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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20196J3291999-06-28028 June 1999 Comment Supporting Proposed Rule 10CFR50 Re Industry Codes & Standards ML20206M7291999-04-30030 April 1999 Comment Supporting Draft RG DG-1083, Content of UFSAR IAW 10CFR50.71(e). Licensee of Listed Plants in Total Agreement with Comments Provided to NRC by NEI HL-5717, Comment Supporting Proposed Rule 10CFR50,52 & 72 Re Changes, Tests & Experiments.Util in Total Agreement with NEI Comments to Be Provided to NRC1998-12-18018 December 1998 Comment Supporting Proposed Rule 10CFR50,52 & 72 Re Changes, Tests & Experiments.Util in Total Agreement with NEI Comments to Be Provided to NRC HL-5715, Comments on Proposed Rule 10CFR50 Re Monitoring Effectiveness of Maint at Nuclear Power Plants.Util Is in Total Agreement with NEI Comments1998-12-14014 December 1998 Comments on Proposed Rule 10CFR50 Re Monitoring Effectiveness of Maint at Nuclear Power Plants.Util Is in Total Agreement with NEI Comments HL-5702, Comment Supporting NEI Comments Totally on Proposed Draft RG DG-4005, Preparation of Supplemental Environmental Repts for Applications to Renew Nuclear Power Plant Ols1998-10-23023 October 1998 Comment Supporting NEI Comments Totally on Proposed Draft RG DG-4005, Preparation of Supplemental Environmental Repts for Applications to Renew Nuclear Power Plant Ols HL-5695, Comment Supporting Nuclear Energy Institute (NEI) Comments on 10CFR50.55(a) Pr, Streamlined Hearing Process for NRC Approval of License Transfers1998-10-13013 October 1998 Comment Supporting Nuclear Energy Institute (NEI) Comments on 10CFR50.55(a) Pr, Streamlined Hearing Process for NRC Approval of License Transfers HL-5690, Comment on Integrated Review of Assessment Process for Commercial Nuclear Plants. Util in Total Agreement with NEI Comments Provided to NRC1998-10-0505 October 1998 Comment on Integrated Review of Assessment Process for Commercial Nuclear Plants. Util in Total Agreement with NEI Comments Provided to NRC HL-5983, Comment on Proposed Rule 10CFR50 Re Reporting Requirements for Nuclear Power Reactors. Snoc in Total Agreement with NEI Comments,To Be Provided to Nrc.Requests That NRC Provide Guidance to Application of NUREG-1022,rev 1 as Listed1998-09-21021 September 1998 Comment on Proposed Rule 10CFR50 Re Reporting Requirements for Nuclear Power Reactors. Snoc in Total Agreement with NEI Comments,To Be Provided to Nrc.Requests That NRC Provide Guidance to Application of NUREG-1022,rev 1 as Listed ML20153B2391998-09-15015 September 1998 Comment on Draft NUREG-1633, Assessment of Use of Ki as Protective Action During Severe Reactor Accidents. Endorses NEI Comments HL-5682, Comment Opposing Draft NUREG-1633, Assessment of Use of Potassium Iodide (Ki) as Protective Action During Severe Reactor Accidents, & Endorsing Comments Submitted by Nuclear Energy Institute1998-09-15015 September 1998 Comment Opposing Draft NUREG-1633, Assessment of Use of Potassium Iodide (Ki) as Protective Action During Severe Reactor Accidents, & Endorsing Comments Submitted by Nuclear Energy Institute HL-5602, Comment Opposing Proposed Rule 10CFR50 Re Industry Codes & Stds1998-04-0303 April 1998 Comment Opposing Proposed Rule 10CFR50 Re Industry Codes & Stds HL-5586, Comment on Proposed Generic Ltr, Year 2000 Readiness of Computer Sys at Npps1998-03-0404 March 1998 Comment on Proposed Generic Ltr, Year 2000 Readiness of Computer Sys at Npps HL-5582, Comment on Draft Reg Guide DG-5008, Reporting of Safeguards Events1998-02-27027 February 1998 Comment on Draft Reg Guide DG-5008, Reporting of Safeguards Events HL-5564, Comment on Draft NUREG 1555, Updated Environ Standard Review Plan1998-01-30030 January 1998 Comment on Draft NUREG 1555, Updated Environ Standard Review Plan HL-5554, Comment Supporting NEI Comments on PRM 50-63A by P Crane Recommending Emergency Planning Standard for Protective Actions Be Changed to Require Explicit Consideration of Prophylactic Use of Potassium Iodide for General Public1998-01-15015 January 1998 Comment Supporting NEI Comments on PRM 50-63A by P Crane Recommending Emergency Planning Standard for Protective Actions Be Changed to Require Explicit Consideration of Prophylactic Use of Potassium Iodide for General Public HL-5546, Comment Supporting Proposed Rule & Direct Final Rule on 10CFR50.68 & 10CFR70.24, Criticality Accident Requirements1997-12-31031 December 1997 Comment Supporting Proposed Rule & Direct Final Rule on 10CFR50.68 & 10CFR70.24, Criticality