ML19309D551

Petition for Leave to Intervene by Zimmer Area Citizens & Zimmer Area Citizens of Ky.Petitioner Is Concerned About Proximity of Elementary & Secondary Schools to Nuclear Power Plant.Certificate of Svc Encl

ML19309D551
Person / Time
Site:	Zimmer
Issue date:	03/24/1980
From:	Dennison A AFFILIATION NOT ASSIGNED
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8004100468
Download: ML19309D551 (9)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION g*g ATOMIC SAFETY AND LICENSING BOARD .

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In the Matter of  : 4 s\

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COMPANY, ET AL.  : DOCKET.NO. 50-358 (William H. Zimmer Nuclear  : APPLICATION FOR Power Station)  : OPERATING LICENSE.

PETITION FOR LEAVE TO INTERVENE BY ZIMMER AREA CITIZENS AND ZIMMER AREA CITIZENS OF KENTUCKY AS AN INTERESTED PERSON Zimmer Area Citizens (ZAC), an association and group of citizens residing in the State of Ohio, and Zimmer Area Citizens of Kentucky (ZACK), an association and group of citizens residing in the Commonwealth of Kentucky, as a joint and combined group and associa-tion, hereby petition the Nuclear Regulatory Commission for leave to intervene in the above-captioned matter as an interested person pursuant to 10 C.F.R. 52.714.

The combined association, or group, of citizens of Ohio and Kentucky, ZAC-ZACK, is a person as defined by 10 C.F.R. S2. 4 (o) (1) ,

and the designated representatives of petitioner are persons as l defined by 10 C.F.R. 52. 4 (o) (2) .

l ZAC was formed by residents of Ohio,whose homes were situatel within the area of less than one-mile to ten miles of the William H.

Zimmer Nuclear Power Station, shortly after the accident at the Three-8004100 %

Mile Island Nuclear Power Station. This citizens association was formed for the purpose of its members educating themselves as to the potential hazards to health and property from the operation of a commercial nuclear power facility and the means and methods avail-able for protection of the public in the regulation of such a facility for relatively safe operation. Many of its members were engaged in research and aelf-education of the subject matter before the formation of the citizens' association.

ZAC continues to engage in acquiring information and know-ledge of the subject matter and has involved itself in conducting educational meetings to inform the public. Residents of the Common-wealth of Kentucky, residing within ten miles of the Zimmer Station, sharing the concerns of ZAC, consulted with ZAC and subsequently formed its association of Kentucky residents as the group ZACK, which

. subscribes to the principles of ZAC and engages in acquiring knowledgG of the subject and conducting educational meetings to inform citizens of the Commonwealth of Kentucky who evidence a concern about the presence of a nuclear power facility near their homes and schools.

i Petitioner was not in being as a group or association withis l

l the time for prompt filing of its application for leave to intervene.

This petitioner, as an association, has been in existence since March 28, 1979 and it has not heretofore sought intervention until it l achieved the degree of expertise sufficient to be productive and assic tive as a party. Petitioner presents itself as representing the citizens of Ohio and Kentucky as a single intervenor and presenting the position of the Ohio-Kentucky citi-zen residing within ten miles of the nuclear power facility. Petitioner now seeks intervention in view of the regulatory revisions mandated by the experience and subsequent findings of the Three-Mile Island accident. In fact, the hearings pertaining to evacuation and monitoring have been recessed by the Commission pending resumption following definitive regulations governing evacuation and monitoring. It is submitted that this petitioner has shown good cause for its failure to file its petition for leave to intervene timely and has met the requirement of 10 C.F.R.

52. 714 fa) (1) (1) . ,

Petitioner is concerned about the proximity of elementary and secondary schools to the Zimmer Nuclear Power Station. There are 18 schools situated in Kentucky and Ohio maintaining a 1978-1979 scholastic year enrollment of 9,275 students, of which 11 schools are elementary, two are middle schools and five are high schools. These schools are located within 0.5-mile, 3.9 miles, 6.8 miles, 7.7 miles, 8 miles, 9'.3 miles and 10.6 miles of the Zimmer Station. The majority of the members of ZA'C and ZACK are parents of students attending the aforestated schools. Petitioner is concerned about the health of its members.and those persons similarly situated, the safe operation of the nuclear power facility and the ef fect upon petitioner's safety and property in the event of emergency, particularly in view of its members' homes being located within a ten-mile radius of the facility and its children attending schools within that radius.

