ML20071P912
| ML20071P912 | |
| Person / Time | |
|---|---|
| Site: | Zimmer |
| Issue date: | 06/06/1983 |
| From: | Amadon P, Carpenter T, Fremont S, Kraus T, Mercier A, Reiter R, Mary Spencer AFFILIATION NOT ASSIGNED |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8306080215 | |
| Download: ML20071P912 (4) | |
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CCCKETED UNITED STATES OF AMERICA US!A0 NUCLEAR REGULATORY COMMISSION ATOMIC ' SAFETY AND LICENSING BOARD
'0 3 J Il - b E l 0 9
'Mr. John'H.' Frye III
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Judge Stanley M..Livingston Dr. Frank F. Hooper In the Matter of CINCINNATI GAS AND ELECTRIC COMPANY,'ET AL.
DOCKET NO.
50-3 58 (William H.-Zimmer~ Nuclear Power ~ Station)
CASE'S. MOTION FOR LEAVE TO FILE AN AMICUS CURIAE BRIEF IN SUPPORT
.0F-HVPP'S MOTION TO REOPEN THE RECORD FOR ADMISSION OF EIGHT CONTENTIONS OF QUALITY. ASSURANCE AND CHARACTER AND COMPETENCE I.
IDENTIFICATION Pursuantito'10 C.F.R. 52 715 the Coalition for Affordable, g
Safe Energy.(" CASE") moves for leave to file lui Amicus Curiae Brief 'iri support.of the Miami Valley Power Proj ect's ("MVPP) motion to reopen the. record for admission =of eight contentions of quality assurance-and character and competence before the Atomic Safety and Licensing. Board ("ASLB',.' or " Board") of the V2 clear Regula' tory Commission.("ERC").
II.. 0UR"INTEEEST IN THE QUALITY ASSURANCE PROBLEMS AT THE WILLIAM H. ZIMMER NUCLEAR POWER PLANT.
Our organizations have an intense interest in and concern about the quality assurance problems e.t the William H. Zimmer Nuclear Power Station ("Zimmer").
Our coalition formed in the fall of 19821 prior to the November 12 shutdown order of the NRC s
Commissioners.
We saw the necessity for our Organizations to 6306080215 830606
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'2 form a collective voice for all of our constituents to make sure that
- 1) all safety related problems at Zimmer-be resolved, not covered up, and
- 2) that no utility consumer be required to pay for the construction.of..Zimmer unless or.until it produces elec-tricity. 'As organizations which represent'a significant portion of Southern Ohio and Northern Kentucky, we, the members of CASE which h' ave joined in-this motion, have a responsibility to monitor
. the safety and-welfare of our members.
'The overall safety of our community is a vital interest to us.. A nuclear power plant that has serious unresolved safety problems can have many repercussions for ovr community.
Independent
~ busine'ss constituents of our organizations could easily suffer from
. a. negative investment climate-in our area due to che uncertainty of this plant's. safety.. This could in turn affect the employment of our members and the overall-economic viability of our communities.
An accident resulting from unresolved safety problems at Zimmer could unfairly burden many of our members in the form of higher than anticipated utility bills to pay for any, repairs to the plant.
And an accident at Zimmer could also endanger the lives of many of our constituents.
III.- WHY IT IS DESIRABLE FOR THE ASLB TO HEAR OUR VIEWS.
Although the NRC regulations discuss Amicus Curiae briefs only'in the context of appeals, we understand ti.at similar briefs can be submitted in support of a motion to reopen licensing hearings provided all the relevant requirement's are met.
Further, we
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3 understand that in the past the NRC has accepted Amicus briefs on the appellate leve5 as a matter of discretion, even before there were regulations alloNing for-administrative appeals.
In Licensing Hear-ings, the NRC has. routinely allowed concerned members of the public
" limited appearance" statements.
As the NRC has recognized, "This form of participation by members of the public... has been a welcome
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and valuable part of the Commission's licensing proceedings."
43. Federal Register p. 17800 (April 26,1978).
Because licensing hearingsido-not. exist, ve do not have the option of a " limited appearance" statement.
In-this' instance, then, we interpret the amicus brief as a way of making such a statement and expressing our
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concerns to the NHC.
As concerned members of the public, we think that our opinion isLimportant and useful to NRC proceedings.
In the past the NBC
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has expressed genuine interest in public confidence for nuclear power in general,'any nuclear power plant in particular, and the NRC's ability to proficiently regulate the nuclear power industry.'
Our participation in this-process, by being allowed to file an amicus bric., is necessary to help develop public confidence in Southern Ohio and Northern Kentucky for the NRC.
We are a representative body of. citizens from this area of the country and our opinion of federal governing or regulating bodies does matter.
Thus, we believe that our request has met all the requirements and is entirely appropriate.
Respectfully submitted, Ah Q Phillip W. AmadDn, Chairperson,'Uoalition for Affordable, Safe Energy
'(C.A.S.E. Steering Committee Members' signatures attached)
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e hTEERINGCOMMITTEEFORTHEC0ALITIONFORAFFORDABLE,SAFEENERGY
/ww hl4bijL Tim Kraus--Community Church of Cincinnati b \\i Amadon-Brokerhood If Railway Carmen Lodge #362 P
p d es Susan Fre t--Women's City Club of Cincinnati D
M rian Spencer-NAACP o Cincinnati Y
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Anne Mercier--Cincinnati Federation of Teachers D
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Tom Carpenter--gine a i Alliance for Responsible Energy N
Richard Reiter--Citizen's Parcy of Cincinnati & Hamilton Co.
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