ML20039G211

Affidavit by ZAC-ZACK Counsel on Absence of Written Direct Testimony Statement for Witnesses C Mcintosh,J Fite & D Seiger.Witnesses Will Require Subpoenas & Oral Direct Exam. W/Certificate of Svc.Related Correspondence

ML20039G211
Person / Time
Site:	Zimmer
Issue date:	01/08/1982
From:	Dennison A DENNISON, A.B., ZIMMER AREA CITIZENS - ZIMMER AREA CITIZENS OF KY
To:
References
NUDOCS 8201150387
Download: ML20039G211 (7)

Text

- _ . _ ._ - - _ _ _ . _ _ . _ ..

o j WTED CORPSSPONDENCR T 9.I UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 82 JM 12 P3:27 s /

ATOMIC SAFETY AND LICENSING BOARD ,.

M,. .: .J.

c.

In the' Matter of  : '

CINCINNATI GAS & ELECTRIC '

DOCKET NO. 50-358 -

COMPANY, et al,  :

(William H. Zimmer Nuclear  :

Power Station)  : APPLICATION FOR AN OPERATING LICENSE STATEMENT BY COUNSEL FOR THE ABSENCE OF A WRITTEN 4 DIRECT TESTIMONY STATEMENT FOR THE WITNESSES, (

CAROLYN McINTOSH, JAMES FITE AND DOROTHY SEI'GE RECE!VED PERTAINING TO CONTENTIONS 20b (5) (iii) ,

21c (1) , ( 3) ; 21d (l) , (2) , ( 3) , ( 4 ) ;

(iv), (s 21c (1) , (2) , ( 3) . ,

g 9 AND THE NECESSITY THAT THE AFORESTATED WITNESSIT asma J413 7985 1-2 FOR PURPOSES OF TESTIFYING TO THE AFORESTATED C, amasmagg,y CONTENTIONS, WILL REQUIRE SUBPOENA AND ORAL DI **

f EXAMINATION.

' State of Ohio )

) 'SS:

County of Clermont )

Andrew B. Dennison, duly cautioned and sworn, states that.I am counsel of record for the interv'enor Zimmer Area Citizens-Zimmer -

Area Citizens of Kentucky, and that I have heretofore listed as i

, witnesses Carolyn McIntosh, James Fite and Dorothy Seiger to testify pertaining to the contentions dealing with the New Richmond School L District, as those contentions are set .forth in the caption above. .

At my direction, individuals made contact with Carolyn McIntosh, James Fite and Dorothy Seiger, in which these witnesses l

generally indicated that they had knowledge of matters pertaining to the New Richmond' School District and that they would testify con '

l

.cerning the capabilities and implementation of emergency plans dealing wi th protactive actions to be taken in the schools.

l 1 .

<, 0 \ .

8201150397 820108 .

gDRADOCK05000

r Arrangements were made and the witnesses agreed to be present at the offices of John Woliver, counsel for another inter-venor, at 1:00 P.M. January 4, 1982 for the purposes of discussing their testimony and preparing written direct testimony. At approximately 11:00 A.M. on January 4, 1982 John Woliver received a telephone call from Jef frey Sittason, superintendent of the New Richmond School District, advising that none of the three witnesses would appear at the scheduled interview and that they were precluded from discussing the matter with counsel or taking any active part in the hearings to be conducted before the Atomic Safety and Licensing Board, except as directed and ordered to appear by subpoena process. Mr. Sittason further indicated that he' had con-sulted with George E. Roberts, counsel for the New Richmond School Board.

Affiant spoke with Mr. Roberts during the afternoon of January 4, 198'2 and was advised that the school board or its super-intendent, or both', had elected to forbid any of the three witnesses to discuss any matter with this counsel or his designees. At the

~

request of this counsel, Mr. Roberts agreed to discuss the matter further with Superintendent Sittason and to advise him of the exact nature of the issues which these witnesses would address and to determine if the witnesses would be permitted to informally discuss the nature and scope of their testimony without resort to subpoena process, and that subpoenas would be issued for the attendance of each witness during the course of the hearings before this board to commence on January 25, 1982.

m M M

l .

Iffiant further states that Mr. Roberts spoke with him , ,

by telephone on January 5, 1982 and advised that the position taken by the New Richmond School Board remained unaltered.

Affiant states that Carolyn McIntosh is the principal, of the Monroe Elementary School, James Fite is an administrative assistant to the Superintendent, Jeffrey Sittason, and has been

- involved in the planning process for emergency plans covering the New Richmond School District, and that Dorothy Seiger is employed by the New Richmond School District as a bus driver.' Affiant reasonably believes that each of the aforestated witnesses possesses knowledge of relevant facts necessary for the Zimmer Area Citiz' ens-Zimmer Area Citizens of Kentucky's contentions pertaining to school involvement in the emergency planning, and that their testimony is both relevant and important to these contentions. Carolyn McIntosh, as principal of Monroe Elementary School, has relevant testimony pertaining to the circumstances of the student population, and their parents, enrolled in the Monroe Elementary School, circums'tances attendant.to implementing school evacuatlon and.other protective action. plans within the school, circumstancss of school bus routing and access roadways, and other factors pertaining to emergency preparedness for the health and safety of the students of Monroe Elementary School, including parental action and reaction.

Affiant further states that James Fite is administrative assistant to the superintenden , has been involved in the emergency

' planning for the New Richmond School District to date, that he is P

i

[ knowledgeable in the capabilities of the school district as it pertains to buses, notification of bus drivers, means and methods of notification to bus drivers, evacuation routes, access roadway, parental action and reaction, and the circumstances of traffic

- conges' tion at school sites in the event of a Zimmer Station emergency requiring evacuation.

