ML20024A666

Response Opposing Motions to File Amicus Curiae Brief in Support of Miami Valley Power Project Motion to Reopen Record for Admission of Eight QA Contentions.Certificate of Svc Encl

ML20024A666
Person / Time
Site:	Zimmer
Issue date:	06/20/1983
From:	Wetterhahn M CINCINNATI GAS & ELECTRIC CO., CONNER & WETTERHAHN
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20024A663	List: ML20024A662 ML20024A666
References
NUDOCS 8306220036
Download: ML20024A666 (7)

Text

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MUCLEAR REGULATORY CCMMISSION - A 4/ D Before the Atomic Safety and Licensing Board In the Matter of )

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The Cincinnati Gas & Electric ) Docket No. 50-358 Company, et al. )

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(Wm. H. Zimmer Nuclear Power )

Station) )

APPLICANTS' ANSWER TO VARIOUS MOTIONS TO FILE AN AMICUS CURIAE BRIEF IN SUPPORT OF MIAMI VALLEY POWER PROJECT'S MOTION TO REOPEN Preliminary Statement Various non-parties to the captioned proceeding have filed petitions with the Atomic Safety and Licensing Board

(" Licensing Board" or " Board") each seeking leave to submit an amicus curiae brief in support of the motion by Miami Valley Power Project ("MVPP") to reopen the record for admission of its eight late contentions on quality assurance at tha Wm. H. Zimmer Nuclear Power Station ("Zimmer").

These various groups fare Appalachia-Science in the Public Interest ("ASPI"), Cumberland Chapter of the Sierra Club

(" Sierra Club"), Nuclear Study Committee of the Church of the Brethren (" Church of the Brethren"), and Coalition for Affordable, Safe Energy (" CASE").1/ As-discussed belcw, the 1/ In an order dated June 7, 1983, the Board set the time for filing responses to the requests of ASPI and Sierra (Footnote Continued) 830A22OOd6 830620 PDR ADOCK 05000358 G PDR k m.

s 4 grapesed amicus' submissions are not authorized by the Rules

1 Practice of the Nuclear Regulatory Commission ("NRC" or "Cc= mission"), substantively do not ccnstitute a legal brief, and provide no assistance to-the Board in determining the legal issues before it. The requests of these non-parties should be denied.

Argument The Commission's Rules of Practice do not authorize the filing of an amicus brief with an Atomic Safety and Licens-ing Board. The only authority cited by these non-parties as a basis for their submission's is 10 C.F.R. 52.715. Under the express terms of Section 2.715(d), however, amicus briefs may be submitted only to the Appeal Board or the Ccmmission. No authority exists for the receipt of an amicus filing by a Licensing Board. Additionally, the proposed amicus. submissions substantively do not resemble an appropriate amicus brief, nor are they submitted for an appropriate purpose. . None of the submissions discusses, as would a brief, the governing legal authorities or standards for the admission of late contentions or for the reopening f

of a closed proceeding. In essence, the proposed (Footnote Continued)

Club to coincide with the time for filing responses to MVPP's motion to reopen. The time for filing responses to other requests is to be governed by 10 C.F.R. 52.730(c). Because the issues raised by these requests are identical, Applicant addresses all of them in this answer.

submissions merely state the generalized interest of these particular organizations in the Zimmer facility. Thus, the motions fail to offer any assistance to the Licensing. Board in determining the legal issues before it. Rather, these submissions are a transparently orchestrated attempt to create the impression that grass roots support exists for MVPP's motion.to reopen.S! The premise of the motions, that a hearing is necessary as a vehicle by which the NRC can improve its public relations, has been explicitly rejected by the Commission.3/ At most, these views should be accept-ed as a limited appearance statement pursuant to 10 C.F.R.

S2.715 (a) . Accordingly, these motions should be denied.

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-2/ As indicated by the motion for extension of time filed on June 10, 1983, by ASPI and the Sierra Club, the efforts of these organizations are closely coordinated, if not in fact a joint effort.

3_/ The Cincinnati Gas & Electric Company (Wm. H. Zimmer Nuclear. Power Station, Unit No. 1) , CLI-82-20, 16 NRC 109 (1982).

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Conclusion For_ the reasons . discussed above , Lthe ' motions of these non-parties should be denied.

Respectfully submitted, CONNER &.WETTERHAHN P.C.

