ML20070C521

Memorandum Supporting Zimmer Area Citizens-Zimmer Area Citizens of Ky & City of Mentor,Ky 821119 Petition for Appointment of Consulting Firm to Review & Monitor third- Party Audit.Certificate of Svc Encl

ML20070C521
Person / Time
Site:	Zimmer
Issue date:	12/10/1982
From:	Woliver J FRANKHAUSER, D.D., WOLIVER, J.D.
To:	NRC COMMISSION (OCM)
References
ISSUANCES-OL, NUDOCS 8212140205
Download: ML20070C521 (4)

Text

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UNITED STATES OF AMERICA Dxwd

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NUCLEAR REGULATORY COMMIS i'N j

BEFORE THE COMMISSION 2

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Docket ITW, _50-35'd-OL In the Matter of MEMORANDUM OF INTERVENOR THE CINCINNATI CAS & ELECTRIC DAVID FANKHAUSER IN SUPPORT COMPANY, et al.

OF PETITION BY INTERVENOR ZIMMER AREA CITIZENS-ZIMMER (Wm. II. Zimmer Nuclear Power AREA CITIZENS OF KENTUCKY AND Station)

CITY OF MENTOR, KENTUCKY, FOR FOR THE APPOINTMENT OF A CONSULTING FIRM NOMINATED BY INTERVENORS TO REVIEW AND MONITOR THE THIRD-PARTY AUDIT On November 19, 1982, a Joint Petition was filed by Intervenor Zimmer Area Citizens-Zimmer Area Citizens of Kentucky and Intervenor City of Mentor seeking the appointment of a consulting firm nominated by Intervenors to review and monitor the third party audit of the William H. Zimmer Nuclear Power Station.

Intervenor David Fankhauser supports that petition for the reasons set forth in the November 19, 1982, Petition and further states the following.

t Since March 19, 1976, when the Atomic Safety And Licensing Board granted Dr. David Fankhauser intervenor status, his concern and involvement with safety and environmental related issues in this proceeding are a matter of record.

Without a reiteration of the events of the past two years which are documented in the Cornission's Order of November 12, 1982 and the November 19, 1982, Petition, it is clear that the situation to be investigated by an audit of the 8212140205 821210 PDR ADOCK 05000358 G

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alleged deficiencies at the Zimmer plant is critical. Pursuant to Section IV(B)(1) of the November 12, 1982 Order, an independent review of the licensee's management of the Zimmer project will be had to determined measures needed to insure that construction of the Zimmer plant can be completed in conformance with the Commission's regulations and construction permit.

It is submitted that the intervenors sponsoring the November 19, 1982, Petition and Intervenor Fankhauser, by virtue of their intervention status in the licensing proceedings, have a very real and legally recognizable interest in all activities related to Section IV(B)(1) of the Commission's Order.

For these intervenors to partici-pate meaningfully in this process, the Commission must issue an order which establishes such participation on an on going basis as suggested by the November 19, 1982 Petition.

Respectfully submitted, if,I.-:

/ John Woliver

./ Attorney for David Fankhauser i

P.O. Box 279, 233 East Main Street Batavia, Ohio 45103 513 732 1632 CERTICATE OF SERVICE l

I hereby certify that copies of the foregoing document has been served by ordinary U.S. Mail postage prepaid upon the following persons this day of /27 I

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December, 1982:

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Chairman Nunzio J. Palladino William J. Moran, Esq.

U.S. Nuclear Regulatory Commission General Counsel Washington, D.C.

20555 Cincinnati Cas & Electric Co.

P.O. Box 960 Commissioner John F. Ahearne Cincinnati, Ohio 45202 U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Chase R. Stephens Docketing and Service Branch Commissioner James K. Asselstine Office of the Secretary U.S. Nuu. ear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Washington, D.C.

20555 Commissioner Thomas M. Roberts Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Board Panel Usshington, D.C.

20555 U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Commissioner Victor Gilinsky U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D.C.

20555 Appeal Board U.S. Nuclear Regulatory Commission John H. Frye, III, Chairman Warhington, D.C.

Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Lynne Bernabei, Esq.

Washington, D.C.

20555 Government Accountability Project 1901 Q Street, N.W.

Dr. Frank F. Hooper Washington, D.C.

20009 Administrative Judge School of Natural Resources Charles A. Barth, Esq.

University of Michigan Counsel for the NRC Staff Ann Arbor, Michigan 48109 Of fice of the Executive Legal Director Dr. M. Stanley Livingston, Member U.S. Nuclear Regul atory Commission Atomic Safety and Licensing Board Washington, D.C.

20555 1005 Calle Largo Santa Fe, New Mexico 87501 Troy B. Conner, Esq.

Brian P. Cassidy, Esq.

1747 Pennsylvania Avenue, N.W.

Of fice of the General Counsel Washington, D.C.

20006 Federal Emergency Management Agency 500 C Street, S.W.

Washington, D.C.

20472

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David K. Martin, Esq.

Andrew Dennison Assistant Attorney General 200 Main Street.

l Acting Director Batavia, Ohio 45103 Division of Environmental Law Office of the Attorney General George Pattison, Esq.

209 St. Clair Street Prosecuting Attorney i

Frankfort, Kentucky 40601 Clermont County y

462 Main Street Deborah Webb, Esq.

Batavia, Ohio 45103 7055 Alexandria Pike j.J~~

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Alexandria, Kentucky 21001 s

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