ML20213E737
| ML20213E737 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 11/07/1986 |
| From: | Lodge T LODGE, T.J., SUNFLOWER ALLIANCE |
| To: | |
| Shared Package | |
| ML20213E741 | List: |
| References | |
| CON-#486-1442 OL, NUDOCS 8611130272 | |
| Download: ML20213E737 (6) | |
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./442 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 00CKETED USNRC In the Matter of:
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86 NOV 10 P3 :d7 The Cleveland Electric
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Illuminating Co., et. al.
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Docket Nos.
50-440 OL
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50f g 0L: q (Perry Nuclear Power Plant,
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00CKLIN; 4,
LN Units 1 and 2)
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INTERVENORS SUNFLOWER ALLIANCE'S MOTION TO REOPEN THE RECORD AND TO SUBMIT NEW CONTENTIONS OR ALTERNATIVELY FOR APPLICANT TO SHOW CAUSE Wily ITS LICENSES S110ULD NOT BE MODIFIED OR DENIED Now comes Sunflower Alliance, Inc., Intervenor herein, and moves the Commission to reopen the record on the emergency planning contention, per 10 C.F.R.52.714, or alternatively, for the Commission to require Applicant to show cause why its proposed operating license conditions should not be modified, or the license denied in its entirety, per 10 C.F.R.52.206, based upon the issues herein raised.
y Terry J. Ijodge,[Esq.
618 N. Eichigan St., Suite 105 Toledo, Ohio 43624 (419)255-7552 Counsel for Sunflower Alliance, Inc.
w MEMORANDUM A.
New Contentions 1.
The existing Geauga County, Ohio. Radiological Emergency Response Plan (RERP) provides that some 12,891 evacuees from the Perry Emergency Planning Zone (EPZ) are proposed to be housed in " care centers" located in facilities of five public schools districts, one parochial school and one state univer-sity branch. A summer, 1986 survey of the information icvels of officials of these institutions, and of the extent of physical preparedness at the centers revealed that three of the seven institutions do not have food, clothing, cots or bedding available as required by the RERP. The same study shows that 8611130272 861107 p$o 3
{DR ADOCK 0500 0
Pags Two five of the seven administrations have had no discussions or meetings with representatives of the American Red Cross, which is nominally charged with responsibility for running the centers in event of emergency.
Exhibit A hereto provides more detail.
2.
In July, 1986, the Superintendent of the Jefferson Area Local School District in Jefferson, Ohio, l'sted in existing emergency plans as one school district which has formally committed buses, personnel, equipment and facilities for use during an emergency, formally withdrew his previous (1985)
Ictter and indicated that he was officially without authority to make such a commitment. See Exhibit B hereto. Upon information and belief, the written
" commitments" extracted by Applicant from other school districts are similarly, Icgally ineffective and/or nullities.
Previous orders of.the Nuc1 car Regulatory Commisssion have required Applicant to have in place prior to licensure of Perry Nuclear Power Plant written agreements or commitments of facilities, personnel and equiptment, particularly buses, from nearby school districts.
Scrutiny of some or all of the commitment / agreement documents on file will show that the facilities, personnel and buses have not been committed in a legally recognizable fashion.
3.
In October, 1986, members of the Northeast District of the Ohio Association of Public School Employees. American Federation of State, County and Municipal Employees. AFL-CIO voted overwhelmingly not to participate in any drill or actual evacuation activities involving PNPP. The effect of this resolution is to strip the emergency plans of the availability of hundreds of emergency workern, most of whom would have a very personal familiarity with evacuation routca.
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The equipment., personnel and facilitten at Ashtabula County Medical Center, one of five hospitals designated in emergency plans for the decontam-i ination and treatment of exposed emergency workers, fail to meet the require-ments of the Joint omisshu on Accreditation for llospitals.
Specific problems
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.Pags Three include a joint ventilation system for the hospital and the emergency room area in which contamination victims would be treated; there is no isolated, designated area for holding of contamination victims; emergency room and other i
staff of the Medical Center have not received adequate training for care of contaminated victims; and there are inadequate preparations for ambulance transport of contamination victirm from the Medical Center to other hospitals in the event of a severe radioactive release from the Perry Plant in the direction of Ashtabula, which is just beyond the ten mile EPZ.
