ML20102C292

Memorandum in Opposition to Summary Disposition of Contention Bb.Fema Exercise Rept Details Unresolved Deficiencies,Including Inadequate Medical Personnel for Decontamination & Inadequate Radiation Field Monitoring

ML20102C292
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 8503050459
Download: ML20102C292 (2)

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- UNITED STATES OF AMERICA , - 'E NUCLEAR REGULATORY COMMISSION

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Before the Atomic Safety and Licensing Board ' 03

' - - lig, c In the Matter of )

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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 BB 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., 363 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).

Once again Applicant has sought to bootstrap broad assurances that it will correct deficiencies into contingent licensing approval of its-

-emergency preparation.

Far from being merely emergency information material distribution problems as Applicant suggests, unresolved deficiencies according.to FEMA includ adequacy of medical personnel for decontamination, and inadequate radiation field monitoring, among other difficulties. FEMA's " Exercise Report" details these and a host of other concerns. See also McTrusty Affidavit, accompanying Sunflower's response in opposition to summary disposition of Contention P.

The genuine issues of material fact are substantive, and Applicant K

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q . .. y must be put to the production of substantive proof that the problems are corrected.

WilEREFORE, Sunflower prays that summary disposition be denied.

Respectfully submitted,

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By }/ .

rry J. 'odge 1 3 N. y higan Street ice 10 Toledo, Ohio 43624 Phone: (419) 255-7552 Counsel for Sunflower

. Alliance 4