ML20138A227
| ML20138A227 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 03/10/1986 |
| From: | Churchill B GEORGIA POWER CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20138A232 | List: |
| References | |
| CON-#186-379 OL, NUDOCS 8603140134 | |
| Download: ML20138A227 (22) | |
Text
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ch 10, 1985 N UNITED STATES OF AMERICA gm NUCLEAR REGULATORY COMMISSION
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In the Matter of
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GEORGIA POWER COMPANY, et al.
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Docket Nos. 50-424
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50-425 g b (Vogtle Electric Generating Plant, )
Units 1 and 2)
)
APPLICANTS' MOTION FOR
SUMMARY
DISPOSITION OF JOINT INTERVENORS' CONTENTION EP-2/EP-2(h)
(PUBLIC INFORMATION FOR TRANSIENTS)
Pursuant to 10 C.F.R.
$ 2.749, Applicants hereby move the Atomic Safety and Licensing Board (" Board") for summary dispo-sition in Applicants' favor of Joint Intervenors' Contention EP-2/EP-2(h).
Applicants base this motion on the grounds that no genuine issue exists to be heard as to any material fact with respect to Contention EP-2/EP-2(h) and that Applicants are entitled to a decision in their favor as a matter of law on this contention.
In support of this motion for summary disposition of Con-tention EP-2/EP-2(h), Applicants rely upon:
(1)
" Applicants' Statement of Material Facts as to Which No Genuine Issue Exists to Be Heard Regarding Contention EP-2/EP-2(h)";
0603140134 860310 PDR ADOCK 05000424 0
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(2)
" Affidavit of Richard L. Bryant on Contention
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EP-2/EP-2(h)," dated March 10, 1986 ("Bryant Affidavit");
(3)
" Affidavit of Bobby R. Maunay on Contention
.EP-2/EP-2(h),". dated March 10, 1986 ("Maunay Affidavit");
(4)
" Affidavit of Harold W. Awbrey on Contention
[
EP-2/EP-2(h)," dated March 10, 1986 ("Awbrey Affidavit");
(5)
"Affjdavit of H.E. Wald on Contention EP-2/EP-2(h),"
(
dated March 10, 1986 ("Wald Affidavit");
f i
(6)
" Affidavit of Kevin P. Twine on Contention t
l EP-2/EP-2(h)," dated March 10, 1986 (" Twine Affidavit");
l l
(7)
" Affidavit of Jean M. DiLuzio on Contention t
i
(
EP-2/EP-2(h)," dated March 10, 1986 ("DiLuzio Affidavit"); and (8) all filings in this proceeding, depositions, and an-swers to interrogatories, together with the statements of the i
l parties.
I i
l l
l I.
Background
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l l
As initially proposed by Joint Intervenors, Contention l
EP-2 alleged generally:
i i
Applicants fail to show that provisions exist for prompt communications among prin -
i cipal response organizations to emergency personnel and the public as required by l
The thrust of Joint Intervenors' concern was specified in subpart (h) of EP-2, which asserted:
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f Applicants provide no assurance that tran-l sients who are unfamiliar with the area l
will understand the implications of a warn-L ing signal in the event they are able to l
hear it.
See " Joint Intervenors' Revised Contention Relating To Emergen-i j
-cy Response" (June 24, 1985), _at 4.
l l
In its August 12, 1985 " Memorandum and Order (Ruling On Joint Intervonors' Proposed Contentions On Emergency Planning)"
l
(" August 12 Order"), the Board acknowledged the existing com-mitment to place signs for transients along the Savannah River, and to place a notice in' local phone directories, but ruled:
Neither the Vogtle Plan nor the Burke Coun-ty Plan * *
- mention the placing of no-tices elsewhere where the remaining tran-sient population may be within the EPZ.
On this basis we find Contention EP-2(h) ad-l missible.
August 12 Order, at 19-20.
Since the admission of Joint Intervenors' Contention EP-2/EP-2(h), the parties have undertaken discovery related to that contention.
The written discovery pursued by the parties has consisted of:
" Applicants' First Set of Interrogatories and Requests For Production of Documents on l
Emergency Planning Contentions" (September
)
20, 1985), at 15-17, 40-41; I
(.
