ML20133P492
| ML20133P492 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 08/09/1985 |
| From: | Perlis R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20133P475 | List: |
| References | |
| OL, NUDOCS 8508140341 | |
| Download: ML20133P492 (2) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DeCHETED USNRC BEFORE THE' ATOMIC SAFETY AND LICENSING BOARD 185 NJ513 N0:26 In the Matter of r r.~'c E r e r e c d ~ - e
,Ive GEORGIA POWER COMPANY,
)
Docket Nos. 50-424 4
et al.
)
50-425 (0L)
(Vogtle Electric Generating Plant, Units 1 and 2)
NRC STAFF RESPONSE TO APPLICANTS' STATEMENT OF MATERIAL FACTS AS TO WHICH N0 GENUINE ISSUE EXISTS TO BE HEARD REGARDING CONTENTION 7 Appended to their Motion for Summary Disposition of Contention 7, Applicants submitted a document entitled " Statement of Material Facts as to which no Genuine Issue Exists to be Heard on Joint Intervenors Contention 7."
That document contained 20 numbered Statements of Material Fact which, pursuant to 10 C.F.R. 62.749(a), must be either controverted by the other parties or will be deemed admitted for purposes of any litigation which may involve Contention 7.
As noted in the attached Affidavit of Gary B. Staley, the Staff is in agreement with Statements 1, 2, 3, 4, 5, G, 8, 14, 16, 17, 18, 19 and 20. Staley Affidavit, f 4.
Statements 7 2
and 9 describe the geology underneath the Vogtle site. The Staff has discussed the geology under the site in both the SER (Section 2.4.12) and the FES (Section 4.3.1.2); the Staff does not contest Statements 7 and 9.
Statements 10 through 13 address the potential for an accidental spill at the site.
In the Staff's view, these Statements are beyond the scope of the concerns raised in the Contention.
As the Board noted in 8508140341 850009 PDR ADOCK 05000424 0
PDR '
it: Order of September 5, 1984, the gravamen of this contention is the effect an accidental release of radiation could have on the groundwater underneath the Vogtle site. 20 NRC 887, 898-900.
For the purpose of its Response to the Applicants' Motion for Summary Disposition, the Staff has conservatively assumed that an accidental release could occur. The Staff therefore takes no position with respect to the information contained in Statements 10 through 13.
Finally, although the Staff has reason to believe that releases at SRP may not be applicable to Vogtle (Staley Affidavit,1 18), the Staff has not performed a detailed study of conditions at SRP and therefore takes no position with respect to Statement 15.
Respectfully submitted, Robert G. Perlis Counsel for NRC Staff Dated at Bethesda, Maryland this 9th day of August,1985 i
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