_- _ _ . __ _ _ _ _ - _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ . _ - _

6 A *

.

.

,

~

UNITED STATES OF AMERICA -- ,- ye> i ? - NUCLEAR REGULATORY COMMISSION T.'

s- gATOMIC SAFETY AND LICENSING BOARD

'I ~~' 11 P2:37.;ciED 3i-

Administrative Judges: /,AA,

f, - r

5 DEC17193* Cy. g.gw,scts -4 Louis 3. Carter, Chairman

wasa ecs u Dr. Oscar H. Paris* Frederick 3. Shonj g

%*N

In t. e . atter of

CONSOLIDATED EDISON COMPANY OF NEW YORK Docket Nos. 50-247-SP(Indian Point, Unit 2) 50-236-SP

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

December 3,1931

AMENDED PETITION TO INTERVENE

Pursuant to Nuclear Regulatory Commission Memorandum and Order dated Octo-

ber.1,1981, the New York State Assembly and the Special Committee on Nuclear Power

Safety thereof, respectfully request leave to intervene in the above entitled action for the

reasons as set forth as follows:

1. The New York State Assembly is one house of a separate and co-equal branch -

of the government of the State of New York. Stanley Fink is the Speaker of the New

York State Assembly, duly elected by the full membership of the body. The Special

Committee on Nuclear Power Safety, duly appointed and chaired by the Speaker of the

Assembly pursuant to sections 1.c.(1) and 1.h., Rules of the Assembly, has jurisdiction to

coordinate, investigate and other vise carry out the affairs of the Assembly in all matters

relating to commercial nuclear power generation in New York State. The New Yor'. State

Assembly and the Special Committee on Nuclear Power Safety have a substantial interest

in the subject matter of this proceecing pursuant to 10 CFR Section 2.713(c).

so i8112180458 811200 l

PDR ADOCK 05000247G PDR-

___...__...____J

- .

. 4 .

,

.

UNITED STATES OF AMERICA r...,-- 3' 'NUCLEAR REGULATORY COMMISSION

ATOMIC SAFETY AND LICENSING BOARD ",' it' 1/. P2:37Administrative Judges: @

Louis 3. Carter, Chairman"

Dr. Oscar H. ParisFrederick J. Shon

In the Matter of

CONSOLIDATED EDISON COMPANY OF NEW YORK Docket Nos. 50-247-SP(Indian Point, Unit 2) 50-236-SP

POWER AUTHORITY OF THE STATE OF NEW YORK.

(Indian Point, Unit 3)

December 3,1931

AFFADAVIT OF STANLEY FINKSPEAKER, NEW YORK STATE ASSEMBLY

STANLEY FINK being duly sworn deposes and says.

1. I have been duly elected Speaker of the Assembly of the State of New York by

the full membership of that body.

2. Pursuant to the Rules of the Assembly, Sections 1.c.(1), I have the power and

the duty to appoint ". . . the chairmen and members of all committees . . ." of the

Assembly and pursuant to the Rules of the Assembly, Section 1.h., I have the power and-

the duty to ". . . appoint such other officers as (I] detin necessary to conduct the affairs;

of the Assembly."

3. I appointed the members and designated myself as chair of the Special

Committee on Nuclear Power Safety, which has Assembly jurisdiction to coordinate,

investigate and otherwise carry out the affairs of the Assembly in all matters relating to

commercial nuclear power generation in New York State.

4 I have designated the following individuals to represent the Special Committee

and the Assembly in the above entitled proceeding:

- - . . . - -.. .. .- .. .

. .,

.

2. The subject matter before the Ccmmission as specified in the Commission

Memoranda and orders dated January 3,1931 (CLI 31-1,13 NRC 1) and September 13,

1931 (CLI 31-2214 NRC), namely the safety of the Indian Point #2 and #3 nuclear power

plants, has a direct impact on the health, welfare and safety of the citizens of New York

State whom the members of the New York State Assembly are duly elected to represent

'and protect.

3. The New York State Assembly shares the state responsibility for emergency

planning and the funding for such planning, as exemplified by the recent enactment of the

Radiologic Emergency Preparedness Act of 1981 (Chapter 708, Laws of New York). That

planning process is an ongoing one, and one in which the New York State Assembly must

continue to play a crucial role on behalf of the citizens of the State of New York.

