ML20203B711

Response Supporting Applicant 860310 Motion for Summary Disposition of Joint Intervenors Contention EP-2/EP-2(h) If Emergency Response Plans Amended to Include Methods for Notifying Transient Population.W/Certificate of Svc

ML20203B711
Person / Time
Site:	Vogtle
Issue date:	04/15/1986
From:	Bordenick B NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20203B715	List: ML20203B711 ML20203B731
References
CON-#286-807 OL, NUDOCS 8604180239
Download: ML20203B711 (8)

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$QE0 UNITED STATES OF APTERICA NUCLEAR REGULATORY COMP 1ISSION 06 fpp P5:q BEFORE Tile ATOMIC SAFETY AND LICENSINh$i ARD, .

n;,

In the Matter of )

)

OFORGIA POWER COMPANY ) Docket Nos. 50-424

--et al. ) 50-425

) (OL)

(Vogtle Electric Generating Plant, )

Units 1 and 2) )

NRC STAFF RESPONSE TO " APPLICANTS' MOTION FOR

SUMMARY

DISPOSITION OF JOINT INTERVENORS' CONTENTION EP-2/EP-2(h) (PUBLIC INFORP!ATION FOR TRANSIENTS)"

I. Introduction On March 10, 1986, Applicants filed a Motion for Summary Disposition of Joint Intervenors' Contention EP-2/EP-2(h). This contention involves the question of whether, in addition to placing signs for transients along the Savannah River and placing a notice in local phone directories, the Vogtle or Burke County plan adequately provides public information for transients who may be in the Vogtle Emergency Planning Zone at the time of an accident. b " Memorandum and Order (Ruling on Joint Intervenors' Proposed Contentions on Emergency Planning)" dated August 12, 1985 at 19-20. For the reasons presented below and in the attached Affidavit of Cheryl L. Stovall, an Emergency Management Program Specialist in the

-1/ The Contention, as originally proposed by Intervenors and as admitted by the Licensing Board, is set out at pp. 2-3 of Applicants' Motion and at 1 2 of the attached Affidavit of Cheryl L. Stovall.

G604180239 860415 DR ADOCK 0500 4

i Federal Emergency Management Agency (FEMA), the NRC Staff submits that Applicants' Motion should be granted upon condition that Applicants amend their emergency response plan to include those methods and means of notifying the transient population that they say they will employ in the subject motion for summary disposition.

II. Legal Standards Governing Summary Disposition The Staff previously set forth the applicable legal standards governing motions for summary disposition in its July 26, 1985 " Response to Applicants' Motion for Summary Disposition of Contention 10.3 (Cables in Multiconductor Configurations)" (at pp. 1-3). In order to avoid unnecessary repetition, that discussion is incorporated by reference herein .

III. Applicants' Motion A. Background The background events leading to the filing of Applicants' Motion for Summary Disposition are set forth at pp. 2-4 of Applicants' Motion. Staff has reviewed Applicants' description of these events and, in order to avoid unnecessary repetition, agrees with and adopts tha " background" statement set out in Applicants' Motion.

1 B. Basis for Staff's Support of Applicant:,' idotien for Summary Disposition The Staff supports Applicants' Motion for Summary Disposition for the reasons set out in the attached Affidavit of Cheryl L. Stovall, the FEMA Emergency Management Program Specialist charged with reviewing emergency response planning Georgia.

Ms. Stovall's Affidavit notes that the requirements for public information for transients are set forth in 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."

1 Specifically Planning Standard II . G , Public Education and Information, requires that:

Information is made available to the public on a f

periodic basis on how they will be notified and what .

their initial actions should be in an emergency (e.g.', '

listening to a local broadcast station and remaining indoors) , the principal points of contact with the news media for dissemination of information during an emergency (including the physical location or locations) i are established in advance, and procedures for coordinated dissemination of information to the public are established.

Stovall Affidavit at i 2.

This planning standard is measured by the following criteria for transient public information:

II . G . 2 The public information program shall provide the permanent and transient adult population within the plume ernosure EPZ an adequate opportunity to become aware of the information annually. The programs should include provision for written material that is likely to be available in a residence during an emergency. Updated information shall be disseminated i

at least annually. 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 population within the plume exposure pathway 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.

i Id.

Based on her review of the information presented in the Affidavits attached to Applicants' Motion , Ms. Stovall is able to state that a comprehensive survey of the Vogtle Plume Emergency Planning Zone (EPZ) 4 m _ . . - . _ _ , _ , _ . , , , . , , - . , . . _ _ , . - . .._.m.,,,.,_._.__, , _ , _ _ . _ . . - _ . . _ , ,

4 has been conducted to identify the transient populations in the Vogtle i EPZ area. Stovall Affidavit at Y 4.

Ms. Stovall notes that the transient population and its location within the Vogtle EPZ as identified in affidavits by local emergency response personnel is more comprehensive and descriptive than current information provided in the State and local plans for Vogtle. M. Specifically, the Burke County Plan only identifies hunters and fishermen along the Savannah River, Staff and students at the Girard Elementary School, and individuals employed by businesses located in the Vogtle EPZ. The Affidavit of the Burke County Emergency Management Director ,

Mr. Dryant , identifies the following as transients in addition to those noted in the plan: Motorists passing through the area, individuals making recreational brie'f visits, individuals attending church, individuals going to the Vogtle Visitor Center, and commercial establishments. M.