B. Standards for Reopening the Record There is a tripartite standard for reopening the record:
the motion must be timely, it must address a significant issue, and the newly proffered material, had it been considered initially, might have caused a dif ferent result to have been reached.
Pacific Gas and Electric (Diablo Canyon Nucicar
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Power Plant, Unita 1 and 2), ALAB-598, 11 NRC 876 (1980).
Sunflower's Motion meets all of these standards.
t The Motion is being timely brought and is based upon information which has only been developed within the last 30 to 120 days. The matters encom-passed herein are significant, as they involve arrangements which have supposedly been addressed by emergency plans which have been in preparation for more than five years.
10 C.F.R.52.714 (a) (1) delineates the five factors which must be balanced in determining whether to admit a late-filed contention.
These factors weigh in Sunflower's favor.
Factor (1) concerns good cause for late filing. As shown above, there is certainly good cause for filing on this date.
Factor (11) concerns the availability at other means for protecting Sunflower's interests. The only other option availabic is a " chow cause" petition per 10 C.F.R.$ 2.206, which is combined with this filing.
Factor (111) concernn the extent to which Sunflower's participation will anaist in developing a sound record. The record of the operating license
Pags Four proceedings demonstrates that Sunflower Alliance is very capable of making a significant contribution to the record by cross-examination and proffering documentary evidence, as it has done at length on many aspects of emergeacy planning.
Factor (iv) concerns the extent to which other parties will represent Sunflower's interests.
Sunficwer is not aware of any other party willing or able to represent its interests.
- Plainly, throughout this case, Applicant and staff are c1carly adverse parties. Moreover, the State of Ohio has been denied intervenor status on the issue of emergency plans.
Factor (v) concerns the extent to which the precceding will be delayed or the issues broadened. The admission of this contention will undoubtedly cause some delay and broadening of the issues.
Ilowever, these consequences pale in comparison to the significance of the issue; compare Vermont Yankee Nuclear Power Corporation (Vermont Yankee Nucicar Power Station) ALAB-124, 6 AEC 358, 365 (1973) (delay in the issuance of an operating license is proper when serious safety prob
- ems have been uncpvered).
Finally, the NRC has reserved to itself the option of modifying, revoking or suspending a utility's operating license through the 10 C.F.R.$ 2.206 "show cause" process.
WilEREFORE, Sunflower Alliance demands that the operating license record be reopened on the emergency planning contention and the taking of such evidence as the Commission deems necessary. Alternatively Sunflower Alliance demands the Commission require Applicant to show cause why the proposed operating license should not be modified or denied entirely.
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Terfy J. ]I(o, ge, illsq.
d Counsel foY Sunflower Alliance
Pagt Fivs CERTIFICATION I hereby r.ertify that a copy of the foregoing " Motion" was sent by me this 7th day of November,1986 via regular U.S. Rail, postage prepaid to all i
parties on the attached service list.
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Terry'.l. Ipdge.ftsq.
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SERVICE LIST Jay Silberg, Esq.
Shaw, Pittman, Potts & Trowbridge
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2300 N Street Washington, D.C.
20037 David E. Northrop, Esq.
Sharon Sigler. Esq.
Assistant Attorneys Ceneral State Office Tower, 17th Floor 30 East Broad St.
Columbus, Ohio 43266-0410 Lando W. Zech, Jr., Chairman U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Thomas M. Roberts, Commissioner U.S. Nucicar Regulatory Commisssion Washington, D.C.
20555 James K. Asselstine, Commissioner U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Frederick Bernthal, Commissioner U.S. Nucicar Regulatory Commission Wanhington, D.C.
20555 Kenneth M. Carr, Commissioner U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Docketing and Service Section U.S. Nuclear Regulatory Commlauion Washington, D.C.
20555 William C. Parler, Esq.
U.S. Nucicar Regulatory Con. mission Washington, D.C.
20555 Director of Nuclear Reactor Regulation U.S. Nuc1 car Regulatory Commission Washington, D.C. 20555
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