4. The New York State Assembly Special Committee on Nuclear Power Safety

has, since its formation in May of 1979 and on behalf of the Assembly, has conducted

inquiries into issues of nuclear power safety including: reactor safety, emergency

preparedness, the health effects of human exposure to low-level radiation, the economics

of nuclear power, and more specifically, the October 1980 accident at the Indian Point

nuclear power plant.

3. As an appointee to President Carter's State Planning Council on Radioactive

Waste Management, the Speaker has been closely involved in seeking solutions to the still

unresolved problems of the safe, long-term disposal of both high-level and low-level

radioactive wastes. In New York State, nuclear power plants are the largest generators of

both high-level and low-level radioactive wastes.

Therefore, the New York State Assembly and the Special Committee on Nuclear

Power Safety thereof respectfully request leave to intervene in the above entitled action

to be afforded a reasonable opportunity to participate therein pursuant to 10 C.F.R.

2.715(c).

t

-2-

i

* 4

.

Copies of all notices, documents and communications in this proceeding should be

sent to the following:

Andrew S. Roffe, Esq.Executive Counsel to the SpeakerNew York State AssemblyState Capitol, Room 347-Albany, New York 12248

Richard E. Leckerling, Esq.Senior Associate Counsel to the SpeakerNew York State AssemblyLOB, Room 342Albany, New York 12248

Robert A. KurtterStaff DirectorSpecial Committee on Nuclear Power SafetyNew York State AssemblyAlbany, New York 12248

Mr. Roffe is admitted to the Bar in the State of New York. Mr. Leckerling is

admitted to the Bar in the State of New York.

,

.-M. /*'AANDREW S. ROFFE,

Executive Counsel to the Speakerfor:

STANLEY FINK, SpeakerNew York State Assembly

,

Chair, Assembly SpecialCommittee on Nuclear

Power Safety

| .

I!

-3-

__ - . . _ __. __ ,. . -__ - _, _ . - _ _ -- ...-

.

.. .

.

,

1

Andrew S. Roffe, Esq.Executive Counsel to the SpeakerNew York State Assembly

' State Capitol, Room 347Albany, New York 12248

Richard E. Leckerling, Esq.Senior Associate Counsel to the SpeakerNew York State AssemblyLOB, Room 842Albany, New York 12248

Robert A. Kurtter |

Staff Director {

Special ComrrJttee on Nuclear Power Safety |New York State AssemblyAlbany, New York 12248 / / ( .<.

'ej

- i

* f, / |r y ?*.', .

STANLEY FINK, SpeakerNew York State AssemblyChair, Assembly Special |Committee on Nuclear |

Power Safety |

Subscribed to and sworn before me this .-

" '-% day of O c . ,19 i !.

\*\ ' s h' o u : __.' Notary Publicy i

Registration N' umber . . ! 'e 'MExpiration Date ^ '

--

\-

.

l

.

-2-

.

. .,

.

'

UNITED STATES OF AMERICA ....,---

NUCLEAR REGULATORY COMMISSION -F~'

ATOMIC SAFETY AND LICENSING BOARD'3; T 14 P2:2

Administrative Judges:.

Louis 3. Carter, ChairmanDr. Oscar H. ParisFrederick 3. Shon

In the Matter of

CONSOLIDATED EDISON COMPANY OF NEW YORK Docket Nos. 50-247-SP(Indian Point, Unit 2): 50-236-SP

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

December 3,1981

NOTICE OF APPEARANCEt'

Notice is hereby given pursuant to 10 CFR Section 2.713(b) that the undersigned,

ANDREW S. ROFFE and RICHARD E. LECKERLING, will appear in this matter for the -

New York State Assembly and the Special Committee on Nuclear Power 5afety, thereof,

Capitol, Albany, New York 12248. Mr. Roffe and Mr. Leckerling are me.mbers in good'

standing of the Bar of the State'of New York.

. . _; Q=- .

ANDREW S. ROFFE,r

' Executive Counsei to the Speaker'

Counsel to the Special Committeeon Nuclear Power SafetyNew York State AssemblyState Capitol, Room 347Albany, New York 12243

*

. _ . - . ..-

RICHARD E. LECKERLINGSenior Associate Counsel to the Speaker

Counsel to the Special Committeeon Nuclear Power SafetyNew York State Assembly

LOB, Room 342Albany, New York 12248

. - - - . _ - - _ _ . .,. - . _ _ _ _ _ . _ .._ _, _ . _ . - - _ , _ - _ . . ,.__ _ ~ , ._, --