ML20197G766

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

ML20197G766
Person / Time
Site:	Vogtle
Issue date:	05/12/1986
From:	Linenberger G, Margulies M, Paris O Atomic Safety and Licensing Board Panel
To:	GEORGIA POWER CO.
References
CON-#286-153 84-499-01-OL, 84-499-1-OL, OL, NUDOCS 8605160395
Download: ML20197G766 (7)

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i UNITED STATES OF AMERICA . . .

NUCLEAR REGULATORY COMMISSION ,~

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$pJ&, g ATOMIC SAFETY AND LICENSING BOARD  %

NAy CJ Before Administrative Judges: 7 4

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Morton B. Margulies, Chairman 1

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Gustave A. Linenberger, Jr. k  ;

Dr. Oscar H. Paris \ 1, 8 t

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

) 50-425(0L)

GEORGIA POWER COMPANY, --

et al. )

) (ASLBP 84-499-01-OL)

(Vogtle Electric Generating Plant, )

Units 1 and 2) ) May 12, 1986 NAy .

MEMORANDUM AND ORDER (Ruling on Motion for Sumary Disposition of g'

Intervenor'sContentionEP-1/EP-1(a)/EP-2(b)

(24-hour Staffing of Burke County ENN Link))

Introduction and Background By motion dated January 31, 1986, Georgia Power Company filed

" Applicants' Motion for Summary Disposition of Joint Intervenors' ContentionEP-1/EP-1(a)/EP-2(b)"(Applicants' Motion). This contention alleges that Applicants have failed to show that the 24-hour staffing requirements for the Burke County, Georgia, Emergency Notification Net (ENN) will be met. The contention was admitted for litigation by our unpublished Memorandum and Order dated August 12, 1985 (August 12 Order). The NRC Staff filed the "NRC Staff Response to ' Applicants' Motion for Sumary Disposition of Joint Intervenors' Contentions  !

l EP-1/EP-1(a)/EP-2(b) (24-hour Staffing of Burke County ENN Link)'"

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(StaffResponse). No response to Applicants' Motion was filed by the Joint Intervenors or by the now sole Intervenor, Georgians Against Nuclear Energy (GANE).

Applicants' Motion was supported by " Applicants' Statement of Material Facts As to Which No Genuine Issue Exists to Be Heard Regarding Contention EP-1/EP-1(a)/EP-2(b)" and the " Affidavit of Richard L. Bryant on Contention EP-1/EP-1(a)/EP-2" dated January 31,1986(Bryant Affidavit). The Staff Response was supported by the " Affidavit of FEMA Emergency Management Program Specialist Cheryl L. Stovall in Support of Applicants' Motion of Sumary Disposition of Joint Intervenors' Contention EP-1/EP-1(a)/EP-2(b) (24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> Staffing Requirement of Burke County ENN Link)" dated February 18, 1986 (Stovall Affidavit).

As initially proposed by Joint Intervenors, Contention EP-1 alleged:

Applicants fail to show that each principal response organization has the staff to respond and to augment its initial response on a continuous basis, as required by 10 CFR 50.47(b)(1).

A basis for Joint Intervenors' concern was specified in subpart (a) of EP-1, which asserted:

Applicants rely upon the Burke County Emergency Management Agency to coordinate emergency planning and operation activities. Applicants fail to note, however, that Burke j County has no full-time emergency manager or office.

Contention EP-2(b) alleged:

[T]he Acting Director of Emergency Management of Richmond County, Pam Smith, s~tates"That she occasionally has difficulty '

contacting emergency personnel in Burke County due to the lack of a full-time emergency planner.

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6 See " Joint Intervenors' Revised Contention Relating to Emergency Response " (June 24, 1985), at 2-3.

In our August 12 Order we stated that we considered Contention EP-2(b) to be a basis for Contention EP-1 rather than a contention in itself and that we would treat it accordingly (August 12 Order, at 7).

We also stated that Applicants must demonstrate either that the Burke County Emergency Operatiobs Center (E0C) must be staffed at all times or that the procedure to be followed by the Sheriff's Department can initiate an emergency response in a timely and efficient fashion.

(Id., at 10).

Discussion Regulations governing summary disposition and relevant NRC case law have been reviewed in earlier orders and need not be repeated here.

(See: Memorandum and Order (Ruling on Motion for Suninary Disposition of Contention 8 re: Vogtle Quality Assurance), October 3,1985).

Applicants' affiant Richard L. Bryant is the Director of the Burke County Emergency Management Agency (EMA). His employment in this position is full-time, and he supervises a paid staff of approximately 30 people plus about 50 volunteers. (Bryant Affidavit, i 1 and Exhibit A). Affiant Bryant attested that there was one primary and three back-up means by which Burke County could be notified of an emergency at l

Plant Vogtle. (Id., 1 3).

