ML20032B008
| ML20032B008 | |
| Person / Time | |
|---|---|
| Site: | Zimmer |
| Issue date: | 10/27/1981 |
| From: | Fisse L CLERMONT COUNTY, OH |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20032B006 | List: |
| References | |
| ISSUANCES-OL, NUDOCS 8111040269 | |
| Download: ML20032B008 (5) | |
Text
EXHIBIT ~"B" IfsR UNITED STttTES OF AMERICA g 30 P1*.N NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administration Judges:
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John H. Frye, III, Chairman oRANC Dr. Frank F. Hooper Dr. M. Stanley Livingston In the Matter of CINCINNATI GAS & ELECTRIC COMPANY Docket No. 50-358-OL (William H. Zimmer Nuclear Power Station, Unit 1)
MEMORANDUM IN SUPPORT OF INTERVENOR'S MOTION TO ASSERT SPECIFIC CONTENTIONS, ISSUES, OR SUBJECT MATTER OF PARTICIPATION The Board should note that negotiations and discussions towards satis-fying these contentions have occurred, and are in the process of continuing with regard to the satisfaction of the subject matter of the contentions submitted herein. The Board should further be advised that Intervenor Clermont County in-tends to make every possible effort in thos continuing negotiations to satisfy the subject matter of these contentions as submitted.
On or about May.1,1980 Intervenor, Clermont County, a political entity and subdivision of the State of Ohio, filed a Petition to participate in the matter of licensing of the William H. Zimmer Nuclear Power Station pursuant to 10 C.F.R.
Section 2.715 (c). Said section provides, in pertinent part:
"(c) The presiding officer will afford representatives of an interested State, county,, municipality,'and/or agencies thereof, a reasonable opportunity to participate and to introduce evidence, interrogate witnesses, and advise the commission without requiring the representative to take a position with respect to the issue.
Such participants may also file proposed findings and exceptions pursuant to Sections 2.754 and 2.762 ar.d Petitions for review by the commission pursuant to Section 2.786~.
The presiding office may require such representative to indicate with. reasonable specificity, in advance of the hearing, the subject matters on which he desires to participate."
This Petition was responded to by both the Applicant, on or about May 0ochg PDR
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. L 23, 1980, and by the N.R.C. staff..on or about May 30, 1980. TheApplIant, in v
its answer to the Petition of Clermont County to participate, did,not opposc'the admission of the county as e participant in the hearings, but'propos,e,d that the-
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county "must take the proceeding as it finds it", "does not seek to litigate issues on which hearing it complete"; and "that.at an appropriate time, it be-required to submit e specific statement of its position 1and the concret,e; issues it wishes considered at the hearing." The staff-of thefN.R.C. recommended:that the county be admitted to the proceeding with the only lindtation being;that 1.
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"Clermont takes the proceeding as'it finds it and_doei'not seek to relitigate-issues previously litigated." The staff further noted that "as an interested county, petitioner is not required to set forth contentions as a pre-c ndition to its participation in the proceeding.. Project Man:Agement Corporati n, et al.
(Clinch River Breeder Reactor Plant), ALAB-354, 4 NRC 383, 392-93 (1976-);-Gulf States Utilities Coropany (River Bend Station,' Units 1 a,d 2), ALAB-317, 3 NRC 175, 179 (1976); Id., ALAB-444, 6 NRC 760,.768; 10 CFR Section 2.715 (c)."
Clermont County was subsequently admitted as a participant'in the,
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proceedings.
On October 9,1981, the Atomic Safety and Licensing Board sitting ia the pending matter, issued a Memorandum and Order in which it was provided tha'.
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"The board notes that Clermont County, --- are participating in this proceeding, pursuant to 10 C.F.R. Section 2.715 (c). The board' directs these participants, i
to indicate in detail at the pre-hearing conference:the subject or subjects ypon which they intend to participate and the scope of such participation."
In furtherance of the position.of the County as a participant, in. m
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1 response to the board's order of October 9,1981, arid in con" sideration of all the parties participating herein, these contentions are submitted as the sub-
.. ject, subjects. and issues-upon which the county intends to participate at the
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i licens1ng hearing to be convened in this matter.
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Respectfully submitted, t
-s GEORGE E. PATTISON j
r Prosecuting Attorney
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~By: -LAWRENCE R. FISSE i '
Assistant Prosecuting Attorney s
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UNITED STATES OF AMERICA NUCLEAR REGULATORY CO191IS5 ION ji m.
.1r,h.the matter of
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a V-CERTIFICATE OF SERVICE I hereby certify that a copy of the Intervenor-Clermont County's 1
'- ' Motion to Admit' Specific Contentions dated October 27, 1981, in the scaptioned matter. have beca served upon the following by deposit in the
"1. United States mail this 27t'n day of October, 1981:
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- %_q John g\\.' Frye, III, Esq.
Chairman, Atomic Safety and Chairman, Atomic Safety Licensing Appeal Board Panel and Licensing Board U.S. Nuclear Regulatory Ik S. Nuclear Regulatory Commission 2
j C mmission 9
Washington, D.C.
20555 Washington, D.C.
20555 Chairm;'n, Atomic Safety and
& Dr. Frank F. Hooper, Member Licenting Board Panel Atomic 5 Safety and Licensing U.S. Nuclear Regulatory Board y
Commission s
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School of Natural Resources Washington, D.C.
20555 University of Michigan i
Ann Arbo,r, J4ichige.e 48109 Charles A.
Barth, Esq.
i Dr. Mr Stanley Livingston
. Counsel for the NRC Staff Office of the Executive Legal.
Atomic ~ Safety and Licensing Director Board U.S. Nuclear Regulatory 1035 Calle Largo Commission Santa Fe, New Mexico 87501 Washington, D.C.
20555 Richard S. Salzman, Esq.
William J. Moran, Esq.
Chairmen, Atoiri c Safety and General Counsel Licensing ' Appeal Boged Cincinnati Gas & Electric U.S.
Nuclear Regulatory -
Company Commissior.
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Post Office Box 960 Washington, D.C.
20555 Cincinnati, Ohio 45201 x
Dr. 'fawrence,R.
QuarJes Mr. Chase R.
Stephens Atomic ~.Safetf.aad LLicensing Docketing and Service Branch N
AppealsBoarh U.S. Nuclear Regulatory h
- 4. S. Nucl@rjegu'latory Commission A
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Washington, D.C.
20555
, 3 Weppington,- D,p.
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1 John D. Wo*iver, Esq.
1 William Peter Heile, Esq.
Assistant City Solicitor Clermont County Community Council City.of Cincinnati Box 181 Box 214 Cincinnati, Ohio -45202 Batavia, Ohio 45103-David K. Martin, Esq.
Mrs. Mary Reder Assistant-Attorney General Box 270 Acting Director Route 2 Cali.fornia, Kentucky 41007 Division of Environmental Law Office of Attorney General 209 St. Clair Street Andrew B.. Dennison, Esq.
Frankfort, Kentucky 40601 Attorney at Law 200 Main Street Batavia, Ohio 45103 Troy B. Conner and Mark J. Wetterhahn Conner & Moore James R. Feldman, Jr., Esq.
17:+7 Prinnsylvania Avenue, N.W.
216 East Ninth Street Washinyt n, D.C.
20006 Cincinnati, Ohio 45202 h c' v w r/ 0 I
LAWRENCE ~R. FIS6E Assistant Prosecuting Attorney Clermont County, Ohio 3
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