ML20039G053

Response to NRC 811221 Reply to Westchester People'S Action Coalition,Inc 811210 Amended Petition to Intervene.Two Members Have Authorized Organization to Represent Interests in Proceeding.Certificate of Svc Encl

ML20039G053
Person / Time
Site:	Indian Point
Issue date:	01/06/1982
From:	Scheiner C WESTCHESTER PEOPLES ACTION COALITION, INC.
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-SP, NUDOCS 8201150233
Download: ML20039G053 (7)

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. . . UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION NC P En ATOMIC SAFETY AND LICENSING BOARD UW^

Before Administrative Judges:

Louis J. Carter, Chairman '82 JM111 E1161 Mr. Frederick J. Siion Dr. Oscar H. Paris g7 _

imi In the Matter of  !

Consolidated Edison Company of  ! Docket Numbers 50-2475P New York (Indian Point Unit 2)  !50-286SP ,

Power Authority of the State of  ! January 6, 1982 New York (Indian Point Unit 3)  !  :

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WESPAC'S RESPONSE TO NRC STAFF RES ,

g TO WESPAC'S AMENDMENT TO QUr \

PETITION FOR LEAVE TG INTER O '

RECElygg 4 INTRODUCTION "\- c II982 A - I

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On November 5,1981, the Westchester People's t' 1 on, Inc. ,

I (WESPAC), on behalf of itself and its members, filed a Petition for Leave i to Intervene in the above-captioned proceeding. The petition was received by the Atomic Safety and Licensing Board and distributed to all [

l parties in a timely fashion. On December 10, WESPAC filed a " Supplement  !

I to Petition for Leave to Intervene", which was accompanied by an l affidavit signed by myself (Charles Scheir.er) and a wtice of appearance by our volunteer counsel in this proceeding, Alan Latman, Esq. ~

On Deceanber 21, the NRC Staff filed a " Response of the NRC Staff to l the Amendments to Petitions of ... WESPAC for Leave to Intervene..."

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l Staff recommended that WESPAC not be allowed to intervene in this pro- '

ceeding. While we realize. that we have not been asked to respond to l

Staff's response, we feel that the Staff document has misinterpreted the 8201150233 820106 pSO gy(f PDR ADOCK 05000 G

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, , record of this case and wish to clarify that record. The instant docu-ment does not constitute an additional amendment to our Petition for Leave to intervene, but simply points out the information, already in the record of this case, which nullifies the deficiencies Staff alleges remain regarding WESPAC's intervention.

DISCUSSION -

In the Staff Response (at 12), it is stated that "WESPAC's Petition, as a,nended, is still deficient in that there is no concrete indication that least one member of the organization whose interest might be affec-ted by the outcome of the proceeding has authorized WESPAC to represent him or her." In fact, such demonstration has been made 'for at least two such members (in addition to my affidavit that the four families named in our original petition have given such authorization):

1. -I, as a member and officer of WESPAC.Tas well as a resident =cf White Plains (15 miles from Indian Point), have clearly given my authorization to WESPAC to represent ny interests in this proceeding. According to i

Staff, this alone is enough: 1 The Staff notes that the Appeal Board has stated regard- {

ing satisfaction of standing requirements by an organiza- i tion that it is "enough for standing purposes that the i petition had been signed by a ranking official of the organization who himself had the requisite personal .

interest to support an intervention petition." l Duke Power Co. -(Amendment to Materials Licensa SNM-1773 -

i Transportation of Spent Fuel From Oconee Nuclear Station for Stora e at McGuire Nuclear Station), ALAB-528, 9 NRC, 146, 151 1979). 1/

1/ NRC Staff Response to the Amendment to the Petition for Leave to Intervene of Friends of the Earth, instant case, 12/15/81, footnote 3 on page 4.

