ML20080N390

Brief in Support of Sunflower Alliance 840203 Motion to Reopen Discovery on Issue 1 Re Emergency Planning.Document Proffered as Addl Support of Motion.Certificate of Svc Encl. Related Correspondence

ML20080N390
Person / Time
Site:	Perry
Issue date:	02/17/1984
From:	Hiatt S OHIO CITIZENS FOR RESPONSIBLE ENERGY
To:
References
ISSUANCES-OL, NUDOCS 8402220239
Download: ML20080N390 (10)

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UNITED STATES OF- AMERICA NUCLEAR REGULATORY COMMISSION '84 FES 21 A11:17

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Before the Atomic Safety and Licensing NdE$E. g fc-[ y . ~

E.U D In the Matter of )

)

CLEVELAND ELECTRIC ILLUMINATING ) Docket Nos. 50-440 COMPANY, e_t al. ) 50-441

) (OL)

(Perry Nuclear Power Plant, )

' Units 1 and 2) )

4' .. .

OCRE BRIEF IN SUPPORP OF "SUNFIDWER'S# MOTION 'IO RDDPEN DISCOVERY ON ISSUE #1 Intervenor Ohio Citizens for Responsible Energy ("OCRE")

~~

hereby supports the notion of intervenor Sunf:lwer Alliance, et al of February 3, f98'4. seeking the reopening of discovery on Issue #1, on emergency planning, OCRE agrees with Sunflmer that "there is considerable cause for w 1/

. xeopening discovery on this issue" (Motion at 1)~~ In addition to the reasons set'forth.by Sunficwer, OCRE proffers Attachment 1 as additional support for the motion. This attachment, discovered by OCRE in the local Public Document Roam, indicates the Staff's intention to file a motion for stmma.ry dis-position of Issue #1 '.'as soon as possible." The Staff has sought input frcm the Federal Emergency Management Agency (" FEMA") for srpport for the' notion.

T T Sunficwer's assertion that emergency planning arrangements are morg g lete than in 1982 ocnp . .

is corroborated by the information in Attachment 2, "The Perry Perspective", which indicates that Applicants are conducting

" educational" programs for the public and emergency workers, Information on these activities, ironically, is-not available to intervenors; despite

. their statement that " speakers [on emrgency planning) will came to any group that e_xpresses an interest," Applicants refused to speak to a public meeting to'have been sponsored by intervenors, claiming that the..information is available through discovery. .Obviously it.is not available as long as discovery remains closed. 8402220239 840217 "

PDR ADOCK 05000440 8 PDR

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'Ihis, of. course, is in accordance with 10 GR 50.'47]a) (2) ,

Mch states that the hT bases its finding on the adequacv of offsite emergency planning on the findings of FDR. However, the last sentence of that section states that "(i)n any NRC licensing proceeding a FDR finding wil'1 constitute a rebuttabie preseumption on'a question of adequacy." It is entirely ancmalous to expect an intervenor to rebut a FDR finding without

,, the tools d.e. ," discovery) with'sliich to learn the 6 asis'for such a" finding, The't'enor of'ittachment 1 also suggests that thorough discovery

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of the basis of FDR's assessnent wiil be'especially necessary/.here, as the

.' Staff's interest seems limited to those findings supporting sunnary disposition .

~'Ihe Staff's plan ' for the inminent sunnary disposition of this issue alone constitutes abundant good cause for reopening discovery.

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OCRE thus concludes that the 1D:eral reopening of discovery on Iisue #1'is mandated.

]' Fespectfully subnitted, 4

WM

' Susan L. Hiatt OCRE Bepresentative 8275 Munson Rd.

Mentor, OH 44060.

(216) 255-3158 b

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December 29, 1983 .

Spence Perry, Esq. '

Office of tre General Counsel -

Fed'eral Emergency Management Agency

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500 C St. S.W. .

7 Washington, D.C. 20472 in the Matter of

.CLEVEL N A D' ELECTRIC ILLUMINATING COMPANY, ET AL.

(Perry Nuclear Power Plant, Units 1 and 2)

Docket Nos. 50-440 OL, 50-441 OL

Dear Spence:

.As de discussed briefly by telechone, a rerttr. tion ' -

!::econcerning the adequacy Perry proceeding.

