ML19329F772

Contentions Per Discussions W/Nrc & Applicant Re OL Application.Alleges Absence of Adequate Communication Sys for Coordination & Direction of Evacuation.Certificate of Svc Encl

ML19329F772
Person / Time
Site:	Zimmer
Issue date:	06/13/1980
From:	Dennison A DENNISON, A.B., ZIMMER AREA CITIZENS - ZIMMER AREA CITIZENS OF KY
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8007110094
Download: ML19329F772 (15)

Text

.

b UNITED STATES OF AMERICA .

y, .

NUCLEAR REGULATORY COMMISSION  ::=~a t.

ATOMIC SAFETY AND LICENSING BOARD k *" b'JU!!1 cit:7yyi ' Charles Bechhoefer, Chairman .9.((.'. Dr. Frank F. Hooper, Member

                                                               ~'"

Glenn O. Bright, Member O 600$75 y . l e rTT . _ In the Matter of  : -2/ CINCINNATI GAS AND ELECTRIC  : COMPANY, ET AL.  : DOCKET NO. 53-358 (William H. Zimmer Nuclear  : APPLICATION FOR Power Station)  : OPERATING LICENSE, CONTENTIONS ZIMMER AREA CITIZENS-ZIMMER AREA CITIZENS OF KENTUCKY Zimmer Area Citizens-Zimmer Area Citizens of Kentucky (ZAC-ZACK) submits its contentions, post discussions with staff and appli-cant, in accord with the past orders of the Atomic Safety and Licens- , ing Board as to the acceptability of the contentions. The staff and applicant will separately file their respective comments. It is this counscl's general understanding that no objection is lodged; however, it is not conceded that the contentions have merit or basis. This understanding is subject to the respective comments of staff and i l applicant and no representation as to the position of staff and appitcant is here intended or advanced. CONTENTIONS The following authorities are incorporated into each enumer-ated contention as the basis for each contention as those authorities, present and proposed, relate generally to the health and safety of the pcblic and specifically to emergency preparedness, coping with emer-gency, evacuation and monitoring. p545 b ' 80072 20 h.

 .:::.=

EEUh 7=+. 1 I. 42 U.S.C. 52133 (b) (2) and (3) as the same applies to , i

        -safety standards to protect health and minimize danger to life or property of the public as promulgated by Commission rule; II. 10 C.F.R. 5 2.10 4 (c) ( 3) and (6) as the same applies to the requirement that applicant present reasonable assurance that its activities can be    onducted without endangering the health and safety

. of the public; III. 10 C.F.R. S50. 3,4 (a) (10 ) and (b) (6) (v) as the same incorporates 10 C.F.R. Part 50, Appendix E, present and as proposed, requiring that applicant, in its obligation to cope with emergencies, to assess the risk to the public health and safety and the mitigation of the consequence of accidents in the preliminary and final plans a submitted on that aspect; IV. 10 C.F.R. S50.35(c) as the same incorporates the license requirements and regulations of the Commission requiring that the applicant reasonably assure that its activities will not endanger the health and safety of the public; V. 10 C.F.R. S50. 57 (a) (2) , (3) and (6) and (b) as the same require that applicant operate its facility in conformity with the rules and regulations of the Commission; that applicant present reasonable assurance that its activities can be conducted without endangering the health and safety of the public, together with such limitations and conditions which may be required to assure that the operation of the facility will not endanger public health and safety; VI. 10 C.F.R. S50.109 requiring backfitting af a facility where such action is necessary for additional protection required for i the health and salety of the public; 4

1 1 VII. 10 C.F.R. 550.33(g) [ Proposed Rules, 44 Federal ,  ; Registek 75167 (No . 2 4 5 ) , December 19, 1979] as the same provides j for the schmission by applicant of radiological emergency response - f plans.for state and local' government, wholly or partially within

