ML19289F045

Response by Intervenor Fankhauser in Opposition to Applicants' Motion for Summary Disposition.Affidavit & Certificate of Svc Encl

ML19289F045
Person / Time
Site:	Zimmer
Issue date:	05/07/1979
From:	Woliver J WOLIVER, J.D.
To:
References
NUDOCS 7906010139
Download: ML19289F045 (7)

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

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(William H. Zimmer Nuclear Power Station)

INTERVENOR FANKHAUSER'S RESPONSE TO APPLICANTS' MOTION FOR

SUMMARY

DISPOSITION Pursuant to 10 C.F.R. 52.749 and order of this Board, Inter-venor Fankhauser submits the following in opposition to Applicants' Motion For Summary Disposition.

Contention 1

1. Applicants,in addressing the contention, state claims that are based upon assumptions that spent fuel will be shipped offsite.

Presently there is no evidence that spent fuel will be shipned off-site. In its March 27, 1979, response to Interrogatory #13 of Inter-venor Fankhauser's Interrogatories to Applicant, Applicants state that "No specific disposal site has been identified...". Therefore, all assumptions concerning the volume of spent fuel allowed to ac-cumulate at the site are invalid if such assumptions include ship-ping spent fuel offsite.

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Contention 2

2. Applicant states that "CG&E has sought permission to locate an air monitoring station at the Moscow Elementary School early in 1976 but such permission was denied by the New Richmond School Board." Intervenor Fankhauser ' hereinafter Fankhauser) contends that Applicants' failure to attempt to reestablish contact with the.New Richmond School Board since 1976 is deficient.

3. Fankhauser states that within the past week he has initiated contact with New Richmond School officials concerning their willing-ness to reconsider their alleged 1976 decision.

4. Fankhauser states that a critical need exists for monitor-ing devices to be located at the Moscow Elementary School for use by school officials. Radiological releases pose the greatest threat to elementary school children among all school age children.

5. Applicants state that there is no way to further involve the citizenry in the Zimmer vicinity to assist in monitoring the plant. This represents a serious failing in the emergency plans.

Fankhauser will propose a number of ways in which citizens involve-ment could be heightened.

6. Applicants have not shown that there will be continous monitoring of all isotopes. Fankhauser states that continous moni-toring of all isotopes is necessary.

7. On page 11 of Applicants' Memorandum Applicants state "there are no on-line monitor presently available which are capable of .

detecting radioactivity in the order of the numerical guides cos-tained in 10 C.F.R. Part 50, Appendix I." Such an allegation is 08I bt\\

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irrelevant to the issue raised by Fankhauser's contention that no monitoring readouts are provided at tha city water works. The need exists for independent and continous monitoring at the Water Works.

8. Concerning Fankhauser's Contention 2(e), Applicants have requested summary disposition on this contention claiming it is vague and unclear. The monitoring plans as they are now are not as comprehensive as possible. .

9. Concerning Contention 2(f), Applicants state that there will be " periodic isotopic evaluation of foodstuffs." This statement of Applicants lacks reasonable specificity. Monthly assays of isotopic concentration in foodstuff are a minimum requirement.

10. Applicants contend that "there is no demonstrated need for such a ' ring of monitoring stations' ". The two year study of the wind rows at the Zimmer site demonstrates an overwhelming need for a ring of monitoring stations surrounding the site for continous monitoring of gaseous releases. Furthermore, the recent event at Three Mile Island indicates the same need not only for continous monitoring by a ring of monitoring stations but also that it be monitored by appropriate public and private agencies independent of Applicants.

Contention 4

11. Fankhauser contends that all subparts of his Contention #4 have merit. At present there have been no actual tests or drills of the emergency plan. Without an actual test of the plan, it is Fank-hauser's contention that the plan must be deemed to be inadequate.

See The Comptroller General's Report To The Congress of the United States, " Areas Around Nuclear Facilities Should Be Better Prepared For Radiological E=ergencies", p. 14-19; GAO Report EMD-78-110, 2234 182 re .1 <

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March 30, 1979.

12. Page 17 of Applicant's Memorandum discusses prompt noti-fication of public authorities. Applicant's notification system is vague. Further, table F-5 of the Emergency Plan contains incorrect addresses and phone numbers of agencies Fankhauser is personally familiar with such as the Clermont County Disaster Services. In ad-dicion, the Clermont County Disaster Services is not empowered to

" direct response of county groups" as alleged in Table F-5, but may coordinate various county groups.

13. While Fankhauser is unable to demonstrate by affidavit at this time due to the unavailability of witnesses, he expects at the hearing to show by way of expert testimony that an emergency monitoring and notification system is inherently deficient if it is based upon the requirement that employees of the Applicants will have the prime responsibility for monitoring and providing public agencies with notification of emergency and potential emergency situations at the Zimmer site. Applicant has alluded to the possi-bility of an official of the NRC being at Zimmer and monitoring its activities on a continuous basis. Whether or not this will be the case, is a critical point to resolve. Fankhauser sees the need for an official of the NRC to be at the Zimmer Station at all times.

14. At present, contact with the Clermont County Disaster Services Agency indicates that there still exists a serious pro-blem of notifying the local populace in a timely fashion in the event of an emergency. There also is a need to involve the local population in emergency drills and to provide the population with information concerning radiological releases.

15. Fankhauser will show at the hearing that there is still a bbk

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. critical need to refine and better develop the plans of the Clermont County Disaster Services Agency particularly in the areas of notifi-cation of the population and early notification to public agencies of an emergency situa: ion.

16. Fankhauser expects to show at the hearing that the staff at the Cincinnati General Hospital is not sufficiently able to cope with emergencies precip itated by accidental releases of radioactivity.

17. With ressect to Contention 4(F)(G) and (H), as previously stated;Fankhauser will present expert testimony at the hearing to demonstrate the r.eed for independent and continous monitoring for potential releases of radioactivity. Further, there is no showing that local agencies have adequate equipment, particularly vehicles, to cope with emergencies.

Contention 5

18. By Applicants' own admission there are no plans or knowledge of the shipping of waste material. It is Fankhauser's contention that safety in the transportation is partially dependent upon the trans-portation routes which, as of yet, have not been developed.

Contention 6

19. As previously stated, the dose levels to the children of the Moscow Elementary School cannot be calculated if no definite plans fori)h(ppin'g, waste materials from the site exists. Applicants' calculations are premised upon the shipping of waste materia'.s and, 2234 184

AFFIDAVIT OF DAVID FANKHAUSER David Fankhauser, being first duly sworn hereby affirms the following to be true.

1. I have read all the allegations contained in the foregoing Intervenor Fankhauser's Response To Applicant's Motion For Summary Disposition and, to the best of my knowledge, all the allegations contained therein are true.

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David Fankhauser Subscribed by in my presence and sworn to me this I.,r day of 1

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therefore, are inaccurate.

Respectfully submitted,

.om ,.  :. h t G Jopn Woliver Mtorney for Intervenor Fankhauser P.O. Box 47 550 Kilgore Street Batavia, Ohio 45103 (513) 732-2422 Certificate of Service I hereby certify that a true copy of the foregoing was served upon all parties to the above proceeding this /#' day of N3?vo ,

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