. ' of :ffsit-i ss ;;.'.:y .;I:= lm; : ten  : . - ,ation of this contention c

The het:i,i; d:. : .-:-ntnf L ?:'ucai, ~

' is March, 1984 In order to address tnis contentions we will need the evaluation of the issues raised in tha contention by the FEMA reviewer -

assigned to the Periy site.

- For your information I am enclosing a statement ,of the contention and the specific issues raised by the intervenor pertinent to the contention.

Your assistance in providing an affidavit from the appropriate FEMA representative to support a motion for' summary disposition would be mos't appreciated. We would like to file this motion as soon as possible.

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Thank you very much for'your help.

Sincerely, 3 A+ ' * *

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Colleen P. Woodhead

" - ~~P - . Counsel for NRC Staff-

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Enclosures as stated

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it NAME :CWoodhea"d:ml J ray

________:____________:Eg y_y._e teg g y____________:____________ - ____________::__

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DATE _ _ :12/7 _ _ : _ _ _ _d  : 12/fj/83 83  :

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In the Matter of- -

CLEVELAND ELECTP.IC ILLUMINATING COMPANY, ET AL.

(Perry Nuclear Power Fiant, Units 1 and 2)

Docket Nos. 50-440 OL, 50-441 OL r Issue #1 - T.mergency Plan Contention

, (

Sponsor: Sunflow'er Alliance

, Sunflower representative: Terry J. Lodge, Esq.

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The Applicant's emerg'ency evacuation plans do not demonstrate that they provide reason '

- l able assurance that adequate protective ,, I measures can and will be taken in the event of an emergency. -

The specific issues presented under this contention are' listed below:

B:u n Saised by Sdrficwer " '_ u I. 'The three counties withia the EPZ must come to a consensus on ,

emergency actions -

La. different' counties may choose different protective measures,

. which could cause misconception of the accident. ,

one' decision making body would 'facilitati orderly steps b.

c. the Lake County plan anticipates use of ambulances from

- adjacent counties to aid evacuation but if there is no s.

agreement on response, the other counties will n't o provide the ambulances.

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d. there is no prov'ision for payment of ambulance attendant insurance-moving the 93,000 population of all titree counties e.

,' requires the consensus of the counties [,

' I II. Bus drivers and firemen are volunteers

a. Bus' drivers are volunteers who must drive school children as wel,1 as individuals without cars l

! b. Firemen must drive buses if necessary, but they are not l trained to drive buses '

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,s c. Bus drivers and firemen may refuse to drive buses i

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- - d. Bus drivers will only wear dosimeters but will have the same exposure as police and firemen who will. wear. protective n -

- riothing and respirators

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c. .

.. e. . . bus drivers have families who will need evacuation-

f. some volunteers perform several functions-(bus, fire, '

j, "N ambulance) ,

III." Evacuation of school children will' be disorderly

a. parents will pick up child.ren at school, causing crowding in the parking lot, hampering movement of buses .

' buses will be overloaded with children standing and in panic l

b. . .  :

IV. Evacuation will be time consuming

a. ' work'ers outside EPZ will have to pass perimeter check and

. return hnve.

b. ' many a;.::.1 ;ra . quired of homeowners prior to evacuation V..[Carlessanddisabledindividualswillbethelastevacuated

a. bus drivers are;not committed to evacuation driving

.' b.. evacuati.ng nursing homes is time consuming ,

~ c .'. nursing home residents and hospital patients will have to be transported to appropriate facilities-

-VI. . Traffic, control .

a.' .policewill.kavetoarrangefortowingstalledcars

b. ' some cars may run out of gas

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. c .'- weather conditions could hamper traffic movement

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'd.* thepoliceneed(unspecified) equipment

. VI.I. Hospital preparedness for contaminated persons

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', ,a, no.. equipment has been purchased

. b. .ca'pacity is inadequate

- f. . - c.  ;. rescue workers are not trained in treating the contaminated s .. . "'"' "- ~~~~

'.-~ '^~ d. ambulance corps have not been trained for radiological m .

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The Perry P!cnt is much more than concrete cnd stee!. It is the dediccted cnd combined effon of h/M

'% E ' /rf 10- i

- f_f f f cver 6.000 employees constructing ,h M d h [ Q'QT[1 l c p!cn! thc: w;2 help ensure c /.