"NRC Staff's Emergency Planning Interroga-tories To Joint Intervenors Campaign For A Prosperous Georgia (CPG) and Georgians Against Nuclear Energy (GANE)" (October 7, 1985), at 8; i
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' Intervenors' First Set of Interrogatories and Requests To Produce Relating To Emer-gency. Planning" (October 15, 1985), at 5; "Intervenors' Response to Applicants' First Set of Interrogatories and Requests To Pro-duce Concerning Emergency. Response Conten-tions" (October 28, 1985) ("Intervenors' 10/28/85 Responses"), at 5-6;
." Applicants' Response To Intervenors' First
' Set of Interrogatories and' Requests For Production of Documents on Emergency Plan-ning Contentions" (November 13, 1985), at 34-35; and "Intervenors' hosponse To NRC Staff's In-terrogatories Relating To Emergency Plan-ning" (January 24, 1986), at 3.
On January 6, 1986, Applicants deposed Mr. Seymour Shaye, whom Joint Intervenors had indicated would testify on the subject of emergency planning.
Intervenors' 10/28/85 Responses, at Re-sponse G-5(a).
II.
Legal Standards for Summary Lisposition The admission of a contention for adjudication in a li-censing proceeding under the standards enunciated in 10 C.F.R. 5 2.714 does not constitute an evaluation of the merits of that contention.
Instead, such a ruling reflects merely the deter-mination that the contention satisfies the criteria of specif-icity, asserted basis, and relevance.
The admission of a con-tantion also does not dictate that a hearing be held on the - -
F.
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issues raised.
Section 2.749(a) of the NRC's Rules of Practice i
authorizes a licensing board to grant a party to the proceeding summary disposition of an admitted contention without proceed-ing to a hearing.
That section provides that "[a]ny party to a proceeding may move, with or without supporting affidavits, for a decision by the presiding officer in that party's favor as to all or part of the matters in the proceeding."
10 C.F.R. 5 2.749(a).
Delineating the standard to be applied by a licensing board in ruling upon such a motion, that section further states:
l The presiding officer shall render the de-cision sought if the filings in the pro-l ceeding, depositions, answers to interroga-tories, and admissions on file, together I
with the statements of the parties and the affidavits, if any, show that there is no genuine issue of fact and that the moving party is entitled to a decision as a matter of law.
j 10 C.F.R. 5 2.749(d).
The standards governing summary disposition motions in an NRC licensing proceeding are quite similar to the standards applied by federal district courts to summary judgment motions under Rule 56 of the Federal Rules of Civil Procedure.
Alabama l
Power Co. (Joseph M.
Farley Nuclear Plant, Units 1 and 2),
ALAB-182, 7 A.E.C. 210, 217 (1974); Tennessee Valley Authority i
l (Hartsville Nuclear Plant, Units 1A, 2A, 1B and 2B), ALAB-554,
/
I i l l
I.
10 N.R.C.
15, 20 n.17 (1979).
Where, as here, a motion for p
l summary disposition is properly supported pursuant to the Com-mission's Rules of Practice, a party opposing the motion may not rest upon the mere allegations or denials of its answers.
Rather, an opposing party must set forth specific facts showing that a genuine issue of fact exists.
10 C.F.R. $ 2.749(b).
Where the movant has made a proper showing for summary disposi-tion and has supported his motion by affidavit, the opposing party must proffer countering evidentiary material or an affi-davit explaining why it is impractical to do so.
Public l
Service Co. of New Hampshire (Seabrook Station, Units 1 and 2),
LBP-83-32A, 17 N.R.C.
1170, 1174 n.4 (1983), citing Adickes v.
Kress & Co., 398 U.S.
144, 160-61 (1970).
l The Commission and its adjudicatory boards have encouraged the use of the summary disposition process where the proponent of a contention cannot establish that a ger.uine issue exists, so that evidentiary hearing time is not unnecessarily devoted to such issues.
Statement of Policy on Conduct of Licensing Proceedings, CLI-81-8, 13 N.R.C. 452, 457 (1981); see also Houston Lighting and Power Co. (Allens Creek Nuclear Generating Station, Unit 1), ALAB-590, 11 N.R.C. 542, 550 (1980) ("[T]he Section 2.749 summary disposition procedures provide in reality as well as in theory, an efficacious means of avoiding --
O unnecessary and possibly time-consuming hearings on de-monstrably incubstantial issues.")
In the case of contested offsite emergency planning issues, there is special reason to give the summary disposition process the diligent effort required to scrutinize the parties' pleadings and eliminate all matters as to which there is no genuine issue to be heard.
The expenditure of hearing time on truly baseless allegations would be contrary to not only the interests of the public at large and the parties to the pro-i ceeding, but also the numerous non-party State and local agency personnel (and perhaps representatives of private response or-ganizations) whose participation would be required.
i III.
