ML20031G486
| ML20031G486 | |
| Person / Time | |
|---|---|
| Site: | Zimmer |
| Issue date: | 10/09/1981 |
| From: | Frye J Atomic Safety and Licensing Board Panel |
| To: | NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| References | |
| ISSUANCES-OL, NUDOCS 8110220473 | |
| Download: ML20031G486 (4) | |
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'i %'D UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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ATCMIC SAFETY AND LICENSING BOARD lu-
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y, John H Frye, III,' Chairman
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M. Stanley Livingston Frank F. Hooper
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e-In the Matter of
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50-358-OL CINCINNATI GAS & ELECTRIC COMPANY, g a S 8f
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October 9, 1981 tc u.s uNd% won fj; su q,
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SERVED OCT 131981 MEMORANDUM AN The purpose of this Memorandum and Order is to set forth, the topics which the Board wishes the parties to address at the prehearing conference to be held October 29 and 30, 1981.
The Board wishes to conclude the hearings on the remaining contentions in this case as expeditiously as possible.
These contentions concern emeigency planning and monitoring. Specifically, the Board notes that the following con-tentions remain:
Dr. Fankhauser's contentions 2 through 4; City of Cincinnati's contentions 7 through 10, 18 and 19; ZAC-ZACK's contentions 'J through 32.
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I It appears that all of these contentions were advanced prior to the adop-B tion of the Commission's present emergency planning regulations.
- Further, ZAC-ZACK's contentions were admitted conditionally in light of the evolving state of the Commission's regulations at the time they were advanced.
(See LBP-80-19, 12 NRC 67 [1980] and LBP-80-14,11 NRC 570 [1980].
On September 30, 1981, Counsel for Applicants wrote the Board to indicate that the following materials were being furnished to the Board and parties under separate cover:
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Kentucky Radiological Emergency Plan for Fixed Nuclear Facilities;
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Kentucky Radiological Emergency Plan for the Wm. H. Zimmer Nuclear Power Station; 3.
Bracken County Radiological Emergency Plan for the Wm. H. - Zimmer Nuclear Power Station; 4.
Campbell County Radiological Emergency Plan for the Wm. H. Zimmer Nuclear Power Station; 5.
Pendleton County Radiological Emergency Plan for the Wm. H. Zimmer Nuclear Power Station; and 6.
Clermont County Radiological Emergency Response Plan (later additions to be provided).
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Counsel further indicated that on July 1,1981, Applicants had submitted Amend-ment 123 to the application (containing Revision 1 to the Zimmer Plant Emergency Plan) and had earlier transmitted the State of Ohio Nuclear Power Plant Emer-gency Response Plan. Counsel noted that the offsite emergency plans will be revised after the completion of the emergency planning exercise.
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.. Additionally, there is pending " Applicants' Motion to Begin Hearings on Emergency Planning and Monitoring and for Other Supportive Relief" of July 9, 1981.
In light of this background, the Board wishes the parties to address the following matters at the prehearing conference:
1.
The current status of the development of offsite emergency plans; 2.
The status and results_of any negotiations between or among the parties with respect to settlement of contentions; 3.
The identification of any contentions which the sponsoring party no longer intends to pursue; 4.
The acceptability of the contentions in light of the Commission *3 existing emergency planning regulations and guidance, inci ding any t
revisions to the contentions which may be made neceisary by those regulations; 5.
The revision and further specification of contentices in light of discovery and/or evolving emergency plans; 6.
The results of the sponsoring parties' efforts to consolidate conten-tions and appoint lead intervenors (see LBP-80-19,12 NRC at 75-76);
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The consolidation of contentions and appointment of lead intervenors as necessary; 8.
The schedule for hearing the contentions (the Board contemplates com-mencing the hearing on December 14, 1981); and 9.
Any other matters appropriate to completing prehearing procedures with respect to emergency planning and monitoring contentions.
The parties are directed to confer among themselves prior.to the prehearing conference with respect to these matters.
Specifically, the Board wishes the
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. a parties to attempt to reach agreement as to the acceptability, specificity and consolidation of contentions.
Further, Intervenors should confr.r among them-selves with respect to the aopointment of lead intervenors to present evidence and conduct cross-examination.
Following the prehearing conference, the Board intends to issue a Memoran-dum and Order specifying the contentions to be heard, consolidating appropriate contentions, and appointing lead intervenoes.
The Board notes that Clermont County, City of Mentor, and the State of Kentucky are participating in this proceeding, pursuant to 10 CFR 2.715(c).
i The Board directs these participants to indicate in detail at the-prehearing conference the subject or subjects upon which they intend to participate and the scope of such participation.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
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John F ye, III, Chairman ADMINI ATIVE JUDGE Dated at Bethesda, Maryland, this 9th day of October, 1981.
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