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Brie To secure energy und economic O*H i d)$. .N$ kb/! *hbh._

.n futu e for the people of Nonheast

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.y; Chio-The Illumincting Company COcling l

$k .i.Luq d*

MF /p{ty

.g has been providing rehable electric serv:ce to the people of TQ'Q7gy ]

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%" ,fg.f .J R "W Northecs: Chio for more thcn 100 A locally grown pine tree,

$ kyL,i[,bM.gh .fq i

j 2 '_./ , years. cnd with the construction of hoisted atop the Unit 2 cooling the Pery P!cn!. we will be able to tower. symbolized the completion  !

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MN ' ,-egh@ NW i Mig.;y g mcmicin thct ou cxpenence in th:jstanding s country, and record.

of the Perry Plant's second tower ,

,hf f in ceremonics held Tnursday.

@kh?@..~.$.Ni/

h -% e Y. Wy%.? Q throughout the world. has October 20. A criso Icke breeze  !

f %h demonstrated that nuclear energy

M fin ', ruffled the tree, a centunes-old

& . m t. d is the safest. cleanest and most d.M symbol of good luck. and c !crge

[M /. g,, yd. ". /(%Y y

s. econom:ccl means available American ficg. '

., c !.hv ': i C todcy to produce electricity. i

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. b. s This is the second time Perry I hope you find "The Peny has celebrated a " topping off.

I. g; h ; M b i' ./,/ j NW.,W g Pe spective helpful. If you have f r ',Fs. A The previous ceremony, marking cny questions you would like the completion of the hrst cooling

.g/ cddressed in future issues. or tower, took place in September. .

~~ e, an':wered personally. call our 393y" Community Re!ctions Section at l

. ^' c.s the Perry P!cnt. 259-3737. Perg's twin cooling towers  ;

. 66[ provide a means of cooling the '

Extension 5904.

w.f,j Neig.foor:~e +

toroe om=nts o~orm -r '

Sincere 1Y- produced when generatino I I cm plecsed to present the

,l pgMw g electricity. Also common 15 !arge coal-burning fccilities the towers first issue of "The Perr/

Perspective." Tnis pub!! cation will te iten likened to a car ,

Vice President Nuclear radictor, which cools engine be sent to you qucrierly cnd is 3 designed to answer cuestions you water but never comes in contact l mcy hcve regcraing the Perry w:th the combustion chambers.

Instead cooled water simply -

Nuclear Plant. Topics to be i cddressed in future issues include circulctes m tubes to condense y steam from the turbine generator  !

plant safe'y operction. ,

construction, environmentc! - and does not come in contact  ;

f; with any radioactr/e components.-

benefits, waste mcnagement cnd 'l .g emergency planning. You wil! < ;l t The vcpor rising from the cooling also be introduced to some of . -' ' ' ' - tower is not rcdlocctive but j your neighbors who will operate , __;f ,k;. ghJf. . . g simply stecm released by the

' the p!cn!. . M ,Tl-8 ..j N Q q coonng process. Ecch tower

• As you know. The Illuminating N5D~ MgQ c:rculates 550.000 gcBons of wcter every mmute, enough to supp!y l

Company began construction of EN :M/ .y the needs of a city the size of j

two 1.205 mecawctt nuclect generating u5its in Nonh Perry FibM3h['[fDr.ifM.Mf-M ne.2.=-

.kg- ]

P inesv:He for cbout six hours.

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.; .7 %_.% The cooling towers at Perry

,.d.--- f V!Ucge in 1974. This is present!y one of the 1crgest projects in the Q2 f__V c!so perrnit the same wcter to be S!cte of Ohio. We cre proud of

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used over and over again.

_.C the qualiy work that hcs gone ,j ,,_j _ J Because Peny is c " closed" l into this project and want to te!! L jj_,, ,--- p , system. the water from the tcwers you what we cre doing cs we get ,

6  ; , F-- ', does not mix w:th !cke water cnd recdy to bring the !:rst unit P p--p.. (7 M'- JM ~N -+ warm water is no' discharged into c4Mm in Md 1985. J- -- e - - - k .u ..)  ; ! the lake.