Troy B. Conner, Jr.

Mark J. Wetterhahn Robert M. Rader Counsel-for the Applicants June 20, 1983 i

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UNITED STATES OF AMERICA NUCLEAR-REGULATORY COMMISSION

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In the Matter of ) f

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The Cincinnati Gas & Electric ) Docket No. 50-358 '"-

Company, et al. )

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(Wm. H . Zimmer Nuclear Power )

Station) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Answer to MVPP's Motion to Reopen the Record for Admission of Eight Contentions on Quality Assurance" and " Applicants' Answer to Various Motions.to File an. Amicus Curiae Brief in-Support of

~

Miami Valley Power Project's Motion to Reopen"*' both dated June 20, 1983, in the captioned matter, have been served

.upon the following.by deposit in the United States mail this 20th day of June, 1983:

Alan'S. Rosenthal,-Chairman Dr. Frank.F'. Hooper -

Atomic S'afety.and Licensing . Chairman of Resource AppealiBoard . -Ecology Program.

U.S. Nuclear Regulatory School of Natural Commission Resources Washington, D.C. 20555 University of Michigan Ann Arbor, MI 48104 Stephen F. Eilperin

-Atomic Safety and Dr. M. Stanley ~Livingston l

Licensing Appeal Board Administrative Judge U.S.' Nuclear Regulatory 1005 Calle Largo Commission Sante Fe, NM 87501 Washington, D.C. 20555 Chairman, Atomic Safety Howard A. Wilber and Licensing Appeal Atomic Safety and Board Panel Licensing Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission

Commission Washington, D.C. 20555 Washington, D.C. 20555 Chairman, Atomic Safety Judge John H. Frye, III and Licensing Board l Chairman, Atomic Safety and Panel l Licensing Board U.S. Nuclear Regulatory  ;

l U.S. Nuclear Regulatory Commission- '

l Commission Washington, D.C. 20555 L

Washington, D.C. 20555 L --

go,

• Charles A. Barth, Esq. David K. Martin, Esq.

Counsel for the NRC Staff Assistant Attorney General Office of the Executive Acting Director Legal Director . Division of U.S. Nuclear Regulatory Environmental Law Commission Office of Attorney General Washington, D.C. 20555 209 St. Clair Street

' Frankfort, Kentucky 40601

Deborah Faber Webb, Esq.

7967 Alexandria Pike George E. Pattison, Esq.

Alexandria, Kentucky 41001 Prosecuting Attorney of Clermont County, Ohio Andrew B. Dennison, Esq. 462 Main Street Attorney at Law Batavia, Ohio 45103 200' Main Street Batavia, Ohio 45103 William J. Moran, Esq.

Vice President and Lynne Bernabei, Esq. General Counsel Government Accountability The Cincinnati Gas &

Project /IPS Electric Company 1901 Q Street, N.W. P.O. Box 960 Washington, D.C. 20009 Cincinnati, Ohio 45201 John D. Woliver, Esq. Docketing and Service Clermont County Branch Office of the Community Council-; Secretary U.S. Nuclear Box 181 Regulatory Batavia, Ohio. 45103 ^

Commission Washington, D.C. 20555 Brian'Cassidy, Esq.

Regional Counsel Stephen H. Lewis, Esq.

Federal Emergency ~ U.S. Nuclear Regulatory Management Agency Commission

-Region ~I Region III John W. McCormick POCH 799 Roosevelt Road l Boston, MA 02109 Glen Ellyn, Illinois 60137 l

l MagfJ.Wetterhahn

- cc: Robert F. Warnick Director, Enforcement and Investigation NRC Region..III 799 Roosevelt Road i

. Glen Ellyn, Illinois -60137

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• . Copies of this pleading are also'being sent to:

Mary Davis-Appalachia--Science in-the

-Public Interest

. P.-O. Box 298 Livingston, Kentucky- 40445 M. B. Davis Cumberland Charcer of the Sierra Club 259 West Short Street Lexington, Kentucky 40507 Velma M. Shearer, Chairperson Nuclear Study Committee Southern Ohio District Church'of the Brethren 6987. Union Road Clayton, Ohio 45315 Phillip W. Amadon Coalition for Affordable, Safe Energy 3516 Vine Street Cincinnati, Ohio 45220 d

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