ML20147B777
| ML20147B777 | |
| Person / Time | |
|---|---|
| Site: | Green County  |
| Issue date: | 11/22/1978 |
| From: | Kafin R CITIZENS TO PRESERVE THE HUDSON VALLEY |
| To: | |
| References | |
| NUDOCS 7812180052 | |
| Download: ML20147B777 (7) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION b
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BEFORE THE ATOMIC SAFETY AND LICENSING BOA 3
In the Matter of
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POWER AUTHORITY OF THE STATE
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Docket No. 50-549 OF NEW YORK
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(Greene County Nuclear Power
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Plant)
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XXXXX STATF OF NEW YORK DEPARTMENT OF PUBLIC SERVICE BOARD ON ELECTRIC GENERATION SITING AND THE ENVIRONMENT In the Matter of the Applica- )
tion of the
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POWER AUTHORITY OF THE STATE
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OF NEW YORK
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Case 80006
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i (Greene County Nuclear Power
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Plant)
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i MOTION TO COMPEL PRODUCTION OF DOCUMENTS FROM APPLICANT This motion is made to the ASLB and the Siting Bond's Presiding Examiner on behalf of Citizens to Preserve the Hudson Valley, Columbia County Survival Committee and Mid-Hudson Nuclear Opponents for an Order compelling the applicant 781218005L
s Power Authority of the State of New York to produce the counterparts to Exhibits J138A and J138B for the years 1987, 1988, 1990~, 1991,~1992 and 1993.
THE ISSUE INVOLVED During the Applicant's direct case it became apparent that almost its' entire alleged justification for the "need" for i
the GCNPP, and the only basis on which the GCNPP would j
arguably conform to long range planning objectives, was an economic analysis showing allegad monetary savings if nuclear i
t power from the GCNPP was used in substitution for power t
from fossil fuel sources.
The bare conclusions of this analysis were contained in Exhibit J137.
As the back-up for Exhibit J137, the Applicant, almost.at the very end of its direct case, introduced Exhibits J138A and J138B.
Unfortunately, while Exhibit J137 purports to show conclusions for the years 1987-1993, Exhibits J138A and J138B only show the basis for 1989.
Without similar materials for j
the other years, it is impossible to verify the conclusions which represent the Applicant's entire case on the key issue of'"need" and "conformance".
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t THE DOCUMENTS EXIST Unless the. Applicant fabricated Exhibit J137 from whole cloth, the counterparts to Exhibits J138A and J138B for the years other than 1989 are in existence, since Exhibit J137 purports to be a summary of the conclusions reached on the basis of such'information.
Of course, if Exhibit J137.for those other years was created without reference to any underlying data, then it should be stricken as a fictional and unsubstantiated statement of opinion.
If the underlying exists, then it should be produced.
THE PURPOSE OF PRODUCTION The reason for this motion, and the justification for making it at this time is that CPHV, CCSC and MHNO are trying in good faith: timely to prepare on direct case.
The c istinguished consultants they have retained for this purpose
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advise that the materials being requested are essentiel (see attached exchange of correspondence between the consultants and the Applicant).
It wasn't until the end of.the Applicant's direct case that Exhibits J138A and J138B appeared on the scene.
- Thus, discovery with respect to them during the prior discovery period.was: impossible.- As the attached correspondence shows,
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D we have been trying informally to obtain this information for J
many months in an effort that started relatively.soon after its significance was disclosed in PASNY's direct case.
Prompt production of the data requested at this time will prejudice no one.
In fact, it should expedite.the case by providing the consultants with relevant, material information necessary for the timely completion of intervenors' direct case.
Since'the Applicant,. mulishly, has refused voluntarily to produce the vital information requested, it has become necessary to make this motion.
RELIEF REQUESTED PASNY should be ordered to produce the counterparts i
to Exhibit J138A and J138B for the years 1987, 1988, 1990, 1991, 1992 and 1993.
In the alternative, Exhibit J137, except for the portion relating to 1889 should be stricken.
November O L, 1978 Respectfully submitted, M UV ROBERT J.
KAFIN, ESQ.
Attorney for Citizens to Preserve the Hudson Valley, Columbia County Survival Committee and Mid-Hudson Nuclear Opponents j
OFFICE & P.O. ADDRESS 11 Chester St.,
P.O. Box 765 Glens Falls, New York 12801 Tel. ( 518) 79 3-6611
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' Energy Systems Research Group, Inc.
120 Milk Street. Boston, Massachusetts 02109 (617) 426-5844 l
j September 18, 1978 Mr. H. Kenneth 11aase Power Authority of the State of New York '
10 Columbus. Circle New York, New. York 10019'
Dear Mr. Haase:
As you.are aware, from our telephone conversation of a few weeks ago,.we at Energy Systems Research Group, Inc., are involved in an independent investigation of
- the costs and benefits associated with the addition of the proposed Greene County Nuclear Power. Plant to' the New York Power Pool System.
We are performihg this analysis for a group of citizens' associations 1n their participation in the proceedings in Case No. 80006 before the New York State Public Service O.amission.
'In your own investigation, you address the questions of cash flow tradeof fs between total generation costs with and without the Greene County Plant, under optimized dispatch for both cases.
Thus, the results, presented in your Exhibit J 137 Attachments, include the system-wide production cos's (annual fuel and O&M) with t
and without the plant and measure the. savings against the plant annualized capital costs for the years 1987-1993.
