ML20039G068
| ML20039G068 | |
| Person / Time | |
|---|---|
| Site: | Zimmer |
| Issue date: | 01/05/1982 |
| From: | Christopher Jackson ZIMMER AREA CITIZENS - ZIMMER AREA CITIZENS OF KY |
| To: | |
| References | |
| NUDOCS 8201150247 | |
| Download: ML20039G068 (6) | |
Text
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EU.qif UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'87 J;R 12 P3:27
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ATOMIC SAFETY AND LICENSING BOARD M
In the Matter of t
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CINCINNATI GAS & ELECTRIC DOCKET NO.
50-358 COMPANY, et al.
(William H.
Zimmer Nuclear g
,e Power Station)
- APPLICATION FOR AN OP i
<<J DIRECT TESTIMONY OF CHARLES JACKSON ADDRESSI RECElVEc 's)
THE ZIMMER AREA CITIZENS-ZIMMER AREA CITIZEN OF KENTUCKY CONTENTIONS 20c (5) and 20e (6).
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State of Ohio
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hk County of Clermont )
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03 Charles Jackson, being duly cautioned and sworn, as my te mony state as follows.
My home mailing address is Post Office Box 21, Chilo, Ohio.
I was ainitted to the practice of law by the Supreme Court of Ohio in 1951.
From 1959 through 1962 I was a representative and member of the 103rd and 104th General Assemblies of the State of Ohio.
I was a Judge of the Clermont County Court from 1963 through December, 1966.
From Febru'ary, 1967 to my retirement in February, 1979, I-was a Judge of the Court of Common Pleas for Clermont County, Division of Probate and Juvenile.
I have reviewed the Clermont County Radiological Emergency Plan and certain interrogatories propounded to and responded by the County of Clermont pertaining to that plan's use of school buses for the transportation of the general public during an evacuation required by an accident at the Zimmer Power Station situated near Moscow, Ohio.
I have further reviewed the aforestated materials as they pertain to vesting to the Sheriff of Clermont County, Ohio, the power to direct, control and deploy local police, fire and life ms&ers of OhhOgjjg
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e the villages and townships indicated as emergency response groups in the county plan.
I have further reviewed the statutes of the State of Ohio, codified in the Revised Code of Ohio, as those statutes pertain to the use -
of school buses and the obligations imposed upon school boards in the use of such buses; and as those statutes pertain to the powers and duties vested to and imposed upon a county sheriff in the state of Ohio.
A board of education of an Ohio school district is empowered by law to expend district funds to obtain one or more motor vehicles by purchase or lease. Motor vehicle is broadly' defined by 54501.01 of the Revised Code of Ohio to includb a bus and does define motor bus as a ' motor vehicle hadag.a seating capacity for nine or more passengers. It is thus clear that S3313.172 of the Revised Code of.
Ohio, empowering a board of education to purchase,or lease,one or more motor vehicles, governs a school board's obtainment of a school bus.
The second sentence of S3313.172, Revised Code of Ohio, presents a limiting gloss upon the use of motor vehicles, including buses, which are purchas5d or leased by a board of education by statin'g the following: "Except as provided in section 3327.14 of the Revised Code, any motor vehicle so obtained shall be used solely for school purposes."
The sole exception to using' school owned or leased buses for other than " school purposes" is presented by 53327.14, Revised Code, authorizing boards of education to contract with organizations presenting services to the aged or engaged in adult education activities for the use of one or more of the district's buses or other vehicles for transporting persons 60 years of age or older and
T persons engaged in adult education programs.
Section 3317.14, Revised Code, further provides that if one or more buses are made available under the contractual relationship authorized by this statute that appropriate liability and property damage insurance shall be obtained to cover each vehicle used and each passenger so transported.
I have not been able to discover any. judicial or Ohio Attorney General opinion discussing or construing the application of e.ther statute.
I have not been directed to any opinion and thus I conclude that no opinions are present and that the application of the statutes are of first impression.
Each statute is straightfoward and to the point.
