ML19331D875

Response to Parties' Comments on Contention 5 Per ASLB 800714 Order Re Potential Hazards of Irradiated Fuel Transportation.Urges Same Degree of Protection for Residents of Nonurban Areas.Certificate of Svc & Address Change Encl

ML19331D875
Person / Time
Site:	Zimmer
Issue date:	08/26/1980
From:	Fankhauser D, Woliver J FRANKHAUSER, D.D., WOLIVER, J.D.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8009030693
Download: ML19331D875 (5)

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Office Of the Secretary [/

Decleting & Senice Brant- i In the Matter of  : 4 s

ru THE CINCINNATI GAS 3 ELECTRIC  : Docket No. 50-358 COMPANY, et al.  :

(Wm. H. Zimer Nuclear Power  :

Station)  :

DR. FANKHAUSER'S RESPONSE TO OTHER PARTIES' CO.'MENTS ON CONTENTION FIVE Pursuant to the atomic safety and licensing board's July 14, 1980 order, Dr. Fanthauser is responding herein to coments made by other parties on Conten-tion 5, while reserving his right to further respond to coments that may be made by the State of Kentucky at a later time.

It has been suggested that Dr. Fankhauser is attempting to expand his contention 5 so that it be included within the parameters of 10 C.F.R. 573.37 in order to avoid summary disposition of this contention. This position, assumed by the applicants, misses the import of Contention 5. While 10 C.F.R. 573.37 requirements are included in Contention 5, contention 5 includes several other i

elements beyond the threat to urban areas of sabotage.. Along this same reason- ,

ing, Dr. Fankhauser adopts the position MV P that 10 C.F.R. $50.40 (c) and federal law empower the Comission to protect the public by insuring that the '

'l $ 4 issuance of an operating license will nor.be inimical to the common defense and security or to the health and safety of ttie public. It is conceded by all in the parties that operation of the Zimer Nuclear Power Station will result If the necessity of transporting irradiated fuel at: some 2 future point... ~ ?,

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' ' Ctemissica decs nst cddress all p:ssibla thracts to hscith cnd sc* sty crussd by the transportation of irradiated fuel b:ycnd thoso cutlin2d in 10 C.F.R. 573.37, it will be in violation of 10 C.F.R.150.40 (c). The Commission's inaction on i Contention 5 at this time will result in local governments, without the expertise and assistance of the Commission, either having to make plans to  :

deal with potential hazards of transportation of irradiated fuel or alterna-tively simply taking steps to outlaw the transportation of these materials through their locales.

It is clear that in the event of a transportation accident, appropriate and timely reaction by an effective populace would vastly improve their ability to prot'ect themselves. An awareness that such shipments would be taking place is crucial to ef ficient community reaction to any radioactive spills. Proper training of local agencies (police, fire department and life squad) in the fields of radiation monitoring, handling of spilled radioactive materials, and handling and decontamination of affected individuals, would also be vital to the preclusion of avoidable effects of a transportation accident. For example, a common practice used to deal with accidents involving certain non-radioactive materials is to hose them of f the highway into local sewers or waterways. Such a practice could seriously exacerbate contamination from spilled radioactive materials. While the applicants may have no idea where they will ship spent fuel from the Zimmer Power Station, it is most likely that routes will include one of the following:

a. Through or near downtown Cincinnati via a highly congested road such as Eastern Avenue; .

b. Around Cincinnati via Interstate-275; or

c. Across the Ohio River via barge to a rail link.

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1. Tho first tws routos wruid clocely involv3 hocvily p:pulcted crocs cnd hecvily traveled routes.

The third could have a far reaching effect in the event of an accider.t by contaminating the drinking water of millions of persons living Consultations with downstream from Zimmer in the Ohio and Mississippi valleys.

local of ficials will be important to identify unique local f actors and most appropriate routes to be used for shipment.

Dr. Fankhauser also incorporates the views of the City of Mentor concerning the Commission's adherence to the narrow scope of 10 C.F.R. $73.37 by ignoring If the Commission only deals with'toans-the potential hazards to rural areas.

portation hazards in the context of 10 C.F.R 573.37, it in effect is admitting that certain hazards associated with the transportacion of irradiated fuel exist, but it is only taking action to protect those persons who reside in urban areas. The Constitutional consequences of this position are obvious. By not af fording residents of non-urban areas the same degree of protection and planning it is providing to urban areas, this position would be violative of the Dr. Fankhauser reiterates Fif th Amendment to the United States Constitution.

and incorporates herein these very concerns graphically and cogently expressed See Mentors Response To Licensing Board Order Of July by the City of Mentor.

14,198'J Relating To Of f Site Shipment Of Spent Fuel, at p. 2-3.

Respectfully Submitted, John Woliver Attorney for Dr. Fankhauser Clermont County Legal Aid Society P.O. Box 47, 550 Kilgore Street Batavia, Ohio 45103 (513) 732-2422

_ e Certificate of Service Copies of the foregoing were mailed ato all parties in the proceeding this [d day of August, 19.80

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' : s .w In the Matter of  : 4' s

n THE CINCINNATI CAS & ELECTRIC  : Docket No. 50-358 COMPANY, et al.  :

(Wm. H. Zimmer Nuclear Power  :

Station  :

Notice of Changed Address John Woliver, attorney for Dr. Fankhauser hereby gives notice that for purposes of service in this preceeding bis mailing address now is: John Woliver Legal Aid Society P.O. Box #47, 550 Kilgore Street Batavia, Ohio 45103 His telephone nunber renains 513-732-2422.

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' John Woliver Attorney for Dr. Fankhauser l

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