Accident Requirements HL-5529, Comment Opposing Rule 10CFR50 Re Codes & Standards,Ieee National Consensus Standard1997-12-0101 December 1997 Comment Opposing Rule 10CFR50 Re Codes & Standards,Ieee National Consensus Standard ML20199J0031997-11-24024 November 1997 Comment Supporting Proposed Rule Re Financial Requirements for Decommissioning Nuclear Power Reactors & Draft RG 1060 HL-5424, Comment on NUREG-1606, Proposed Regulatory Guidance Re Implementation of 10CFR50.59 (Changes,Tests or Experiments). Encourages NRC Not to Abandon 30 Yrs of Effective Implementation of 10CFR.50.59 for New Positions1997-07-0707 July 1997 Comment on NUREG-1606, Proposed Regulatory Guidance Re Implementation of 10CFR50.59 (Changes,Tests or Experiments). Encourages NRC Not to Abandon 30 Yrs of Effective Implementation of 10CFR.50.59 for New Positions ML20148N0741997-06-19019 June 1997 Comment on Proposed Suppl to Bulletin 96-001 Re Control Rod Insertion Problems.Util in Complete Agreement That Incomplete Rcca Insertion Not Acceptable HL-5407, Comment Opposing NRC Proposed Strategies to Address Licensees Need to Establish & Maintain safety-conscious Work Environ1997-05-27027 May 1997 Comment Opposing NRC Proposed Strategies to Address Licensees Need to Establish & Maintain safety-conscious Work Environ ML20137C2581997-03-18018 March 1997 Summary of Director'S Decision Under 10CFR2.206 of Mb Hobby & AL Mosbaugh, ML20137C4261997-03-18018 March 1997 Director'S Decision Under 10CFR2.206 Re Petition Re Allegation of Illegal Transfer of OLs to Southern Nuclear Operating Co.Petitions Filed by Mb Hobby & AL Mosbaugh Denied HL-5268, Comment Supporting Draft RG DG-1047, Std Format & Content for Applications to Renew NPP Ols1996-11-27027 November 1996 Comment Supporting Draft RG DG-1047, Std Format & Content for Applications to Renew NPP Ols ML20133H1131996-11-25025 November 1996 Petition for Enforcement,Per 10CFR2.206,to Revoke Northeast Utils Operating Licenses for CT Nuclear Power Stations Due to Chronic,Systemic Mismanagement Resulting in Significant Violations of NRC Safety Regulations ML20129J5481996-10-30030 October 1996 Order.* Extends Time within Which Commission May Take Sua Sponte Review of Memorandum & Order LBP-96-16 to 961129. W/Certificate of Svc.Served on 961030 ML20129K4291996-10-0202 October 1996 Comment Supporting Proposed Rule 10CFR25 & 95, Access to & Protection of Classified Info HL-5247, Comment on Proposed Generic Communication, Primary Water Stress Corrosion Cracking of Control Rod Drive Mechanism & Other Vessel Head Penetrations1996-10-0101 October 1996 Comment on Proposed Generic Communication, Primary Water Stress Corrosion Cracking of Control Rod Drive Mechanism & Other Vessel Head Penetrations ML20128K2791996-09-30030 September 1996 Order.* Time within Which Commission May Take Sua Sponte Review of Memo & Order LBP-96-16 Extended Until 961030. W/Certificate of Svc.Served on 960930 ML20116J8921996-08-0202 August 1996 Withdrawal of AL Mosbaugh.* AL Mosbaugh Voluntarily Withdraws Intervention,Opposition & Contention in Proceedings.W/Certificate of Svc & Svc List ML20116J8551996-08-0202 August 1996 Joint Notice of Termination.* AL Mosbaugh Voluntarily Withdrew Intervention,Opposition & Contentions in Proceeding.W/Certificate of Svc & Svc List ML20116J8431996-08-0202 August 1996 Intervenor Response to Georgia Power Motion for Reconsideration.* Intervenor Supports Motion for Reconsideration.W/Certificate of Svc & Svc List ML20116N5881996-07-31031 July 1996 Comment Re Proposed Rule 10CFR26, Mods to Fitness-For-Duty Program Requirements. Supports NEI Comments ML20116A4931996-07-15015 July 1996 Georgia Power Company Motion for Reconsideration of 960628 Memorandum & Order Or,In Alternative,For Certification.* Gpc Requests That Board Not Require Submittal or Approval of Settlement Between Gpc & Mosbaugh.W/Certificate of Svc ML20115H2671996-07-0808 July 1996 Comment Supporting Final Rule 10CFR51, Environ Review of Renewal of Nuclear Power Plant Operating Licenses HL-5195, Comment Supporting Proposed Rule 10CFR50 Re Financial Assurance Requirements for Decommissioning Nuclear Power Reactors1996-06-24024 June 1996 Comment Supporting Proposed Rule 10CFR50 Re Financial Assurance Requirements for Decommissioning Nuclear Power Reactors ML20114E6491996-06-20020 June 1996 Joint Motion to Defer Issuance of Initial Decision.