ML20065A041

Answer Supporting County of Monroe 820827 Petition to Intervene to Reopen & Suppl Record.Certificate of Svc Encl

ML20065A041
Person / Time
Site:	Fermi
Issue date:	09/06/1982
From:	Minock J CITIZENS FOR ENERGY & EMPLOYMENT, MINOCK, J.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20065A031	List: ML20065A027 ML20065A041
References
NUDOCS 8209130113
Download: ML20065A041 (4)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In Re )

)

THE DETROIT EDISON COMPANY, et al. ) Docket No. 50-341

)

(Enrico Fermi Atomic Power Plant, )

Unit 2) )

ANSWER OF INTERVENOR CEE IN SUPPORT OF COUNTY OF MONROE'S PETITION FOR LEAVE TO INTERVENE i AND TO REOPEN AND SUPPLEMENT RECORD Now comes intervenor Citizens for Employment and Energy

("CEE") and requests that the ASLB grant the Petition of the County of Monroe (" County") for Leave to Intervene and to Reopen and Supplement Record (" Petition") , filed on August 27, 1982, and that the ASLB grant CEE further relief as is more fully stated below. As grounds therefor, CEE states:

1. That the County has a right to intervene in this proceeding, pursuant to 10 CFR 5 52.714 and 2.715, for the reasons set forth in its Petition.

2. That the Contentions stated in the County's Petition raise serious questions about whether "the state of offsite emergency planning provides reasonable assurance that adecuate protective measures can and will be taken in the event of a radiological emergency," a precondition to the issuance of an operating license pursuant to 10 CFR 550.47.

3. That the facts upon which the County's Contentions are based were not reasonabl:7 available to the present parties to this proceeding prior to the County's participation in efforts to develop its emergency planning capability and the County's subsequent filing of its Petition.

4. That through CEE's Contentions numbered 9 and 10 in its original Petition to Intervene, filed Oct. 9, 1978, and its Contentions numbered 8 and 9 in its Amended Petition to Intervene, filed dec. 4, 1978 (" Amended Contentions"), CEE has previously ssues parallel to those raised by the County's 8209130113 820904 PDR ADOCK 05000341 '

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Contentions, including the inadequacy of emergency planning for cities and towns beyond the immediate area of the proposed nuclear facility (Amended Contention 8) and the unavailability of adequate treatment for the victims of radiological accidents (Amended Contention 9).

5. That in its Prehearing Conference Order Ruling Upon Intervention Petitions of Jan. 2, 1979 ("Prehearing Order"),

rejecting CEE's Amended Contention 8 in major part, the ASLB relied primarily on the limited scope of then-applicable federal regulations, which have since been superseded by comprehensive regulations requiring an extensive offsite emergency planning effort, 10 CFR 550.47.

6. That in light of the changes in relevant federal regulations and the County's detailing of the inadequacies of offsite emergency planning in its Contentions, it is appropriate for the ASLB to reopen this proceeding now to consider a full range of issues regarding the adequacy of offsite emergency

, planning that are raised by the County's Contentions and by CEE's Amended Contention 8.

7. That in its Prehearing Order rejecting CEE's Contention 9, the ASLB stated that its rejection was subject to reconsideration if it were supplemented with specific examples of deficiencies in radiological treatment facilities (Prehearing Order at 14, 26).

8. That in light of the details provided by the County in its Contentions numbered 17,18, 20 and 22, it is appropriate for the ASLB to reopen this proceeding now to consider all the issues raised by the above County Contentions and by CEE' Amended Contention 9.

WHEREFORE, intervenor CEE prays:

A. That the County's Petition for Leave to Intervene be granted.

B. That each of the Contentions stated by the County in its l Petition be accepted.

l C. That the record in this proceeding be reopened and supplemented I as requested by the County.

l D. That CEE be permitted to present evidence and argument on the i issues raised by the County's Contentions.

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E. That CEE Amended Contentions 8 and 9 be accepted in this proceeding, or, alternatively, that the ASLB permit a full exploration of the issues raised in said Contentions.

Respectful submitted,

/ OI , 'h (:s f' hn Minock,, Esq. (P-24626) 05 Mapleridse-Ann Arbor, MI 48103 DATED: September 6, 1982 (313) 832-2600 l

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. . . . UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

)

In Re )

)

THE DETROIT EDISON COMPANY, et al.

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) Docket No. 50-341 (Enrico Fermi Atomic Power Plant, )

Unit 2)

CERTIFICATE OF SERVICE I, John Minock, attorney for intervenor Citizens for Employment and Energy in the above matter, hereby certify that I served the within Appearance of Counsel and Answer in Support of County of Monroe's Petition for Leave to Intervene and To Reopen and Supplement Record on all parties of record in this proceeding by depositing same in the United States mail, postage prepaid, addressed to the following:

Gary Milhollin, Esq. Paul Braunlich, Esq.

Chair, ASLB Panel 19 East 1st St.

University of Wisconsin Law School Monroe, MI 48161 Madison, WI 53706 Dr. David R. Schink Peter A. Marquardt, Esq.

Dept. of Oceanography Detroit Edison Co.

Texas A&M University 2000 Second Ave.

College Station, TX 77840 Detroit, MI 48226 Dr. Peter Morris David Howell, Esq.

ASLB Panel 3239 Woodward /

Nuclear Regulatory Commission Berkley, MI 48072' Washington, DC 20555

, Harry Voight, Esq.

LeBoeuf, Lamb, Leiby & MacRae 1757 N St NW Washington, DC 20036 this sixth day of September 1982. -

/ / 4:'d John Minock, Esq. (P-24626) 05 Mapleridge-l Ann Arbor, MI 43103 (313) 832-2600 i

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