As further noted by Ms. Stovall, while Mr. Bryant's Affidavit sets forth a specific public information program for transients, the State and local plans will have to be revised appropriately to reflect this additional information. Id.

Ms. Stovall is able to state, however, that the public information program for transients as identified in the Affidavit of Mr. Bryant appears to be adequate and meets NUREG-0654 requirements. Stovall i

i Affidavit at 15.

The public information program for Vogtle involves the posting of i

signs , stickers near public telephones, information placed in local i

! telephone directories, and the availability of brochures in motels ,

't

1 i

, businesses, and churches. d. These means of information are commonly used in the Southeastern United States to advise transients of emergency procedures to be taken in the event of an incident at a nuclear power

• /

plant. E d.

Based on her review of the public information program as contained in the affidavits of emergency response personnel submitted in support of the Applicants' Motion , Ms. Stovall is able to find that the pre-emergency information which Applicants intend to provide to transients who enter the EPZ will be adequate and that criteria II.G.in NUREG-0654 will be met. Stovall Affidavit at 16.

However, although Applicants state in affidavits that they will  ;

provide this information to the transient population for use in a v radiological emergency, these matters are not reflected in the emergency response plans for Vogtle. The plans should be amended to raflect these matters. The ministerial act of inspecting the plans to assure they are amended to reflect the matters detailed in Applicants'. affidavits may he left for verification by FEMA and the NRC Staff. See _Louisianna Power

& Light Co. (Waterford Steam Electric Station , Unit 3), ALAB-732, 17 NRC 1076, 1103-04 (1983); Philadelphia Electric Co. (Limerick Generating Station, Units 1 & 2), ALAB-R08, 21 NRC 1595,1600 (1985). Thus, the motion may be granted subject to FEMA and NRC verification that the

-2/ Ms. Stovall notes, however, that the public information brochures which will be used to provide transients in the Vogtle area with emergency information has not been formally reviewed by FEMA, therefore a determination of the adequacy of the brochure has not been made by FEMA. Stovall Affidavit at 15.

, methods and means of notifying transients specified in Applicants' affidavits are incorporated in the emergency response plans for Vogtle.

IV. Conclusion for the reasons presented above, and in the attached affidavit of Cheryl L. Stovall, the Staff submits that the Motion for Summary Disposition of Contention EP-2/EP-2(h) should be granted upon condition that Applicants amend the emergency response plans to include the methods and means of notifMng the transient population that they aver in their affidavits they will use. E Respectfully submitted, M /

Bernard M. Bordenick Counsel for NRC Staff Dated at Bethesda, MaryIand this 15th day of April,1986 l

l l

-3/ Staff has reviewed " Applicants' Statement of Material Facts as to Which no Genuine Issue Exists to be Heard [ete]" and agrees with the Statement in question.

l

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Motter of )

)

GEORGIA POWER COMPANY, ) Docket Nos. 50-424 et al.

~- ) 50-425

) (OL)

(Vogtle Electric Generating Plant, )

Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO ' APPLICANTS' MOTIOli FOR

SUMMARY

DISPOSITION OF JOINT INTERVENORS'CONTEN-TION EP-2/EP-2(h) (PUBLIC INFORMATION FOR TRANSIENTS)'" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 15th day of April,1986.

Morton B. Margulies, Esq. , Chairman

• Mr. Gustave A. Linenberger, Jr.*

Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensin; Board Panel Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. Oscar II. Paris

• Bradley Jones, Esq.

Administrative Judge Region 1 Counsel l Atomic Safety and Licensing Board

^

U.S. Nuclear Regulatory Commission Panel Suite 3100 U.S. Nuclear Regulatory Commission 101 Marietta Street hshington, D.C. 20555 Atlanta, GA 30303 Bruce W. Churchill, Esq. Douglas C. Teper David R. Lewis, Esq. 1253 Lenox Circle Shaw, Pittman, Potts a Trowbridge Atlanta, GA 30306

! 1800 M Street, N.W.

t Washington, D.C. 20036 l

9 Atomic Safety and Licensing Board Panel

• U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Docketing and Service Section* Atomic Safety and Licensing Office of the Secretary Appeal Board Panel

• U.S. Nuclear Regulartory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 James E. Joiner, Esq. Ruble A. Thomas Troutman, Sanders, Lockerman, Southern Company Services, Inc.

& Ashmore P.O. Box 2625 127 Peachtree Street, N.E. Birmingham, AL 35202 Candler Building, Suite 1400 Atlanta, GA 30043 NRC Resident Inspectors P.O. Box 572 William F. Lawless Waynesboro, GA 30830 Paine College 1235 15th Street H. Joseph Flynn, Esq.

Augusta, GA 30910 Assistant General Counsel Federal Emergency fianagement Agency Steven F1. Rochlis 500 C Street, S.W.

Regional Counsel Washington, D.C. 20472 Federal Emergency Management Agency Suite 700 1371 Peachtree Street, N.E.

Atlanta, Georgia 30309

%M 64cb/

' Bernard M. Dofdenick Counsel for NRC Staff I

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