* Requests That ASLB Defer Issuance of Decision in Proceeding Until 960920,in Order to Allow Gpc & Mosbaugh to Reach Settlement Agreement.W/Certificate of Svc IA-95-211, Transcript of 920507 Interview of Mc Wilkins in Waynesboro, Ga.Pp 1-391996-05-0707 May 1996 Transcript of 920507 Interview of Mc Wilkins in Waynesboro, Ga.Pp 1-39 ML20129H7151996-05-0707 May 1996 Transcript of 920507 Interview of Mc Wilkins in Waynesboro, Ga.Pp 1-39 HL-5103, Comment Supporting NEI Comments on Petition for Rulemaking PRM-50-63 Re Planning Std for Protective Actions for General Public Includes Stockpile or Predistribution of Ki for Prophylactic Use1996-02-0606 February 1996 Comment Supporting NEI Comments on Petition for Rulemaking PRM-50-63 Re Planning Std for Protective Actions for General Public Includes Stockpile or Predistribution of Ki for Prophylactic Use ML20096A4911995-12-22022 December 1995 Georgia Power Co Reply to Intervenor & NRC Staff Proposed Findings of Facts & Conclusions of Law.* W/Certificate of Svc ML20095D9821995-12-12012 December 1995 Georgia Power Co Motion to Correct Record of Exhibits of Diesel Generator Reporting Issues Allegation Hearing.* W/Certificate of Svc ML20095D9771995-12-0808 December 1995 Comment on Proposed Generic Ltr Boraflex Degradation in Spent Fuel Pool Starage Racks. Request for Licensees to Demonstrate Subcriticality Margin in Unborated Water,Seems Inconsistent W/Stated Benefit of Borated Water ML20094S2751995-11-30030 November 1995 Intervenor Final Statement of Fact & Conclusions of Law.* Board Finds That Util & Applicant Failed to Meet Burden of Proof Re Ultimate Issue of Character,Competence & Integrity. W/Svc List ML20094S2411995-11-22022 November 1995 Georgia Power Co Response to Intervenors Motion for Continuance.* Intervenor Motion Unjustified & Prejudicial & Should Be Denied.W/Certificate of Svc & Svc List ML20094S2931995-11-21021 November 1995 Intervenor Motion for Continuance for Good Cause.* Requests Deadline for Filing Post Hearing Brief Be Extended Until 951130.W/Certificate of Svc & Svc List ML20094K1161995-11-0909 November 1995 Intervenor Motion to Admit Supplementary Exhibits.* Moves That Naslp Admit Encl Documents Into Evidence for Listed Reasons.W/Certificate of Svc & Svc List ML20094J9301995-11-0606 November 1995 Georgia Power Company Motion to Correct Record of Diesel Generator Reporting Issues Allegation Hearing.* Moves Licensing Board to Order That Corrections Be Made to Transcript.W/Certificate of Svc & Svc List ML20094J9281995-11-0606 November 1995 Gap Proposed Findings of Fact & Conclusions of Law on Diesel Generator Reporting Issues.* Findings of Fact & Conclusion Accepted.W/Certificate of Svc ML20094J9201995-11-0101 November 1995 Affidavit of Ck Mccoy to Correct Info Contained in Intervenor Exhibit II-97,which Consists of Portions of Deposition in a Mosbaugh Complaint Against Gap 1999-06-28
[Table view] Category:ORDERS
MONTHYEARML20129J5481996-10-30030 October 1996 Order.* Extends Time within Which Commission May Take Sua Sponte Review of Memorandum & Order LBP-96-16 to 961129. W/Certificate of Svc.Served on 961030 ML20128K2791996-09-30030 September 1996 Order.* Time within Which Commission May Take Sua Sponte Review of Memo & Order LBP-96-16 Extended Until 961030. W/Certificate of Svc.Served on 960930 ML20149E4701994-05-16016 May 1994 Memo & Order (Filing of Proposed Agendas).* Informs That Next Status Conference Rescheduled for 940526 in Bethesda, Md.Parties May File Proposed Agendas No Later than 940525. W/Certificate of Svc.Served on 940517 ML20058D8551993-11-18018 November 1993 Memorandum & Order (Error in LBP-93-22).* Corrects Error in Last Paragragh on Page 3 of Slip opinion,LBP-93-22. W/Certificate of Svc.Served on 931119 ML20058D7801993-11-17017 November 1993 Memorandum & Order (Renewed Motion to Compel Staff Production of Documents).* Licensee Motion to Compel Staff Production of Documents Denied Until 931217.W/Certificate of Svc.Served on 931118 ML20057D1101993-09-24024 September 1993 Memorandum & Order (Georgia Power Motion to Reconsider Scope Proceeding).* a Mosbaugh Included by Ref in Amended Petition Only Portions of 2.206 Petitions Relevant to Discussions of Contention.W/Certificate of Svc.Served on 930927 ML20057B0151993-09-0808 September 1993 Memorandum & Order (Change in Service List).W/Certificate of Svc.Served on 930909 ML20057B0231993-09-0808 September 1993 Memorandum & Order (Discovery Motion).* W/Certificate of Svc.Served on 930909 ML20057A1741993-09-0303 September 1993 Memorandum & Order (Change in Svc List).* Svc List Amended as Listed.W/Certificate of Svc.Served on 930903 ML20057A1361993-08-31031 August 1993 Memorandum & Order (Motion to Compel Production of Documents by Staff).