ML20063H529
| ML20063H529 | |
| Person / Time | |
|---|---|
| Site: | Callaway  |
| Issue date: | 07/25/1982 |
| From: | Jeffrey Reed REED, J.G. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8207300303 | |
| Download: ML20063H529 (6) | |
Text
_
'h Nl',
UNITED STA ES OF A ERICA NUCLEAR REGULATGY COIXESSION f
ggET,ED i
BEFT.E THE ATOMIC SAFETY AND LICENSING BOARD U w In the Matter of
)
9
)
'i. ; mt ) I,,i m-UNIm ELECTRIC COMPANY
)
Docket No S3i 50-483
)
r cr'-r rf SECRE'M';
i (Callaway Plant, Unit 1)
)
giTyfi M..EW
~j o n..
JOHN REED'S OBJECTIW TO NRC STAFF AND APPLICANT RESPGSES TO HIS FINAL PARTICULARIZATIN OF CONTENTIONS AND REQUESP FOR PRE-HEARING COhTERENCE On 14 July 1982, the Applicant submitted itsi response to the final particularizaticn of Mr. Reed's contentions. On 23 July 1982, the Staff submitted its response to those contentions.
The main thrust of such responses was that certain sub-contentions should be rejected because of a lack of basis to support such contention or a failure by Mr. Reer
. fill a criteria of specificity.
Mr. Reed objects to both Applicant and Staff responses and he, respectfully, requests that the Presiding Judge of the Board set a date
]
in the immediate future' for a pre-hearing conference so that Mr. Reed may orally respond to Applicant and Staff responses, identified above, and s
their interrogatories to Mr. Reed's contentions.
DISCCSSICN 8
Mr. Reed objects to Applicant and S.taff's use of off-site plans I
and standard operating procedures of Montgomery, Gasconade, Osage and Callaway counties and those of Fulton or other towns which may be incorporated in county docur.cnts as a basis for defending Applicant and Staff's stand that Mr. Reed's contentions lack basis.
Neither Applicant nor Staff has ever produced anything but hear-say that corroborates their claim that such plans and standard operating procedures (plus and SCPs) are in truth the plans and STs of Montgomery, 8207300303 820725 PDR ADOCK 05000483 s
O PDR
Gasconade, Osage and Callaway counties or of Fulton and other towns.
Mr. Reed received the " State Plan" from a duly recognized agency of the government of the State of Missouri and accepts this docummt as a true copy of the State plan. Mr. Reed's copy of the Applicant's On-Site Plan was received from an m;doyee of the Applicant; this plan is, also, accepted as a valid plan.
s The copies of plans and STs identified as being those of Montgomery, Gasconade, Osage and Callaway counties, etc. were received from Applicant, not the local governecnts concerned. Plans and SOPS, so received, must be validated by some evidence or testimony before they can be used in trial to defend a position or mako a point of issue. Without such validation, the documents have no standing in law and should net be used to reject any contention pricr to trial, Mr. Reed is the supervisor of planning for Montgomery and Gasconade counties (see Court Orders attached) and as such can testify that the i
plans and STs identified as belonging to Montgomery and Gasconade counties have not been incorporated into the named counties emergency plans and, in addition, such plans and STs are currently being rejected by the two named counties.
The rejection of contentions because of a failure to meet specificity guidelines presents a delima in which the Board must decide whether to use the fine letter of the law to reject a valid, but ill-defined, contention and thereby place the public health and safety at possible jeopardy or grant the writer of such contention an opportunity to redefine said contention so that it meets the Boards standards for litigation. It is respectfully requested, by the undersigned, that the Board grant Mr. Reed an opportunity to meet with the Board and parties and orally resolve the
issues raised in the above responses and, alco, ans.4er Applicant and Stauff interrogatories to such contentions. If Fa. Rec i c7.not present valid basis for each contention offered, he :dll, at that tir c, withdraw such contentim.
