ML20102C163

Memorandum in Opposition to Summary Disposition of Contention O.Applicant Falsely Maintains State & County Plans Address Means for Relaxing Protective Measures within Emergency Planning Zone.Summary Disposition Must Be Denied

ML20102C163
Person / Time
Site:	Perry
Issue date:	03/02/1985
From:	Lodge T LODGE, T.J., SUNFLOWER ALLIANCE
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20102C140	List: ML20102C139 ML20102C153 ML20102C163 ML20102C190 ML20102C248 ML20102C250 ML20102C252 ML20102C255 ML20102C257 ML20102C261 ML20102C269 ML20102C292 ML20102C303 ML20102C308 ML20102C311 ML20102C314 ML20102C315
References
OL, NUDOCS 8503050321
Download: ML20102C163 (2)

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UNITED STATES OF AMERICA NT NUCLEAR REGULATORY COMMISSION

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Before the Atomic Safety and Licensing Board ~

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In the Matter of ) WR$:AQ & SEs ic' y

! THE CLEVELAND ELECTRIC ) Docket Nos. 50-440 and 50-441 ILLUMINATING COMPANY )

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(Perry Nuclear Power Plant, ) . ..

Units 1 and 2) )

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SUNFLOWER'S MEMORANDUM IN OPPOSITION TO

SUMMARY

DISPOSITION OF CONTENTION 0 By 10 CFR Section 2.749 (d), Applicant must show that there is no genuine issue as to any material fact and that it is entitled to a decision as a matter of law. The record is to be viewed in the light most favorable to the party opposing the motion. Poller v. Columbia Broadcasting System, Inc., 368 U.S. 464, 473 (1962); Pennsylvania Power & Light Co. and Allegheny Electric Cooperative, Inc. (Susquehanna Steam Electric Station, Units 1 and 2), LBP-81-8, 13 NRC 335, 337 (1981).

Applicant maintains that state and county plans address means for relaxing protective measures within the EPZ, and that Lake, Ashtabula and Geauga Counties' plans all contain such. Applicant's " Statement of Material Facts,"

paras._3 and 7.

This is simply not true. Ashtabula County's discussion consists of three sentences merely promising to coordinate with state agencies on reentry procedures. While perhaps plans for reentry may be general, they may not be nonexistent.

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