* Denies Licensee Motion to Compel Staff Production of Documents for 75 Days Commencing on 930824. W/Certificate of Svc.Served on 930901 ML20056E7741993-08-19019 August 1993 Memorandum & Order CLI-93-16.* Denies Licensee Appeal & Board Order in LBP-93-5 Admitting AL Mosbaugh as Party & Admitting Consolidated Contention Is Affirmed.Served on 930819.W/Certificate of Svc ML20056E6821993-08-12012 August 1993 Memorandum & Order (Clarification of Scope of Discovery).* Scope of Discovery in Phase I Shall Be Limited to Scope of Admitted Contention But Shall Extend to All Bases Advanced by AL Mosbaugh.W/Certificate of Svc.Served on 930813 ML20056C8821993-07-21021 July 1993 Memorandum & Order Case Mgt.* Orders Scope of Discovery to Be Limited to Bases for Admitted Contention or to Defenses of a Party.W/Certificate of Svc.Served on 930722 ML20056C1741993-03-18018 March 1993 Order.* Order Granting AL Mosbaugh Extension of Time Until 930322 to File Responses to Licensee Appeal & Application for Stay.W/Certificate of Svc.Served on 930318 ML20056C1441993-03-18018 March 1993 Order.* Advises That Util 930304 Application for Stay & Parties Responses Referred to Board for Further Consideration.W/Certificate of Svc.Served on 930318 ML20128P2301993-02-18018 February 1993 Memorandum & Order (Admitting Party).* Grants AL Mosbaugh to Be Admitted as Party to Proceeding.W/Certificate of Svc. Served on 930219 ML20128D3991993-01-28028 January 1993 Memorandum & Order (Limited Appearance Statement).* Encl Statement from Georgians Against Nuclear Energy to Be Included in Case File & Treated as Limited Appearance Statement.W/Certificate of Svc.Served on 930128 ML20128D4391993-01-26026 January 1993 Memorandum & Order (Request for Addl Time).* Parties May File Briefs Addressing Questions Asked by Board in 930115 Memorandum by 930205.W/Certificate of Svc.Served on 930127 ML20127G7861993-01-15015 January 1993 Memorandum & Order (Request for Info,Briefs).* Requests That Util File Relevant Provisions of License & Amend Being Requested.Parties May File Briefs Addressing Questions Asked by Board.W/Certificate of Svc.Served on 930115 ML20126F6861992-12-29029 December 1992 Memorandum & Order (Potential Board Concern).* Advises That in Case of Any Ambiguity in Quoted Statement from 921117 Order,In Light of License Conditions,Listed Info May Be Requested.W/Certificate of Svc.Served on 921229 ML20126D6361992-12-24024 December 1992 Memorandum & Order (Factual Dispute About Residence; Evidentiary Hearing).* Factual Dispute Set for 930112 Prehearing Conference.Written Exhibits & Graphics Should Be Received by 930107.W/Certificate of Svc.Served on 921224 ML20126A4721992-12-14014 December 1992 Memorandum & Order (Limited Appearances;Prehearing Conference;Scheduling).* Prehearing Conference Will Be Held to Hear Oral Argument Re Admission of Parties & Contentions in Listed Order.W/Certificate of Svc.Served on 921215 ML20059M6081990-10-0202 October 1990 Prehearing Conference Order (Filing Dates for Further Submissions).* Petitioners Requested to File Response to Applicant Rept on Health & Safety Matters by 901113. W/Certificate of Svc.Served on 901002 ML20059A9241990-08-16016 August 1990 Memorandum & Order (Intervention Petition).* Requests That Util Clarify Why Vague Footnote Added to Tech Specs Rather than Deleting Phrase High Jacket Water Temps. Certificate of Svc Encl.Served on 900816 ML20209H7631987-02-0202 February 1987 Order.* ASLB 861223 Concluding Partial Initial Decision (LBP-86-41) Will Be Reviewed Sua Sponte.Decision Not Deemed Final Until Further Order Issued.Served on 870203 ML20207Q3221987-01-21021 January 1987 Memorandum & Order.* Explains Aslab 860116 Order Ruling That License Condition Imposed in ASLB Partial Initial Decision LBP-86-41 Does Not Bar Issuance of Low Power Ol.Aslb Lacked Authority to Impose Condition.Served on 870123 ML20207Q3291987-01-16016 January 1987 Order.