The primary means of emergency communication is the Burke County Emergency Notification Network (ENN) link, a dedicated telephone network

i linking offsite emergency response officials with Plant Vogtle. (Id.,

11 2, 4). The first back-up to the ENN is comercial telephone, using a specific "24-hour" emergency number at the Burke County Emergency Operations Center (E0C). (Id., f 4). The second back-up is the EMA radio network, which broadcasts at a frequency of 39.93 MHz. (Ibid).

Affiant Bryant stated that beginning early in 1986, Burke County will utilize a consolidated dispatching system for its emergency response organizations. The system will be staffed on a 24-hour-per-day basis by a central dispatcher stationed at the ummunications console in the E0C.

The ENN, the "24-hour" emergency number for the E0C, and the EMA radio all will be located on the E0C console. (Id., f 5).

The third back-up means by which Plant Vogtle could notify Burke County is via commercial telephone to the "24-hour" emergency number for the Burke County Sheriff's Department located on the Sheriff's Dispatcher's console, which is staffed 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> per day. The Burke County Plan is being amended to correctly indicate that the Sheriff's 24-hour number is the third back-up, while the EMA radio network is the second back-up. (Id., f 6). Upon being notified of an emergency at I

plant Vogtle, the Sheriff's dispatcher would notify the central l l

dispatcher at the E0C by telephone or, if necessary, by sending a member of the Sheriff's staff to deliver the message . The Sheriff's staff is available 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> per day. (Ibid).

l Upon being notified by one of these four means, established procedure directs the E0C central dispatcher to contact one of the following persons in succession: EMA Director, first Deputy EMA l

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Director, second Deputy EMA Director, and EMA Training Officer. Each of these individuals is authorized to activate the Burke County Emergency plan and initiate an emergency response by the County. (Id., 1 7).

This line of succession will be included in the next revision of the Burke County Plan, according to Affiant Bryant. (Ibid).

The Staff's Affiant is Cheryl L. Stovall, Emergency Management Program Specialist for the Federal Emergency Management Agency (FEMA).

(Stovall Affidavit, 1 1). Affiant Stovall attested that she had reviewed the affidavit of EMA Director Bryant and that the criterion in NUREG-0654 which calls for 24-hour-per-day staffing capability has been met. (Stovall Affidavit,13). She concludes that the information contained in the Burke County Plan and the affidavit of the Burke County EMA Director show that there are adequate links for communications and notification in the event of an emergency at Plant Vogtle. (Id., at 7).

Finally, the credentials of both affiants have been reviewed by us.

We find that they are fully qualified to attest to the matters covered in their affidavits.

Conclusion Applicants have established, without contradiction, that Burke County has a full-time Director of the Burke County Emergency Management Agency and that adequate provisions have been made or are being made to staff the Emergency Operations Center on a 24-hour-per-day basis. They have further established that an adequate primary communication link exists between Plant Vogtle and the E0C and that adequate back-up links,

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including the actions to be taken by the Sheriff's Department, have been established.

What remained to be done at the time Affiant Bryant submitted his affidavit (January 31, 1986) was (1) the establishment of the Burke County consolidated dispatching system staffed 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> per day and located in the Burke County EOC, (2) amendment of the Burke County Plan to correctly indicate that the Burke County EMA radio network is the second back-up means of comunication and the Sheriff's 24-hour telephone number is the third back-up, and (3) revision of the Burke County Plan to correctly identify the line of succession of EMA personnel to be contacted by the E0C dispatcher in the event of an emergency at Plant Vogtle. The implementation of these changes can be l l

verified by the NRC Staff and FEMA. We shall require that these changes i be accomplished by August 4, 1986 to give finality to the matter.

We conclude, therefore, that there remain no genuine issues of fact j left for litigation. The contention is rendered moot, and the Applicants are entitled to a decision as a matter of law.

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i ORDER Based up,on all of the foregoing, it is this 12th day of May,1986, ordered:

(1) That Applicants' Motion for Sumary Disposition of Joint Intervenors' Contention EP-1/EP-1(a)/EP-2(b) (24-hour Staffing of Burke County ENN Link) is granted and the Contention is hereby dismissed; (2) That the aforementioned revisions to the Burke County Plan and the planned establishment of the 24-hour-per-day consolidated dispatching system at the Burke County EOC be completed; and (3) That the Staff and FEMA verify by August 4,1986 that these changes have been accomplished.

THE ATOMIC SAFETY AND LICENSING BOARD ve Morton B. Margulies, ghaiman ADMINISTRATIV LAW dl1DGE ff C4 (/ ~

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G stave A. Linenbe' , Jr.

C MINISTRATIVE JU W

Dr. Oscar H. Paris

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M ADMINISTRATIVE JUDGE Bethesda, Maryland

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