Argument i
As discussed more fully below, a thorough survey of the Vogtle plume exposure pathway Emergency Planning Zone ("CPZ")
l has been conducted to identify all transient populations in the area, and a comprehensive program has been designed to assure that transients are provided with information needed for re-l sponse to a Vogtle emergency.
Bryant Affidavit at 11 4, 16; l
Maunay Affidavit at 1 4; Awbrey Affidavit at 1 4; Wald Affida-l vit at 1 4; Twine Affidavit at 1 3.
Applying the Commission's 1
summary disposition standards to the facts of this case, it is 1 :
l 1
f.
i therefore clear that the instant motion.for summary disposition l
l of Contention EP-2/EP-2(h) should be granted, i
A.
Burke County The transient population in that portion of Burke County i
which~ lies within the EPZ is comprised of'non-resident (1) sportsmen, (2) motorists passing through the area,
.(3) employees working in the area, and (4) individuals making occasional brief visits to attend church, the Plant Vogtle Vis-itors Center, commercial establishments, or for other such rea-sons.
Also included in this analysis are the staff and stu-dents of Girard Elementary School (the only school in the EPZ),
although the school will be closed permanently no later than September 1987.
Bryant Affidavit at 1 3.
The Burke County program for dissemination of Vogtle emer-l gency public information to transients has a number of ele-ments.
These include the emergency public information bro-chure, information placed in the local telephone directory, stickers on or near public phones, and large warning signs (for I
outdoor use) and smaller warning signs (for indoor use) for posting at strategic locations in the EPZ, such as commercial establishments,' gas stations, and areas used by sportsmen.
Each of these will provide the basic information needed by a (
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r-a transient to respond effectively to a warning of an emergency at Plant Vogtle.
Each will inform the reader that he is near Plant Vogtle, indicate how notification of an emergency would be provided, explain what actions should be taken if a warning is received, and list appropriate EBS stations for the area.
The signs and stickers will also refer the reader to the tele-phone directory insert, which will include more detailed in-formation.
Bryant Affidavit at 11 16-17.
The use of each of these means is described in greater detail below.
At the up-river and down-river boundaries of the EPZ, warning signs will be posted on both banks of the Savannah River, to provide information to sportsmen.
Georgia Power Com-pany will also provide outdoor warning signs to appropriate local officials and landowners, for posting at Miller's Pond and at the boat launches within the Burke County portion of the EPZ.
In addition, Georgia Power Company will provide each hunting club in the EPZ with a supply of the brochures, for distribution to their membership.
Sportsmen will also be in-formed by warning notices posted in commercial establishments within the EPZ, where they stop for supplies, gasoline, food, or lodging.
Finally, the public telephone stickers and the telephone directory insert are additional means of informing 1
sportsmen.
Bryant Affidavit at 1 19; DiLazio Affidavit at 11 7, 14.
) -
Motorists traveling through the area will ne informed by the warning notices posted in commercial establishments (when they stop for gasoline, food, lodging, etc.), and by the in-formation on the public telephone stickers and in the telephone directory.
Those who do not stop will spend a maximum of 25 minutes in the EPZ.
Bryant Affidavit at 1 20.
The greatest number of non-resident employees is the Plant Vogtle work force.
All Vogtle construction workers, plant per-sonnel and contractor personnel receive instruction on the methods of personnel notification and required protective ac-tions in the event of a Vogtle emergency.
Bryant Affidavit at 1 21; DiLuzio Affidavit at 1 3.
Measures are also being taken to assure that other non-EPZ residents who work within the EPZ receive appropriate pre-emergency information.
Georgia l
Power Company will provide all commercial establishments within the EPZ -- as well as all timber companies operating in the EPZ l
-- with a supply of the brochures, for distribution to non-resident employees.
Further, all area farmers are required to register annually with the Agricultural Stabilization and Conservation Service ("ASCS") of the U.G. Department of Agri-culture in Augusta.
The ASCS office has agreed to post a warn-ing sign to provide information to area farmera, and to dis-tribute copies of the brochures to farmers using land in the
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EPZ.
Finally, non-resident employees will be informed by the warning notices posted in commercial establishments within the EPZ, the public telephone stickers, and the telephone directory insert.
Bryant Affidavit at 1 22; DiLuzio Affidavit at 11 5-6, 9, 16.
i In addition, measures are also being taken to provide emergency public information to occasional visitors to the EPZ.