* ASLB 861223 Concluding Partial Initial Decision on LBP-86-41 Proceeding Null & Void.Aslb Lacked Authority to Impose Listed Condition.Opinion Explaining Decision Will Be Issued Early Next Wk.Served on 870120 ML20211N1151986-12-15015 December 1986 Order Confirming 870121 Oral Argument in Bethesda,Md Re Appeal of Georgians Against Nuclear Energy from ASLB 860827 Partial Initial Decision LBP-86-28.Served on 861216 ML20214X2671986-12-0808 December 1986 Memorandum & Order Closing Record in Proceeding.Served on 861209 ML20213E6631986-11-0606 November 1986 Memorandum & Order Directing That Responses to Util 861028 Affidavit Re Temp Margins of Asco Solenoid Valves Be Filed by 861128.Served on 861110 ML20215L8311986-10-27027 October 1986 Memorandum & Order Denying Util Motion to Strike Georgians Against Nuclear Energy (Gane) 861023 Appeal,Brief & Proposed Findings Re Licensing Board Decisions,Subj to Gane Timely Correction of Filing Deficiencies.Served on 861028 ML20211C1771986-10-16016 October 1986 Memorandum & Order ALAB-851,granting Applicant Motion to Strike & Dismissing Campaign for Prosperous Georgia 860908 Notice of Appeal of ASLB 860827 Partial Initial Decision LBP-86-28.Served on 861017 ML20207E4091986-07-17017 July 1986 Memorandum & Order Ruling on Applicant 860310 Motion for Summary Disposition of Contention EP-5 Re Emergency Response Plans.Motion for Summary Disposition Granted & Contention Dismissed.Served on 860718 ML20211K1071986-06-20020 June 1986 Approves Georgians Against Nuclear Energy 860530 Transcript Corrections of 860311-14 Hearing & Orders That Encl Corrections Be Included in Record as App.Served on 860624 ML20195B4681986-05-22022 May 1986 Memorandum & Order Granting Applicant 860214 Motion for Reconsideration of Denial of Summary Disposition of Intervenor Contention EP-2/EP-2(C) Re Use of NOAA Tone Alert Radios.Served on 860527 ML20197K0101986-05-15015 May 1986 Memorandum & Order Granting Util 860303 Motion for Summary Disposition of Intervenor Contention EP-2/EP-2(a) Concerning Administrative Controls Over Use of Emergency Notification Network.Served on 860519 ML20197G7661986-05-12012 May 1986 Memorandum & Order Granting Applicant 860131 Motion for Summary Disposition of Joint Intervenors Contention EP-1/EP-1(a)/EP-2(b) Re Emergency Notification Network & Dismissing Contention.Served on 860513 ML20203P9451986-05-0505 May 1986 Order Granting Applicant 860310 Motion for Summary Disposition of Contention EP-2/EP-2(h) & Dismissing Contention EP-2/EP-2(h).Served on 860507 ML20203L6821986-04-29029 April 1986 Memorandum & Order Granting Applicant 860306 Motion for Summary Disposition of Contention EP-4 Re Offsite Emergency Response Plans & Dismissing Contention.Served on 860430 ML20210K7111986-04-25025 April 1986 Order Granting NRC 860415 Request for Postponement of Response to Applicant 860310 Motion for Summary Disposition of Contention EP-5,until FEMA Demonstration & Evaluation of Emergency Plan Complete.Served on 860425 ML20141H0131986-04-22022 April 1986 Order Approving Encl Corrections to Transcript of 860311-14 Hearings,Per Applicant 860408 Request & NRC 860414 Statement of No Objection.Served on 860423 ML20155A5781986-04-0404 April 1986 Order Denying Applicant 860214 Motion for Summary Disposition of Joint Intervenors Contention EP-2/EP-2(c) Re Use of NOAA Tone Alert Radios.Served on 860407 ML20140D2541986-03-21021 March 1986 Order Granting NRC 860119 Motion for Extension of Time Until 860415 to Respond to Applicant Motions for Summary Disposition of Contentions EP-2/EP-2(a),EP-2/EP-2(h),EP-4 & EP-5.Served on 860324 ML20154K2951986-03-0606 March 1986 Order Granting Applicant 860210 Summary Disposition Motion & Dismissing Contention EP-7 Re Emergency Response Plans in Entirety.Served on 860307 ML20154G3561986-03-0505 March 1986 Order Scheduling Evidentiary Hearing on Technical Issues in Waynesboro,Ga,Per 860304 Telcon.Limited Appearances Will Be Held on 860312.Proceeding Will Commence W/Contention 7. Served on 860306 ML20137U7541986-02-13013 February 1986 Memorandum & Order Granting Applicant 860127 Motion for Partial Reconsideration Re Contention 10.1.Fourth Issue of 860123 Memorandum & Order Does Not Constitute Matl Fact in Dispute & Deleted as Issue in Controversy.Served on 860214 ML20137P6491986-02-0303 February 1986 Memorandum & Order Granting Applicant 851118 Motion for Summary Disposition of Joint Intervenors Contention EP-6. Contention Dismissed.Served on 860204 ML20140D9721986-01-29029 January 1986 Order Announcing 860311 Evidentiary Hearing in Waynesboro,Ga Re 830913 Application for Two PWR Operating Licenses.Joint Intervenors Claim Public Health Endangered Due to Groundwater Contamination.Served on 860130 ML20140B4631986-01-23023 January 1986 Supplemental Scheduling Order Notifying That 860114 Order Scheduling 860311 Hearing Re Contentions 7 & 10.5 Applies Also to Contention 10.1 (Dose Rate Effects).Served on 860124 1996-09-30
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$8tVED APR 'l 1996 00f. METED UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges: khgYrQg' ,[,,'
BRANCH Morton B. Margulies, Chairman Gustave A. Linenberger, Jr.
