ML20102C248

Memorandum in Opposition to Summary Disposition of Contention Q.Facts Cited by Applicant Do Not Support Conclusive View of Total Preparedness for Use of School Buses for Emergency Evacuations

ML20102C248
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 8503050414
Download: ML20102C248 (2)

Text

.___-_ _ ____- -___- -_ __ __-_--____ __ _- _- __________________________ ___ _--_ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _

h'-

. ,s, jr. q UNITED STATES OF AMERICA ' ~ 1gf '

NUCLEAR REGULATORY COMMISSION' Before the Atomic Safety and Licensing Boa'ril S -4 A'd :35

~. . _ . -

In the Matter of ) ' Ql-\f,y g;'.g,

) 1.i.U. 'r.

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

)

(Perry Nuclear Power Plant, ) ~' -

Units 1 and 2) ) '

)

SUNFLOWER'S MEMORANDUM IN OPPOSITION TO

SUMMARY

DISPOSITION OF CONTENTION Q 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).

While Applicant cites superficially impressive data, the facts do not support a conclusive view of total preparedness for the use of school buses.

There is considerable credible authority that maintains that popula-tion overreaction in an emergency cannot be overlooked or minimized. See J.H. Johnson and D.J. Zeigler, " Distinguishing Human Responses to Radiological Emergencies," 59 Economic Ceography 386 (October, 1983), wherein an analysis of households on Long Island indicated that fewer than one-third would follow instructions in the wake of a serious accident at Shoreham Nuclear Power Station.

See also Ronald W. Perry, " Incentives for Evacuation in Natural Dianter: Research-Based Community Emergency Planning," American Planning Association Journal, 40 G JDR

3 7 F

October, 1979, wherein the author discusses anxiety of separated family members during emergencies and the tendency to return to previously-evacuated areas.

Besides the glaring omission from Ashtabula County's RERP of letters of commitment of school buses from relevant school districts, the accompanying Niznik' Affidavit demonstrates that parents call schools if buses are even as

.little as 10 minutes late in returning children home after school in the besc of times. Applicant's glittering generalities cast little light on this issue.

WilEREFORE, Sunflower prays that summary disposition be denied.

Respectfully submitted.

By Wh } V i

/

/(" err-018 J. Lodge Michigan Street giuite 105 Toledo, Ohio 43624 Phone: (419) 255-7552 Counsel for Sunflower Alliance

.2-