ML19323H760

Answer to Clermont County,Oh 800512 Petition to Participate as Interested State in Proceeding.Urges Imposition of Same Conditions Imposed on City of Mentor & State of Ky,If Participation Granted.Certificate of Svc Encl

ML19323H760
Person / Time
Site:	Zimmer
Issue date:	05/23/1980
From:	Conner T, Wetterhahn M CINCINNATI GAS & ELECTRIC CO., CONNER, MOORE & CORBER
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8006160156
Download: ML19323H760 (4)

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UNITED STATES OF AMERICA 2 NUCLEAR REGULATORY COMMISSION 9- gg 2,3 g y -I q -

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In the Matter of ) eI

) A 6 THE CINCINNATI GAS & ELECTRIC ) Docket No. 50-358 G j COMPANY, et al. )  ;

) 1 (Wm. H. Zimmer Nuclear Power )

l Station) )

APPLICANT'S ANSWER TO PETITION OF CLERMONT COUNTY l TO PARTICIPATE PURSUANT TO 10 C.F.R. 52.715(c)

On May 12, 1980, the Board of County Commissioners of Clermont. County, Ohio ("Clermont County") , a political subdivision in the State of Ohio, petitioned the Nuclear Regulatory. Commission ("NRC") for leave to participate in the captioned proceeding as an interested state pursuant to 10 C.F.R. S2.715(c).

Applicant, The Cincinnati Gas & Electric Company, et I

al., (" Applicant") would note that it continues to have j discussions with Clermont County and other interested state and local officials to assure that adequate provisions are made for emergency planning. The Applicant is hopeful that these discussions will lead to a mutually acceptable outcome such that the need for Clermont County to be a participant in this proceeding can be eliminated. In any event, if the Atomic Safety and Licensing Board grants the requested participation of the County with regard 'o 'mergency plan-ning at this time, Applicant would r?qye itat the Board t

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impose the same conditions for participation of the County as it did for the city of Mentor and the Commonwealth of Kentucky, e.g., that it "must take the proceeding as it finds it" and it "does not seek to litigate issues on which hearing is complete"-1/ and furthermore, that at an appro-priate time, it be required to submit a specific statement of its position and the concrete issues it wishes considered at the hearing.--2/

Respectfully submitted, CONNER & MOORE Tr Conner, Jr.

Mark J. Wetterhahn Counsel for the Applicant May 23, 1980

1/ Memorandum and Order Admitting Mentor, Kentucky Pursuant to 10 C.F.R. 52.715(c) dated January 29, 1980 at 5; Memo-

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randum and Order Admitting Kentucky as an Interested State" dated April 1, 1980.

2/ Gulf States Utilities Company (River Bend Station, Units 1 and 2), ALAB-444, 6 NRC 760, 768-70 (1977).

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

. )

The Cincinnati Gas & Electric ) Docket No. 50-358 Company, et al. )

).

(William H. Zimmer Nuclear Power )

Station) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Applicant's Answer to Petition of Clermont County to Participate to 10 C.F.R.

52. 715 (c) , " dated May '23, 19 80, in the captioned matter, were served upon the following by deposit in the United

. states mail this 23rd day of May, 1980:

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Charles Bechhoefer, Esq. Michael C. Farrar, Esq.'

Chairman, Atomic Safety Atomic Safety and Licensing

, and Licensing Board Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission  ;

Washington, D.C. 20555 Washington, D.C. 20555 '

l Dr. Frank F. Hooper, Member Chairman, Atomic Safety and  !

Atomic Safety and Licensing Licensing Appeal Board Panel j Board U.S. Nuclear Regulatory School of Natural Resources Commission )

University of Michigan Washington, D.C. 20555 Ann Arbor, Michigan 48109 Chairman, Atomic Safety and Mr. Glenn O. Bright, Member Licensing Board Panel Atomic Safety and Licensing U.S. Nuclear Regulatory Board Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Charles A. Barth, Esq.

Counsel for the NRC Staff Richard S. Salzman, Esq. Office of the Executive Legal

. Chairman, Atomic Safety and Director Licensing Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission

• Washington, D.C. 20555 Washington, D.C. 20555

. William J. Moran, Esq.

. Dr. Lawrence R. Quarles General Counsel

, Atomic Safety and Licensing '

Cincinnati Gas & Electric Appeal Board

• Company U.S. Nuclear R yulatory Post Office Box 960 Commission Cincinnati, Ohio 45201 Washington, D.C. 20555 '

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Mr. Chase R. Stephens Leah S. Kosik, Esq.

Docketing and Service Branch Attorney at Law Office of the Secretary 3454 Cornell Place U.S. Nuclear Regulatory Cincinnati, Ohio 45220 Commission Washington, D.C. 20555 John D. Woliver, Esq.

Clermont County Community William Peter Heile, Esq. Council Assistant City Solicitor Box 181 City of Cincinnati Batavia, Ohio 45103 Box 214 Cincinnati, Ohio 45202 David K. Martin, Esq.

Assistant Attorney General Mrs. Mary Reder Acting Director Box 270 Division of Environmental Law Route 2 Office of Attorney General California, Kentucky 41007 209 St. Clair Street Frankfort, Kentucky 40601 Andrew B. Dennison, Esq.

Attorney at Law Robert A. Jones 200 Main Street Prosecuting Attorney of Batavia, Ohio 45103 Clermont County, Ohio 154 Main Street Batavia,.Chio 45103 Ma:1 J. Wetterhahn a-m I