Dr. Oscar H. Paris In the Matter of Docket Nos. 50-424(0L) 50-425(0L)
GEORGIA POWER COMPANY, et- al.
(ASLBP84-499-01-OL)
(Vogtle Electric Generating Plant, Units 1 and 2) April 4, 1986
)
MEMORANDUM AND ORDER (Ruling on Motion for Summary Disposition of Intervenor's Contention EP-2/EP-2(c) (Use of Tone Alert Radios))
Introduction and Background On February 14, 1986, Applicants Georgia Power Company, et al.
(Applicants) filed a " Motion for Sumary Disposition of Joint Intervenors'ContentionEP-2/EP-2(c)"(Applicants' Motion).1 This l Contention questions whether Applicants should be allowed to use NOAA weather radios to alert persons within the Emergency Planning Zone (EPZ) of a radiological emergency at Plant Vogtle. (MemorandumandOrder 1
At the outset of the safety hearing for VEGP, on March 11, 1986, intervenor Campaign for a Prosperous Georgia withdrew from this proceeding, leaving Georgians Against Nuclear Power (GANE) as the sole Intervenor.
I 8604090095 960404 PDR ADOCK 05000424 0 PDR
)So 2- >
I 2
(Ruling on Joint Intervenors' Proposed Contentions on Emergency Planning), August 12, 1985) (August 12 Order). The NRC Staff (Staff) filed "NRC Staff Response to ' Applicants' Motion for Suninary Disposition of Joint Intervenors' Contention EP-2/EP-2(c) (Use of NOAA Tone Alert Radios)'" (Staff Response) on March 6, 1986, in which they supported Applicants' Motion. The Intervenor has not responded to Applicants' Motion.
Applicants' Motion was supported by " Applicants' Statement of Material Facts as to Which No Genuine Issue Exists to be Heard Regarding contention EP-2/EP-2(c) (Use of NOAA Tone Alert Radios)" (Applicants' Statement of Facts) and the " Affidavit of David N. Keast on Contention EP-2/EP-2(c)" (KeastAffidavit). The Staff Response was supported by the " Affidavit of FEMA Emergency Management Program Specialist Cheryl L. Stovall in Support of Applicants' Motion for Summary Disposition of Joint Intervenors' Contention EP-2/EP-2(c) (Use of NOAA Tone Alert Radios)" (Stovall Affidavit).
As initially proposed by Joint Intervenors, Contention EP-2 alleged generally:
Applicants fail to show that provisions exist for prompt communications among principal response organizations to emergency personnel and the public as required by 10 CFR 50.47(b)(6).
More specifically, subpart (c) of EP-2 asserts:
The plan provides for notification of the public in the Plume Exposure Pathway by use of tone alert radio receivers installed in each household in the EPZ. This provision ignores the fact that these devices are oftect shut off permanently by residents who become aggravated by its tendency to go off frequently without reason.
3
(" Joint Intervenors' Revised Contention Relating to Emergency Response" (June 24, 1985), at 3). In admitting the Contention in our August 12 Order it was noted that in an area subject to frequent summer thunderstonns, such as Burke County, NOAA weather radios may sound an alert several times during the passage of a storm front, as severe storm watches and warnings, or marine interest watches and warnings, are broadcast for different locations within the listening area of the NOAA weather radio station. As we pointed out in our August 12 Order, once the storm threat has moved past a listener, the listener is likely to be inclined to shut the radio off to avoid the annoyance of additional warning signals that are no longer relevant.
