ML19257B687

Answer in Opposition to City of Mentor,Ky 791228 Petition to Participate in OL Proceeding.If Admitted,City of Mentor Participation Should Be Limited to Issue of Emergency Planning.Certificate of Svc Encl

ML19257B687
Person / Time
Site:	Zimmer
Issue date:	01/11/1980
From:	Conner T, Wetterhahn M CINCINNATI GAS & ELECTRIC CO., CONNER, MOORE & CORBER
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8001180116
Download: ML19257B687 (7)

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' gr#O A A j;. \gC)7 C UNITED STATES OF AMERICA g\ $l Q NUCLEAR REGULATORY COMMISSION '[; a @

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In the Matter of '

g The Cincinnati Gas & Electric ) Docket No. 50-358 Company, et al. )

)

(Wm. H. Zimmer Nuclear Power )

Station) )

APPLICANT'S ANSWER TO PETITION OF MENTOR, KENTUCKY TO PARTICIPATE PURSUANT TO 10 C.F.R. S2.715(c)

On December 28, 1979, the City of Mentor, Kentucky

(" City" or " Mentor") petitioned the Atomic Safety and Licensing Board (" Licensing Board") to admit it as a par-ticipant in the subject operating licensing proceeding pursuant to 10 C.F.R. 52.715(c). While such requests are usually treated in a pro forma manner by licensing boards, Applicant, The Cincinnati Gas & Electric Company, et al.,

submits that, for the reasons discussed below, this request should be denied and that, if admitted, conditions should be placed on Mentor's participation.

The Petition designates Mrs. Mary Reder as the "repre-sentative" of the Mentor City Council and fails to identify her as an attorney-at-law. The Petition states that Mrs.

Reder's mailing address is Californ.ia, Kentucky. Inasmuch as she is apparently not a resident of the City of Mentor, 1/

as the Petition indicates and is not an attorney-at-law,'--

1763 308 1/ As noted in the attached newspaper article, Mrs. Reder is not an attorney; in any event, no notice of appear-ance, as required by 10 C.F.R. 52.713(a), has been sub-mitted by Mrs. Reder.

80011Eh (

we are aware of no precedent which would permit her to represent a political subdivision participating in an NRC licensing proceeding under the special, liberal provisions 2/

of 10 C.F.R. 52.715(c).

Secondly, it appears the City of Mentor is not the real party in interest here. If so, the provisions of 52.715 (c) are being misused to permit an anti-nuclear group opposed to the Zimmer Station to bypass the Commission's clearly es-tablished intervention procedures and slip in the back door through the liberal procedures established solely as an accommodation to governmental entities.--3/

Attached is a copy of an article appearing in the January 3, 1980 edition of the Kentucky Post indicating that Mary Reder is head of the Zimmer Area Citizens of Kentucky

("ZACK"), an organization opposed to tb. licensing of the Zimmer Station. The second paragraph of that article in-4/

dicates that the real pgrty in interesu is ZACK. As such, ZACK is using Mentor as a front tc avoid the responsibilities 2/ See 10 C.F.R. 52. 713 (a) . To the contrary, Commission decisions have limited representation to attorneys with the only exception being that a member of an un-incorporated association which is an intervanor may represent it. General Electric Company (General Electric Test Reactor, Vallecitos Nuclear Center), Docket Nos.

50-70 and 70-754, Memorandum and Order dated October 9, 1979, slip og. at 9-12.

--3/ See Statement of Considerations accompanying mis-cellaneous amendments to Part 2, Rules of Practice, 43 Fed. Reg. 17798 (April 26, 1978).

4/ While Applicant would never ask this Licensing Board to rely on a newspaper article in deciding a motion, we submi.t that there is sufficient basis for further inquiry in this instance.

3 309

. which would rest upon it under the Commission's regulations if ZACK were admitted as a named intervenor.

The rationale for not permitting a private intervenor to represent a governmental entity was expressed by the Appeal Board in the Marble Hill proceeding:

It was one of the basic tenets of the dissent from the Appeal Board's majority decision in West Valley that a local government "might well view the demands of the public interest in a markedly different light than . . .

private intervenors," and that accord-ingly, because it is governments, not private parties, who are charged with the responsibility of identifying and protecting the public interest, a private party-even though it may be advancing contentions identical to those proposed by the petitioning government-could not be said to represent adequately the petitioning government's interest. In reversing the majority's decision in that case, the Commission indicated agreement with this analysis, stating in its own West Valley decision that (1 NRC at 275):

We share the view of the dissenting member 6f the Appeal Board that the private inter-venors herein advancing contentions substantially identical to those of the County may not effectively represent the County's pre-sumably broader interests.

[ Footnotes omitted.] _5/

_5/ See Public Service Company of Indiana (Marble Hill Nuclear Generating Station, Units 1 and 2), ALAB-339, 4 NRC 20, 24 (1976).

1763 310

For these reasons, in the event the Board were to admit Mentor as a participant, it should require that it be re-presented by an elected official or through its counsel.