           -the plume exposure pathway of the Emergency Planning Zone, such zone                 '

consisting of an approximate 10-mile radius of the nuclear power facility and pertaining to the relationship of emergency response needs and capabilities as affected by the location conditions of

demography, topography, land characteristics, access routes and local jurisdiction boundaries; VIII. 10 C.F.R. 550.47 [ Proposed Rules, 44 Federal Reg-ister 75167 (No. 24 5) , December 19, 1979] as the same provides for ,

appropriate protective action, including evacuation, for any reason-ably anticipated population within the plume exposure pathway of the Emergency Planning Zone; IX. 10 C.F.R. Part 50, Appendix E [ Proposed Rules, 44 Federal Register 75167 (No. 245), December 19, 1379] as the same applies to minimum requirements for emergency plans for attaining a

   ,      -state of emergency preparedness, including emergency plans, considering; access-routes, population distribution, land.use for Emergency Planning:

Zones; onsite and offsite organizations for coping with emergencies ' and the means for notification in the event of emergency; contracts or agreements with local and state agencies responsible for coping with emergencies; protective measures.within each Emergency Planning Zone for' the protection of the health and safety of the public, including

         . who authori=es evacuation, public notification and instructions, and the manner in which the evacuation is to be carried out; provisions
                                               --3   -
                                                                         ,          -s---    -

for a training program of persons whose assistance is necessary; time i i and means employed for notification of state and local agencies and the public in emergency; time required to evacuate various sectors and distances within the plume exposure pathway of the Emergency Planning Zone for transient and permanent population; the organization for coping with emergencies, assessment action, activation of emergency - organization, . notification procedures, emergency, facilities and equip-ment, training, maintaining emergency preparedness, offsite dose pro-jections and description of how projections will be made and the results thereof transmitted to state, local and federal agencies; offsite services provided and expected assistance from state, local and federal agencies; time required for evacuation; X. NUREG-0654, FEMA-REP-1 [For interim use, January 1980] as the same applies to the duration of radioactive release leading to potential exposure within a time period from one-half hor.r to days and relating to shelter and evacuation considerations and decisions; administration of thyroid blocking agent, potassium iodine; ability to reduce exposure during the course of an accident; type of exposure;

 . and the necessity of contiguous state emergency planning where, as here, the Emergency Planning Zones involve two states; XI. NUREG-0610 (For interim use, September 1979] as the same sets forth four classes of emergency action level, provides for prompt notification for mcbilization of emergency personnel and evac-uation and natural phenomenon and. severe natural phenomena of flood and tornado; XII. Presumed revised radiological monitoring standards currently being revised and incorporated -in a draft of NUREG-0660,

_4_

March 7, 1980 (cf. p. 7 and footnote 4, Memorandum and Order, April I 22, 1980] and presumed future application of Appendix 2, "Meterologica Criteria for Emergency Preparedness at Operating Nuclear Power Plants,' appendices of NUREG-0654, FEMA-REP-1 and other appendices of that NUREG pertaining to prompt notification of the population within ' s the plume exposure pathway, evacuation time estimates and Emergency Operations Facility. Con ten ti ons Presented. ~

1. The evacuation plans for the plume exposure pathway of

    ~

the Emergency Planning Zone, approximately a 10-mile radius of the Zimmer Power Station and consisting of, and involving, parts of Clermont County, Ohio, Bracken County, Kentucky, Pendelton County, Kentucky and Campbell County, Kentucky, and potentially parts of Brown County, Ohio, and the municipal and village political sub-divisions therein, are inadequate in their respective failures to . L timely and promptly evacuate the population within that zone to appropriately reduce, or minimize, radiation exposure for the pro-tection of the safety and health of the public, due to: a]. The absence of a local control site, or emergency  ; operations facility, in any one, more, or all of the aforestated l counties, as the emergency resource and command center, properly equipped and staffed, for offsite local and state personnel possess-ing the responsibility for controlling the area evacuation, directing, and altering as necessary, evacuation routes and directing and deploying local police, fire and para-medic personnel; b]. The absence of adequate communication system, or systems, both telephone and radio, for the coordination and direction 5-

                                                                             +  v

of evacuation and receipt and dissemination of data and information within any~ involved county, among involved counties and between

