ML20197K010

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

ML20197K010
Person / Time
Site:	Vogtle
Issue date:	05/15/1986
From:	Linenberger G, Margulies M, Paris O Atomic Safety and Licensing Board Panel
To:	GEORGIA POWER CO.
References
CON-#286-176 84-499-01-OL, 84-499-1-OL, OL, NUDOCS 8605200231
Download: ML20197K010 (7)

Text

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g.6;>N UNITED STATES OF AMERICA gQ7

%x NUCLEAR REGULATORY COMMISSION

^ 'N i ATOMIC SAFETY AND LICENSING BOARD 9 Before Administrative Judges: E Mb ~

vocomm )

Morton B. Margulies, Chairman Gustave A. Linenberger, Jr. b 95@ -

Dr. Oscar H. Paris  %  %

Y' 4

)

SEE MAY 171986 In the Matter of ) Docket Nos. 50-424 (CL)

) 50-425 (0L)

GEORGIA POWER COMPANY, et al. )

) (ASLBP 84-499-01-0L)

(Vogtle Electric Generating Plant, )

Units 1 and 2) ) May 15, 1986

)

MEMORANDUM AND ORDER

. (Ruling on Motion for Summary Disposition of Intervenor's Contention EP-2/EP-2(a)

(Administrative Controls Over ENN Use))

Introduction and Background By motion dated March 3,1986, Georgia Power Cortpany (GPC) filed

" Applicants' Motion for Suninary Disposition of Joint Intervenor's Contention EP-2/EP-2(a) (Administrative Controls Over ENN Use)

(Applicants' Motion). This contention questions whether administrative controls are in place to restrict the use of the dedicated telephone lines to the transmission of official and necessary messages and whether, given an emergency, the Emergency Notification Network (ENN) lines c'ould become overloaded. The contention was admitted for litigation by our unpublished Memorandum and Order dated August 12, 1985 (August 12 Order). The NRC Staff filed "NRC Staff Response to

' Applicants' Motion for Summary Disposition of Joint Intervenors' B605200231 860515 PDR ADOCK 05000424 Q PDR 3h b

Contention EP-2/EP-2(a) (Administrative Controls Over ENN Use)'" (Staff Response) on April 15, 1985. 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-2/EP-2(a) (Administrative Controls Over ENN Use)", plus affidavits, all dated March 3, 1976 from the following: Jean M.

Diluzio, Nuclear Emergency Planning Supervisor for GPC (Diluzio Affidavit); Kevin P. Twine, Ebasco Services, Inc., a contractor with GPC (Twine Affidavit); Richard L. Bryant, Director of Burke County Emergency Management Agency; Billy J. Clack, Executive Director of the Georgia Emergency Management Agency; Bobby R. Mauney, Emergency Preparedness Coordinator for the Aiken County Department of Emergency Services; Harold W. A_wbrey, Director of the Allendale County Disaster Preparedness ,

Agency; Herman E. Wald, Coordinator of the Barnwell County Disaster Preparedness Agency; Thomas A. Gardner, Jr., Coninunications Officer of the South Carolina Emergency Preparedness Division; (these affidavits, similar with respect to the ENN issue, will be cited collectively as State and County Affidavits). The Staff Response was supported by the

" Affidavit of FEMA Emergency Management Specialist Cheryl L. Stovall in Support of Applicants' Motion for Summary Disposition of EP-2/EP-2(a)

(Administrative Controls Over ENN Use)" (Stovall Affidavit).

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o As initially proposed by Joint Intervenors Contention EP-2 alleged:

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).

Subcontention EP-2(a) more specifically alleged:

[T]he Burke County plan states that the means of comunication among local governments and respective department / agency personnel within the Plume Exposure Pathway EPZ are, primarily, dedicated circuits and comercial phone lines, and secondly, radio systems. This plan ignores the probability that both dedicated and commer-cial phone lines will quickly become overloaded and incapacitated and in the event of a radio-logical accident at the plant the limited radiobands made available to emergency response vehicles will just as quickly become congested.

1 l (August 12 Order, at 11). In admitting this Contention, the Board noted that nothing in the emergency plans indicated what administrative controls are in place to restrict the use of the dedicated lines to the transmission of official and necessary messages. We admitted the Contention on that limited basis, finding that the other alleged bases -

were without merit (Id., at 12-14).

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 Sumary Disposition of Contention 8 re: Vogtle Quality Assurance), October 3,1985).

The ENN is a hard-wired, dedicated telecomunications system designed for use in a radiological emergency at Plant Vogtle. It links

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the Plant with the principal emergency response organizations of the following entities within the Emergency Planning Zcne (EPZ): Burke

County, Georgia; Aiken, Allendale, and Barnwell Counties, South Carolina; the Savannah River Project; and the States of Georgia and 1 South Carolina (Diluzio Affidavit, 1 3).

