ML20154K295

Order Granting Applicant 860210 Summary Disposition Motion & Dismissing Contention EP-7 Re Emergency Response Plans in Entirety.Served on 860307

ML20154K295
Person / Time
Site:	Vogtle
Issue date:	03/06/1986
From:	Linenberger G, Margulies M, Paris O Atomic Safety and Licensing Board Panel
To:	GEORGIA POWER CO.
References
CON-#186-348 84-499-01-01, 84-499-1-1, OL, NUDOCS 8603110275
Download: ML20154K295 (4)

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UNITED STATES OF AMERICA 00LKETED NUCLEAR REGULATORY COP 9tISSION umc ATOMIC SAFETY AND LICENSING BOARD .g yp _7 Att n$

Before Administrative Judges:

Morton B. Margulies, Chairman Gustave A. Linenberger, Jr.

&g4 Of IECaav r 5EMrr.

Dr. Oscar H. Paris In the Matter of Docket No. 50-424-OL 50-425-OL GEORGIA POWER COMPANY, et al.

(ASLBP No. 84-499-01-OL (Vogtle Electric Generating Plant, Units 1 and 2) March 6, 1986 MEMORANDUM AND ORDER (Ruling upon Applicants' Motion of Feb-ruary 10, 1986 for Sumary Disposition of Contention EP-7 re: Emergency Response Plans)

Introduction and Backgroun_d_

Contention EP-7 of Joint Intervenors Campaign for a Prosperous Georgia and Georgians Against Nuclear Energy (Intervenors) states as follows:

Applicants claim that the Department of Energy (Savannah River Plant Operations Office, Aiken, South Carolina) will provide radiological assistance (advice and emergency action essential for the control of imediate hazards to health and safety) in the event of an emergency at Vogtle. It fails to address the possibility that an emergency situation (for example, an earthquake) which threatens the safe operation of Vogtle might also endanger operations at Savannah River Plant.

In this event, not only would Department of Energy offices be prevented from providing aid to Vogtle, other federal, state, and local assistance resources would be divided between the two sites. Applicants do not address tne impacts of simultaneous evacuation from both plants, or overload of medical facilities and emergency vehicles in the event of 8603110275 e60306 gDR ADOCK 0 % 4 bW2-

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2 injury to persons by the operation of both plants. Nor do Applicants adequately discuss coordination of activities of Georgia and South Carolina.

In our unpublished Memorandum and Order of August 12, 1985, we ruled that this contention is admissible in part. Applicants on September 5,1985 moved for reconsideration of this ruling. Our Memorandum and Order of October 1,1985 entertained this motion for reconsideration and in pertinent part affirmed our prior ruling, stating that

...the litigible issue extant in EP-7 is Applicants' alleged failure to provide an emergency response plan for the VEGP which encompasses that part of the plume EPZ within South Carolina.

By letter dated February 5,1986, Applicants submitted additional information regarding the Vogtle Electric Generating Plant (VEGP) emergency response plan. Subsequently, on February 10, 1986 Applicants again moved for sumary disposition of this contention. In its transmittal dated March 3,1986, the NRC Staff (Staff) filed a response in support of Applicants' motion; said response is supported by an affidavit of a Federal Emergency Management Agency program specialist whose professional qualifications are appropriate. There has been no response from Intervenors regarding this matter. As explained below, we grant Applicants' motion of February 10, 1986.

Discussion On February 5,1986, the Applicants submitted the following site specific emergency response plans developed for emergencies at VEGP by the State of South Carolina, Aiken County, Allendale County, Barnwell

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County, and the U. S. Department of Energy's Savannah River Operations j Office:

(a) VEGP Site Specific Radiological Emergency Response Plan -- Part 7. South Carolina Operational Radio-logical Emergency Response Plan (SCORERP).

(b) Fixed Nuclear Facility Radiological Emergency l Response Plan -- Annex Q Part 2, to the ,

Aiken County Emergency Operations Plan.  ;

(c) Fixed Nuclear Facility Radiological Emergency Response Plan -- Annex Q, Part 2, to the Allendale County Emergency Operations Plan.

(d) Fixed Nuclear Facility Radiological Emergency Response Plan -- Annex Q, Part 2, to the Barnwell County Emergency Operations Plan. ,

(e) Vogtle Electric Generating Plant Response Guide, SR 402.1, U.S. Department of Energy, Savannah River Operations Office.

Applicants' sumary disposition motion of February 10, 1986 is supported by an affidavit of one of its employees whose professional  ;

qualifications are appropriate for the matters discussed. Applicants' motion states that the various documents noted above cure the deficiency f found by the Board, as stated above, with respect to the original emergency planning materials dealt with in our October 1,1985 order.  :

Thus, Applicants assert that there is no longer an issue of material fact remaining to be litigated, and that Contention EP-7 should be h dismissed. The Staff's response to Applicants' February 10, 1986 .

sumary disposition motion recomended that we grant the motion based upon a rationale quite similar to that of App 1tcants. Affiant for {

Staff, having reviewed Applicants' motion and the prior submittals identified above, concludes that no material issues of fact remain. I t

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The Board has reviewed the five documents recently submitted by Applicants and we conclude that they do indeed deal with the areas of omission that had previously concerned us. This review did not extend, however, to the merits of the contents of those documents. Our order of October 1, 1985 extended to Intervenors the opportunity to amend EP-7 based upon any subsequent subnittals from Applicants. No response has been received. Consistent with Applicants' claim, we find that a full scope of emergency planning subject material is now before us.

Accordingly, we find that there no longer exists an unresolved matter of material fact to be heard.

ORDER Applicants' sumary disposition motion of February 10, 1986 is granted and Contention EP-7 is dismissed in its entirety.

THE ATOMIC SAFETY AND LICENSING BOARD Vt< -

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Morton B. Marguliep Chaiman ADMINISTRAT y AW JUDGE

./ p 0 4e/A.Ada n G stave A. Linefffterger, Jr.

MINISTRATIVE J W IE C_h.W_ Y - (% Vt '

Dr. Oscar H. Paris ADMINISTRATIVE JUDGE Dated at Bethesda, Maryland this 6th day of March, 1986.

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