ML20137P649

Memorandum & Order Granting Applicant 851118 Motion for Summary Disposition of Joint Intervenors Contention EP-6. Contention Dismissed.Served on 860204

ML20137P649
Person / Time
Site:	Vogtle
Issue date:	02/03/1986
From:	Linenberger G, Margulies M, Paris O Atomic Safety and Licensing Board Panel
To:
References
CON-#186-960 84-499-01-OL, 84-499-1-OL, OL, NUDOCS 8602050285
Download: ML20137P649 (3)

Text

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) $0-6N c3 UNITED STATES OF AMERICA roctt7t_a g NUCLEAR REGULATORY COMMISSION -

FEB .4gggg , 3 ATOMIC SAFETY AND LICENSING BOARD i gn -// .

Before Administrative Judges: g's

""8d p Morton B. Margulies, Chairman f Gustave A. Linenberger, Jr. N '

Dr. Oscar H. Paris surED FEB4 1986

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In the Matter of ) Docket Nos. 50-424-0L

) 50-425-OL GEORGIA POWER COMPANY, et al.

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) (ASLBP No. 84-499-01-OL)

(Vogtle Electric Generating Plant, ) .

Units 1 and 2) ) February 3, 1986

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MEMORANDUM AND ORDER (Ruling On Applicants' Motion For Sumary Disposition of Contention EP-6)

By motion dated November 18, 1985, Applicants seek sumary disposition of Joint Intervenors' Contention EP-6. The contention alleges that public information and education materials called for by the emergency response plans for Plant Vogtle have not been made available and their provisions are unknown. NRC Staff, on December 9,1985, filed a response in support of Applicants' motion. No reply has been received from Joint Intervenors, Campaign for a Prosperous Georgia and Georgians Against Nuclear Energy. For the reasons discussed below, we grant the motion.

In an unpublished Memorandum and Order dated August 12, 1985, the Licensing Board admitted Joint Intervenors' Contention EP-6 for litigation.

As admitted, it alleges that the emergency response plans are deficient because although they call for the distribution of a printed brochure to all g2olB89 BIBE$P G

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1 emergency planning zone residents, the placing of an advertisement in the telephone directory containing basic emergency information and the distri-bution of warning notices, the contents of the materials are not available and known. The contention was interpreted by the Licensing Board as not to extend to challenging the substantive content of the public information and education materials that are to be provided. Joint Intervenors were informed that should they wish to challenge the substantive content of the materials they could do so by submitting other contentions to that end.1 See the October 1,1985, unpublished Memorandum and Order (Ruling on Applicants' Motion of September 5,1985, for Reconsideration and Clarification) at p. 3.

Applicants' motion for summary disposition seeks dismissal of the contention on the bases that the public information and education materials were made available and their contents revealed by furnishing copies of the materials to the Licensing Board and parties on October 4,1985, thereby resolving the issue raised by Contention EP-6 and satisfying the require-ments of 10 CFR 2.749 for granting the motion. The motion was supported by an affidavit from an employee of Georgia Power Company attesting to the furnishing of the public information and education materials to the Licensing Board and parties.

Staff in its response of December 9, 1985, is in agreement with Applicants that the motion be granted.

1 No such filing was made.

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The Licensing Board concludes that the subject motion should be granted and the contention dismissed.

10 CFR 2.714 provides that a motion for suninary disposition shall be granted if the record shows that there is ne general issue as to any material fact and that the moving party is entitled to a decision as a matter of law. The material fact at issue in the contention is whether the public information and education materials are available and their contents disclosed. The supporting affidavit, which is uncontroverted and which we accept as true, establishes that the materials have been made available and their contents are known. The material issue in the contention is therefore resolved in Applicants' favor thereby entitling them to a decision dis-missing the contention as a matter of law.

ORDER Based upon all of the foregoing, the Licensing Board grants Applicants' motion for sumary disposition of Contention EP-6 and the contention is hereby dismissed.

THE ATOMIC SAFETY AND LICENSING BOARD Morton B. Margulies, p5 airman ADMINISTRATIV AW JL9GE G A 4^-

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Dr. Oscar H. Pa~ris ADMINISTRATIVE JUDGE Dated at Bethesda, Maryland this 3d of February, 1986.