ML19273B613
| ML19273B613 | |
| Person / Time | |
|---|---|
| Site: | Zimmer |
| Issue date: | 05/01/1979 |
| From: | Woliver J WOLIVER, J.D. |
| To: | |
| References | |
| NUDOCS 7906120033 | |
| Download: ML19273B613 (7) | |
Text
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7 In the Matter of
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The Cincinnati Cas & Electric Company, et al.,
Docket No. 50-358 (William H.
Zimmer Nuclear
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Power Station)
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INTERVLNOR FANKHAUSER'S RESPONSE TO APPLICANTS' MOTION FOR
SUMMARY
DISPOSITION Pursuant to 10 C.F.R. 62.749 and order of this Board, Inter-venor Fankhauser submits the following in opposition to Aoplicants' Motion For Summary Disposition.
Contention 1 1.
Applicants,in addressing the contention, state claims that are based upon assumptions that spent fuel will be shipped offsite.
Presently there is no evidence that spent fuel will be shipped off-site. In its March 27, 1979, response to Interrogatory #15 of Inter-venor Fankhauser's Interrogatorie. to Applicant, Applicants state that "No specific disposal site has been identified...". Therefore, all assumptions concerning the volume of spent fuel allowed to ac-cumulate at the site are invalid if such assumptions include ship-ping spent fuel offsite.
7906120033 2350 083
. Contention 2 2.
Applicant states that "CC&E has sought permission to locate an air monitoring station at the Moscow Elementary School early in 1976 but such permission.as denied by the New Richmond School Board." Intervenor Fankhauser (hereinafter Fankhauser) contends that Applicants' failure to attempt to reestablish contact with the New Richmond School Board since 1976 is d ficient.
3.
Fankhauser states that within the past week he has initiated contact with New Richmond School officials concerning their willing-ness to reconsider their alleged 1976 decision.
4.
Fankhauser states that a critical need exists for monitor-ing devices to be located at the Moscow Elementary School for use by school officials. Radiological releases pose the greatest threat to elementary school children among all school age children.
5.
Applicants state that there is no way to further involve the citizenry in the Zimmer vicinity to assist in monitoring the plant. This represents a serious failing in the emergency plans.
Fankhauser will propose a number of ways in which citizens involve-ment could be heightened.
6.
Applicants have not shown that there will be continous monitoring of all isotopes. Fankhauser states that continous moni-toring of all isotopes is necessary.
7.
On page 14 of Applicants' Memorandum Applicants state "there are no on-line monitor presently available which are capable of detecting radioactivity in the order of the numerical guides con-tained in 10 C.F.R. Part 50, Appendix I."
Such an allegation is 2350 084
. irrelevant to the issue raised by Fankhauser's contention that no monitoring readouts are provided at the city water works. The need exists for independent and continous monitoring at the Water Works.
8.
Concerning Fankhauser's Contention 2(e), Applicants have requested summary disposition on this Contention cla'. ming it is vague and unclear. The monitoring plans as they are now are not as comprehensive as possible.
9.
Concerning Contention 2(f), Applicantc state that there will be " periodic isotopic evaluation of foodstuffs." This statement of Applicants lacks reasonable specificity. Monthly assays of isotopic concentration in foodstuff are a minimum requirement.
- 10. Applicants contend that "there is no demonstrated need for such a ' ring of monitoring stations' ". The two year study of the wind rows at the Zimmer site demonstrates an overwhelming need for a ring of monitoring stations surrounding the site for continous monitoring of gaseous releases. Furthermore, the recent event at Three Mile Island I,ndicates the same need not only for continous monitoring by a ring of monitoring stations but also that it be monitored by appropriate public and private agencies independdnt of Applicants.
Contention 4
- 11. Fankhauser contends that all subparts of his Contention d4 have merit. At present there have been no actual tests or drills of the emergency plan. Without an actual test of the plan, it is Fank-hauser's contention that the plan must be deemed to be inadequate.
