ML20102C314

Memorandum in Opposition to Summary Disposition of Contention Jj.Applicant Affiant,G Winters,Cites Statistics Re Backup Power & Fuel Sources from Secondary Source,In Nonaccordance w/10CFR2.749(d) Requiring Personal Knowledge

ML20102C314
Person / Time
Site:	Perry
Issue date:	03/02/1985
From:	Lodge T LODGE, T.J., SUNFLOWER ALLIANCE
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20102C140	List: ML20102C139 ML20102C153 ML20102C163 ML20102C190 ML20102C248 ML20102C250 ML20102C252 ML20102C255 ML20102C257 ML20102C261 ML20102C269 ML20102C292 ML20102C303 ML20102C308 ML20102C311 ML20102C314 ML20102C315
References
OL, NUDOCS 8503050486
Download: ML20102C314 (2)

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1^;. fir-J i.s R J UNITEDiSTATES OF AMERICA , . -

NUCLEAR REGULATORY COMMISSION O 7A5 -!r $d G6 Before the Atomic Safety and Licensing Boardg. 7: ~e . ,

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• s.sA.\0.3 In the Matter of- )

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THE-CLEVELAND ELECTRIC ) Docket Nos. 50-440 and 50-441 ILLUMINATING' COMPANY ) __,

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(Perry Nuclear Power Plant, )

Units 1 and 2) ')

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l SUNFLOWER'S MEMORANDUM IN OPPOSITION TO

SUMMARY

DISPOSITION OF CONTENTION JJ By 10 CFR Section 2.749 (d), Applicant must show that there is no genuine issue as to any material fact and that it is entitled to a decision as a matter of law. The record is to be viewed in the light most favorable to the party opposing the. motion. Poller v. Columbia Broadcasting System, Inc. 368 U.S. 464, 473 (1962); Pennsylvania Power & Light Co. and Allegheny Electric Cooperative, Inc._(Susquehanna Steam Electric Station Units 1 and 2), LBP-81-8, 13 NRC 335, 337 (1981).

Examination of Applicant's " evidence" is certainly in order.

10 CFR 2.749 (d)-requires Affidavits to be made upon " personal" knowledge.

Applicant's affiant, Gary Winters, cites numerous statistics regarding avail-able backup power and fuel sources, but in effect quotes statistics as a seconday source. Such information.is hearsay, being uncorroborated elsewhere in the l record of this proceeding.

Further, Winters attempts to bootstrap one of his own ipse dixit

' conclusions into evidence where, in para. 4 (d) of his Affidavit, he states

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I in conclusory fashion that { " school buses are kept refueled to handle f

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normal day-to-day workloads." This statement is directly rebutted by the Affidavit of Barbara Niznik which accompanies Sunflower's responses to Applicant's motion for summary disposition of Contention Q, and which is incorporated herein by reference. Affiant Niznik, as a school bus driver for Grand Valley School District, which is within the EPZ, states from personal knowledge that the policy of her district is not to refuel school buses until they register 1/4 or less fuel.

Niznik also has not received any instruction as to specific duties being an evacuation, which presumably would include a lack of instructions as to what she should do were her bus to require refueling in such an emergency.

WHEREFORE, Sunflower prays the Board to find that genuine issues of fact exist as to this contention, and that Applicant's motion be denied.

Respectfully submitted, By f h v i' r. .!--

prrg]J.Lof ;e 6L8{N MichdganStreet Suite 105 Toledo, Ohio 43624 Phone: (419) 255-7552 Counsel for Sunflower Alliance