Ediso Company of New York, I .

By: 3 rent L. Br'ndenburg l

l 4 Irving Place New York, New '.ork 10003 (212)460-4333 Patricia M. Fruehling of Counsel Dated: January 17, 1983 ew York, New York e

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k UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

_______________________________________x County of Rockland, petitioner,  :

against -  :

United States Muclear Regulatory  :

Commission, United States of America, Docket No. 83-4003 Consolidated Edison Co. of New York,  :

Inc. and the Power Authority of the State of New York,  :

Respondents.

_______________________________________x State of Mew York )

) ss.:

County of New York)

Robert F. Kiedaisch, being duly sworn, says that he served by first class U.S. mail, the attached Memorandum in Opposition to Rockland County's Motion for an Expedited Hearing upon the County of Rockland at the County Office Building, New City, New York 10956; upon the United States Nuclear Pegulatory Commission at 1717 F Street, N.W.,

Washington, D.C. 20555; upon the United States Department of Justice at Constitution Avenue, Washington, D.C. 20530; and upon the Power Authority of the State of New York at 10 Columbus Circle, New York, New York 10019.

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J /WJ Sworn to before me this 17th day of January, 1983.

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