ML19312D802

Petition to Intervene as Interested State in OL Proceeding. Plant Located on Ohio River Bank Adjacent to States of Ky/Oh Boundary.Participation of Interested State,Although Late,Is Desirable Per Case Law.Certificate of Svc Encl

ML19312D802
Person / Time
Site:	Zimmer
Issue date:	03/04/1980
From:	Brodkey D, Martin D KENTUCKY, COMMONWEALTH OF
To:
References
NUDOCS 8003250354
Download: ML19312D802 (6)

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-UNITED STATES OF AMERICA-NUCLEAR REGULATORY COMMISSION BEFORE THE

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t ATOMIC SAFETY AND LICENSING BOARD Charles Bechoefer, Chairman.

Dr. Frank F. Hooper, Member Glenn O. Bright, Me'aber In the Matter.of

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CINCINNATI GAS AND ELECTRIC )

Docket No. 50-538

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COMPANY, ET AL. (William

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Application for

.lb Zimmer Nuclear Power-

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Operating License.

Station).

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PETITION FOR LEAVE TO INTERVENE AS AN INTERESTED STATE The Commonwealth of Kentucky, Enr and through its duly elected Attorney General, hereby petitions the Nuclear Regu-latory Commission.for leave to intervene in the above-captionedfmatter as an interested state pursuant to 10

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'C.F.R. 2.715(c) and Section 274 (1) of the Atomic Energy Act, 42 U.S.C. 5 2021 (1), as amended.

The Attorney General of Kentucky is the chief legal

. officer of the Commonwealth, and is empowered by Section 91 of: the_ Kentucky Constitution and Section 15.020 of the-Kentucky Revised Statutes t'o represent the-interests of the h

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. citizens ofi he Commonwealth in any legal matter that affects t

the Commonwealth. ' As an. adjoining state, Kentucky has an

interest.in allaof'the findings of.thelCommission that must be~made in~ order to issue anLoperating license.

Limited

-appearance statements have been previously made on behalf of the Commonwe'alth in:this proceeding.

The Commonwealth seeks to intervenefas an' interested state in order to more fully

. participate'in.these; proceedings and to assure that its concerns are given adequate consideration.

The Zimmer~ Nuclear Power Station will affect the

' Commonwealth in many-ways.

The plant is located on the bank of the Ohio River adjacent to the. Kentucky-Ohio boundary.

.The-intake ~and discharge of water from the facility will affect the Commonwealth's interests in the Ohio River, including its use as a public water supply.

The low population zone for-the plant includes land areas located in Kentucky.

Largel portions of the ten and fifty mile emergency planning-zones recommended.in-NUREG 0396 lie within the Commonwealth of: Kentucky.

The Commonwealth therefore has an interest in

. protecting its land and citizens fr'om releases of' radioactivity; from the-:Zimmer facility.

Kentucky is particularly concerned about the adequacy tof# emergency; planning for the facility as applied to Kentucky.

.The-emergency plan for the'Zimmer Nuclear _ Power Station is

.ina'dequate to~ protect'the health and safety of-the: inhabitants-

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offthe"Commonwaalth.

The Commission no doubt recognizes this fact'in the' aftermath of the accident at Three Mile Island.

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..The Zimmer; emergency plan does:not meet-the requirements of the proposed amendments to110 C.F.R. Part 50, and 10 C.F.R.

-Part'50, Appendix E.

.The. Commonwealth supports the general concept offthe proposedLrevisions and has requested that the applicant. provide financial and other assistance to state-and11ocallagencies to develop adequate state'.and local emergency plans.in Kentucky for'the Zimmer Nuclear Power Station.

Without additional funding, state and local-emergency planning for the Zimmer Nuclear Power Station will be inadequate.

Good.cause for delay in intervening in these pro-ceedings, if11t need. be shown on behalf of an interested state,

. exists because the-Commission is changing many regulatory policiesjlti the aftermath of the Three Mile Island accident.

Prior to the Three Mile Island incident, the Commission's

. confidence 11n engineered safety features caused the need for joff-site emergency response capability to be minimized.

The

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! Commonwealth's~ complaints about emergency preparedness would not have'been'given sufficient consideration'by the Commission at that-time.

Currently, however, both the Nuclear Regulatory Commissionfand--state and local' agencies.are re-evaluating

<isafety and: emergency response requirements.

