ML20102C261

Memorandum in Opposition to Summary Disposition of Contention Z.Training of Any Sort for Bus Drivers Involved in Evacuation Activities Considerably Less than Applicant Assertions

ML20102C261
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 8503050428
Download: ML20102C261 (2)

Text

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UNITED STATES OF AMERICA ' :r'jl7 3 NUCLEAR REGULATORY COMMISSION - 3:

Before the Atomic Safety and Licensing Board

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In the Matter of , ) [' - g; p _ .,

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Tile 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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SUNFLOWER'S MEMORANDUM IN OPPOSITION TO

SUMMARY

DISPOSITION OF CONTENTION Z By 10 CFR Section 2.749 (d), Applicant must si.'ow 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).

As the Niznik Affidavit accompanying Sunflower's response to Contention Q depicts, training of any sort for bus drivers who would be involved in evacuat-ing members of the public has been considerably less than Applicant's assertions.

Ms. Niznik avers that she has had no training in dosimetry, the offsite plans or specific driver duties. This lack alone comprises a compelling reason to require bus drivers to have access to protective gear such as respirators and goggles, much less training needed on routes.

Applicant also attempts to persuade the Board to indulge in a fan-tastic, and quite contradicted,' assumption. At para. 6 of its " Statement of Material Facts," Applicant. claims:

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8.. y Oth'er factors reducing the chance that bus drivers will be exposed to any radiation hazard includ the facts that emergency plans contemplate evacuation before any significant-radiation release....

'This is false. At p. 4-32 of the PNPP Plan, evacuation is " con-templated" only after EALs measure 1 rem whole body /5 rem thyroid. Perhaps in Disneyland such levels are not significant, but this distortion does not play well.in Northeastern Ohio. It renders painfully subjective and inclusive the self-serving declaration that bus drivers are "well protected."

WHEREFORE, the motion for summary disposition should be dismissed.

Respectfully submitted, By ' Oh,! ' / .

[f ry J. Lodge

[f 3 N. Michigan Street.

S ite 105 Toledo, Ohio 43624 Phone:-(419) 255-7552 Counsel for Sunflower Alliance i

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