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for families to enjoy together ifb"3 here~ C rot dded ~7 " S*' '

know c !ot of people and just 1

ID. OV~OG ,j l- . -N}Q " "' ""* rv' dv ""' ' *'7 M@si..m. - %-

A'H' Focus a, f.y .

mernber or friend who works et the plant, so it's not rec!!y a 7 S1 .y mystery to us. In fact. it's ac1Hng Every qucrter. "The Perry e n.

Perspective" w1!! introduce you to .

'., d ' j j to see tne plant mckmg prog [t cnd con'ributing as much cs i a plant emp!oyee and his or her I* ,

doet to the community.

!cm!!y We'!! te!! you cbout indiv:du=!s their jobs, cnd the '

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.Z.[. Closely involved with the

[' h .i '

.I' community, Frank has been cn rc!ctionships they've estcblished 3

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Elder at the Perry Christion in the communities where they '

.~. tT 4" ' . * , , 1; '[. I':dyQ[;

live. And, just cs impo*!cnt, they'll / f' S, Church for the Icst two and a hc!!

re!cte their expenences cs years. cnd has been a member of

! cinployees et the Perry Picnt. A 1

"g d .D:hl4

.7 l.h.,4.%:

N ,- :/ r the Perry Kiwanis since the family moved to the crec. At the Cemra!

9 hank A. Stead, Manager of y;g g .' y;;! %q$6;W[ ,g ' YMCA. Frcnk is involved in the Nuclear Engineenng i. 0,3 .[

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i Program Committee and Carol is Frank a resident of p@y ?j$ hfDWfk -Q*$. i on the Women's Committee.

Painesville Township hcs been M 7 MM i:$ Pf (U.

7' i Frank is cctive in the Ts SHAPE Cardiovascular Physical Fitness Manager of Perry's Nuclect h4 Program and Caroi participates in rngineenng Depadment since W[ hf,sN!]{ 3.>.:ig g [ pp.

%N the Ts" Fitness Fantasic Progrcm.

l June.1982. He is one of five managers responsible for A 7.M *W.C.r u:c_

' - - Frank hcs recently dedicated construction at the Perry Plcnt. A considerable time to the Phase !!

7e Capital Fund Drive for the i longtime employee of The N Perry / Madison Area Lake County I!)umincting Company, he sicMed l as a Test Helper in July.1965. cnd YMCA completed college ct Cleveland Frank. his wife. Carol and Carol has been a clerk at the t

State University cs c ccvop student their two children. Gwen and Perry Librcry since 1979. She through the Company's Scholcstic Brad moved to Painesville taught Business Education in the Township ecrjy in 1979. Bedtord Schools for six yects and Awcrds Program. In 1970, he was Previously residents of a has completed severo! graduate

' cwcrded a Bachelor in Cleve2cnd suburb, they agreed

! Mechanical Engineenng and courses, specializing in reading that Frank's 206-mile round trip named Associcte Engineer. Later education at Baldwin-Wc!! ace that year, he took c leave of daily commute to Perry was College.

taking a lot of time from family -----

absence to work on a Master of and communi+y cctivities. "We Science in Mechanical now live chout six miles southwest .}Cf.h,

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I t Engmeenng at Ohio State of the p!cnt." Frank said. *cnd :d.',g,yy.1(p~.Ihl4 b / //

University completing his degree 4 e lh . ' . .L s c we're ve:y happy here." I'i and retuming to Cleveland in 1971. That year. The !!!uminating rve been involved with M'}.

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kW Q I [d I'W.S4 i (W .

l Company announced p!cns for nuclect power since 1970, and I

' the Perry ?!cnt, cnd Frcnk wcs have a great deal of confidence 4ln 5

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in the sciety of the Peny faci!!ty. .

cssigned cs c Nuclect Fuel Engmeer. rm con!! dent that we're buildmg F A p.Q.[.,f From November.1971 a first rcte insto!!ction and, while I- Ql -.

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1 do occasionc!1y get questions p through April 1978, he concentrated his efforts on fuel cbout the plant and nuclear  %[ ..