Georgia Power Company will provide the single motel in the EPZ j
with a supply of brochures for distribution to guests.
Georgia Power Company is also providing the pastors of all churches in i
the Burke County portion of the EPZ with supplies of the bro-i chures,.for distribution to the church congregations.
The churches will also be provided with indoor warning notices, for f
posting on church premises.
Bryant Affidavit at 1 23; DiLuzio Affidavit at 11 5, 12, 16.
At the Vogtle Visitors Center, warning signa will be posted and brochures will be available to all visitors.
Both church-goers and Vogtle visitors, as well as any other occasional visitors in the area such as those pa-tronizing commercial establishments, will also be informed by means of the warning information posted in commercial estab-1, lishments (such as the motel) and at public telephones, and the information in the local telephone directory.
Bryant Affidavit at 11 24-25; DiLuzio Affidavit at 1 4.
Finally, prior to fuel 1
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load, and annually thereafter (until the school closes, in September 1987 or sooner), Georgia Power Company will provide Girard Elementary School with.a supply of brochures, for dis-tribution to school staff and parents of students attending school.
Thus, adequate measures are being taken to provide emergency public information to transients in that portion of Burke County which lies within the Vogtle EPZ.
Bryant Affida-j vit at 11 26-27; DiLuzio Affidavit at 1 8.
B.
Aiken County The portion of Aiken County that lies within the EPZ con-sists of part of the Savannah River Plant (discussed below in i
Section III.E) and part of the Cowden Plantation.
Cowden Plan-l tation is privately owned and is used principally for hunting j
and occasionally for fishing.
Access to the plantation is re-stricted, and hunting and fishing are limited to defined areas l
and to individuals who have the express permission of the plan-tation owner.
There are no phone booths, or hotels, motels, 1
gas stations or other such commercial establishments in the Aiken County portion of the EPZ.
The transient population at Cowden Plantation is therefore limited to sportsmen and r
employees of the plantation, as well as any Seaboard Coast Line crew operating in the area.
Maunay Affidavit at 1 3. l t
r Measures are being taken to provide pre-emergency public informatien to these transients.
Georgia Power Company will provide Cowden Plantation management with a supply of the Vogtle energency public information brochure, for distribution to all enployees and sportsmen at the plantation.
In addition, Georgia Power company will provide Seaboard Coast Line railroad with a supply of the brochures, for distribution to all rail-road employees who work within the EPZ.
Finally, the local telephone directory will include emergency pubAlc information l
l such as means of notification, actions to be taken if a warning is received, and appropriate EBS stations for the area.
- Thus, adequater measures are being taken to provide emergency public l
information to transients in that portion of Aiken County which j
lies wi':hin the Vogtle EPZ.
Maunay Affidavit at 11 5-7; i
DiLuzio Affidavit at 11 11, 13.
t l
l C.
Allendale County T1.e portion of Allendale County that lies within the EPZ consis*:s of approximately one and one half square miles of the Creek '?lantation.
The Creek Plantation is a privately-owned i
breeding farm for quarter horses, which extends into neighbor-i ing Ba rnwell County.
There is a section of track of the l
l Seabonrd Coast Line within the Allendale County portion of the
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EPZ, and a short segment (less than one-half miles) of South Caroline Route 125 bounds the EPZ on the north.
There are no phone booths, or hotels, motels, gas stations or other such commercial establishments in the Allendale County portion of the EPZ.
The transient population in this part of the EPZ is therefore limited to Creek Plantation employees and visi-tors, motorists on Route 125, and any Seaboard Coast Line crew operating in the area.
Awbrey Affidavit at 1 3.
Measures are being taken to provide pre-emergency public information to these transients.
Georgia Power Company is pro-viding Creek Plantation management with a supply of the Vogtle emergency public information brochure, for distribution to all employees and visitors to the plantation.
Any motorists on the short segment of Route 125 within the Allendale County portion of the EPZ either are visitors to the Creek Plantation or are l
simply passing through this part of the EPZ.
Any motorists who f
do not stop at the Creek Plantation will spend less than two minutes within the Allendale County portion of the EPZ.
As l
discussed above, Georgia Power Company will provide Seaboard Coast Line railroad with a supply of the emergency public in-formation brochures, for distribution to all railroad employees who work within the EPZ.
Finally, the local telephone directo-l ry will include emergency public information such as means of 1
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f notification, actions to be taken if a warning is received, and appropriate EBS stations for the area.