.?.2ch pr :-) asui ne, conference will rot deley tbc nchednic as previoun]y set by the
- o'.ed, nnd the aue oc a r re-ho arinr ccnference for this purpose is cetablished in 10 CFD., Prrt 2, 2.752(a)(1) and is mhrorted at 44FR58279,12/1/81, 5xpediting the FC Hewing Prececc.
SUIM RY Mr. Reed objects to Appliennt and Staff uno of invraid documentn to support their staternents that Mr. Reed's content i onn lack basis. He objects to Apnlicant rind Ste.ff suct,cntion 'hnt said contentions be rejected because of lack of specificity when such npecificity standardo as the Dorird ny require can be t et if Fr. Reed in id,1ven an opportunity for oral presentation of the facts. Por thic reason, Fr. Reed, resnectfully, anks the Board set a date in the i :modiat.c 1Nture, prior to 16 Aufsat 1982, if poc.sible, for a pre-hearing conferenac so that the undersir;ted may redefine and clarify his contentions and reaalvo is.uoc in Applicant and Staff's resnonses and resnond to interrogatories from Applicant and Staff.
Res; ec' fully nubnitted, 4/
Dated this 25th day dehn G. Reed cf JuAv 198? at Citican of the Uni ted Staten Eint: dor.i City,10.
of Anerica R?D #1 KinFdom City, I:i nsouri tel: (316) 6t2-2769 l
__;.=---. - _ _, _
-; -- - - -- 3 z.= a y. :.. =.:.:.::f.=-- ---- -- - y - - -. s,s,,
i.
e 4
..+..e.
.uae.... w....m
..,.....=
t'
{ lt I
l CERTIFIED COPY OF ORDER STATE OF M!iSOURI.
1 Fcoruary i.dj.
Terrn.19 82
' County of Montgomery
~[st l
In the Montgomery Cou ty Coun of sa.d Couney, ion the 25th lda3of Febru:r ry 19 92, the folk s trg. sr%:ip odier psraumlines. stre had. viz:
"he Mc.gozery Co.L. y Court hsre:r/ sproir.ts Johnny G. Reed as their offi:ial representative in all ; tatters concerned vith the prepare-icn c f any en6 all amergercy response plans invol.ving tuelear power plants which have ir. rect nn the citizens of Hontger.ery
-County.
Mr. Reed is authorized to supervise the preparation of such plans, as described above, and to indulge in such negotiation as may be required to resolve c;uestions or problerr.s which may arises however, the results of such negotiations will only be approved or finalized
- by the County Court of Pcntgomery County.
It is the intent of this appointment to provide to the citizens of kontgocery County -he greatest degree of protection available in the event of a nuclest disaster at a nuclear poaer rient.
Mr. Reed will serve the Court without salery, but may be re-imbursed for valid and afninistrative exper. cess i.e., postage, official t r a vel, et c.
Such expenses to be submitted monthly end approved by the Court as it deems appropriate.
This appointment is without term and fr.ay be revoked by the Court at any time with two (2) veeks notice.
4 starr or mssomu.
m,.r..H_on,tgomery,, _....,,,,,,, i "
,,, _.Sillard.1gver.e.tt.. _.. _,ci,,t
..Rontymery Coanty..... %rt, in sed for sad ruuorr, hereby cerufy she show and foresmag so be a inse copy of she proceedings of our semL..... @Dtgor ery.CQMDty..
.....Coun, os she det and year abow wrinea.
en she same appe.rs of record la er offme.
IN TitTipowv THeator, I he., be*evare act my hand and a%ed abe Smel of said Coun. se earne in......Montgomefy..CityaMir.souri..
...._ihn ihe
_ 25 th... _
4,r et,.. Februnty......
19 82
.$%%]n. &.d.?.
.dpnj'gogery, Co,uftty,,,,.....c.n oc, k......
55.....
