ML20072F448

Memorandum Supporting Miami Valley Power Project 830602 Motion to Reopen Record to Admit Eight Contentions on QA & Lack of Corporate Character & Competence.Reopening Necessary to Foster Public Confidence in Nrc.W/Certificate of Svc

ML20072F448
Person / Time
Site:	Zimmer
Issue date:	06/22/1983
From:	Webb D MENTOR, KY
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8306270410
Download: ML20072F448 (6)

Text

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UNITED STATES OF AMERICA / Y(($f w NUCLEAR 2

REGULATORY COMMISSION __

JUN 2 4 $83 )

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' Before the Atonic Safety and Licensing Boat go ct ei km :

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In.the" Matter of:

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CINCINNATI GAS AND ELECTRIC )

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) Docket No. 50-358

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(William H. Zimmer Nuclear )

Power Station) )

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p, MEMORANDUM OF INTERVENOR, CITY OF MENTOR, x;4.. - IN SUPPORT OF MIAMI. VALLEY POWER PROJ.ECT'S zy.

MOTION TO REOPEN THE RECORD .1 . . .

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Eh On or about June 2, y- - _ 1983, a motion was filed by the Miami Valley

. Power Project to reopen the record for admissions of eight contentions dealing with the quality assurance breakdown at the Zimmer Nuclear Power Station and the lack of corporate character and competence

'of the applicant, CG&E, to run a nuclear power plant. Intervenor, City of Mentor, supports said motion for the reasons set forth in MVPP's. motion and further states the following.

7 The City of Mentor has fought long and hard to protect its citizens in the event of an accident at the Zimmer Nuclear Power' Station by filing intentions and going to hearing on the status of emergency preparedness plans. The underlying premise of those gg hearings has always been and still is that although accidents NmL .

are improbable they are possible. That premise while accepted

'O by the NRC, staff, FEMA, applicant and the intervenors for purposes

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gg of emergency planning hearings may or may not be well warranted to 13 " in light of the active mismanagement of this project by the applicant.

mmo Obviously, the NRC itself has had grave concerns regarding the

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November 12, 1982. Furthermore, a recent survey of people in Southern Campbell County bonducted by the Campbell County Fiscal court indicated that 58.3 percent of those surveyed felt that the Zimmer Nuclear Power Plant will not be safe. (Said survey cttached and incorporated by reference). For these reasons, the Cllegations made by MVPP are of critical concern to this intervenor.

MVPP has submitted thousands of pages of evidence to support its allegations. The allegations concerning corporate mismanagement cnd quality assurance breakdowns took place after hearings had been held on safety related construction issues. Yet the NEC until recently has given the appearance of cariag more for procedure rather than substance by denying MVPP's previous motion as " untimely."

The procedural issue of timeliness has always been and remains a false issue.

The real issue is the protection of the public and whether the public may have confidence that its interests are held dearer than a utilities interest by the governmental agency charged with its protection. In light of the history of Zimmer, this Board has not choice but to reopen the record for admission of MVPP's oight contentions. -

Respectfully submitted,

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Deborah Faber Webb CERTIFICATE OF SERVICE .

I hereby certify that copies of this Memorandum in the captioned matter, have been served upon the following by deposit in the United States mail this 22nd day of June, 1983:

Alan S. Rosenthal, Chairman Dr. M. Stanley Livingston Atomic Safety and Licensing Administrative Judge Appeal Board, 1005 Calle Largo U.S. Nuclear RegulaRoRy Commission Sante Fe, NM 87501

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Stephen F. Eilperin Dr. Frank F. Hooper Atomic Safety and Chairman of Resource Licensing Appeal Board, a Ecology Program, U.S. Nuclear Regulatory Commission School of Natural Resources, Washington, D.C. 20555 University of Michigan, Ann Arbor, MI 48104 Howard A. Wilber Atomic Safety and Chairman, Atomic Safety Licensing Appeal Board, and Licensing Appeal

.U.S. Nuclear Regulatory Commission Board Panel,

. Washington, D.C. 20555. U.S. Nuclear Regulatory Commission

< , Washington, D.C. 20555 Judge John H. Frye, III Chairman, Atomic Safety and Chairman, Atomic Safety Licensing Board, and Licensing Board Panel, U.S. . Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission

• Washington, D.C. 20555 Washington, D.C. 20555 Charles A. Barth, Esq. David K. Martin, Esq.