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2. Our volunteer attorney, Alan Latman, is a member of WESPAC who was

, named in our original Petition for Leave to Intervene. Both his standing l

l and his authorization are already on record, having been discussed at the Pre-Hearing Conference, as follows:

Mr. Latman: ,

"My name is Alan Latman, and I will address myself I

briefly to that (the question of WESPAC's standing). Two members who authorized WESPAC to file the petition on their behalf are in the room, namely Mr. Scheiner, who lives in White Plains, and myself. I live in Croton-on-Hudson. To the extent that written confirmation is +

needed, Mr. Scheiner did sign the petition, and that, I think, raflects his authorization. He signed as co-chairperson, which I think in any reasonable interpreta-tion could bespeak the basis for his appearing. Finally,  ;

I signed the contentions, so that is in writing, also. j "I must say with all due respect that the attention i paid to this aspect at this point is certainly greater than any I have seen in any judicial proceeding or any other administrative proceeding. ._I ... would urge the Board,sif at -all possible,_to proceedoen the meritsras r expeditiously as possible." 2]

In addition, Mr. Latman filed a Notice of Appearance on behalf of WESPAC in this case on December Id, further substantiating his authoriza- ,

j . tion of WESPAC to represent his interests in the proceeding.

In its Response, Staff indicated that the Board should not exercise l l

its discretion to allow WESPAC to intervene in the absence of meeting the 1

judicial standing requirements because WESPAC has not " demonstrated that it could make a valuable contribution to the record in the proceeding (Staff Respnnse footnote 10, at page 13). Staff had not, apparently, read WESPAC's contentions (filed 19 days earlier) at that time. Since

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-2/ Transcript of Prehearing Conference held at Croton-on-Hudson, NY on December 2, 1981. Page 41, beginning at line 19. -

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then, Staff has . read them and recomended that five of .our six conten-tions, incorporating sixteen of our cite'd bases, should be admitted into this proceeding (NRC Staff Response to Contentions of 10 CFR 2.714 Peti-tieners, 12/31/81, pages 37-39). Staff apparently forgot that they had not recomended our acceptance as a party, stating "The Staff Concludes that WESPAC should be admitted with respect to those aspects of its contentions specified in Section VIII.A. above." (Ibid, page 39).

Even Consolidated Edison has deigned to allow that WESPAC has useful issues to raise in this proceeding. In their " Memorandum Respecting Contentions Proposed by Prospective Intervenors," filed December 31, 1981, con Ed acknowledged that at least nine of WESPAC's bases "might form the basis for a proper contention..." (pages 38-49).

9 CONCLUSIONS WESPAC feels-- that the record clearly-demonstrates-that our ~ standing and authorization meet the requirements of the NRC regulations, and that those requirements were met prior to the December 10 date for amendments l

to contentions. While WESPAC does not accept the arginents of Staff or ,

l Con Ed that some parts of our contentions are not acceptable, the accep-r tance by both these parties of a substantial portion of our initial filing is clear indication that WESPAC will contribute substantially to the record and the facts that the Commission has ordered this Board to investigate. Let's get on with it.

Respe tfully submitted,

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(d - ~_

Charles A. Scheiner Co-chairperson, WESPAC Westchester People's Action Coalition, Inc.

P.O. Box 488 White PlainsrNew York-10602 914/682-0488

. ,', UNITED STATES OF AMERICA NUCLEAR REGULATORY . COMMISSION ATOMIC SAFE 1Y AND LICENSING BOARD i

Before Administrative Judges:

Louis J. Carter, Chairman Mr. Frederick J. Shon Dr. Oscar H. Paris In the Matter of  !

, Consolidated Edison Company of  ! Docket Number 50-2475P New York (Indian Point Unit 2)  ! Docket Number 50-286SP Power Authority of the State of  ! January 7, 1982 t

New York (Indian Point Unit 3)  !

CERTIFICATE OF SERVICE I hereby certify that copies of "WESPAC'S RESPONSE TO NRC STAFF RESPONSE TO WESPAC'S AMENDMENT TO OUR PETITION FOR LEAVE TO INTERVENE" in the above-captioned proceeding have been served on January 7, 1982 by first class mail, postage prepaid, on the following:

Louis J. Carter, Esqn Chairinan ~ Paul F. Colarulli, Esq.

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

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

U.S. Nuclear Regulatory Comnission Charles Morgan, Jr., Esq.