~ Affiant further states that Dorothy Seiger would be possessed of information pertaining to the circumstances of herself

and other bus drivers similarly situated, the duties and requirements of school bus drivers, the knowledge, if any, of radiation hazards, the manner in which such hazards have or have not been explained, the willingness or unwillingness of drivers to accept suct hazards and other factors pertaining to the difficulties to be experienced

, in the event of a Zimmer accident requiring evacuation at different periods during the course of a school day. It is reasonably believed that 'his t witness would further have knowledge of the nature and character of roadways required to be traveled in the -

event of an evacuation and the difficulties to be experienced in the utilization of certain roadways by school buses.

This counsel makes request by this document and by separate letter to obtain subpoenas to be issued and served upon the three names individuals to require their attendance as witndsses during the course of the proceedings before this board, the date and time for appearance, as well as the address of the witness to be set forth by letter.

J l

o

, Affiant states that each of these witnesses have been served a subpoena commanding their appearance at the deposition srheduled for January 12, 1982 at 9:00 A.M. at the general offices of the Cincinnati Gas & Electric Company, and that it is reasonably anticipated, pursuant to that process, thgt each will appear and testify.

Affiant further states that it is necessary,.as set forth above, that these witnesses be present before this board pursuant to appropriate issuance of process and that, under the circumstances as described above, counsel is unable to submit the statement of direct testimony and is required to examine these witnesses orally on direct examination. It further appears to this counsel that the New Richmond School District, through its superintendent, and perhaps its board of education, have and continue to create an .

interference with the timely process of these proceedings and a direct involvement of academic freedom as to the two faculty member witnesses, and as to the driver the imposition of' restraint upon

- her' constitutionally recognized right, as well as the rights of the other two named witnesses, to freely assemble and engage in speech, as provided by the First and Fourteenth Amendments of the Constitution of the United States.

Further' affiant sayeth naught.

f /A?W&t ~'

' 'Anpf(# C Dennison Sworn to and subscribed in my presence this 8th day of

, January, 1982.

J

)XAXM S. LOUX Notar, Pubre. 5 tit' of CNo , _

\bLw. b hN Fy Ccembsl:3 E;pires Jrt. 2h 1935

= - ---~~ ~ --~ ~

~n---

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD 'c? JE" 12 93 :26 In the Matter of  : .

CINCINNATI GAS . AND ELECTRIC  :

COMPANY, et al.  : DOCKET NO. 50-358 (William H. Zimmer Nuclear  : APPLICATION FOR Power Station)  : OPERATING LICENSE CERTIFICATE OF SERVICE It is hereby certified that the ZAC-ZACK direct testimony of the following witnesses, Harold Kennedy, Richard Arthur, Myron Reinhardt, Richard Feldkamp, Taurii Nishiyama, Gene Sell, Hendrick Gideonse,Ph.D.,

Eugene Erbe, Robert L. Sutton, John Wessler, Margaret Erbe, George Wolff, Ph.D., Sandra Slemmer, Honorable Charles Jackson, William-Voelker, Carl Gondola, M.D., JoEtta Goode and Carl McMillian,.and the statement pertaining to Carolyn McIntosh, James Fite and Dorothy Seiger, was posted by U. S. mail to the persons indicated below this 8th day of January, 1982, except that those indi'cated by single asterisk, in which the direct testimony was delivered to the offices of the Cincinnati Gas & Electric Co. for transmissi'on to those individuals, and those indicated by double asterisk were delivered the 8th day of January, 1982.

• John H. Frye, III, Esq.

• Charles A. Barth, Esq.

Chairman, Atomic Safety U.S. Nuclear Regulatory Commission and Licensing Board Room MNBB 9604 U.S. Nuclear Regulatory 7735 Old Georgetown Road Commission Bethesda, Maryland 20014 Washington, D.C. 20555 Dr. Frank F. Hooper, Member

• Troy N. Conner, Esq.

Atomic Safety and Licensing Conner, Moore & Corbet Board 1747 Pennsylvania Avenue, N.W.

School of Natural Resources Washington, D.C. 20006 University of Michigan Ann Arbor, Michigan 48109 Dr. M. Stanley Livingston Atomic Safety and Licensing Member, Atomic Safety and Appeal Board.

Licensing Board U.S. Nuclear Regulatory Commission 1005 Calle Largo Washington, D.C. 20555 Santa Fe, New Mexico 57501 Docketing and Service Section Atomic Safety and Licensing Office of the Secretary Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555

• • Deborah Webb, Esq.

• Will'iam J. Morgan, Esq.

7967 Alexandria Pike General Counsel Alexandria, Kentucky 41001 Cincinnati Gas & Elect'ric'Co.

P.O. Box 960 Cincinnati, Ohio 45201

~

• • John D. Woliver, Esq. ** James H. Feldman, Jr., Esq.

P.O. Box 47 Fifth Level 550 Kilgore Street 216 East Ninth Street -

Batavia, Ohio 45103 Cincinnati, Ohio 45202

• • George E. Pattison, Esq. David K. Martin, Esq.

462 E. Main Street Assistant Attorney General Batavia, Ohio 45103 Acting Director Division of Environmental Law Office of the Attorney General 209 St. Clair Street Frankfort, Kentucky 40601 W . /W '

GW4 DREW B.'6ENNI(OT'

200 Main Street Batavia, Ohio 45103-(513) 732-6800 Attorney for Intervenor ZAC-ZACK.

~

9 an e

(

. -- - , - , - - - , , ,. .,.c - - ,