ML20052A647

Motion for Directed Certification of Motion for Stay of Commission 810108 & 0918 Orders or for Dismissal of Proceeding or Alternatively,For Certification.Aslb Wrongly Concluded That ASLB Lacks Jurisdiction to Stay Hearing

ML20052A647
Person / Time
Site:	Indian Point
Issue date:	04/20/1982
From:	Morgan C MORGAN ASSOCIATES, POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK
To:	NRC COMMISSION (OCM)
Shared Package
ML20052A648	List: ML20052A647 ML20052A656
References
NUDOCS 8204280541
Download: ML20052A647 (3)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION RECEIVED 4P COMMISSIONERS '82 ts 22 N *.

' , R 2 319625'2 Nunzio J. Palladino, Chairman S rac Victor Gilinsky

/ John F. Ahearne 4 p Thomas M. Roberts

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In the Matter of )

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CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. ) Docket Nos.

(Indian Point, Unit No. 2) )

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

)

)

LICENSEE'S MOTION FOR DIRECTED CERTIFICATION OF MOTION FOR A STAY OF COMMISSION'S ORDERS OF JANUARY 8, 1981 AND SEPTEMBER 18, 1981 OR FOR DISMISSAL OF THIS PROCEEDING OR, IN THE ALTERNATIVE, FOR CERTIFICATION TO THE COMMISSION This motion is filed by the Power Authority of the State of New York, licensee of Indian Point Unit 3. The licensee moves for a directed certification pursuant to 10 C.F.R. S 2.718(i) (1981) of the issues raised in the Licensees' Motion for a Stay of Commission's Orders of j January 8, 1981 and September 18, 1981 or for Dismissal of This Proceeding or, in the Alternative, for Certification to the Commission (Nov. 26, 1981) (Motion).

The licensee submits that the Nuclear Regulatory l

I Commission (Commission) should direct certification of the issues raised in the Motion based on the following grounds pS01ll so 82 0 4 280sS'l

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i which are more fully set forth in the licensee's supporting Memorandum of Law which is incorporated herein by reference:

(1) the requirements for directed certification have been satisfied and (2) the Atomic Safety and Licensing Board incorrectly concluded that it does not have jurisdiction to stay this proceeding.

WHEREFORE, the Licensee's Motion for Directed Certification of Motion for a Stay of Commission's Orders of January 8, 1981 and September 18, 1981 or for Dismissal of this Proceeding or, in the Alternative, for Certification to 2

4 the Commission should be granted. ,

Respectfully submitted, f

Charles Morgan, Jr f* /

Paul F. Colarulli Joseph J. Levin, Jr.

MORGAN ASSOCIATES, CHARTERED 1899 L Street, N.W.

Washington, D.C. 20036 (202) 466-7000 Thomas R. Frey General Counsel Charles M. Pratt Assistant General Counsel POWER AUTHORITY OF THE STATE OF NEW YORK Licensee of Indian Point Unit 3 10 Columbus Circle New York, New York 10019 (212)-397-6200 Bernard D. Fischman Michael Curley Richard F. Czaja David H. Pikus SHEA & GOULD 330 Madison Avenue New York, New York 10017 (212) 370-8000 Dated: April 20, 1982

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