ML19323G310
| ML19323G310 | |
| Person / Time | |
|---|---|
| Site: | Zimmer |
| Issue date: | 05/30/1980 |
| From: | Barth C NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8006020146 | |
| Download: ML19323G310 (5) | |
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UNITED STATES OF AMERICA o
NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of CINCINNATI GAS AND ELECTRIC Docket No. 50-358 COMPANY, et a_1_.
(Wm. H. Zimmer Nuclear Pcwer Station, Unit No.1)
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NRC STAFF RECOMMENDATIONS THAT THE COUNTY OF CLERMONT BE ADMITTED TO THIS PROCEEDING INTRODUCTION By a petition dated May 1,1980, the County of Clemont, State of Ohio, the county in which the proposed Zimmer facility is located, has petitioned to be admitted as a participant in these proceedings pursuant to 10 C.F.R.12.715(c).
According to the petition, there are approximately twenty-seven thousand (27,000) residents of the County living within a ten-mile radius of the proposed Zimmer facility. As discussed more fully below, the County seeks to participate on the issues of emergency preparedness and radiological monitoring. The petition is unopposed by the Applicants.
DISCUSSION In its petition, Clemont County expresses its " concern"S regarding the adequacy of emergency preparedness plans for the County and the implementation d1 As an " interested county," petitioner is not required to set forth con-tentions as a precondition to its participation in the proceeding.
Project Management Corporation et al. (Clinch River Breeder Reactor Plant) ALAB-354, 4 NRC 383, 392-93 (1976); Gulf States Utilities Company (River Bend Station, Units i and 2), ALAB-317, 3 NRC 175,179 (1976); id., ALAB-444, 6 NRC 760, 768; 10 C.F.R.12.715(c).
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- of such evacuation plans.
It is also concerned with the monitoring of possible radiological releases from the plant.
Both of these issues have been deferred by the Licensing Board at the request of the Staff and will be heard at a future date. Accordingly, the County's participation should not delay this proceeding.
Moreover, it appears likely that the expertise of Clermont County officials (those who are the most directly concerned with emergency preparedness and implementation of emergency plans) may assist in developing a sound record in this proceeding with respect to the two issues delineated above. Accordingly, the Staff supports the admission of Clennont County as a participant, provided Clennont takes the proceeding as it finds it and does not seek to relitigate issues previously litigated. This is the same position taken by the Staff upon the petitions to intervene filed by the State of Kentucky and the City of Mentor, Kentucky.S CONCLUSION The Staff recommends the admission of Clermont County as a participant pursuant to 10 C.F.R. 52.715(c) upon the same terms and conditions as the Board imposed when it admitted the State of Kentucky and the City of Mentor, i.e_. that the 3 s the Appeal Board noted in Pacific Gas and Electric Company (Diablo A
Canyon Nuclear Power Plant, Units 1 and 2), ALAB-583,10 NRC (March 12, 1980), Slip Op. at 4,10 C.F.R. 52.715(c) directs the presiding officer to afford interested governmental subdivisions "a reasonable opportunity to participate." Permitting the participation by Clermont County at this time would be consistent with that direction, given the fact that the subject matters delineated by the County have not yet been heard.
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County take the proceeding as it finds it and does not seek to relitigate issues previously heard.
Respectfully submitted, 23b 9 et Charles A. Barth Counsel for NRC Staff Dated at Bethesda, Maryland this 30th day of May, 1980 4
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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CINCINNATI GAS AND ELECTRIC
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Docket No. 50-358 COMPANY, et al.
(Wm. H. Zimmer Nuclear Power
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Station, Unit No.1)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RECOMMENDATIONS THAT THE COUNTY OF CLERMONT BE ADMITTED TO THIS PROCEEDING" 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 30th day of May, 1980:
Charles Bechhoefer, Esq., Chairman
- Leah S. Kosik, Esq.
Atomic Safety and Licensing 3454 Cornell Place Board Panel Cincinnati, Ohio 45220 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 W. Peter Heile, Esq.
Assistant City Solicitor Dr. Frank F. Hooper Room 214, City Hall School of Natural Resources Cincinnati, Ohio 45220 University of Michigan Ann Arbor, Michigan 48109 Timothy S. Hogan, Jr., Chairman Board of Commissioners 1
Mr. Glenn 0. Bright
- 50 Market Street Atomic Safety and Licensing Clermont County Board Panel Batavia, Ohio 45103 "I
U.S. Nuclear Regulatory Commission Washington, D.C.
20555 John D. Woliver, Esq.
j Clermont County Community Council Troy B. Conner, Esq.
Box 181 I
Conner, Moore and Corber Batavia, Ohio 45103 1747 Pennsylvania Avenue, N.W.
Washington, D.C.
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William J. Moran. Esq.
Atomic Safety and Licensing General Counsel Aopeal Board
- Cincinnati Gas & Electric Company U.S. Nuclear Regulatory Comission P.O. Box 960 Washington, D. C.
20555 Cincinnati, Ohio '45201 Docketina and Service Section*
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. Atom c Safety and Licens ng Office of the Secretary r
, Board Panel
- U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washington, D. C.
20555 Washington, D. C.
20555 Robert A. Jones David Martin, Esq.
Prosecuting Attorney of Office of the Attorney General Clermont County, Ohio 209 St. Clair Street 154 Main Street First Floor Batavia, Ohio 45103 Frankfort, Kentucky 40601 Mrs. Mary Reder i
Box 270, Rt. 2 California, Kentucky 41007 Dale D. Brodkey Assistant Attorney General Division of Environmental Law Office of Attorney General 209 St. Clair Street Frankfort, KY 40601 I
Roy P. Lessy /f
-4 Counsel for NKC Staff t
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