After a review of the intervenors currently parties to this proceeding'and the Commonwealth of Kentucky which is c rrently seeking intervention, petitioner is unable to find any intervenor whose present will represent the interest, concern, productivity or contribution of this petitioner who is uniquely representative of the citizens' concert as a citizen of both Kentucky and Ohio and who is representative of l the interest of children of pre-school and school age.

l The interest of the City of Cincinnati is limited to the concerns of that Ohio city and of its citizens who reside a substantial distance from the ten-mile radius of the Zimmer Station. The interest of the City of Mentor is limited to the concerns of that Kentucky city and of its citizens residing within that city which is within the ten-t mile radius of the nuclear facility. The interest of David Fankhauser presents the concern of a single resident of Clermont County, Ohio, who resides in an area beyond the ten-mile radius of the subject plant; however, this single citizen cannot be anticipated or expected to represent and protect the interest of citizens of both Kentucky and Ohio who reside, and whose children attend schools, within a ten-mile radius of the Zimmer Station, and Dr. Fankhauser cannot be expected to provide adequate resources and the ability to represent the concerns of this petitioner. The interest of the Miami Valley Power Project, a citizens group comprised of residents of Montgomery County and Dayton, Ohio, is limited to the concerns of citizens residing a substantial distance from the ten-mile radius of this nuclear power station. The Commonwealth of Kentucky, seeking intervention, presents the interest for the total political body of that state and possessen no concern for the residents of Clermont County, Ohio. Other than the City of Cin-cinnati, neither the State of Ohio nor any of its political subdivisions have sought to intervene in these proceedings.

No present or anticipated cr.tervenor, or combined intervenors, in its, or their, participation presents the availability of the means for or the protection of petitioner's interest in this proceeding and the provisions of 10 C.F.R. 5 2. 714 (a) (1) ('ii) and (iv) have been met.

Petitioner seeks intervention on the issues of the adequacy of communication systems and the adequacy of warning devices within the community, geographic, area of its concern; the adequacy of research and expertise pertaining to thyroid disorder, or disease, leukemia, and other untoward effects, of and to children due to radiation release and radioactive effluents; the availability, qual-ifications and adequacy of medical and para-medical personnel and the related response of such medical personnel in the event of emer-gency, and the presence, availability and adequacy of medical facil-ities within the general community; evacuation plans and monitoring devices affecting the public; evacuation plans and monitoring devices as related to schools; the circumstances of, and effect upon, school children evacuation, and being evacuated, during school attendance; the financial aspects of the foregoing, and by whom and from what source the cost thereof shall be borne; the selection and location of monitoring devices for the benefit of, and as affecting, the 18 schools situated within the ten-mile radius of the nuclear facility; and the supervision, and by whom, of the licensee to assure prompt announcement and notification of an accident, the activation of evacuation plans and the timely, and continued, dissemination of information to the community advising of the progress of the accident situation.

Based upon the foregoing, petitioner's participation as a party may reasonably be expected to assist in developing a sound record and will not broaden the issues or cause delay in the pro-ceedings, especially from the position that petitioner accepts .that it must take the proceedings as it now finds them. Petitioner has met the requirements of 10 C.F.R. 52. 714 (a) (1) (iii) and (v).

Pee.itioner is a citizen of Ohio and Kentucky; it is a property owner of real and personal property possessing a financial interest in such property located within a ten-mile radius of the Zimmer Station; it is a parent of pre-school and school children possessing a concern for the health, safety and well-being of such children present in both the home and the school, and it possesses an interest in the financial considerations present in the implement-ation of evacuation plans and monitoring devices and related consider-j ations. This petitioner maintains a substantial right under the Act to be made a party to the proceedings. This petitioner maintains a substantial interest in its real and personal property situated within a ten-mile radius of the nuclear power facility, a substantial interest in the financial aspects of the devices required to be implemented in the future and before the licensee may be granted its operating lic-ense, and a substantial interest in its health and safety and in the health and safety of its children, from which petitioner bears a natural and extensive interest in the proceedings. Petitioner will be directly and substantially affected by any orders which may be entered in this proceeding bearing upon petitioner's enumerated interes heretofore set forth.

Petitioner has met the requirements set forth in 10 C.F.R.

52. 714 (a) (1) (i) through and including (v), it has met the requirements set forth in 10 C.F.R. S2. 714 (a) (2) and it has met the requirements set forth in 10 C.F.R. S2. 714 (d) (1) through and including (3).