Furthermore, if the Board decides to admit the City, due to the fact that the petition was filed over five years after the notice of intent to issue an operating license appeared in the Federal Register and inasmuch as Mentor's expressed interest in this proceeding is limited to emergency planning, the City should be required to take the case as it finds it and its participation should be limited solely 6/

to that issue.--

For the foregoing reasons, the petition should be denied or participation of the City of Mentor should be conditioned as discussed above.

Respectfully submitted, CONNER, MOORE & CORBER dn 2P Cwa > '

Trop DT Conner, Jr.

zw aa_a. _,

Mark J. Wetterhahn Counsel for the Applicant January 11, 1980 6/ Id. at 26.

1768 311

. The K+"My Post. Thurscay, Jamsary 119?0 Mentor asks say ,

On DLike jbleDI .

u e m . p . a .,- -

ra mmer pa.e s w r w a r

. The tiny Campbell. County city of Men-tor is concerned about.its big neighbor, the nnfiniaMed 21mmer Nuclear Plant across the Ohio River. .' .

Mary Reder, head of Timmer Area Citi-zens of Kentucicy, has filed an application through Mentor City Council to represent it in the mmmer Nuclear Regulatory Com-minion 11cenaing hearings for zimmer.

Her husband, Don Reder, who's also in-volved in ZACK. said if the application is.

accepted, Mr- Reder will be the only Ken-tuckian involved in the. hearings.

The Reders, Shaw Goet: Ed., are both

' math tMcherE Mrs. Reder teaches at Campbell. County High. Reder teaches at .

Walnut: Hills High in Cincinnati.

"It's very important people from north-ern Kentucky.get involved in these hear-ings. We are very intimately ' concerned. At least half of the surrounding area is in Kentucky," Reder said.

An evacuation pliLu !s'now*being de-

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signed by Bob ~ Alexander, Campbell County Disaster oorHimitnr.

Gaps "We need to disc'uss what we. feel will be major gaps in the plazf and 'also !sraes like storage facilities, monitors.ard

who's going to pay forall this." Reder said.

Z1dider.!s l'bthd o near. Moscow, O. Reder said at least half of C:L*"pbell County and the eastern-tip of Kenton County is within the ten-mile danger :ene of~the S350 million plant The'lli:ensini!feirings, to be. held in Cin-cinnati;may be the last before a decision is made by the NRC whether to issue an operat-ing license. ~

Cincirinati Gas & IIectric Co., the plant's principalowner< bas said G63 312

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

The Cincinnati Gas & Electric ) Docket No. 50-358 Company, et al. )

)

(William H. Zimmer Nuclear Power )

Station) )

CERTIFICATE OF SERVICE ,

I hereby certify that copies of " Applicant's Answer to Petition of Mentor, Kentucky to Participate Pursuant to 10 C.F.R. 52.715 (c) ," dated January 11, 1980, in the captioned matter, were served upon the following by deposit in the United States mail this lith day of January,1980:

Charles Bechhoefer, Esq. Michael C. Farrar, Esq.

Chairman, Atomic Safety Atomic Safety and Licensing and Licensing Board Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Nashington, D.C. 20555 Dr. Frank F. Hooper, Member Chairman, Atomic Safety and Atomic Safety and Licensing Licensing Appeal Board Panel Board U.S. Nuclear Regulatory School of Natural Resources Commission University of Michigan Washington, D.C. 20555 Ann Arbor, Michigan 48109 Chairman, Atomic Safety and Mr. Glenn O. Bright, Member Licensing Board Panel Atomic Safety and Licensing U.S. Nuclear Regulatory Board Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Charles A. Barth, Esq.

Counsel for the NRC Staff Richard S. Sal:ntan, Esq. Office of the Executive Legal Chairman, Atomic Safety and Director Licensing Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Ccmmission '

Washington, D.C. 20555 Washington, D.C. 20555 William J. Moran, Esq.

Dr. Lawrence R. Quarles General Counsel Atomic Safety and Licensing Cincinnati Gas & slectric Appeal Board Company U.S. Nuclear Regulatory Post Office Box 960 Commission Cincinnati, Ohio 45201 Washington, D.C. 20555 jJ{}}

Mr. Chase R. Stephens Leah S. Kosik, Esq. Docketing and Service Section Attorney at Law Office of the Secretary 3454 Cornell Place U.S. Nuclear Regulatory Cincinnati, Ohio 45220 Commission Washington, D.C. 20555 John D. Woliver, Esq. Clermont County Community William Peter Heile, Esq. Council Assistant City Solicitor Box 181 City of Cincinnati Batavia, Ohio 45103 Box 214 Cincinnati, Ohio 45202 Mr. Ronald _Strasinger, Mayor City F,all, The City of Mentor Mentor, Kentucky 41007 Mrs. Mary Reder Box 2 , Route 2 California, Kentucky 41007 q , jg f l - - - - Mar g'.feetterhahn i763 314'}}