ML20003J282
| ML20003J282 | |
| Person / Time | |
|---|---|
| Site: | Zimmer |
| Issue date: | 05/07/1981 |
| From: | Barth C NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8105110162 | |
| Download: ML20003J282 (5) | |
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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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COMPANY, et al.
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Ns!$w% dI (Wm. H. Zimmer Nuclear Power Station, Unit No. 1)
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NRC STAFF RESPONSE TO MOTION OF k
HIAMI VALLEY POWER PROJECT TO RE-0 PEN THE HEARING IN REGARD TO APPLICANTS' FINANCIAL QUALIFICATIONS On April 21, 1981, the Miami Valley Power Project (MVPP) filed a motion to reopen the proceeding, alleging in its motion and supporting nemorandum:
"for the reason that new and material evidence unavail-able to intervenor at the time of the last evidentiary hearing has just been made available to intervenor and for the further reason that such information may indicate that witnesses for the applicants may have perjured them-selves at the last evidentiary hearing concerning contention 13...." [ Motion]
"At the evidentiary hearing in this matter during the week of March 2, 1981, counsel for the intervenor of Miami Valley Power Project inquired of witnesses for the applicants as to the costs they would incur in order to provide replace-ment power in the event of a total shut-down of the Zimmer Plant. ' Defendant's answered that there would be little or no costs since the power from Zimmer was not necessary due to the applicant's reserve capacity.
On April 6,1981, counsel for intervenor MVPP received in the mail a letter from Mr. E. A. Borgmann to Mr. Harold Denton, dated April 2,1981, in which Mr. Borgmann provided information as to the monthly costs to maintain the Zimmer Plant in an inactive status.
In that letter (a copy of which is attached hereto as Attachment 1) he indicates a 5.3 million dollar monthly cost for the replacement power in the event that Zinraer Plant is inactive."
[ Memorandum]
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. s Staff counsel has reviewed the transcript of the hearing held on March 2, 3 and 4,1981 and is not able to find testimony on behalf of the applicants' that if Zimmer were shut-down there would be little or no cost for replacement power (as MVPP alleges to have occurred). MVPP cites no tr script page or other identification as to where this alleged perjury took place.
As to the April 8,1981 letter from Borgmann (CG&E) to Denton (NRC) referencing a 5.3 million dollar monthly replacement power cost, this does no more than reiterate what is already in the record.
See testimony of Wayne Britz, page 4, following transcript page 2967; See also, testimony of Kevin Rooney page 7, following transcript page 2937. Mr.
Borgmann's letter of April 8,1981 far from being new material, merely repeats the testimony already in the record. The transcript for August 9, 1979 indicates that Mr. Feldman, counsel for MVPP was present during the testimony of Mr. Rooney and Mr. Britz, both of whom were cross-examined by
!!VPP.
Standards for reopening the record are set forth in Kansas Gas and Electric Company et al (Wolf Creek Generating Station, Unit I), ALAB-462, 7 NRC 320, 338 (1978), and Pacific Gas and Electric Company (Diablo Canyon Nuclear Power Plant Units 1 and 2) CLI-81-5, April 1981,12 NRC.
The movant has a heavy burden to show that there is new and significant information which would require that a different result be reached. The Commission further stated "We emphasize that bare allegations or simple submission of new contentions is not enough" Diablo Canyon, CLI-81-5, supra. Here, there is no new information - rather, the intervenors' only restate the same information that was introduced into the record at
the hearing held en Tuesday, August 9,1979. The Intervenors have done no more than simply allege without fact or basis or citation that a perjury was committed. For the foregoing reasons, the Intervenors' Motion to Reopen should be denied.
Respectfully submitted, Charles A. Barth Counsel for NRC Staff Dated at Bethesda, flaryland this 7th day of May, 1981 4
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of l
CINCINNATI GAS AND ELECTRIC Docket No. 50-358 COMPANY, ej al.
(Wm. H. Zimmer Nuclear Power Station, Unit No. 1 CERTIFICATE OF SERVICE I hareby certify that copies of NRC STAFF RESPONSE TO MOTION OF MIAMI VALLEY POWER PROJECT TO RE-0 PEN THE HEARING IN REGARD TO APPLICANTS' FINANCIAL QUALIFICATIONS 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 7th day of May, 1981.
Charles Bechhoefer, Esq., Chairman Timothy S. Hogan, Jr., Chairman Atomic Safety and Licensing Board Panel Board of Commissioners U.S. Nuclear Regulatory Commission 50 Market Street, Clermont County Washingie, D.C.
20555
- Batavia, Ohio 45103 Dr. Frank F. Hooper John D. Woliver, Esq.
School of Natural Resources Legal Aid Society University of Michigan P.O. Box #47 Ann Arbor, Michigan 48109 550 Kilgore Street Batavia, Ohio 45103 M. Stanley Livingston Administrative Judge William J. Moran, Esq.
1005 Calle Largo General Counsel Santa Fe, New Mexico 87501 Cincinnati Gas & Electric Company P.O. Box 960 Troy B. Conner, Esq.
Cincinnati, Ohio 45201 Conner & Moore 1747 Pennsylvania Avenue, N.W.
Atomic Safety and Licensing Board Washington, D.C.
20006 Panel U.S. Nuclear Regulatory Commission j
James H. Feldman, Jr., Esq.
Washington, D.C.
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- 216 East 9th Street Cincinnati, Ohio 45220 David Martin, Esq.
Office.of the Attorney General W. Peter Heile, Esq.
209 St. Clair Street Assistant City Solicitor First Floor Room 214, City Hall Frankfort, Kentucky 40601 Cincinnati, Ohio 45220 George E. Pattison, Esq.
Mrs. Mary Reder Clermont County Prosecuting Attorney Box 270, Rt. 2 462 Main Street California, Kentucky 41007 Batavia, Ohio 45103 Lawrence R. Fisse, Esq.
Assistant Prosecuting Attorney 462 tfain Street Batavia, Ohio 45103 Atcmic Safety and Licensing Appeal Board U.S. fluclear Regulatory Comission Washington, D.C.
20555
- Docketing and Service Section Office of the Secretary U.S. fluclear Regulatory Comission Washington, D.C.
20555
- Andrew B. Dennison, Esq.
200 Main Street Batavia, Ohio 45103 i
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Charles A. Barth Counsel for f1RC Staff i
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