At Plant Vogtle ENN terminals are located in the Control Room, in the Technical Support Center (TSC), in the Emergency' Operations Facility (EOF), and in the Backup Emergency Operation Facility (Backup E0F) (Id.,

15). The TSC will be kept locked until it is activated at the time of 4

an emergency; during an emergency access to the TSC will be restricted.

In the E0F the ENN terminal will be kept in a locked cabinet or room I until activated when the E0F is activated at the time of an emergency.

Similarly, the ENN for the Backup E0F will be kept locked until activated when the Backup EOF is activated. Physical access to both the l

E0F and . Backup E0F will' be restricted when.these facilities are

- activat'ed, thus' restricting access to the ENN terminals when.the facilities are activated (Id., 1 6). Further, use of the ENN terminals

at Plant Vogtle during an emergency will be restricted by administrative controls to the transmission of official and necessary messages (Id.,1 l

7). Thus, the ENN terminals at the Plant will be both physically and I administratively controlled, to protect against unauthorized access to the ENN and to assure its ready availability during an emergency (Id., 1 4

8).

i At each county and state emergency response facility one ENN terminal is located on a consnunications console that is staffed on a

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l' 24-hour per day basis, such as the County Warning Point console or the highway patrol dispatcher's console. In addition, some of the facilities have one or more additional ENN terminals located in an emergency response center which is staffed only when activated. In these situations the ENN terminals are located in locked rooms or in locked cabinets. When the response facilities are activated because of an emergency at Plant Vogtle, physical access to them and to their ENN terminals will be controlled. Thus unauthorized access to the ENN will be prevented. Further, procedure will limit use of the ENN to the transmission of official and necessary messages (State and County Affidavits).

At the Savannah River Plant (SRP) there will be two ENN terminals, both located in SRP's Emergency Operating Center (E0C). One will be on the principal communications console of the SRP E0C, 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 other will be located in the offsite coordination support room at the SRP E0C. The latter ENN will be kept in a locked closet or room until the ENN is activated at the time of an emergency.

(Twine Affidavit, 11 3-4). Further, the EOC is a secured facility; it is located in a building access to which requires U. S. Department of Energy security clearance. Access to the E0C during an emergency would be restricted to persons with security clearance who are associated with emergency response operations. Access to the EOC is controlled by the E0C Communications Staff through a Mardix Badge Check System, and the E0C Div:sion Supervisor is administratively responsible for ENN communications (Id., 1 5). Thus the SRP ENN terminals will be both

i physically and administratively controlled to prevent unauthorized access and use (Id., 1 6).

Moreover, the design of the ENN system makes it impossible for it to become overloaded during an emergency. Once the ENN is activated, all parties at ENN terminals would hear everything said at any of the other connected terminals, and any party can speak to the others at any time. Thus the ENN for Plant Vogtle is designed to assure the constant capability of all parties to transmit official and necessary messages (DiluzioAffidavit,14).

Staff Affiant Stovall states that she has reviewed the affidavits submitted with Applicants' Motion and concludes they confirm that the locations of the ENN terminals are in facilities that are staffed on a 24-hour basis or are locked in storage until activation. She also states that the affidavits establish that physical controls of access to the ENN system are in place (Stovall Affidavit,,1 5). Further, Affiant St'ovall states that the affidavits show that strict' administrative controls will limit use of the ENN to the transmission of official and necessary messages (Id., 16). She agrees with the Applicants that the information establishes that the ENN system will be both physically and administratively controlled and concludes that no material issue of fact remains with respect to this contention (Id., t 8).

Conclusion Applicants have established, without contradiction, that the ENN system for Plant Vogtle will be controlled both physically and v.

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administratively. The physical controls will prevent unauthorized access to the ENN, and the administrative controls will assure its ready I availability for transmission of official and necessary messages during an emergency.

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

ORDER Based upon all of the foregoing, it is this 15th day of May,1986, ordered:

(1) That Applicants' Motion for Sumary Disposition of Joint Intervenors'. Contention EP-2/EP-2(a) (Administrative Controls Over ENN Use) is granted.

(2) Contention EP-2/EP-2(a) is hereby dismissed.

i. . .

. THE ATOMIC' SAFETY AND OCENSING BOARD YL Morton B. Margulies, CMirman ADMINISTRATIVE LAW JUDGE

. as tave A. Linenbe , Jr.

INISTRATIVE JU G MS '

Dr. Oscar H. Paris ADMINISTRATIVE JUDGE Bethesda, Maryland

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