ML20024B059

Motion for Leave to File Reply Brief,By 830706,to NRC & Util 830630 Answers to Miami Valley Power Project 830603 Motion to Reopen Record to Admit Eight Contentions on QA & Util Character & Competence.Certificate of Svc Encl

ML20024B059
Person / Time
Site:	Zimmer
Issue date:	06/29/1983
From:	Devine T GOVERNMENT ACCOUNTABILITY PROJECT, MIAMI VALLEY POWER PROJECT
To:	NRC COMMISSION (OCM)
References
NUDOCS 8307050052
Download: ML20024B059 (4)

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UNITED STATES OF AMERICA %

NUCLEAR REGULATORY COMMISSION (; N (19 ch l ffy^s ,

In the Matter of: ) {2

) d[Jl jgO The Cincinnati Gas & Electric O Company, ~et al.

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) Dock}et No"50-358 /C/pp f y,

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W,m ig- n; (Wm. H. Zimmer Nuclear Power ) 3 ,f Station) )

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MVPP'S MOTION FOR LEAVE TO FILE A REPLY BRIEF Pursuant to 10 C.F.R. 5 2.730(c), the Miami Valley Power Project ("MVPP") through undersigned counsel moves for leave to file a reply brief by July 6, 1983 to the June 20, 1983 answers of the applicant and the Nuclear Regulatory Commission ("NRC ") staff to MVPP's June 3, 1983 motion to reopen the record for submission of eight contentions on quality assurance and character and competence.

Although MVPP recognizes that reply briefs are not permitted as a matter of right, it believes that its request is justified due to the following factors:

1. MVPP has researched applicant and NRC staff's legal briefs opposing reopened licensing hearings and has found misstatements of law due to incomplete analysis and inaccurate references on signi-ficant issues for this Board's decision. Neither applicant nor NRC staff has specifically contested the merits of the motion. As a result, MVPP submits it is essential that the record fully reflect i

the misleading and deceptive legal basis for these parties' reliance on technicalities to deprive the public of the only available forum to thoroughly challenge the adequacy of status quo programs designed to remedy the quality assurance breakdown at Zimmer.

8307050052 830629 PDR ADOCK 05000358 PDR G

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2. MVPP seeks the opportunity to introduce eight eight additional affidavits that it failed to submit for the record on June 3. At that time, MVPP postponed submission in deference to any staff objections that introduction of the affidavits would interfere with ongoing investigations. The staff has not made any such objection. These affidavits represent the principal basis for major portions of MVPP's proposed contentions and are essential to fairly and accurately evaluate the basis for MVPP's motion to reopen the record.

3. In response to the NRC staff's reversal of its previous support for public hearings, four witnesses have agreed to provide additional affidavits. Each affidavit is directly relevant to and highly significant evidence in support of the proposed quality assurance contentions. Two of the affidavits will expose the misleading obfuscation and inaccuracies in applicant's February 28, 1983 response to the NRC's September 24, 1982 Demand for Information pursuant to 10 C.F.R. 550.54 (f) . Since that document is the only public response by applicant to date to the specific allegations that underlie the eight proposed contentions, it is '

critical that these affidavits be admitted toidemonstrate the reasonableness of MVPP's contentions, as well as the drastic deviations between applicant's response and reality.

The other two affidavits will demonstrate that the effects of the quality assurance breakdown are so endemic that a comprehensive reinspection of accessible and inaccessible items in the plant is l essential. The statements will provide evidence of quality assurance 1

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. and hardware defects that dwarf anything yet publicly conceded by the applicant or NRC staff.

4. MVPP requests permission to file this reply brief on Wednesday, July 6. Counsel Lynne Bernabei is unable to prepare the brief due to her current participation in ongoing licensing hearings at the Midland nuclear power plant. The undersigned is expecting the already-overdue birth of his first child and is participating in the delivery. As a result, the undersigned seeks this Board's indulgence to avoid the possible necessity of choosing between the birth and filing a brief on behalf of MVPP at a critical stage in these proceedings. This request also is reasonable because no party would be prejudiced by the brief delay.

Respectfully submitted, Thomas Devine W

Counsel for Intervenor MVPP Government Accountability Project of the Institute for Policy Studies 1901 Que Street, N.W.

DATED: June 29, 1983 Washington, D.C. 20009 (202)234-9382

CERTIFICATE OF SERVICE i I hereby certify that copies of the foregoing Miami Valley Power Project's Motion for Leave to File a Reply Brief have been served upon the following by mailing first-class postage prepaid or by filing with the NRC internal mail service this 29th day of June, 1983.

• Judge John II. Frye, III Troy B. Conner, Esquire Chairman, Atomic Safety and Licensing Conner and Wetterhahn Board 1747 Pennsylvania Ave. NW U.S. Nuclear Regulatory Commission Washington, DC 20006 Washington, DC 20555 John D. Woliver, Esquire

• , Charles A. Barth, Esquire Clermont County Community Cot.ncil 4

Counsel for the NRC Staff Box 181 Office of the Executive Legal Director Batavia, Ohio 45103 U.S. Nuclear Regulatory Commission Washington, DC 20555 .

Br2an Cassidy, Esquire

'Dr. Frank F. Hooper Iogional Counsel Sierra Nevada Aquatic Research Federal Emergency Management Laboratory Agency - Region I Route 1 John W. McCormack POCH Box 198 Boston, Mass. 02109 Mammoth Lakes, CA 93546 George E. Pattison, Esquire Dr. Stanley M. Livingston Prosecuting Attorney of Administrative Judge Clermont County, Ohio 1005 Calle Largo 462 Main Street Sante Fe, New Mexico 87501 Batavia, Ohio 45103 -

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• Chairman, Atomic Saf ety and

• Docketing and Service Branch Licensing Appeal Board Panel Office of the Secretary -

U.S. Nuclear Regulatory Comm2 ssion.

U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555

• Chairman, Atomic Safety and David K. Martin, Esquire

!' Licensing Appeal Board Panel Assistant Attorney General U.S. Nuclear Regulatory Comm.tssion ing Director, Division of Washington, DC 20555 Environmental Law i

209 St. Clair Street Robert F. Warnick Frankfort, KY 40601 Director, Enforcement and Investigation William J. Moran, Esquire ce pesident and General Counsel NRC Region III 799 Roosevelt Road The Cincinnati Gas and Electric Glen *Ellyn, IL 60137 P PO B 9 Deborah Faber Webb, Esquire Cincinnati, Ohio 45201 l 7967 Alexandria Pike l Alexandria, KY 41001 l

Andrew B. Dennison, Esquire .

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Attorney at Law Thomas Devine 200 Main Street Batavia, Ohio 45103

• Internal NRC mail

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