Thus, adequate measures are being taken to provide emergency public information to trancients in that portion of Allendale Ccunty which lies with-in the Vogtle EPZ.
Awbrey Affidavit at 11 5-8; DiLuzio Affida-vit at 11 10, 13.
D.
Barnwell County The portion of Barnwell County that lies within the EPZ consists of part of the Savannah River Plant and approximately one and one half additional square miles.
The Creek Plantation accounts for most of the portion of the EPZ for which Barnwell County is responsible.
Also included within the Barnwell Coun-ty portion of the EPZ are St. Mary's Baptist Church, Steel Creek Landing (a boat launch), and a section of track of Seaboard Coast Line.
A short segment (less than one-half milel) of South Carolina Route 325 partially bounds the EPZ on the north.
There are no phone booths, hotels, motels, gas sta-tions or other such commercial establishments in the Barnwell County portion of the EPZ.
The transient population in this part of the EPZ is therefore limited to Creek Plantation-employens and visitors, motorists on Route 125, sportsmen using steel Creek Landing, the church congregation, and any Seaboard Coast Line crew operating in the area.
Wald Affidavit at 1 3. -
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f Measures are being taken to provide pre-emergancy public
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information to these transients.- As noted elsewhere, Georgia Power Company is providing Creek Plantation mana9 ament with a l
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supply of the'Vogtle emergency public information brochure, for distribution to all employees and visitors to the plantation.
Georgia Power Company will alta provide outdoor warning signs l
for posting near Steel Creek Landing, to provide emergency pub-lic information to sportsmen in the area.
In addition, Georgla" i
[
Power Company will provide the pastor of St. Mary's Baptist Church with a supply of the emergency public information bro-chures, for distribution to the congregation of the church.
The church will also be provided with an indoor warning notice, for posting on church premises.
Any motorists on the small segment of Route 125 within the Barnwell County portion of the i
o, EPZ either are visitors to the Creek Plantation, Steel Creek
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Landing, or the church, or are simply passing through this part
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of the EPZ.
Any motorists who do not stop at the plantation, j
the landing, or the church spend less than two minutes within the Barnwell County portion of the EPZ.
Finally, as discussed t
above, Georgia Power Company will provide Seaboard Coast Line railroad with a supply of the emergency public information bro-chures, for distribution to all railroad employees who work within the EPE.
Thus, adequate measures are being tyken to 8
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provide emergency public information to transients in that por-tion of Barnwell County which lies within the Vogtle EPZ.
Wald Affidavit at 11 5-9; DiLuzio Affidavit at 11 10, 12, 13, 14, 16.
E.
Savannah River Plant By definition, all persons in Savannah River Plant
("SRP")-controlled areas of the Plant Vogtle EPZ are considered to be transients.
These transients fall into seven categories:
(1)
Personnel working in fixed SRP facilities; (2)
Department of Energy (" DOE") or contractor personnel working outdoors within the Plant Vogtle EPZ; (3)
Forest Service personnel and contractors working within the Plant Vogtle EPZ; (4)
Hunters onsite during deer-hunting season; (5)
Hunters in the Crack-erneck Section of the Sumter National Forest (National Forest land secured by the SRP); (6)
Motorists transiting the SRP site on Route 125; and (7)
Railroad personnel passing through the SRP site.
Twine Affidavit at 1 3.
All personnel working in fixed SRP facilities receive employee training, which includes instruction in emergency sig-nals/ announcements, rally points, and evacuation routes.
The initial training is reinforced by protective action exercises conducted several times a year.
DOE and DOE-contractor -
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J 3
personnel working out-of-doors and away from fixed facilities r
in the EPZ receive, at a minimum, an orientation program 4
outlining warning procedures and required responses to notifi-cation of an emergency.
In' addition, signs,. flyers, and printed instructions (e.g.,. emergency procedures summarized on the back page of all,SRP telephone: books) are used to continu-ally remind all employees of emergency procedures.
U.S. Forest Service personnel and timber contractors working within the.SRP b
);
portion of the Plant Vogtle EPZ receive'an orientation iniclud-y ing information on means of emergency notification, emergency
^
conditions, and protective actions prior to their entry to the work site.
Twine Affidavit at 11 4-5.
Hunters using lands on the SRP portion of the EPZ are in-formed of emergency notification and evacuation procedures each day prior to the. hunt by the SRP HunE Coordinator'.' Access for hunters to the Crackerneck Section,of the Sumter National For-est is also controlled by SRP, and is limited to those with a special permit.