See The Comptroller General's Report To The Congress of the United States, " Areas Around Nuclear Fac i ?. i t ie s " Should Be Better Prepared For Radiological Emergencies",
p.
14-19; GAO Report EMD-78-110 3
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' March 30, 1979.
- 12. Page 17 of Applicant's Memorandum discusses prompt noti-fication of public authorities. Applicant's notification system is vague. Further, table F-5 of the Emergency Plan contains incorrect addresses and phone numbers of agencies Fankhauser is personally familiar with such as the Clermont County Disaster Services. In ad-dition, the Clermont County Disaster Services is not empowered to
" direct response of county groups" as alleged in Table F-5, but may coordinate various county groups.
- 13. While Fankhauser is unable to demonstrate by affidavit at this time due to the unavailability of witnesses, he expects at the hearing to show by way of expert testimony that an emergency monitoring and notification system is inherently deficient if it is b.a s,e d upon the requirement that employees of the Applicants will
,h ays!.3 b y*
responsibility for monitoring and providing public g,9-y,erW..p, rime
., a gj'S ' a g e n d i d sEy,1,t h n,otification of emergency and potential emergency 0 'N "i
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'altuationslay the Zimmer site. Applicant has alluded to the possi-s; e
p[V yhtlity of.'jn official of the NRC being at Zimmer and monitoring its
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I i #oities on a continuous basis. Whether or n o t, this will be the k
O o o e q s.e, is a critical point to resolve. Fankhauser sees the need for O
an official of the NRC to be at the Zimmer Station at all times.
- 14. At present, contact with the Clermont County Disaster Services Agency indicates that there still exists a serious pro-blem of notifying the local populace in a timely fashion in the event of an emergency. There also is a need to involve the local population in emergency drills and to provide the population with intormation concerning radiological releases, r,.
ISL Fankhauser will show at the hearing that there is still a 2350 086
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.- critical need to refine and better develop the plans of the Clermont County Disaster Services Agency particularly in the areas of notifi-cation of the population and early notification to public agencies of an emergency situation.
- 16. Fankhauser expects to show at the hearing that the staff at the Cincinnati General Hospital is not sufficiently able to cope with emergencies precipitated by accidental releases of radioactivity.
- 17. With respect to Contention 4(F)(G) and (H), as previously stated Fankhauser will present expert testimony at the hearing to f
demonstrate the need for independent and continous monitoring for potential releases of radioactivity. Further, there is no showing that local agencies have adequate equipment, particularly vehicles, to cope with emergencies.
Contention 5
- 18. By Applicants' own admission there are no plans or knowledge of the shipping of waste material. It is Fankhauser's contention that safety in the transportation is partially dependent upon the trans-portation routes which, as of yet, have not been developed.
Contention 6
- 19. As previously stated, the dose levels to the children of the Moscow Elementary School cannot be calculated if no definite plans for shipping waste materials from the site exists. Applicants' calculations are premised upon the shipping of waste materials and, 2350 087
AFFIDAVIT OF DAVID F A N K il A U S E R David Fankhauser, being first duly sworn hereby affirms the following to be true.
1.
I have read all the allegationa contained in the foregoing Intervenor Fankhauser's Response To Applicant's !!o t io n l'o r Summary Disposition and, to the best of my knowledge, all the allegations contained therein are true.
State of Ohio
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County of Clermont gg "i d Fankhauser Subscrfbed by in my presence and sworn to me this jg_[d a y ot
[/ _' AI 1979.
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6-therefore, are inaccurate.
Respectfully submitted,
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_Jofin Woliver Actorney for Intervenor Fankhauser P.O.
Box 47 550 Kilgore Street Batavia, Ohio 45103 (513) 732-2422 Certificate of Service I hereby certify that a true copy of the foregoing was served of 7))d/1_
, k day upon all parties to the above proceeding this f
1979.
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John Woliver
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