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power. I think the most impodant i' planning and plant licensing. In yk kY. D[./'b. t O 1979. Frcnk came to the plant site thing is that the people who work W n <

as Senior Design Engineer. Lcter here cre just like everybody else. .N<w y.

that yect he was ncmed Senior We have the same concems about scfe*y cs everyone. We live g r [d g ( . , .

4 f.q @ i Project Engmeer. From 1980 to here, too, and we do everything 1982. he worked at numerous .Ihe Stead children. Gwen (7) locations to gcin operating possib:e to cssure the safety of our

!cm'!!es and fr' ends We want and Brad (5) cre c!so active m expenence in fossil fuel p!cnts. school and community cct:v: ties.

In'Ju!y 1982. Frank wcs named , this communi*y to be a good p!cce to raise our families." Frank Gwen is in second grade anc is c Mcncger of the Nuclect Brownie. Sne takes p!cno lessens engmeering Depanment. sald-cnd pcrticipates in a drcmc

' workshop. Brad is a kindergarten

' student and takes swimmmg lessons at the "y."

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Neighbors"is as Close as the plant, with many of the jobs d ' .f...

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,' r [ [, / - - Your Phone. Call Todcy, filled from local union halls.

When the plant becomes N A I i er - Most clubs. schools frctemal P** " " "5 " P W * *'

el h . MOW' orgen1z=tions cne communiy O people m permnet b groups schedule speckers several P '2"= 7" ** ="2"* ** **

Nelchbors

. ff m =thsin cev = ce. Sa pl e se .

em nd contnbute more than a - don't de:cy. Call the Speakers 5. ae Bumm todcy ct 259-3737

[QQQh v fhg Extension 5321 to crrange for a What's more, many crea f:rms es presentation. will clso benefit from the plcnt's u%u 7u - Perry locction. Everydcy business ce operctions at Perry will require h* hN} h[b [,g>."n

,- -N: ,U[ goods and services of every kind, cnd it's expected that many firms I/O

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7 that cre suppliers to the energy The Illuminating Company invites f[:;[y.gA.y .

.] p:1q1 qAn 7" generation industries will establish local brcnches here.

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4 you to meet the people who work .

ct the Perry Picnt cnd to take c , ;=i closer look at this new fccility - m e n,1..c O W S. '

N m%5isf.y* +1 Op -

cll through.the free services of the Pctry Speckers Bureau. A Community :

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Through the Bureau. you can - .

W. O I J I.1 M crrcnge a showing of "The New - J

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Niighbors." plus cn informative

-'-[7 'p' discussion and question-and-cnswer program. !or any group or [Q{$f.{${ 9.g

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/g' organization. Evey business day, more than N:IMhf.

• The New Neighbors" is a 6.000 people report to work at the Pery Plant. That's more than the The " Multiplier" Effect

' 14-minute full color audio / visual in addition to the 900 on-program thc' will aquaint you total population of many with the Perry Picnt, its people neighboring ccmmunities and going jobs that will be part of the more people working together on Perry community, a whole range and its Emergency Planning Pwrm you a leam an about a single construction project than of goods and sevices will be ever before in the histoy of Ohio! needed for employees' families, plant safet , and how smart such as housing, retail out!ets, planning cssures mcximum The Perry Plant provides education and healt.' facilities, as protection for eveyone. employment to workers in clmost well as transportation. Those jobs "The New Neighbors" is evey sphere of American business and industry. Including ' will cdd even more to our presented by the members of the community - probcbly more Pe ry Plant Speckers Bureau. constmction, management, safety than S50 million annually will flow More than 30 trained speakers - planning and hundreds of other into Lake County and surrounding cll of them regulcr Perry on-site positions.

crecs!

employees and most of them The plant will provide local residents - ccn answer your Working for You The Perry Picnt includes two numerous tcx benefits. Payroll questions !cce-to-face and discuss taxes paid by Pery workers the !ssues of nuclect energy. 1.205 megcwcti units which will genercte e ectricity to supply the contribute hundreds of thousands "The New Neighbors" wi!! be of dollcrs to local govemment residentic!. commercial and revenues. Since the plant has of particular interest to students.