Discussion The standards governing summary disposition and relevant NRC case law have been reviewed by us in earlier orders and need not be repeated here (See: Memorandum and Order (Ruling on Motion for Summary Disposition of Contention 8 re: Vogtle Quality Assurance), October 3, l
1985). l Applicants argue in their motion that NOAA weather radios provide useful information to members of the public on a daily basis, so that l NOAA radios are more likely to be retained and used than other types of radio alert receivers. In addition Applicants state that Georgia Power Company (GPC) is installing a system of fixed sirens throughout the EPZ that will alert any EPZ residents who have turned off their NOAA weather radios. l
4 Affiant Keast attests to the popularity of the NOAA weather radio 1
system and avers that the public support for the program reflects the l system's usefulness in providing routine weather forecasts and warnings of severe weather. (Keast Affidavit at 3). He asserts, further, that there is no other radio alerting system for the general public that is !
as proven in its reliability and effectiveness as the NOAA system. And while there may be isolated cases of spurious activation of the radios ;
as a result of installation testing and system " shakedown", the 1
operating experience with NOAA weather radios demonstrates that they do not "go off frequently without reason" as the Intervenor contends. (Id.,
at 4).
In addition Keast attests that the NOAA weather radio system will include a new transmitter at the Vogtle site, to be controlled by the National Weather Service station at Bush Field, located about 15 miles from the transmitter. He asserts that automatic activation of the NOAA weather radios within the Vogtle EPZ "will be limited to those storm
' watches' and ' warnings' applicable to the four counties in the EPZ plus the Georgia counties of Screven and Jenkins." (Id., at 5).
Affiant Keast asserts that data for the period January 1, 1980 through September 30, 1985 indicate "an average of approximately 25 storm watches and warnings per year for the area *** to be covered by the Vogtle system." Annually about 85% of these watches and warnings occur between March and July, and on a daily basis, approximately 93".
occur between 6:00 a.m. and midnight. (Id., at 6). Affiant Keast 1
believes that between these hours "any disruptive effect of a severe l
l I
)
5 weather message not applicable to an individual listener would be minimized." (Ibid).
Affiant Keast states that, in addition to the primary alerting system of NOAA weather radios, GPC is installing a system of fixed sirens in the Vogtle EPZ. He asserts that the siren system has been designed to provide a minimum of 60 dBC coverage to all residents within the EPZ, in accordance with the guidance of Appendix 3 of NUREG-0654/
FEMA-REP-1 (Rev.1), " Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants". Keast also asserts that the siren system can be relied upon to alert any EPZ residents who have disabled their NOAA weather radios. (Id.,at7).
The NRC Staff argues that this contention is now moot by virtue of Applicants' proposal to install a fixed siren system within the Vogtle EPZ. (Staff Response, at 4). Staff Affiant Stovall, who is Emergency Management Program Specialist for the Federal Emergency Management Agency (FEMA), attests that she has reviewed the affidavit of Applicants' Affiant Keast and has "no reason to question [his]
statement" that extensive operating experience with NOAA weather radios demonstrates that they do not go off frequently without reason. Affiant Stoval acknowledges, however, that some people may disconnect their NOAA weather radios. (Stovall Affidavit, at 7).
Affiant Stovall states that the planned siren system, if designed to provide a minimum of 60 dBC coverage to all residents within the EPZ, can be considered an additional primary notification system. (Ibid).
. . l 6
She also states that as of the date of her Affidavit FEMA had not received a technical report of the notification system for Plant Vogtle and therefore had not performed an evaluation of it. (Id.,at8).
Affiant Stovall concludes that "there may be an issue of fact between the Intervenor's allegations and the Applicants' experience concerning the percentage of operating NOAA tone alert radios", but she argues "that there is not a material issue of fact because of the A
redundant notification systems in place to promptly alert and notify the public and because the NUREG-0654/ FEMA-REP-10 criteria do not constitute a guarantee that everyone will hear the initial notification warning." (Id., at 9).
Conclusion The question presented is whether any genuine issue as to any material fact persists with regard to the allegation that residents in the EPZ may turn off their NOAA tone alert radios, thereby causing the system not to provide an effective initial notification of an emergency at Plant Vogtle. The Board finds that all material facts on the issue have not been resolved.
2 We assume that Affiant Stovall intended to cite both NUREG-0654/ FEMA-REP-1 (Rev. 1) and FEMA-REP-10.
7 There is a void in the information furnished to the Board that directly affects meaningful consideration of the Contention. Applicants have expressed from the beginning total confidence in the NOAA tone alert radio system as the primary initial notification system in the EPZ. They continue to express a high level of confidence in that system, as is evidenced by the motion for summary disposition of the Contention. Yet GPC has proceeded to add an additional warning system, consisting of fixed sirens, without providing any explanation as to why ir has done so. If the tone alert radios can be depended on to serve effectively for initial notification in an emergency at Plant Vogtle, why is the siren system being installed? In light of this development, the Board does not have adequate information to reach a decision on whether all material issues of fact as to the Contention have been resolved.