Each of the yearly figures in columns 1 through 7 of Exhibit J 137. Attachment I is based on running a complex dispatch optimization' compnter program provided.for j
P. A.S.N.Y. by General Electric Company.
In order to have a complete record of the i
basis for the very important cost tradeof f figures appearing in Exhibit J 137, we I
would require the output of the dispatch optimization program for each of the years
.for which production cost figures are given in Attachment J; ' that is,1987 through
.j 1993..Unfortunately, we have at'present'only the output for 1989,(J 138 A and j
J 138B). As you know, this is insufficient for;a full analysis of the number in J 137.
I.am, therefore, making an ' informal request for the output of the dispatch programs the' counterparts to J 138A and B for 1989) for the years 1987, 1988, 1990, L
.(i.e.,
1991, 1992 and 1993.
Similarly, the 1987 to 1993 yearly output (A and B' cases) i corresponding to the " revised"' Attachment I (target dates plus 10.2 Billion KWhrs 1
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. from Hyro Quebec Case 8/10/78), would be required to fully analyze those cost j
tradeoff. numbers.
. Fortunately, computer output of this ' kind is readily produced so I trust that this request will not be burdensome l to you.
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Sincerely, Stephen S. Bernow Vice President SSB:bms Boston Rochester Albany
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POWER AUTHORITY.OF THE STATE OF NEW YORK 10 CoLUMOUs CIRCLE Ncw YoaK. N. Y 10019 (212) 397 6200 GEORGE T. DERRY T R USTE E S ANO CHIEF ENGINE E R FREDERICK R. CL ARK LEWIS R, B E N N ETT uggg g,.ogggnag GEORGE L. LNG ALLS COUNSEL VIC E C H AlaM A N WIL D U R GRONDE RICH ARD M. FLYNN M AN A GE R.E NOINE E RING ROBERT t. MILLONZl g7g DI R E CTO R OF POWE R OPE R ATIONS THOMA CR AN N. JR.
Mr. Stephen S.
Bernow Vice President Energy Systems Research Group, Inc.
120 Milk Street Boston, Massachusetts 02109 Re:
Greene County Nuclear Power Plant
Dear Mr. Bernow:
Your letter of September 18, 1978 to H.
Kenneth Haase requesting production of certain documents by the Authority has been referred to me.
During'the course of the licensing the hearing hearings concerning the Authority's applications, This boards set certain periods for discovery proceedings.
discovery schedule has permitted the parties to obtain documents from the Authority and then to resolve questions about'the documents during the hearings.
The time for discovery and the opportunity for an orderly resolution of questions raised by discovery have long since expired with respect to discovery requests directed to the Authority.
The licensing proceedings for the Greene County plant are Several citizens' associations and highly adversarial in nature.
the New York State Department of Environmental Conservation are actively opposing aspects of the Authority's proposal
("DEC")
to build the Greene County plant.
As we understand Energy Systems to be employed by both the DEC and citizens groups that oppose the plant's construction we cannot agree with you that Energy Systems is involved in an independent investigation of the costs and benefits associated with the proposed plant.
In view of the adversarial nature of these licensing proceedings, your role as consultant for opponents to construction not to mention of the plant and the tardiness of your requests, the possible burdensomeness and cost of complying with your requests,
- we'do not think it appropriate to produce the documents.
Ve y,truly yours a
4 s
Charles'M. Prattk Senior Attorney ko'b
.cc: H..Kenneth Haase
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,'I hereby mailed a copy of %he'foregoingTto the following on November 22, 1978:
- '. Andrew C.
Goodhope, Esq.
Albert K. Butzel, Esq.
'Chhfrman, Atomic Safety &
Butzel &~Kass Licensing Board 45 Rockefeller Plaza 3320 Estelle Terrace.
Wheaton,. Maryland 20906 Dr. Richard F.
Cole Mr. John Nickolitch e
l Atomic Safety and Cementon Civic Association I
Licensing Board 70 Short Street U.S.
Nuclear Regulatory Cementon, New York 12415 Commission
<l Washington, D.C.
20555 Dr. George A.
Ferguson-Edward R.
Patrick, Esq.
Professor of Nuclear
- New York State Dept. of I
Engineering Environmental Conservation Howard University 50 Wolf Road Washington, D.C.
20555 Albany, New York 12233 3
i Honorable Donald Carson Mrs. Loretta Simon Associate Hearing Examiner Greene County Planning i
Department of Environmental Director
. Conservation Box 514 50 Wolf Road Cairo, New York 12413 l
- Albany, N.Y.
12223 Stephen H.
Lewis, Esq.
Mr.
H. Lee Davis U.S.
Nuclear Regulatory Catskill Teachers Assoc.
l Commission-Office of the West Main Street
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Exegutive Legal Director Catskill, New York 12414 Washington, D.C.
20555 Arthur R.
Reuter, Esq.
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- k. R
'J be &
C Attorney at Law Kayser Sharpe's Landing 10 East 40th Street Germantown, New York 12526 New York, New York 10016
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Mr. Peter'D..G. Brown Docketing and Service
.Mid-Hudson Nuclear Opponents Section P.O. Box 666 Office of the Secretary New Paltz, New York 12561 U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Lewis R.
Bennett, Esq.
Hon. Edward D. Cohen, l
Power Authority of the Presiding Examiner State of New York Public Service Commission i
10 Columbus Circle Empire State, Plaza New York, New York 10019 Agency Building l
Albany, New York 12223 t
Algird F. White, Jr.,
Esq.
Columbia County Survival l
DeGraff, Foy, Conway and Committee Holt-Harris P.O.
Box 27 l
90 State Street Germantown New York 12526 l
Albany, New York 12207 Nancy Spiegel, Esq.
/. !/ -
Jh d6(/
Public Service Commission Nelly.Bigglow Empire State Plaza
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Albany, New York 12233 Sworn to before me this h
d da of%ovember, 1978 l
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<d>A Notary Publ'id: - Comm. Exp. 3/ 30//q j
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