.. D C.
l
19
. - ~ _.. -
\\
CERTIFIED COPY OF ORDER STATE OF MISSOUllt, February Term.19 82 County of Casconade
]g In the Casconade County Court of said County, on the let day of March 1902
, the following. among other proceedings, were had, viz:
The Gasconade County Court hereby appoints Johnny C. Reed as their official representative in all matters concerned with the preparation of any and all emergency response plans involving nuclear power plants I
which have impact on the citisens of Gasconade county.
- 49. Reed is authorised to supervise the preparation of such plans, as described above, and to indulge in such negotiation as may be required to resolve questions or problems which may arises howsver, the results of such negotiations will only be approved or finalised by the County Court of Gasconade County.
It is the intent of this appointment to provide to the citisens of Gasconpe County the greatest degree ^ of protection available in the event of a nuclear disastar at a nuclear power plant.
t ser, amed will serve the Court without salary, but may be reimbursed for valid and administrative expensess i.e., postage, of ficial travel, etc.
Such expenses to be sulaitted monthly and approved by the Court as it deems appropriste.
This appointment is without term and may be revoked by the Court at any time with two (2) treeks notlee.
4 STATE OF MISSOURI.
p Comery of.
.G4sc20&dt
)
3 MD MlU,a58 -
Clesk 0.f the County, c-.
b and k mid W. bereby mity the akee and % se be a sw c >py 1
8 el de procandiass of ew said County
_r-on the der and punt above weissa.
es the same appears of seased la my office.
(
IN Terrasoner Wassasor, I ben hereumo :- er band and effined the Seal of said Coun, e
{
gg Hermann, Missouri i
g ist March 19 ~2 8
At of.
h '==^ ' 4 _ _
C:erk Casconade County,,
g,,,
3r 4WJ D. C, P
i l
?
6 E
r l.
.b h
l l
l l
l*
!+
i U:. :'!:.~.i STA n J
- M :cA N'JCij.AP ia/JULnR. Y i U.71:iu!(5 i
IGFWE ".Hi ATOVIC SAFi'l Y U.J L:Ce':3I':C E::AhD l
In the Wt ter of
)
U!.IG; i.LEC' Ifir COM'ANY
)
Drc<ot ::a..;TN $0-i.tJ P
l l
j
'C:n inw 'y i...i', U n i t.1 )
CIRT IF IC Aih_G __.:1.hV ICM 1 hereby certify that i.he doeur:ent at.t. ached hereto was erved this
? d, day of e
, 19A2 by d ponit in the LI.3. mil, first J
class pontage prepaid upon '.he fello.ing:
. fames P. Gleason, Esquire Mr. Gl e.nr. O. Bright Chairmart, Atomic Safety and AtorrJ e Saftty and Licensing Boani Licent.ing Bot.rd Panel Par.el 513 Gilmauro Drive U.S. Nuclear Hegu] atory Cc:unission Silver Spring, Karyland 20901 Washington, D.C. 20555 Dr. Jerry R. nline Locketing and Servico Section Atomic Safety and Licensing Office of the Secretary Board Panel U.S. Nuclear keguhtory Cor=io:,lon U.3. Nuclear Regulatory Co: mission Washir:rtcr, D.C. 20555 Washington, D.C. 20555 Roy F. Ler.sy, J r.,
Esquire V.enneth M. Ch ackes, Esquire Office of the Executivo Legal Director Chackes and Hoare U.S. I;uelear ilegulatory Corur.ission 314 N. Broadway Washington, D.C. 20555 St. Loui s, MO. 63102 A. Scott Cauger, Esquire Thomas A. Baxter, Esquire Assist. ant General Ccunsel
'ihaw, Pitt:vn, Potts & Trwbridge O. Publ!c Servicr: Commission 1600 M. S t re et, ';.W.
P.O. Box y>0 Washington, D.C. 20036 Jefferm u J!ty, MC. Q102 Atomic 'iafety ar.d LicensinF Arpeal Loard
'.J.3. Nuclear Regalatory Got.-i on ion Wnnbington,
,).C. 20555 ci.r.. ;. idhd T
',iti zer c f *.he '.'r:it ed S t.c tes riacrien l