ML20107G385
| ML20107G385 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 02/23/1985 |
| From: | Lodge T LODGE, T.J., SUNFLOWER ALLIANCE |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20107G302 | List: |
| References | |
| OL, NUDOCS 8502260406 | |
| Download: ML20107G385 (2) | |
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I fl-kg UNITED STATES OF AMERICA NUCLEAR REGULATORY CO>ctISSION Befere the Atomic Safety and Licensing Board M FEB 25 Pi:35 In the Matter of
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FFf0e CF SECRETA 9 f-THE CLEVELAND ELECTRIC
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Docket Nos. 50-440 E gEFV!7 ILLUMINATING COMPANY
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(Perry Nuclear Power Plant, Units 1 and 2)
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SUNFLOWER'S ANSWER TO MOTION FOR
SUMMARY
DISPOSITION OF CONTENTION G 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 & Supply Co. and Allegheny Electric Cooperative, Inc. (Susquehanna Steam Electric Station, Units 1 and 2), LBP-81-8, 13 NRC 335, 337 (1981).
Applicant agrees the State of Ohio policy on potassium iodide availability is predicated on a 1980 letter authored by the Director of-of the Ohio Department;of Health.
See FEMA Interim Report. App. A.
10 CFR Section 50.47(b)(10) requires of fsite plans to demonstrate:
-NL-A range of-protective actions have been developed for the plume exposure pathway EPZ for emergency
-workers and the public. Guidelines for the choice
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of protective actions during an emergency, consis -
tent with Federal guidance, are developed and in place, and protective actions for the ingestion 4
exposure pathway EPZ. appropriate to the local have been developed.-
1m O (emphasis supplied)'
The use of stable iodine as a protective action'for emergency workers has been the recosamendation of the U.S.' Environmental Protection:
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Agency for four (4) years.
EPA Manual of Protective Actions Guides, supra at 1.42.
Furtherscre, CEI recommends it for its own workers, in concur-rence with U.S. Food and Drug Administration regulations promulgated in 1982. Finally, NUREG-0654 requires (at 63) that plans show "(p)rovisions for the use of radioprotective drugs."
State officials announced in May, 1984 that the Department of Health is forming an advisory group to research the use of KI tablets.
Sunflower urges that the offsite plans not be approved unless KI supplies are o
maintained for workers and the general public.
As the accompanying affidavit from Phillip M. Schmidt attests, the U.S. Food and Drug' Administration eclipsed the qualifications of ODH in 1982 when it provided firm federal guidance for use of KI in radiation emergen-cies.
For the foregoing reasons, Sunflower urges that the motion for-summary disposition be denied..and that this contention be set for hearing.
Respectfully submitted, f,AJ L.c' l
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Te J. Lodge-d' 61
.-Michigan! Street
.L lSul 105'-
-Toledo,_ Ohio -43624 Phone: L(419)'255-7552 Counsel _for Sunflower Alliance.
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