• county or counties and the site, and for communications between the emergency resource and command center and the site and police, fire r and para-medic personnel; ,

c]. The public roadways, as access roads for the evac- J uation of the Emergency Planning Zone populace of Clermont County, Ohio and Bracken, Pendelton and Campbell Counties, Kentucky, are inadequate to promptly and timely evacuate the involved population, and under circumstances of wind direction presenting the plume exposurs pathway in the involved Kentucky Counties no adequate access road is available to afford evacuation of that population; d]. Bracken and Pendelton Counties, Kentucky have no local agency responsible for emergency preparedness, creation of evacuation plans or monitoring for the protection of the health and safety of the residents of those communities, and have no emergency preparedness, evacuation' plan, ommunication system, monitoring control or coordinator for police, fire and para-medic personnel and the related summoning, directing and deployment of such personnel in an emergency situation; e]. The involved counties of Ohio and Kentucky possess no professional, full-time fire and life squads, relying totally upon volunteer, part-time personnel whose primary concern and respon-sibility is to other endeavors and who have limited tra ining; and the involved counties rely in many respects up~on volunteer, auxiliary policemen to supplement inadequately staffed local police units and the total full-time and auxiliary local police personnel, by number, l I l 1

are inadequate to provide immediate and necessary police control in [

                                                                                                                       .q an emergency situation and the-emergency resource personnel of police, fire and para-medic are inadequate for utilization during initial emergency and evacuation;
                                                                                                                         \

f]. During flood conditions of the Ohio River and its , tributaries, access roadways to the Zimmer Power Station and access roadways for evacuation, situated in Ohio, are impassable, and in

          . certain flooding conditions the Zimmer Station site is isolated and inaccessable to emergency vehicles and in such circumstances both population evacuation and offsite assistance to the Zimmer Station are im'possible; h]. During inclement winter weather conditions, road-ways in the involved counties of Ohio and Kentucky are impassable due to accumulations of ice and snow, rendering evacuation of the re-spective populations and response of offsite energency units to the I

Zimmer Station impossible for substantial time periods, and the majority of access roadways for evacuation purposes remain impassable for prolonged periods of times, measured in weeks, thereby prohibit-ing large segments of the Emergency Planning Zone populations of the involved counties from being evacuated by motor vehicle or other-wise being evacuated promptly and timely by other means; and a large segment of the Emergency Planning Zone populations of the involved counties are unable to reach access roadways from their residences for extended time periods during the presence and continuation of large accumulations of snow, thereby precluding either their evacuation by motor vehicle or the timely and prompt L_

evacuation by other means. 2.- The evacuation plans for the plume exposure pathway of the

• Emergency Planning Zone includes 18 elementary and secondary schools situated in Clermont County, Ohio and Bracken County, Pendelton County and Campbell County, Kentucky. Evacuation plans for these y schools are inadequate to evacuate the populations of such schools ,

in a time period required to reduce, or minimize, exposure and protect i the safety and health of the children, due to: , a]. An inadequate number of school personnel at each of the subject schools to direct, supervise and control the evacuation of school children to an approved receiving site;  ; b]. The school personnel at each of the subject schools lack the training and qualifications to supervise and administer aid and comfort to school children, especially school children in the elementary schools, during evacuation and housing in reception J sites during the emotional trauma occasioned by the emergency and evacuation, or to possess, control, supervise and administer the thyroid blocking agent, potassium iodine, as required, to such children; c]. The respective school districts do not possess a sufficient number of buses for a timely and orderly transportation i from the school.to a receiving site during evacuation; j d]. The respective school districts do not possess either the capability or the number of buses necessary to afford l transportation for the evacuation of school children where the j emergency evacuation arises during bus transportation of children for the commencement or termination of the school day, because of

                                                                            -I

the bus routing, multiple routes and trips, and a portion of the . children being located at the school site and the remaining children being transported in the available buses; e]. The inability of the respective school districts to summon buses to school sites in a prompt and timely manner,or provide standby buses where school evacuation is required during the course of the school day, the buses being located and stationed at various sites, unattended by drivers and the inadequate and ineffective means, or no means, of communication to drivers to advise of the emergency and to-require as response to the subject school to commence evacuation.

3. There are no warning devices, siren or otherwise, or other communicative means to timely, promptly and effectively advise and clert the community, incl'uding the schools within the Emergency Planning Zone portions of Clermont County, Ohio, and Bracken, Pendelton and Campbell Counties, Kentucky, of an emergency and evacuation of the population; and the terrain, or topography, and land character-istics and population distribution of each of the subject counties is such that no universal warning device, siren or otherwise, is capable of alerting the public and informing them of an emergency and evacuation; and the respective counties, and each c f them, is without financial means to employ various and numerous alternative devices and methods or the equipment and personnel necessary to warn, alert, advise and inform the public of emergency and evacuation within the time required for the protection of the health and safety of the subject communities.