Section 3313.172 refers to 53317.14 and thus the two statutes must be read in para materia to ascertain their meaning and applic-ation, particularly since $3313.172 provides an exception, and thus limiting application, to the term "use of school bu'ses."
The statutes clearly provide, as drawn, that school buses are limited in their use to school purpose, except to the extent that an entity delivering services to the aged or to adult education may under the conditions of S3327.14, Revirad Code, contract with a' school.
board for other limited and specified uses other than school purposes, provided that appropriate liability insurance is provided.
While the Clermont County Radiological Emergency Plan may well engage in, perhaps, the noble purpose of providing a transportational device of school buses for the evacuation of members of the general public during a Zimmer Station emergency, the 1aws of Ohio simply
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do not permit such a use.
The Clermont Plan is thus seeking to apply an unlawful use of school buses in the event of an evacuation of the population within the affected area of the Zimmer plant.
It is my opinion that SS3313.172 and 3327.14, Revised Code, as
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the law of Ohio, create a deficiency in the planning for a Zimmer
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related emergency necessitating evacuation by providing that school buses may be used to evacuate the general public where the statutes of Ohio do not permit such use.
The only means by which school buses could be used as the planning document suggests is by,
emergency, or other, legislative action by the General Assembly of Ohio to relax the restraint currently enforced by SS3313.172 1
and 3327.14, Revised Code.
The second area of inquiry is presented by the blermont Plan of providing that the Clermont County Sheriff'shall un'dertake thi I
command responsibility for the direction, cont?rol and deployment of village and township police, fire and life squad personnel-and equipment during a Zimmer Station emergency.
Section 311.07 of the Revised Code of Ohio sets forth the general powers and duties of the county sheriff.
This section at paragraph (B) provides that the county sheriff may call upon the sheriff of any adjoining county or upon the villages and townships of his county, or adjoining i
county, to provide both police and fire personnel and equipment as necessary to preserve th6 public peace and protect persons and prop-erty,'but upon the proviso, and thereby the limitation, that such command authority is exercised upon one of three events: riot, insurrection or invasion.
Obviously,. and especially, un'er Ohio d
law an emergency at the Zimmer station requiring any protective action as described in the Clermont Plan is not a riot, insurrection or invasi6n.
That is not to say, however, that if during an evac-uation of the population affected by a Zimmer Station emergency a riot was occasioned that the 3heriff of Clermont County could not 4
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.y seek the assistance of village and township personnel and equipment, for certainly under such a set of circumstances the provisions of S311.07, Revised Code, would then be met.
It is therefore my opinion that the duties assigned to the Sheriff of Clermont County by the county plan'are beyond the scope of the powers and duties of a sheriff as those powers and duties are set forth and thus limited by the provisions of 5311.07, Revised Code.
The plan as thus created is deficient in its vesting of powers to a sheriff which that sheriff does not possess by Ohio law.
I have found no other provision of Ohio law, statute or otherwise, which presents to a county sheriff the powers to perform the tasks assigned by the Clermont County Plan.
It is observed that the Disaster Service Agency, either state or county, is vested be appropriate powers to perform the duties assigned to the county sheriff, but the Clermont Plan does nct so provide.
It is my understanding that the emergency planning for the Zimmer Station has been engaged in by county and state officials, and officials and agents of Cincinnati Gas and Electric Company for a substaintial period of time in the past.
I ponder the degree of insight into substantial planning for'the benefit of the public
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where these planners have advocated by their plans two instances where the energency planning indulges into unlawful activies, or at least activities not sanctioned by Ohio law, in the use of school buses for transportation of the general public and the extension of power to a county sheriff beyond that by which he is empowed by Ohio law..
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e I further question the involvement of.the Prosecuting Attorney for Clermont County, Ohio, as its chief legal advisor,in not t,aking punctual corrective action to reform the Clermont County Plan in 4
these two legal areas and to conform with the clear legal' direction on-the subject.
h h l,/f &
CIIAKLES JAC ' ' tin '
Sworn-to and subscribed in my presence this 5t day of January, 1982.
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