ML20104B000

Statement of Matl Facts as to Which There Is No Genuine Issue Re Contention Bb.Certificate of Svc Encl

ML20104B000
Person / Time
Site:	Perry
Issue date:	01/30/1985
From:	Silberg J CLEVELAND ELECTRIC ILLUMINATING CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20104A935	List: ML20104A932 ML20104A951 ML20104B000
References
OL, NUDOCS 8502010621
Download: ML20104B000 (4)

Text

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January 30, 1985

' UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

~

~BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

'In:the Matter of )

)

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

)

(Perry: Nuclear Power Plant, )

LUnits 1 and 2); )

APPLICANTS' STATEMENT OF MATERIAL FACTS AS TO WHICH THERE IS NO GENUINE ISSUE TO BE HEARD ON CONTENTION BB Pursuant to 10:C.F.R. S'2.749(a), Applicants state, in

~ support'of.their Motion for Summary Disposition of-Contention BB in this proceeding, that'there is no genuine issue to be

~ heard with respect'to the following material facts:

1. The Interim Report on Off-Site Radiological Emergency s  : Planning lfor the Perry NuclearfPower Station, dated-January 10, 1984 (" FEMA" Interim Report")Lreviewed' draft emergency plans for.

~ Lake, Ashtabula and'Geauga Counties submitted ~for review by the

-Stateiof Ohio in March 1983 and'a' schedule of corrections re-ceived1by FEMA'in August'1983. ' Affidavit ofEJohn Baer on Con-

'tention BB:'("Baer'Aff."),,1'4.

2 . ' .The FEMA' Interim Report concluded that "there'.is rea--

Esonable assuranceLthat.the plans are adequate and-capable of?

n;$ being implemented in1the' event'of an accident at the' site."'

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, BaerLAff.,21 3.

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3. More than half of the planning deficiencies identi-fled in the FEMA Interim Report were corrected and the correc-tive action accepted by FEMA in the Interim Report itself.

Baer Aff., 1 4.

4. Each of the plans was revised in response to the FEMA Interim Report and reflects-corrective actions to the planning deficiencies. Baer Aff., 1'5.

5. An independent review of all the planning deficiencies in the FEMA Interim Report shows that all have

-been corrected or are being resolved. The few remaining items still being addressed involve emergency information material to

-be distributed prior to fuel load. Baer Aff., 11 6-7 and At-tachment B.

Respectfully submitted, Ja . S lberg, P.C.

SH PI TMAN, POTTS ROWBRIDGE 18 ME treet, N.W.

Washington, D.C. 20036 (202) 822-1000 Counsel for Applicants DATED:- January 30, 1985'

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4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

! LIn the Matter of )

. )

THE CLEVELAND ELECTRIC ) Docket Nos. 50-440

- ' ILLUMINATING COMPANY ) 50-441

)

(Perry Nuclear. Power Plant, )

Units _1;and--2) )

~ CERTIFICATE OF SERVICE I hereby-certify that copies of " Applicants' Motion For

- Summary Disposition of. Contention BB," " Applicants' Statement

- of-Material Facts As To Which There Is No Genuine Issue To Be Heard on Contention BB" and " Affidavit of John Baer on Contention BB," were served this 30th day of January,- 1985, by deposit in the U.S. mail, first-class, postage prepaid, upon

. the parties listed on.the attach Service L t.

)

E. Silberg

- DATED: January 30, 1985 4

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UNITED STATES OF AMERICA

. NUCLEAR-REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter'of )

)

THE CLEVELAND ELECTRIC ) Docket Nos. 50-440 ILLUMINATINGJCOMPANY, ET AL. ) 50-441

)

(Perry Nuclear: Power Plant, )

Units 1 and 2) )

SERVICE LIST

' Janes P. Gleason, Chairman Atomic Safety and Licensing

'513 Gilmoure Drive Appeal Board Panel

" Silver Spring,' Maryland 20901 U.S. Nuclear Regulatory Commission Washington, D.C. 20555

-Mr.rJerry R..Kline Docketing and Service Section Atomic Safety and Licensing Board Office of the Secretary _

<U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission

-Washington, D.C. 20555 Washington, D.C. 20555 Mr. Glenn.O. Bright .

Colleen P. Woodhead, Esquire-

- Atomic Safety' and Licensing . Board Office of the Executive Legal U.S.. Nuclear Regulatory Commission Director

. Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555'

Alan S. Rosenthal, Chairman Atomic Safety and Licensing Terry Lodge, Esquire Appeal Board? Suite 105 U.S. Nuclear Regulatory Commission- 618 N. Michigan Street 1 Washington, D.C. 20555 ' Toledo,~ Ohio '43624 Dr. W._ Reed Johnson Donald T. Ezzone, Esquire Atomic Safety.and' Licensing ' Assistant Prosecuting Attorney

. Appeal Board ~ Lake County Administration

U.S. Nuclear'Re'gulatory Commission Center "

Washington, D.C.~ 20555- 105 Center Street-Painesville, Ohio 44077

' Gary J.;Edles, Esquire Atomic! Safety and Licensing: Atomic Safety.and Licensing KAppeal Board .

Board'Paneli U.S. Nuclear Regulatory Commission U.S., Nuclear Regulatory' Commission

> Washington, D.C.. 20555- -Washington, D.C.. .20555 s

s ~ John G. Cardinal,LEsquire Ms.' Sue Hiatt 2 Prosecuting' Attorney .

8275 Munson Avenue Ashtabula County Courthouse _ Mentor, Ohio 44060 Jefferson,f0hio 44047

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