_9_

, 4. The demogrcphy of th3 Emargancy Planning Zono portiong

            . of Clermont County, Ohio and Bracken, Pendelton and Campbell Counties, Kentucky, is such that no adequate, effective and positive education, training and advice to the public can be presented for the public's responsive, orderly and timely evacuation in    the event of accident.

5. Within the Emergency Planning Zones of the Zimmer Power Station. inclusive of a SG mile radius, there are inadequate medical facilities to afford the required bed space, medical and para-medical personnel, requisite medication, screening, treatment and isolation ofpersonssustainingradiologicklinjury; and the absence of adequate emergency materials, supplies, equipment and vehicles necessary for the transportation of injured persons, injured onsite and offsite, caring a radiological accident.

6. The monitoring devices selected and their placement onsite and offsite for the monitoring of anticipated radiation releases and accidential releases of radioactive materials, including plume exposure in the event of accident, as to the type and location are inadequate to protect the health and safety of the populations of Clermont County, Ohio and Bracken, Pendelton and Campbell Counties, Kentucky, and as the same applies to the monitoring of releases into the Ohio River as the same affects the drinking water, plant and animal life of that waterway subsequently consumed by the population of the subject counties; and the inability of such devices and their location and types to adequately and timely inform the applicant and the respective local and state agencies and related dissemination of such information to and for the protection of the public's health and safety.

7. The monitoring equipment, as to number, type and location,

 .f .

onsite and offsite, is inadequate for the independent monitoring by

l other sources, including at a minimum individuals and local and state agencies, in conjunction with applicant's monitoring, for the purpose l l of protecting the public's health and safety in radiation release, radioactive effluents and plume exposure in the emergency situation and the interest of the public in such information.

8. The absence of appropriate type and placement of monitoring devices at the 18 schools located within the 10 mile radius of the Zimmer Power Station, the absence of' trained local, state and school personnel to observe such devices and alert and advise accordingly, and the inadequacy of such devices to timely advise of dosage exposure sufficient under applicable standards to require protective action, jeopardize the health and safety of children continuing to be exposed to excessive dosage in the respective schools.

9. The absence of trained local and state personnel to conduct observations of monitoring devices to alert and advise the i

public of excessive dosage amounts under applicable standards of radiation releases, radioactive effluents and plume exposure in the emergency situation; the absence of a local agency site in Clermont County, Ohio and Bracken, Pendelton and Campbell Counties, Kentucky; the absence of trained local personnel; the absence of sufficiently trained personnel for 24-hour surveillance and the requisite equipment for the surveillance of onsite informational equipment for independent monitoring and awareness by such local personnel of an unusual ever*. alert, site emergency or general emergency developing or in being at the site, for simultaneous and responsive action to the same; results in the failure of local and state support and response agencies to possess adequate and necessary emergency preparedness, incticution of prottetiva measuras and corroet va actions, assessm:nt of the situation, alerting and advising the public and the institution ; of prompt and timely response for the minimizing and reduction of  ; i exposure by the'public for the public's health and safety. r  ;

10. The inadequacy of meteorological equipment and related j monitoring of the plume exposure pathway during emergency and the alteration of such path while in progress to furnish prompt, timely and correct information to applicant, local, state and federal person-nel to achieve timely and correct decision and to so inform the public of evacuation routes and alterations in such routes as required where the plume exposure path changes directions while in progress, is detrimental to the health and safety of the transient and permanent population within the plume exposure pathway of the Emergency Planning ,

Zone.

11. The absence of applicant's furnishing, or alternatively, inadequate furnishing, to the population within the plume expo.sure pathway of the Emergency Planning Zone of protective equipment and gear, including clothing, for use during an emergency and ensuing evacuation for that population's protection against radiological exposure, including whole body and inhalation, and such failure, or inadequacy, as the case may be, subjects the public to health and safety dangers and potential injury.

