ML20080N742

Notifies of Willingness to Consent to Applicant Motion to Dismiss Contention IV Re Environ Impacts from Operation of Cooling Tower.Motion for Protective Order Forbidding Deposition of Rodriguez Will Be Filed.W/Certificate of Svc

ML20080N742
Person / Time
Site:	Hope Creek
Issue date:	02/16/1984
From:	Potter R NEW JERSEY, STATE OF
To:	Mark Miller, Morris P Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8402220333
Download: ML20080N742 (3)

Text

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C= tate of Netu 3ferarU '84 FEB 21 R2:26 DEPARTMENT OF THE PUBLIC ADVOCATE __

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• TRENTON. NEW JERSEY 00625 dJUk

n A ne,I b ' h 3 R. WILUAM POTTER JOSEPH H. RODRIGUEZ ASSISTANT COMMi$$10NER PUBUC ADv0CATE- February 16, 1984 TEt. so..,uaois E

Marshal E. Miller, Esq. Dr. Peter A. Morris Chairman Atomic Safety and .

Atomic Safety cnd Licensing Licensing Board Panel Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 I

In the Matter of Public Service Electric and Gas Company (Hope Creek Generating Station)

Docket No. 50-354

Dear Gentlemen:

The purpose of this letter is to inform the Board of two recent and still pending developments.

First, the Public Advocate of the State of New Jersey

("Public Advocate") is prepared to consent to the appli.-

cant's motion to dismiss Contention IV relating to the environmental impacts from the operation of the Hope Creek cooling tower.* In a recent conference call the Public Advocate so informed all the parties. The reasons for this consent -- which may take the form of a motion -- will be more fully set forth in a memorandum to be filed with the Board and parties the first of next week. (Due to some of the unfortunate statements in the applicant's motion to dis-miss it is imperative to respond to these matters as well.)

• We are awa:ce, of course, that once the Board has accepted a contention it may not be dismissed by consent with the parties -- due to the Board's independent duty to determine whether the facility should be licensed.

8402220333 840216

( P[ ^*** **DU New Jersey is An Equal Opportunity Employer ,

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i Second, the Public Advocate will also file a motion h for a protective order forbidding the applicant from pro-  ;

ceeding with its attempted deposition of the Honorable j" Joseph H. Rodriguez, the Public Advocate. Applicant's 3

counsel is well aware that high government officials are 0

privileged from mandatory testimony, absent a clear showing of some compelling necessity, which is not even alleged.

The motion will also set forth other reasons for denying the requested deposition and/or quashing the subpoena, should one be sought.

Very truly ours,

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R. William Potter Assistant Commissioner, Public Advocate i

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '84 FEB 21 Pl2:26 Before the Atomic Safety and Licensing @oard: 3.,., ,

uvun c. @RANCHG & SUV Public Service Electric and  :

Gas Company  :

, Docket No. 50-354 - OL (Hopa Creek Generating Station)  : '

SERVICE LIST ,

Th9 Honorable Marshall E. Miller. Docketing and Service Section  :

Ch i man Office of the Secretary Safety and-Licensing U.S. Nuclear Regulatory Commission Board Panel Washington, DC 20555 U.S. Nuclear Regulatory Commission

'Wnghington, DC 20555 Lee Scott Dewey, Esq. i (2 copies)- Office of the Executive Legal Director '

U.S. Nuclear Regulatory Commission Dr. Peter A. Morris Washington, DC 20555

. Atomic Safety and Licensing (2 copies) jU.S Nucl ar Regulatory Commission RcadF' g e Ge eral Coun e 4

- Wachington, DC 20555 Public Service Electric & Gas Co.

Dr. James H. Carpenter PO Box 570 (T5E)

+ Atomic Safety and Licensing Newark, NJ 07101

. Board Panel Director, Division of U.S. Nuclear Regulatory Commission Environmental Control EWaghington, IK: 20555 Tatnell Building Dover, Delaware 19901 Theodore C. Granger, Esq.

i DIputy Public Advocate Troy B. Conner, Jr., Esq.

D pt. of'the Public Advocate Conner and Wetterhan

Divicion of Rate Counsel 1747 Pennsylvania Avenue, NW r '744 Broad Street - 29th and Washington, DC 20006 30th floors (2 copies)

Newark, NJ 07102 Honorable Irwin R. Kimmelman Atomic Safety and Licensing Attorney General l Board Panel State of New Jersey  !

U.S. Nuclear Regulatory Commission Richard J. Hughes Justice Complex Washington, DC 20555 25 Market Street Trenton, NJ 08625

-Atomic-Safety and Licensing Appeal Panel l 4

.U.S. Nuclear Regulatory Commission Wachington,-DC 20555 (5 copies)

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