ML20090A737

Brief Opposing Applicant 840626 Motion for Particularization of Issue 1 Re Emergency Evacuation Plans.Particularization Should Be Delayed Until After Emergency Planning Exercise. W/Svc List.Related Correspondence

ML20090A737
Person / Time
Site:	Perry
Issue date:	07/06/1984
From:	Hiatt S OHIO CITIZENS FOR RESPONSIBLE ENERGY
To:
References
OL, NUDOCS 8407120099
Download: ML20090A737 (3)

Text

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, RELATED C077,Es?CMDENCE July 6,.1984 UNITED STA'"ES OF AMERICA NUCLEAR REGULATORY COMNISSIC.1 Ww' -

Before the Atomic Safe:v and Licensine Board 03nsc In the Matter of -) '84 g '9 Pl2:37

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CLEVELAND ELECTRIC ILLUMINATING ) Docke: I'os . 50-M0 COMPANY, Et A1. ) 56j4@l . t ,,

. ) (Operating Lic6hsd: e, *4 .'56..

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(Perry Nuclear Power Plant, )

Units i and 2) '

)

) . - . . . ... .

OCRE BRIEF IN OPPOSITIONIO APPLICANIS' MOI' ION FOR PARTICUIARIZATION OF ISSUE N3. 1 -

On June 26, 1984, Applicants filed a motion requesting that the' Licensing Board order Sunflcuer Alliance, the lead'intervenor on Issue #1, on emrgency planning, to particularize' that issue such that

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the specific concerns of Intervenors are identified.- Issue #1 states:

Applicant's enrgency evacuation plans do not denonstrate that they provide reasonable assurance that adequate protective masures can and will be taken in the event of an emergency.

OCRE disagrees with Applicants assertion that Issue #1 is ncw " ripe for particularization." Motion at 5. Indeed, a recent decision of the Court of Appeals appears to require that particularization be delayed until after the emergency planning exercise for the Perry plant.

On May 25, 1984 th'e U.S. Court of Appeals for the District Coluabia Circuit vacated the NPC's rule (10 CFR 50.47) exerpting emergency preparedness exercises fram consideration in licensing decisions.

'Ihe Court rule;d that that regulation denied a right to a hearing on a mterial factor relied upon by the Ccmnission, in violation of S 189 of the Atcraic Energy Act. See Union of Concerned Scientists v.

U.S. NBC, Case No. 82-2053. 'Ihus, the results of the eergency

. s 8407120099 840706 PDR ADOCK 05000440 G PDR i

i preparedness exercise for Perry must be considered by this Board in t

the litigation of Issue #1.

It is OCIE's understanding that that exercise is scheduled for November of this year. Certainly waiting until a reasonable period of time follwing that exercise will not create any great delay in this prceeeding.

It is entirely possible that the exercise will reveal deficiencies that would not otherwise be revealed upon an exmination of the .

prepared plans. Indeed, any plan can look good on paper, but it is the implementation of the plan that counts. It is this concern that seems paramount in the language of Issue #1. Intervenors at the Special Prehearing. Conference expressed concerns over the implementation of the plans in an emergency. To particularize the issue now on the ;

basis of paper. plans alone flies in. the face of UCS v. NRC.

s OCIE therefore urges the Board to deny Applicants' motion as it is not ripe for decision.

W Regectfully subnitted,

,yN ~  ?

Susan L..Hiatt OCE Representative 8275 Munson Rd.

Mentor, OH 44060 (2H) 255-3158  ;

Dated: July 6,1984 1

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.I CERTIFICATE OF SERVICE

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R Susan L. Hiatt

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Peter B. .Bloch, Chairman Terry Lodge, Esq.

Atomic Safety & Licensing Board 618 N. Michigan St.

U.S. Nuclear Regulatory Comm. Suite 105 Washington,'D.C. 20555 ,

Toledo, OH 43624 Dr. JerryrR[..Kline Atomic Safety.& Licensing Board.

U.S,._ Nuclear. Regulatory Commission i '

Washington,'D.C. 20555 ,

V Mr..Glenn O. Bright Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Colleen P. Woodhead, Esq. -

Office of-the Executive Legal Director U.S. Nuclear Regulatory Commission .

Washington,.D.C. 20555 ,

r Jay.Silberg, Esq. -

Shaw, Pittman; Potts, & Trowbridge 1800 M Street, NW i.

. Washington, D.C. 20036 q Docketing #& Service Branch

.Offi'ce of'the Secretary U.S.. Nuclear Regulatory. Commission Washington, D.C. 20555 Atomic ~. Safety.& Licensing. Appeal Board Panel U.S. Nuclear. Regulatory Commission Washington, D.C. 20555 l