Counsel.for the NRC Staff, Assistant Att.orney General, Office of the Executive Acting Director Legal Director, Division of Environmental Law, U.S. Nuclear Regulatory Commission 209 St. Clair Street Washington, D.C. 20555 Frankfort, KY 40601 Andrew B. Dennison, Esq. George E. Pattison, Esq.

Attorney at Law Pros'ecuting Attorney of 200 Main Street Clermont County, Ohio, Batavia, OH 45103 462 Main Street Batavia, OH 45103 Lynne Bernabei, Esq.

Government Accountability William J. Moran, Esq.

Project /IPS, Vice President and 1901 Q Street, N.W. General Counsel, j Washington, D.C. 20009 The Cincinnati Gas &

' Electric Company,

( John D. Woliver, Esq. P.O. Box 960 Clermont County Cincinnati, OH 45201 Communi:p-- Council, Box 181 Docketing and Service Batavia, OH 45103 Branch Office of the Secretary U.S. Nuclear Regulatory Commission

, Brian Cassidy, Esq. Washington, D.C. 20555 Regional Counsel, Federal Emergency Troy B. Conner, Jr., Esq. '

l Management Agency Conner, Moore & Corber Region I, 1747 Pennsylvania Avenue, N.W.

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• John W. McCormicP POCH Washington, D.C. 20006 l

Boston, MA 0210s

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r 't Y . a LL { W DEBORAH FABER WEBB

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CAMPBELE COUNTY -

• Qice of OntyJudge E4eaaive .

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LLOYD K. ROGEns . g.. .

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TILEPHONI

( % m. sus April 22,'1983  ;

TO: 'Pi'acal Court '

FROM:

Dr. Fred W. Rhynharth' Director of Administration -

,RE: Survey 4 .

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The 'urvey included a randum sample of 507 registered vt o ers.

The' survey was stratified by precin'ct as well as a'r andorh sample.

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'to .those within the " Circle of Danger.A-feewSThe ralize sample .w '

This includes precincts from:

South.to Pendletop,_ County. Carthage, Alexandria,..Claryville

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Th~e survey results enclosed were weighted to balance e with th U cnswers wiight in ' fromthe entire the South county. County in proportion to their overall .

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.The accuracy.of the survey is 2.5%. -

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Major policy areas include: i Zimmer, Taxes, TANK, and Recreation.

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1. Perhaps you have heard that Campbell County is considering . j

' building a new jail. Do you favor the building of a new -

.- jail? .

no yes'. NA DK .

21.5% 2.9%

15.0%

60.6% ,

5 2.. There has?been ' discussion of including county offices in

-lJ. the proposed new jail. Would you be in favor of including -

county.., offices in a new building? -

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no

.yes . DK NA ,

54. 4%. 22.1% 19.9% -

3.6% ,

3. The Transit Authority.of Northern Kentucky provides bus .

, services. Do you think TANK provides efficient bus ,

, service? , , .

yeis no DK NA 56.44'. 16.64 34.4% 3.6% , .

-4.. The. Transit Authority of Northern Kentucky passed a ,

. payroll tax in.1978 by an election.to help finance its'-

operation. If the same bus service could be provided -

through p'rivate b.usiness would.you be in favor of the repeal ~

.of.the TANK payroll tax? ,

. yes ,

no DK NA .

71'. 3% - 13.0% 11.1% 4.6% ,

, 5. 'CampbellCounthvotersmayget.achancetovoteona special tax that can be used for new county ro'ad construction -

or major improvements on county roads. Would you vot'e for a special county road thx if such a vote were held today? -

.yes -

no DK NA -

33.2% 51.5% 13.7% 1.6%

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6.

f The Zimmer Nuclear Power Pl' ant is being built on the

- southeast bo'rded of Campbell County. . .

Zimmer Nuclear Power Plant will be safe?.Do you think the yes no dk na O

~28.7% 58.3% 11.0% 2.0% (N=507) *

'V5..those s.

with an opinion: ' '

yes no

'33.2% 66.8%

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.The Timmer. Nuclear Emergency Evacuation Plan depends'on volunteers.

n can deal.with a nuclear radiation disaster?Do you think our police ,

yes no .

' dk na

.17.6% 70.6% 9.5% 2.3%

05.those with an opinion:

yes' no 20.1% 79.8%

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,, CAMPBELL COUNTY FISCAL COURT b DR. FRED RHYNHART County Administrator !a

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- N fome:(606)261927Q Office:(606)292 3838 k

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