12. Clermont County, Ohio and Bracken, Pendelton and Campbell Counties, Kentucky do not possess the requisite funds or the financial means for.the purchase, installation and maintenance of the required equipment, the requisite personnel, the required training of its personnel or the creation of the necessary control centers to provide adequate protection for the health and safety of the public and the

I

                                                 ~                                                                                i applicant must be responsible for the expenses necessary to achieve                                                         I l

a state of emergency preparedness. -

13. The adequacy of onsite and offsite organizations for

,= coping with emergency and the adequacy of emergency preparedness a must be evaluated in a test conducted prior to commencement of the l 4 operation of the Zimmer Power Station as a joint exercise-drill in-volving applicant's emergency resource personnel, local and state emergency response personnel and partial public participation, in-cluding partial school participation, within the plume exposure path-way of the Emergency Planning Zone, demographical, topographical, accessable site and evacuation routes and local jurisdictional bound-aries being considered and examined, to determine the adequacy of implementing procedures and methods, the testing of emergency equip-ment and communication networks and timing, from which and due to the land characteristics, personnel, equipment and other relevent factors the state of emergency preparedness will not meet the required j standards for .he protection of the health and safety of the populace with the Emergency Planning Zone in an emergency circumstance. M ANDREW B. DENNISON~ M 200 Main Street Batavia, Ohio 45103 513-732-6800 Attorney for Intervenor ZAC-ZACK UNITED STATES OF AMERICA p NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD j' gg \';? hg unm 'p4g ' Charles Bechhoefer, Chairman H Jgp,'; g 2 3 y C Dr. Frank F. Hooper, Member i:" m, "3 0 > Glenn O. Bright, Member ., y3?{ 1j

                                                                                ..             is :

In the Matter of  : 6 LW d CINCINNATI GAS AND ELECTRIC  :

• COMPANY, ET AL.  : DOCKET NO. 50-358 (William H. Zinner Nuclear  : APPLICATION FOR Powcr Station)  : OPERATING LICENSE.

CERTIFICATE OF SERVICE I hereby certify that copies of " Contentions Zimmer Area Citizens-Zimmer Area Citizens of Kentucky" in the above-captioned proceedings have been served on the following persons by posting the same in the United States Mails, postage prepaid, this 13th day of June 1980. Charles Bechhoefer, Esq., Chairman Mr. Glenn O. Bright Atomic Safety and Licensing Board Atomic Safety and Licensing Board Panel Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. Frank F. Hooper Troy B. Conner, Esq. School of '?atural Resources Conner, Moore & Corber University of Michigan 1747 Pennsylvania Avenue, N.W.  ! Ann Arbor, Michigan 48109 Washington D.C. 20006 l William J. Morgan, Esq. Leah S. Kosik, Esq. General Counsel 3454 Cornell Place Cincinnati Gas & Electric Co. Cincinnat'i, Ohio 45220 i P.O. Box 960 l Cincinnati, Ohio 45201 John D. Woliver, Esq. I P.O. Box 47 l W. Peter Heile, Esq. 550 Kilgore Street ' Assistant City Solicitor Batavia, Ohio 45103 Room 214, City Hall Cincinnati, Ohio 45220 [1]

7 C Atomic Safety and Licensing Appeal Atomic Safety and Licensing Board *[ Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 [ Charles A. Barth, Esq. Mary Reder U.S. Nuclear Regulatory Commission Box 270 } Room MNBB 9604 Route 2 P 7735 Old Georgetown Road California, Kentucky 41007 Bethesda, Maryland 20014 Docketing and Service Section David K. Martin, Esq. Office of the Secretary Assistant Attorney General j U.S. Nuclear Regulatory Commission Acting Director g Washington, D.C. 20555 Division of Enviromental Law j Office of the Attorney General  : Robert A. Jones, Esq. 209 St. Clair Street Prosecuting Attorney Frankfort, Kentucky 40601 ' 154 Main Street s Batavia, Ohio 45103 1 [ _ l

                                                       ,                        'I W , h er'C'-                   y ANDREW B. DEIRMSON                        ,

200 Main Street / Batavia, Ohio 45103 Counsel for Intervenor ZAC-ZACK . s f ( i s [2]

                            ,}}