FEMA's representative recognizes that some people may turn off their NOAA weather radios. Nothing further is provided that offers a satisfactory resolution of the matter, and we again are left with a '
l void. She acknowledges an issue of fact concerning the possible l percentage of operating NOAA tone alert radios, but does not consider it material because of what she states are the redundent systems in place to promptly alert and notify the public and because NUREG-0654/ FEMA-REP-1 (Rev. 1) and FEMA- REP-10 do not require a guarantee that everyone will hear the initial warning. i l
Her conclusion as to why the issue is not material is not I adequately supported. In stating that Applicants have "an additional 1
8 primary notification system" "[p]rovided the siren system design meets the 60 dBC criteria", she advances an argument that not even the Applicants have proposed. They regard the siren system as a back-up to the NOAA radio system. Finally, Affiant Stovall is premature in indicating the effectiveness of the emergency notification system at Vogtle, since FEMA has yet to evaluate it.
An analysis of siren systems, performed for the NRC in 1982, has shown that their effectivess can vary markedly, depending on changes in meterological and other environmental conditions. This study, entitled
" Evaluation of the Prompt Alerting Systems at Four Nuclear Power Stations" (NUREG/CR-2655), was co-authored by Mr. Keast. It found that the chance of alerting an individual in the EPZ ranges from 65% to 100%
at Trojan (NUREG/CR-2655, at 2-1), from 49% to 90% at Three Mile Island (Id., at 3-1), from 57% to 95% at Indian Point (Id., at 4-1), and from 58% to 97% at Zion (Id., at 5-1). Apparently all of these plants had complied with the 60 dBC criterion of NUREG-0654/ FEMA-REP-1 (Rev.1);
but the levels of notification estimated for these four plants do not, in our view, meet the level of notification called for (see below) by NUREG-0654/ FEMA-REP-1 (Rev. 1).
Affiant Stovall claims that the matter of turning off of the NOAA tone alert radios is not material, in part because the regulatory guides do not provide for a guarantee that everyone will hear the initial notification. We agree that there is no guarantee, but the standards that are to be satisfied are quite high. 10 CFR Part 50, App. E, D.3.
provides that the design objective of the prompt public notification
9 system shall be to have the capability to essentially complete the initial notification of the public within the plume exposure pathway within about 15 minutes. Appendix 3 of NUREG-0654/ FEMA-REP-1 (Rev.1) states that "The initial notification system will assure direct coverage of essentially 100% of the population within 5 miles of the site" but provides no specified percentage between 5 and 10 miles. These standards were cited with approval by the Comission in Final Rule on Emergency Planning, CLI-80-40, 12 NRC 636, 638 (1980). Whether the system to be in place at Plant Vogtle will meet these standards is unknown at this time.
Affiant Keast coments at length about the popularity of the NOAA weather radio system and about its effectiveness in providing routine and severe weather forecasts "to government officials and the public involved in agriculture, recreation, transportation, energy conservation, marine travel, and emergency management." (Keast Affidavit,at3). The emergency management referred to here is, we believe, the warnings and precautionary advice broadcast by NOAA for
?
severe storms and floods. Affiant Keast does not address experience with NOAA tone alert weather radios as a primary notification system at nuclear plants, thereby failing to provide probative facts on the matter at issue.
In attempting to address the concern about NOAA radios being turned off because of aggravation by warnings not relevant to the location of the listener, Affiant Keast misses the point. (Keast Affidavit, at 5).
!ndeed, it is the repeated activation of NOAA weather radios as severe
10 storms move .se six counties served by the NOAA weather radio transmitter at Bush Field that give us concern. We are not reassured by the statistic that 93% of storm watches and warnings broadcast by the NOAA weather radio at Bush Field occur between 6:00 a.m. and midnight.
(Id., at 6) Affiant Keast fails to tell us what percentage of these occur between 6:00 p.m. and midnight, a statistic that would be of greater relevance because most convective storms develop during the warm daylight hours and tend to be concentrated in the late afternoon and evening hours. It would not be unusual for many residents of the four rural counties in the EPZ to retire for the night in advance of midnight, so that they might be inclined to turn off their NOAA weather radios if NOAA were broadcasting a series of storm watches or warnings for various locations within the six-county area served by the Bush Field NOAA weather radio station.
Conclusion We conclude that Applicants and Staff have not satisfactorily disposed of the material issues of fact in the contention alleging that people may turn off their NOAA weather radios and thus not have an effective intial notification system in case of an emergency at Plant Vogtle.
11 ORDER Upon consideration of all of the foregoing, it is this 4th day of April 1986, ordered that " Applicants' Motion for Sumary Disposition of Joint Intervenors' Contention EP-2/EP-2(c) (Use of NOAA Tone Alert Radios)" is denied.
THE ATOMIC SAFETY AND LICENSING BOARD u .
MortonB.Margulibs,Ch(frman ADMINISTRATIV AW JUDGE V %r M Gustave A. Linenberge , Jr.
GDPINISTRATIVE JUD CscA%d Dr. Oscar H. Paris ADMINISTRATIVE JUDGE Bethesda, Maryland i