ML20032E036
| ML20032E036 | |
| Person / Time | |
|---|---|
| Site: | Zimmer |
| Issue date: | 10/21/1981 |
| From: | Woliver J CLERMONT COUNTY LEGAL AID SOCIETY, FRANKHAUSER, D.D. |
| To: | |
| References | |
| ISSUANCES-OL, NUDOCS 8111190537 | |
| Download: ML20032E036 (4) | |
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00CKETc.0 USNRL UNITED STATES OF AMERICA N. iCT 27 P254 NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY,AND LTCENSING BOARD OFFICE OF SECRETAF.Y DOCKETING & SERVICE BRANCH U
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In the Matter of Of O
ocket No.
50-358-OL k'
$9 Y3 ;
THE CINCINNATI GAS & ELECTRI,
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DR. FANKHAUSER'S PRE-HEARING l
COMPANY, et al.
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/g$TATEMENTOFPOSITION g'g, /
(Wm. H. Zimmer Nuclear Power Station)
N Pursuant to the Lie sing Board's October 9, 1981 memorandum requesting the various parties' positions on specified pre-hearing conference topics,. Inter-venor Dr. Fankhauser submits the following as his position.
1.
The status and results of any negotiations between or among the parties with respect to settlement of contentions.
With respect to Dr. Fankhauser's contentions, no negotiations for the puroose of settlement have been persued between the applicants and Dr.
Fankhauser.
2.
The identification of any contentions which the sponsoring party no longer intends to pursue.
The possibility exists that Dr. Fankhauser may choose to withdraw one of his contentions or a subpart thereof; however, such action would be premature at this point.
Dr. Fankhauser, along with the other parties, has very recently 0ochh58 PDR Ny l i
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i received the various counties' Radiological Emergency Plans in addition to the Kentucky Radiological Plan from the applicants.
These Plans must first be thoroughly analyzed before any contentions may be withdrawn.
Furthermore, an analysis of these Plans may generate the need for discovery, either formal or informal, for clarification purposes.
Finally, it is unlikely that any conten-tions would be withdrawn until all relevant materials relating to emergency planning are reviewed, including state and county operating procedures, and after the emergency drill is had and reviewed.
3.
The revision and further specification of contentions in light of discovery or evolving emergency plans.
Dr. Fankhauser's'c6HIentions were drawn several years ago and discussed the need for emergency planning and monitoring in a somewhat general manner.
Therefore, where appropriate Dr. Fankhauser will endeavor to make his conten-cions more specific. Again, as in the case of withdrawal of any contentions, revisions of his contentions could be more thorough once the Emergency Plans are analyzed bv him and the applicants or appropriate governmental bodies supply additir nformttien.
4.
results of the sponsoring parties' efforts to consolidate con-c entions and appoint lead intervenors.
Counsel for Dr. Fankhauser has recently discussed this possibility with intervenor Zimmer Area Citizens and the City of Mentor. Additionally, brief conversations on this subject have been held with counsel for Clermont County.
While the possibility for consolidation of some contentions exist, additional time will be needed before such a determination can be made. '
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,s 5.
The schedule for hearing the contentions.
The The tentative December,1981, hearing date is _ f ar too premature.
December hearing date gives intervenors a very short time to do the nacessary review of the recently received Emergency Plans and -is f ar too close_ t'o the date of the scheduled emergency drill in November. As previously stated, Interveno'r to conduct discovery as a result of his review of the Fankhauser may want documents the applicants have recently submitted.
Fur th e rmore, Clermont County has been heretofore unwilling to provide informal discovery to various inter-The degree of cooperation by Clermont County will either enhance or,
venors.
hinder the ability of the intervenors to prepare for the upcoming hearings.
Respect fully submitted, ALU/-
ohn Woliver Attorney for Intervenor Dr. Fankhauser Clermont County Legal Aid Society, P.O. Box #47, 550 Kilgore Street Batavia, Ohio 45103 (513) 732-2422 CERTIFICATE 05 SERVICE I hereby certify that true copies of the foregoing were mailed to the following this d/
day of October, 1981.
Michael C. Farrar, Esq.
John H. Frye III Atomic Safety and Licensing Chairman, Atomic Safety and Licensing Board Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 _
~.
es Dr. Frank F. Hooper, Member ~
Chairman, At omic Safety and Atomic Safety.and Licensing Licensing Appeal Board Panel Board U.S. Nuc icar Regulatory -
School of Natural Resources Commission University;of 2:ichigan Washington, D.C..
20555 Ann Arbor, Michigan 48109
'Dr. M. Stanley Livingston Chairman, Atomic Safety and Atomic Safety and Licensing Licensing Board Panel Board
'U.S. Nue f. ear Regulatory 1005.Calle Largo Commission Santa Fe, New Mexico-87501 Washington, D.C.
20555 Charles-A. Barth,.Esq.
' Richard S.-Salzman, Esq.
Coura al for the NRC Staf f-Chariman, Atomic. Safety and Of fice of _the Executive Legal l
Licensing Appeal Board Director U.S. Nuclear Regulatory _
U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
~
20555 Mr. Chase R. Stephegt.___
James'Feldman, Esq.
~
Docketing and Service Branch Attorney at Law Office of the Secretary.
216 East Ninth Street U.S. Nuclear Regulatory Cincinnati, Ohio 45202-Commission l
Washington, D.C.
20555
- William Peter Heile, Esq.
David K. Martin, Esq.
I Assistant City Solicitor' Assistant Attorney Ceneral City of Cincinnati Acting Director Box 214 Division of Environmental Law j.
Cincinnati, Ohio 45202 of fice of Attorney General 209'St. Clair Street Fra nk fo r t, Kentucky 40601 Mrs. Mary Reder George Pattison-Box 270 Prosecuting Attorney,of Route 2 Clermont County, Ohio California, Kentucky 41007 Main Street Batavia, Ohie 45103 And rew B. Dennison, Esq.
Attorney at Law 200 Main Street Batavia, Ohio 45103 Troy B. Conner, Esq.
Conner, Moore and Corber 1747 Pennsylvania Ave., N.W.
Washington, D.C.
20006 i
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