I Washington, D. C. 20555 Morgan Associated, Chartered l 1899-L- Street,-N,.W.

l Dr. Oscar H. Paris Washington..D. C. 20036 -

1 Administrat.iveLJudge_ -

Atomic-Safetyland Licensing _ Board" ' . Charles M,2Pratt,A. ~ .

U.S. Jiuclear Regulatory Comission .

Thomas it. Frey, Esq. -

Washington, D. C. 20555 Power Authority of the State of New York Mr. Frederick J. Shon 10 Columbus Circle Administrative Judge New York, N.Y. 10019 Atomic Safety and Licensing Board U.S. . Nuclear Regulatcry.Comission Ellyn R. Weis? Esq.

Washington, D. C. 20555 William S. Jordan III. Esq.

Hannon & Weiss Brent L. Brandenburg, Esq. 1725 I Street, N.W., Suite 505 Assistant General Counsel Washington, D. C. 20006 Consolidated Edison Co.

of New York; Inc. Joan Holt, Project Director 4 Irving Place' Indian Point Project New York, N.Y. 10003 New York Public Interest .

Research Group 5 Beekman Street New York, N.Y. 10038

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- _2-John Gilroy Westchester Coordinator Honorable Ruth Messinger Indian Point Project New York Public Interest Member of the Council of the Research Group City of New York 240 Central Avenue District #4 City Hall White Plains, New York 10506 New York, New York 10007 Jeffrey M. Blum, Esq.

New York University Law School 423 Vanderbuilt Hall Pat Posner, Spokesperson 40 Washington Square South Parents Concerned About New York,' N.Y. 10012 Indian Point ,

P. O. Box 125 .

Charles J. Maikish, Esq. Croton-on-Hudson, NY IO520 -

Litigation Division 4

The Port Authority of Marc L. Parris, Esq.

' New York and New Jersey County Attorney County of Rockland One World Trade Center 11 New Hempstead Road New York, N.Y. 10048

• L New City, NY 10956

', Ezra I. 81alik, Esq. f Steve Leipsiz, Esq. Geoffrey Cobb Ryan Environmental Protection Bureau Conservation Consnittee New York State Attorney Chairman, Director i General's Office New York City Audubon Society Two World Trade Center 71 West 23rd Street, Suite 1828 New York, N.Y. 10047 New York, NY 10010 Alfred B:-Del Bello GreaterEMew JorlECouncil_

Westchester County Executive on Energy.

Westchester Cour.ty e/o Dean R. Corren Director i 148 Martine Avenue New York University New York, N.Y. 10601 26 Stuyvesant Street New York, NY 10003  ;

Andrew-S.-Roffe; t g.'

New Yorld Sta,te Assembly Atomic Safety and Licensing s

Albany, N.Y. 12248 Board Panel '

U.S. Nuclear Regulatory Commission i

t Renee Schwartz, Esq.

Botein, Hays, Sklar & HerzberE

! Attorneys for Metropolitan Atomic Safety and Licensing Transportation Authority Appeal Board Panel 200 Park Avenue U.S. Nuclear Regulatory Consnission l New York, N.Y. 10166 Washington, D. C. 20555 Stanley B. Klimberg Docketing and Service Section General Counsel Office of the Secretary New York State. Energy Office U.S. Nuclear Regulatory Consnission ,

2 Rockefeller State Plaza Washington, D. C. 20555 Albany, New York 12223 Maycr George V. Begany Village of Buchanan .

236' Tate Avenue Buchanan, N.Y. 10511

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Judith Kessler, Coordinator '

Rockland Citizens for Safe Energy 300 New Hempstead Road New City, New York 10956 Alan Latman, Esquire 44 Sunset Drive .

Croton-on-Hudson, NY 10520 ,

Janice Moore, Esq.

Office i)f the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Lorna Salzman 1 Mid-Atlantic Representative, Friends of the Earth '

208 West 13th Street New York, New York 10011 - l, Zipporah S. Fleisher West Branch Conservation Ansn.

443 Buean Vista Road New 41ty , -New-York-10956_ - ,

Charles I, Scheiner, Co-chairperson

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