In view of the several new developments with respect to the standards governing evacuation and monitoring, a balancing of all of the factors of 10 C.F.R. S2.714(a) permits this petitioner to j intervene as a party subject to adherence to the procedural rules and 1

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regulations governing a party and to accept the proceedings in this advanced stage as petitoner finds them.

Petitioner hereby designates the following individuals as its representatives:

Margaret C. Erbe Philip McCartney Box 3118 Box 96A State Riute 222, South Baynum Hill Road Bethel, Ohio 45106 California, Kentucky 41007 Marjorie Sauer Thomas R. Herman, Esquire Dox 105 200 Main Street Point Pleasant, Ohio 45163 Batavia, Ohio 45103 Genevieve R. Dennison Patricia Wilfert 2785 State Route 132 1171 Watkins Hill Road New Richmond, Ohio 45157 New Richmond, Ohio 45157 Sr. Alice Gerdeman, C.D.P. Nancy Juillerate 13 Chesapeake Avenue 3010 Pond Run Road Newport, Kentucky 41071 New Richmond, Ohio 45157 Elizabeth McCartney Sharon L. Porter Box 96A 622 Neptune Way Baynum Hill Road Cincinnati, Ohio 45244 California, Kentucky 41007 Vicky Anderson-Mayer Andrew B. Dennison, Esquire 1099 G S. 52 200 Main Street New Richmond, Ohio 45157 Batavia, Ohio 45103; and requests that all papers filed in this proceeding be served upon:

Andrew B. Dennison Attorney at Law 200 Main Street Batavia, Ohio 45103.

Respectfully submitted,

/ // l f  :;-n c.s x i ANDREW B. DENNISON l

200 Main Street Batavia, Ohio 45103 Telephone (513) 732-6800 Of Counsel for Petitioner Certificate of-Service attached hereto.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION g \r.g i pc , .N ATOMIC SAFETY AND LICENSING BOARD 8 f

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Charles Bechhoefer, Chairman '1 _-

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In the Matter of  : . '"Ihf y

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CINCINNAT! GAS AND ELECTRIC - '

COMPANY, ET AL.  : DOCKET NO. 50-358 (William H. Zimmer Nuclear  : APPLICATION FOR Power Station)  : OPERATING LICENSE, CERTIFICATE OF SERVICE I hereby :ertify that copies of " Petition for Leave to Intervene by Zimmer Area Citizens and Zimmer Area Citizens of Kentucky as an Inurescki Person" in the above-captioned proceeding have been served on the following persons by posting the same in the U.S. Mails, postage prepaid, this 21st day of March 1980.

Charles Bechhoefer, Esq., Chairman Mr. Glenn O. Bright Atomic Safety and Licensing Board Atomic Safety and Licensing Board Panel Panel U.S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. Frank F. Hooper Troy B. Conner, Esq.

School of Natural Resources Conner, Moore & Corber Univerisyt of Michigan 1747 Pennsylvania Avenue, N.W.

Ann Arbor, Michigan 48109 Washington, D.C. 20006 William J. Morgan, Esq. Leah S. Kosik, Esq.

General Counsel 3454 Cornell Place Cincinnati Gas & Electric Co. Cincinnati, Ohio 45220 P.O. Box 960 Cincinnati, Ohio 45201 W. Peter Heile, Esq. John D. Woliver, Esq.

Assistant City Solicitor P.O. Box 47 Room 214, City Hall 550 Kilgore Street Cincinnati, Ohio 45220 Batavia, Ohio 45103 l

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A*.omic Safety and Licensing Appeal Atomic Safety and Licensing Board Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Charles A. Barth, Esq. Mary Reder U.S. Nuclear Regulatory Commission Box 270 Room t1NBB 9604 Route 2 7735 Old Georgetown Road California, Kentucky 41007 Bethesda, tiaryland 20014 Docketing and Service Section Dale D. Brodkey, Esq.

Office of the Secretary Assistant Attorney General U.S. Nuclear Regulatory Commission Division of Enviromental Law Washington, D.C. 20555 Attorney General for the Commonweal 4 of Kentucky 209 St. Clair Street Frankfort, Kentucky 40601

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ANDREW B. DENN-ISON 200 Main Street Batavia, Ohio 45103 Of Counsel for Petitioner, Zimmer Area Citizens and Zimmer Area Citizens of Kentucky 4

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