ML19209A986

Answer in Opposition to Applicant Renewed Motion for Summary Disposition of DB Fankhauser Contention 5 Re Transportation Accidents.Applicant Failed to Demonstrate That Transportation Plans Have Been Made.W/Proof of Svc

ML19209A986
Person / Time
Site:	Zimmer
Issue date:	08/01/1979
From:	Woliver J FRANKHAUSER, D.D., WOLIVER, J.D.
To:
References
NUDOCS 7910050743
Download: ML19209A986 (3)

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NUCLEAR REGULATORY COMMISSION c.

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The Cincinnati Gas & Electric Company, et al. ) Docket No.50-35S

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(Wm. H.

Zimmer Nuclear Station) )

INTERVENOR FANKHAUSER'S ANSWER TO APPLICANTS' RENE*aED MOTION FOR

SUMMARY

DISPOSITION OR, IN THE ALTERNATIVE, FOR CERTIFICATION This answer is in. response to App]icants' Renewed Motion for Summary Disposition with respect to Conten:lon 5 of Dr. '

David 3. Fankhauser.

This contention states as follows:

There are no plans to provide knowledge and training of the populace in Communities through which radioactive materials will be transported sufficient to allow them to be able to cope with transportation accidents.

On June 15, 1979, the Commission published an interim final rule to become effective July 16. See, 44 Fed. Reg. 34466(June 15, 1979).

This rule required Applicant to make plans for the routing of the spent fuel. Applicant, at that time, had not made any transportation plans for the spent fuel and as it has admitted in its renewed motion, still has not mafe such plans.

Applicants' Renawed Motion for Summary Disposition should be deniad duc to its concomplianca with this new rule.

One of the main reasons behind the Commission's enacting this rula was its concern with the threat of sabotage. Contention 5 also encompasses :his concern.

This contantion is not limi:ed to jus: one type of ::ansportation accident. Dr. Fankhauser 1128 022 D

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made.

Respectfully submitted, 6

John Woliver Legal Aid Society Actorney for David Fankhauser P.O. Box 47 Batavia, Ohio 45103 732-2422 CEPTIFICATE OF SERVICE' I hereby certify that a true copy of the foregoing Answer was mailed to all of the interested parties th i s 1st day of August,,1979. .

lj tev hn Woliver

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