ML19318A904
| ML19318A904 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 06/20/1980 |
| From: | Jordan W BIER, MILLS, CHRISTA-MARIA, ET AL, SHELDON, HARMON & WEISS |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8006240358 | |
| Download: ML19318A904 (6) | |
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD C
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In the Matter of
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CONSUMERS POWER COMPANY
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Docket No. 50-155
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(Big Rock Point Nuclear Power
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Station)
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EMERGENCY REQUEST FOR AN IMMEDIATE ORDER REQUIRING LICENSEE TO PERMIT ENTRY UPON TH'E BIG ROCK POINT SITE Intervenors Christa-Maria, JoAnne Bier, and James Mills (referred to as Christa-Maria) request that the Atomic Safety t
and Licensing Board issue an immediate order pursuant to 10 CFR 2.741(a) (2) and 2.740 (f) (1) requiring Consumers Power Company (Licenses) to allow a representative of Christa-Maria 1
access to the Big Rock Point site and other areas under Licensee's control on Tuesday, June 24, 1980, for the purpose of observing the proposed testing of the emergency plan for the Big Rock reactor.
I was informed by my clients on Thursday, June 19, that the-Licensee, the Nuclear Regulatory Commission (NRC), the
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State of Michigan, and others will undertake a test of emer-gency plans for_the Big Rock Plant on Tuesday, June 24.
Since the adequacy of emergency planning for Big Rock is the subject of one of Christa-Maria's contentions, it is extremely important op that one or mare representative of Christa-Maria be given the b \\\\
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As of Thursday, Christa-Maria had asked the State Polica for an opportunity to observe, and her request had been denied.
On Thursday, I-spoke to Janice Moore, Counsel for the NRC, who indicated
.that a decision to allow Christa-Maria to view the test appeared to be up to the Licensee.
Meanwhile, either late l
Thursday or early Friday, June 20, Christa-Maria spoke to Mr. Loomis, a representative of the Licensee, who indicated that the test was a State exercise over which the Licensee l
had no say.
On Friday, June 20, I spoke to Joseph Gallo, Counsel for the Licensee, who said that the test is a coordinated effort 0
involving the Licensee and the state and local governments, with the NRC and the Federal Emergency Management Agency (FEMA) participating as observers.
The central control of the operation will apparently be at a State Police Command Post in Petosky.
Mr. Gallo did not know whether a representative of the Licensee or the NRC would be observers at the Command Post.
In addition, there will be activity at the plant site, apparently in the Technical Support Center (according to Ms. Moore).
Mr. Gallo inforned me that the Licensee does not want any outsiders such as Christa-Maria on th,e site for the test and has refused to allow our request to have a represen-tative present as an observer.
At this time, it remains somewhat unclear as to who is in charge of the test.
It may be that the State Police are in control of the Command Post and that the Licensee would be
1 unable to agree to our having an observer present in that location.
We will be contacting the State Police on that point.
However, it is clear that the Licensee controls access to the site and has the authority to allow a repre-sentative of Christa-Maria to observe the test in that location.
In addition, it may be that the Licensee has the authority to allow a representative of Christa-Maria to observe the test from other vantage points.
Ch'rista-Maria's emergency planning contention is extremely important and is expected to be the focus of much of this case.
The fact is that many factors, including harsh weather condi-tions and a limited road system place severe limits on the ability to evacuate people safely in the event of an accident at Big Rock.
Given the seriousness of this issue, it is essential that Christa-Maria be given access to all available information in order to prepare her case.
We have already served extensive interrogatories on Licensee concerning this issue.
Since this test will likely provide among the most significant information concerning emergency planning for Big Rock and will be a unique opportunity to gather such informa-tion first-hand, without the interference or interpretation of the Licensee or the NRC, fairness demands that Christa-Maria be given-a full opportunity to observe.
This is true both with respect to activities on the site and with respect to activities in'other locations that will contribute to the Licensee's know-
~ ledge and ability to litigate the emergency planning contention.
Under. normal circumstances, Christa-Maria would be required to serve on the Licensee a written request for access to the
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. property pursuant to 10 CFR 2.741(a) (2), and to have her request refused before making a motion such as this.
That is impossible here.
The oral denial issued by Mr. Gallo earlier today is the equivalent of a formal denial of a written request.
Accordingly, Christa-Maria moves pursuant to 10 CFR 2.740 (f) (1). as follows:
1.
That Licensee be required to allow a designated representative of Christa-Maria to have, access to the location on the plant site where the test will be under-t taken, directed, or monitored.
It is not possible to identify the location specific-
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ally at this time.
For the purposes of this Motion, it is-the location from which the representative can best observe and understand the test.
2.
That Licensee be required to allow a designated representative of Christa-Maria to have access to any locations not on the l
plant site where it will be possible to observe this test, to the extent that the Licensee has.the authority to permit access.
I understand that in addition to the State Police Command Post, these may include local sheriff's offices and other local government offices.
. I am serving this as quickly as possible on Friday afternoon on the Board, the NRC Staff, and the Licensee.
' Mr.
O'Neill, the other intervenor, will be informed by telephone.
I propose that the matter be addressed and resolved on Monday morning, June 23, in a conference call".
Respectfully submitted, A%M William S." Jordan, III Counsel for Christa-Maria Harmon & Weiss 1725 I Street, N.W.
Suite 506 Washington, D.C.
20006 Dated : ($~ }A-Al D
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
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CONSUMERS POWER COMPANY
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Docket No. 50-155
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(Big Rock Point Nuclear Power -
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Station)
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CERTIFICATE OF SERVICE a
I hereby certify that copies of Emergency Request for an Immediate Order Requiring Licensee to Permit Entry Upon the Big Rock Point Site has been mailed postage pre-paid i
this 20th day of June,1980, to the following parties:
- Herbert Grossman, Esq.'
- Janice E. Moore, Esquire Atomic Safety & Licensing Counsel for NRC Staff Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555
- Dr.
Oscar H. Paris
- Joseph Gallo, Esquire Atomic Safety & Licensing Isham, Lincold & Beale Board Panel 1120 Connecticut Avenue, N.W.
U.S. Nuclear Regulatory Commission Washington, D.C.
20036 i
Washington, D.C.
20555 John O'Neill, II
- Mr. Frederic J. Shon Route 2, Box 44 Atomic Safety & Licensing Maple City, Michigan 49664 Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Docketing & Service Section (2)
U.S. Nuclear Regulatory Commission Washington, D.C.
20555 a
WE/b:!.W-:.Gb William S., Jordan, III
- HAND DELIVERY i
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