tecchers, churches and school industrial needs of 7 million residents of no-them Ohio and been built property values have groups. It is clso cn informctive westem Pennsylvania. While the not decreased, but have presentation for professioncj plant is owned by a group of five generally increased throughout orgcnisctions,locci businesses electric ut!!: ties (The Illuminating the crec. The result: increased and community groups. In fact. Compcny, Ohio Edison Company, funds for govemment services, the speakers w1!! come to any . Toledo Edison Company, including schools, fire and police group that expresses an interest. Pennsylvanic Power Company protection. roads, hecith and whether they are regu!cr. and Duquesne Light Company). it socici services.

organized groups or on informal is being built and managed by Perry's impact on the local gcthering of neighbors. We'ly The ll!umincting Company, which economy began more than a bnng c!1 the equipment has a 31% share. decade ago. Like o pebb e necessary. too. including thrown into o pond, its ripple projectors, booklets and discussion During its 14-year construction phase, the Perry Plant will employ effect will continue to be felt by mcterials. thousands of residents in crecs thousands of constmction and

,,managementpersonnel surrounding the piant.

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' " Training bus dnven on whc!

and explcm their rob; to inform to do in an emergency is an e the dnvers cbout the traming they important part of county trcming N will receive and their possible procedures" Roger said. "On ff , - , g g v

role in the prec: ice exercise that w!!! be he!d next year; and to November 14.15. and 17 we'!!

give on-s:te tours, present c shon

[/ ~ l'y g~=c>. answer questions related to program. and conduct ques:!cn-

, p[ * '2 p~ 9 =~ one-answer sessions excrusive:y J^

dnvers' responsibilities.

M for school bus dnvers. We wcn-bn L OOr Roger stressee that education is the key to undentanding that them to ask cny questions they hcVe" Roger continued. "When bb b the chance of evacuation from they have the training cnd h ,

around the p:cnt is minimcl. but that dnvers must be trained for knowledge of their roles.we fee!

most dwers W mahze mey con I WIb that possibihty.

conhe to c scie, emnt A cri::s of meetings.

.We wcnt dnvers to know that evccuction, should there ever be their partic:pction throughout the plminating in three days of on- entire process (i.e., training, need for one.

% tuts, cre underwcy to participction in the exercise. or ',',,

atroduca local school bus drivers response in an cctual E o ths Perry Plant. The meetmgs emergency)is a volunteer one.

va driv n the opportunity to csk And through the education pgr blum!ncting Company employees e about th3 picnt. emergency program, drivers willleam they'll

- IIlfOrmCdiOn pionning and their roles in have the time to evacuate school 5

' Num*oers children sc!ely should on lcssuring the sc!ety of school evccuction ever be ordered." For funher information about chDdmn. Roger said. the Perry Plant. construction

" Thousands of locc! people He added that,in most ccses, status or answers to your wiu be trained in upcoming drivers wou'd only make one un . questions about nuclect months on how to deal with a from a school to a reception energy, plecse ccll the possibli emergency" said Roger center (usuc!!y another school). Community Relations Trudecu. Supervisor Emergency which wi!! be located outside the Section at: 259-3737. Extension Planning. . We've started the 10-mile EPZ. All buses will be 5904.

process by conducting sessions cssigned c teacher or safety To arrange a tour of the with school bus drivers, who plant for your club or woul.d be dnving the students out o!!ic:cl who will maintain order and ossist the dnver on the way to organization, call 259 3737.

of th210-m!!e Emergency the reception center. Extension 5536.

Planning 2one if e ccuation was 11 you'd like information Gv3r ordered." Roger said that he "Bcsed on current school populations, we have more than about the Perry P!cnt and mnmbers of h:s sto!! have enough buses cnd dn, vers to Speakers Bureau, or to ciready met with school bus driv rs m Lake County cnd with handle any contmgency. Buses schedule a speaker for a soms dnvers in Ashtabula County. cnd drivers ccn be drawn from group meeting. call outside the 10-mile EP2 to help - Extension 5321.

Thi m;etings had three J to introduce plant  !! they're needed Roger said.

objectives: u Em;rg:ncy Planning personnel ,

I BULK RATE

- U.S. POSTACE i d

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PAm PERMIT NO. 20 THEa ' Perry, OH 44031 6 PLANT CAR-RT SORT j

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Th'2 Dhiminating Company Community Relations, R225 P.O. Box -J7 ~ ~ ~

Pury, Ohio 44081 _..

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