ML20069G054
| ML20069G054 | |
| Person / Time | |
|---|---|
| Site: | Zimmer |
| Issue date: | 09/23/1982 |
| From: | Woliver J FRANKHAUSER, D.D., WOLIVER, J.D. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8209280379 | |
| Download: ML20069G054 (4) | |
Text
._
4
' f y, 00tK'IJD ussru i
UNITED STATES OF AMERICA g,2C)
NUCLEAR REGULATORY COMMISSION Of.C W.rr,y :5 M *
"[c)(Nd ATOMIC SAFETY AND LICENSING BOARD EiiAEC3
,t In the Matter of Docket No.
50-358-OL THE CINCINNATI CAS & ELECTRIC COMPANY, et al.
(Wm. H. Zimmer Nuclear Power Station) i David Fankhauser's Memorandum In Support Of Miami Valley Power Project's Petition For Reccasideration Of The Commission's Order Of July 30, 1982, i
4 On July 30, 1982, the Commission issued an order directing the Atomic Safety and Licensing Board to dismiss the eight contentions raised as Board contentions pertaining to quality assurance of the Zimmer Nuclear Power Station.
While these eight contentions were originally raised as contentions of another intervenor, Miami Valley Power' Project (MVPP), Intervenor David Fankhauser, as a l
participant in these proceedings of the past six years and is a resident of the Zimmer area, shares MVPP's expressed concerns over the quality' assurance program at the Zimmer Power Station.
I 1
While it is acknowledged by all parties and the Commission that the quality assurance conditions at Zimmer are of great importance and concern, the Commission in its order implicitly and explicitly suggests that further hearings on these contentior. are not necessary in light of continued monitoring and investigation by the NRC staff. This expressed view by the Commission, suggests 1
8209280379 820923
{DRADOCK 05000350 PDR
,-m..
.--r,
.._.~www,-,,.wy..,..,__,,.._..,,m.
--,__,.-y_.----.--
A that its own established hearing processes are not an efficient means of es-tablishing the facts. This position contradicts the very important status placed upon the hearing process as the foundation of administrative actions.
Very clearly, Congress intended that important safety related issues such as the quality assurance questions at Zimmer be given a complete public examination through the NRC hearing processes.
Assuming arguendo that the Commission is correct in assuming that the continued staf f audit of the quality assurance issues would prove more produc-tive and provide greater assurance of the public health and safety rather thsn having further hearings on the matter, this still does not warrant precluding the public participation and open examination of the issues provided by the hearing processes.
The public at large, and the citizens of Clermont County in particular, should be given the right to participate in and view such a hearing.
No other method of examining the issues will provide a proper measure of public s
participation and scrutiny into these very critical issues.I Recently, NRC officials.have suggested that an independent audit of the quality assurance problems be performed.
Such a suggestion seemingly contra-dicts the Commission's expressed confidence in the NRC staff's ability to deal with this issue through i'ts own internal monitoring practices and procedures.
Inherent in any suggestion of an independent audit of these issues, is the 1.
In a recent hearing held by the City of Cincinnati on the quality assurance problems at Zimmer, it was reported that a NRC witness, when asked how severe the quality assurance problems. were, testified that some of the problems were larger than a breadbox.
Intervenor Fankhauser submits that the public should be given honest and forthright answers by this federal agency rather than clsver replies such as the one described above.
4 assumption that the NRC internally cannot manage this monitoring ac:ivity or it lacks the public credibility to perform its job adequately.
It should be noted that the suggestion by NRC of ficials that an independent audit be made occurred subsequent to the Commission's July 30, 1982, order.
While an independent audit into these issues may be a good idea, such a suggestion calls into question some of the assumptions and conclusions contained in the July 30, 1982, order.
Finally, it should be noted that past hearings before the Board on various issues such as the evacuation and emergency plans, have been very productive and have rendered visible shortcomings in some of the staf f's and FEMA's internal oversight activities.
Intervenor Fankhauser submits that there is every reason to believe that future hearings may be just as productive. The public at large deserves as much.
Respectfully submitted, 0*
n Woliver ttorney for David Fankhauser P.O. Box 279, 233 East Main Street Batavia, Ohio 45103 CERTICATE OF SERVICE I hereby certify that copies of the foregoing document has been served by ordinary U.S. Mail postage prepaid upon the following persons this day of g23 ' '
September, 1982:
e w, e p. y v 4-
e John H. Frye III Chase Stephens Chairman, Atomic Safety Docketing and Service Branch and Licensing Board Office of Secretary U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. Frank F. hooper, Member Chairman, Atomic Safety and Atomic Safety and Licensing Licensing Appeal Board Panel Board U.S. Nuclear Regulatory School of Natural Resources Commission University of Michigan Washington, D.C.
20555 Ann Arbor, Michigan 48109 Dr. M. Stanley Livingsten Chairman, Atomic Safety and Atomic Safety and Licensing Licensing Board Panel Board U.S. Nucicar Regulatory 1005 Calle Largo Commission Santa Fe, New Mexico 87501 Washington, D.C.
20555 George Pattison Alan S. Rosenthal, Esq..
Prosecuting Attorney of Chairman, Atomic Safety and Clermont County Licensing Appeal Board 462 Main Street U.S. Nuclear Regulatory Batavia, Ohio 45103 Commission Washington, D.C.
20,555 Deborah Webb Stephen F. Eilperin 7967 Alexandria Pike Atomic Safety and Licensing Appeal Alexandria, Kentucky 41001 Board U.S. Nuclear Regulatory Commission Andrew B. Dennison, Esq.
Washington, D.C.
20555 Attorney at Law 200 Main Street Batavis, Ohio 45103 Troy B. Conner, Esq.
Howard A. Wilber Conner, Moore and Corber Atomic Safety and Licensing Appeal 1747 Pennsylvania Ave.. N.W.
Board Washington, D.C.
20006 U.S. Nuelear Regulatory Commission Washington, D.C.
20555 Lynne Bernabei, Esq.
Brian Cassidy, Esq.
Covernment Accountability Project /IPS Regional Counsel 1901 Q Street, N.W.
Federal Emergency Management Agency Washington, D.C.
20009 Region 1 John W. McCormick POCH Boston, MA 02109