ML19309B787
| ML19309B787 | |
| Person / Time | |
|---|---|
| Site: | Zimmer |
| Issue date: | 03/26/1980 |
| From: | Barth C NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8004070182 | |
| Download: ML19309B787 (4) | |
Text
03/26/80
=o UNITED STATES OF AMERICA NUCLEAR REGULATORY C0ffilSSION BEFORE THE ATOMIC SAFETY AND-LICENSING BOARD In -the Matter of
)
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CINCINNATI GAS AND ELECTRIC
)
Docket No. 50-358 COMPANY, et al.
(Wm. H. Zimmer Nuclear Power
)
Station, Unit No.1)
)
NRC STAFF RECOMMENDATION THAT THE STATE OF KENTUCKY BE ADfiITTED AS 'AN ~ INTERESTED STATE I
By an undated petition the State of Kentucky has petitioned to be admitted as an interested state pursuant to 10 C.F.R. H2.715. The petition is unopposed by the Applicants.
The Staff supports the admission of Kentucky provided Kentucky takes the proceedings as it finds it and does not seek to litigate issues on which hearing is complete.
10 C.F.R. 52.715(c) confers upon an interested state a reasonable opportunity to participate in an NRC proceeding. The State of Kentucky is an " interested" state within the purview of section 2.715(c). Over half of the area of a circle with a radius of 10 miles, a part of the emergency preparedness parameters, lies within the State of. Kentucky, directly across the Ohio River from the Zimmer facil ity. Should an emergency arise, State of Kentucky personnel will be in-volved as will State property and equipment.
The State of Kentucky Emergency
-Preparedness Plan is directly involved in the safe operation of Zimmer. Both NRC Staff and Applicants' staff are presently engaged in emergency response
-and emergency planning discussions with the State of Kentucky. Also a number of Kentucky cities which' are downstrean of the Zimmer facility, such as 8004070gr6A
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Louisville, take their water from the Ohio River into khich wasEe' water from Zimmer is emptied. The nexus between the State of Kentucky and Zimmer is apodictic.
For these reasons, the Staff recommends that the state be admitted as an interested state pursuant to 10 C.F.R. 52.715, just as this Licensing Board adnitted the City of Mentor, Kentucky in its order of January 29, 1980. However, this proceeding has been going on for several years.
Kentucky has not chosen to take' part until now. Like the participation of the City of fientor, the participation of the State of Kentucky should be limited to issues which have not been litigated previously i.n this croceedi_ng.S NRC Staff. counsel has discussed.this with counsel'for the State of Kentucky and-has been assured that the State will take the prc:< eding as it finds it and has no interest in relitigating old issues such as the adequacy of fire protection for the cable trays.
Respectfully submitted, 422 Charles A. Barth Counsel for NRC Staff Dated at Bethesda, liaryland this 26th day of March,1980 S Cf. Gulf States Utilities Co. (River Bend Station, Units 1 & 2), ALAB-444, 760, 768 (1977) (applying procedural rules on the framing of contentions to a state admitted under 10 C.F.R. 82.715(c)); Pacific Gas and Electric Co.
(Diablo Canyon Nuclear Power Plant, Units 1 and 2), ALAB-583,11 NRC
' (slip op., March 12,1980)-(refusing to allow the Governor of a State l
appearing under 10 C.F.R. 52.715(c) permission to appeal issues he did not litigate below).
' UNITED ' 7ATES OF A'G3ICA
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5 tiUCLEA;', R: L_ATCM C:.::::IC:,
BEFORE THE ATOYIC 5;FETY AND LIC%SIhG BOARD In the Matter of
- CINCliiNATI GAS AND ELECTRIC
?-
Occket No. 50-358 COMPANY,'et al.
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' (Wm. H. Zimmer Nuclear Power
)
~
Station, Unit No.1)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RECOMMENDATION THAT THE STATE OF KENTUCKY BE ADMITTED AS AN INTERESTED STATE" in the above-captioned proceeding have been served on the following by deposit ~in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 26th day of March,1980:
Charlo: Eechhoefer, Esq., Chairman
- Leah S. Kosik Esq.
- Atomic Safety and Licensing 3454 Cornell Place Board Parel Cincinnati, Ohio 45220 U.S. ?!uclear Regulatcry Co=ission Washingtcn, D.C.
20555 W. Peter -aile, Esc.
Assir m City Soliciter Dr. Frank F. Hce;:er Room m, City sali School of Natural Rescarces Cincirn ai, Ohio 4E 20 Universiy of :41chigan Ann Arbce, Michigan 43109 Timothy S. Hogan, Jr., Chairman Board of-Comissioners Mr. Glenn 0. Bright
- 50 IW ket Street Atcaic Saft'.y ar d Licensing Clerman: County Board Pcrel Batavia, Cnio 45103 U.S. E cle:r ?s;;1atcry Cc nission Washington, :.C.
20555 John D. Ucliver, Esq.
Clermont County Ccc unity Council Troy 3. Cc - r, Esq.
Box 101 Ccnner,d re end Cceter Cata,ia, Caio 43103 1747 Pcans y hat.i s c. ?,e.
Washington, D.C.
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William J. Moran,'Esq.
Atom.ic Safety and.Licensin.g
' General Counsel Acpeal Board-Cincinnati Gas & Electric Company U.S. Nuclear 9eculatory Connission P.O. Box 960 Washington, D. C.
20555 Cincinnati, Ohio 45201 Docketing and Service Sect. ion *-
1 Atomic Safety and Licensing Office of the Secretary
, Board. Panel'*
U.S. Nuclear Regulatory Commission
.U.S. Nuclear Regulatory Commission Washington, D. C.
20555 Washington, D. C.
20555 David Martin, Esq.
Office of the Attorney General 209 St. Clair Street First Floor Frankfort, Kentucky 40601 Mrs. Mary Reder -
Box 270, Rt. 2 California, Kentucky Dale D. Brodkey Assistant-Attorr.ey General Division of Environmental Lau Office of Attorney General 209 St. Clair Street Frankfort, KY 40601 4
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't Charles A. Barth Counsel for NRC Staff 0
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