Access is restricted to specific hours, and all hunters must sign in and out on a log sheet maintained by i
Security Contractor personnel at the only~ entrance to the prop-l erty.
Each person entering the area receives an orientation card describing netification procedures and protective actions in case of a radiological emergency.
Twine Affidavit at 1 6.
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Motorists traveling on Route 125, which traverses the EPZ, must pass through security barricades operated continuously by SRP.
All vehicles receive passes and are. time-checked to veri-fy that they have completed their passage within a specified period.
Upon notification of an emergency at Plant Vogtle, SRP would be closed to civilian traffic and any motorists then on Route 125 within the SRP boundaries would be intercepted by mo-bile patrols.
The stringent controls of SRP staff over the movement of motorists on Route 125, and their ability to pro-vide immediate personal notification and individual instruc-tions to those motorists in the event of an emergency, obviate the need for specific pre-emergency public information measures directed at the motorists.
Twine Affidavit at 1 7.
Finally, as noted above, Georgia Power Company is provid-ing a supply of the Vogtle emergency public information bro-chure to the Seaboard Coast Line railroad, for distribution to all railroad employees who work within the EPZ.
Thus, adequate n'easures are being taken to assure that all transients on the SRP site will take appropriate actions in the event of an emer-1
-gency at Plant Vogtle.
Twine Affidavit at 11 8-9; DiLuzio Af-I fidavit at 113.,
n
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(-
In summary, a thorough survey of the Vogtle EPZ has been conducted to identify all transient populations in the area, and a comprehensive program has been designed to assure that transients are provided with information needed for response to a Vogtle emergency.
Evaluation Criterion G.2 of NUREG-0654/ FEMA-REP-1 (Rev. 1, Nov. 1980) provides, in perti-nent part:
Signs or other measures (e.g.,
decals posted notices or other means, placed in hotels, motels, gasoline stations and phone booths) shall also be used to disseminate to any transient popu-lation within the plume exposure path-way EPZ appropriate information that would be helpful if an emergency or accident occurs.
Such notices should refer the transient to the telephone directory or other source of local emergency information and guide the visitor to appropriate radio and television frequencies.
As discussed above, the Vogtle emergency public information program for transients includes all elements specified by NUREG-0654.
Joint Intervenors themselves have endorsed these same means of providing emergency public information to tran-sients within the EPZ.
- See, e.g., Intervenors' 10/28/85 Re-sponses, at Response EP-2(h)-5; Deposition-of Seymour Shaye (January 6, 1986), at Tr. 50, 53 (suggesting signs posted for F
hunters, and notices posted-in phone booths, motels, and ser-vice stations).
Moreover, although Applicants probed the bases j
for Contention EP-2/EP-2(h) through discovery, Joint Interve-nors failed to identify any specific transient populations which allegedly might not " understand the implications of a warning signal."
Intervenors' 10/28/85 Responses, at Response EP-2(h)-2.
\\
Joint Intervenors cannot avoid summary disposition of EP-2/EP2-(h) on the basis of mere speculation about the effec-tiveness of the comprehensive Vogtle emergency public in-formation program for transients within the EPZ.
Nor can In-tervenors avoid summary disposition on the basis of guesses or suspicions, or on the hope that at the hearing Applicants' evi-dence may be discredited or that "something may turn up."
See Gulf States Utilities Co. (River Bend Station, Units 1 and 2),
LBP-75-10, 1 N.R.C.
246, 248 (1975).
Joint Intervenors' per-sonal skepticisms will not suffice to invoke a hearing under the Commission's Rules of Practice..
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' o IV.
Conclusion Because there is no genuine issue of material fact to be heard on the issue of the provision of emergency public in-formation for transients within the Vogtle EPZ, Applicants respectfully request that the Board grant their motion for sum-mary disposition of Contention EP-2/EP-2(h).
Respectfully submitted,
,O
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Brbed W. CEurchill, P.C.
Delissa A. Ridgway David R.
Lewis SHAW, PITTMAN, POTTS & TROWBRIDGE 1800 M Street, N.W.
Washington, D.C.
20036 (202) 822-1000 s James E.
- Joiner, P.C.
' Charles W.
Whitney Kevin' C. Greene Hugh M. Davenport TROUTMAN, SANDERS, LOCKERMAN
& ASHMORE 1400 Candler Building Atlanta, Georgia 30043 (404) 658-8000 Counsel for Applicants Dated:
March 10, 1986