This' licensing proceeding should reflect those re-evaluations ~, as. recognized

.y Lbynthe Licensing Board' in ' postponing.the completion. of hearings,

-andlinfadmitting-the city of Mentor,. Kentucky to theLproceedings.

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!.Given1this existing delay, no further delay is likely from thefparticipation of-the Commonwealth-inlthese. proceedings.

~The'Commo'nwealth's participation will'assis't1in the development of A sound'recordidue to a combination of expertise and potential-

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! fiscal resources.not found among'the existing ~intervenors with~similar' concerns-.

No~ party:other than'the Commonwealth can represent its-sovereign interest in protecting the health and welfare of its citizens.

Moreover, the participation of an interested sovereignJstat'e in the Nuclear Regulatory-Commission licensing process is always desirable.

Public Service Company of New Hampshire.(Seabrook-Station, Units 1 and 2), CLI-77-25,

' October-14, 1977;. Exxon Nuclear Company, Inc.~(Nuclear Fuel Recovery and' Recycling Center), ALAB 447, December 13, 1977.

- For.all.of-the above reasons, the Commonwealth's petition for leave-to intervene-as an interested state should be granted.

Respectfully submitted, STEVEN L. BESHEAR ATTORNEY GENERAL

&.fY/k BY: David K. Martin Acting Director s

Dh b. 0 w)hu \\

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BY: Dale D. Brodkey

. Assistant Attorney General DIVISION OF ENVIRONMENTAL LAW-

'209 St. ClairiStreet Frankfort, Kentucky 140601-

-Telephone: 502-564-3594-

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" UNITED' STATES OF AMERICA NUCLEAR-REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY-AND LICENSING BOARD

'In.the~MatterLof

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CINCINNATI" GAS AND ELECTRIC

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f COMPANY, et al.

Docket No. 50-358 (Wm. H;'Zimmer' Nuclear _ Power

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. Station, Unit No. 1)

. CERTIFICATE OF SERVICE I hereby certify that the Commonwealth of Kentucky's

" Petition for Leave to Intervene as an Interested State" has been' served upon the following persons by placing true and correct copies :thereof, postage prepaid, in the U.S. mail, on March 4, 1980, addressed as follows:

CharleshBe~chhoe fer,'

Leah S. Kosik, Esq'.

. Chairman 3454 Cornell Place

. Atomic Safety'and Licensing Cincinnati, Ohio 45220 Board Panel' U.S. Nuclear Regulatory W. Peter Heile, Esq.

-Commission Assistant City Solicitor Washington, D.C. 20555 Room 214, City Hall Cincinnati, Ohio 45220 Drs. Frank F. Hooper

. School of Natural Resources Timothy S. Hogan, Jr., Chairman University'of Michigan Board of Commissioners Ann Arbor, Michigan'48109 50 Market Street Clermont County

.Mr. Glenn O. Bright Batavia, Ohio 45103 Atomic Safety Licensing

. Board Panel John D. Woliver, Esq.

U.S~'. Nuclear Regulatory-

. Clermont County Community Council

. Commission

- Box ~181 Washington, D.C. 20555

- Batavia, Ohio-45103

-Troy.B~. Conner, Esq.

Conner,, Moore and Corber

.1747EPennsylvania Ave.,N;W.

Washington,.D.C. 20006-

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- William.J. Morant Esq.

Atomic Safety-and Licensing General-Counsel-Appeal Board Cincinnati. Gas and' U.S. Nuclear Regulatory Commission

.. -Electric Company Washington,;D. C. 20555

. P.O.. Box'960

Cincinnati,.-Ohio 45201~

Docketing and Service Section Office of the. Secretary.

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Atomic Safetf and Licensing

-U.S. Nuclear. Regulatory Commission

-Board: Panel Washington, D.C.-20555-

.U.S. Nuclear Regulatory l Commission

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Charles A. Barth Washington, D.C.-20555:

NRC St aff Counsel

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.U'S. Nuclear Regulatory Commission Mrs~. Mary-Reder Washington, D. C. 20555 Box ' 21, = Rt.. - 2.

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. California, Kentucky 41007-s ci ){ & hge $

DAVID K. MARTIN Counsel for Commonwealth of Kentucky.

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