ML20203P945

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

ML20203P945
Person / Time
Site:	Vogtle
Issue date:	05/05/1986
From:	Linenberger G, Margulies M, Paris O Atomic Safety and Licensing Board Panel
To:	Federal Emergency Management Agency, GEORGIA POWER CO., NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
References
CON-#286-081, CON-#286-81 84-499-01-OL, 84-499-1-OL, OL, NUDOCS 8605080388
Download: ML20203P945 (8)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION yk gj h ATOMIC SAFETY AND LICENSING BOARD S  %

Before Administrative Judges: g 7 $87 _.

Morton B. Margulies, Chairman L ,%a$'m p Dr. Oscar H. Paris o u_cre c Gustave A. Linenberger, Jr.

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MAY 7 y In the Matter of ) Docket Nos. 50-424-0L

) 50-425-OL GEORGIA POWER COMPANY, et al.

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) (ASLBP No. 84-499-01 OL)

(Vogtle Electric Generating )

Plant, Units 1 and 2) ) May 5, 1986

)

MEMORANDUM AND ORDER (Ruling On Applicants' Motion For Sumary Disposition of Contention EP-2/EP-2(h))

By motion dated March 10, 1986, Applicants seek summary disposition of Contention EP-2/EP-(h). In an unpublished Memorandum and Order dated August 12, 1985, we admitted Contention EP-2/EP-2(h) for litigation.

The contention alleges that the plans do not adequately provide assurance of the dissemination of information to transients in the plume EPZ that would be needed for responcing to an emergency at Plant Vogtle.

NRC Staff (Staff) on April 15, 1986, filed a response in support of Applicants' metion. No reply has been received from the Intervenor, Georgians Against Nuclear Energy. For the reasons discussed below, we grant the motion.

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G.2, 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 sets forth guidelines for furnishing appropriate helpful information to transients in the plume EPZ. It provides:

The public information program shall provide the permanent and transient adult population within the plume exposure 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. Upda+, d information shall be disseminated at least annually. Si ss 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.

The contention for which sumary disposition is sought alleges that the plans fail to adequately provide to any transient population within the plume EPZ appropriate information that would be helpful if any emergency or accident occurs. The contention was based on the fact that the Vogtle and Burke County plans only would disseminate information to the "significant" transient population within the EPZ and not to any and all transients. Plant workers at the site and sportsmen on the banks of the Savannah River were considered to be the significant transient population. The dissemination of infonnation was to be limited to placing notices in the local telephone book and on signs along the Savannah River and places near the Savannah River where people congregate.

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In their motion, Applicants assert that the matters complained of in Contention EP-2/EP-2(h) have been rectified. It is stated that a thorough survey of the Vogtle plume EPZ has been conducted to identify all transient populations in the area and a comprehensive program has been designed to assure that transients are provided with infonnation needed for responding to a Vogtle emergency. They further assert that no genuine issue exists to be heard as to any material fact with respect to the contention and that Applicants are entitled to a decision in their favor as a matter of law, as provided in 10 CFR 2.749.

Affidavits were submitted in support of the motion. The affidavit of the Director of the Burke County Emergency Management Agency stated that Burke County transients have been identified as sportsmen (fisher-men, boaters and hunters), motorists passing through the plume EPZ, non-resident workers (Vogtle employees, timber company employees, farmers and workers at small commercial establishments), occasional visitors to the plume EPZ (visitors to churches, the Vogtle Visitors Center and commercial establishments), Gerard Elementary School students and staff (to be closed by no later than September 1987) and individuals staying at a motel.

The program for transients within Burke County, to be fully implemented prior to fuel load at Vogtle, calls for making available to transients the Georgia edition of the Vogtle emergency public information brochure. Prior to fuel load at Vogtle and annually, thereafter, Georgia Power Company will provide all commercial establishments with a supply of the brochures for distribution to

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non-resident employees. They are to be distributed to the motel for guests and to residents for any non-residents using their land. An insert will be included in the local telephone directory to provide information. Georgia Power Company will place informational stickers on or near all public telephones within the Burke County portion of the EPZ. It will provide large warning signs (for outdoor use) and smaller warning signs (for indoor use) for posting at strategic locations in the EPZ, such as at commercial establishments (including the motel), gas stations and areas used by sportsmen. Vogtle workers receive instruc-tions on the methods of personnel notification and required protective actions in the event of a Vogtle emergency. A warning sign will be placed at the Agricultural Stabilin tion and Conservation Service in Augusta where farmers register annually. Copies of the brochure also will be distributed there. Churches will be provided with indoor warning notices, and brochures for distribution. Warning signs will be posted at the Visitors Center. Gerard Elementary School will be provided with copies of the brochure for distribution to staff and parents of students.

Each of the means of information made available is to provide the basic information needed by a transient to respond effectively to a warning of an emergency at Plant Vogtle.

Similar affidavits were executed by the Emergency Preparedness Coordinator for the Aiken County Department of Emergency Services, the Director of the Allendale County Disaster Preparedness Agency, and the Coordinator of the Barnwell County Emergency Preparedness Agency; each

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attests to the transients identified within the South Carolina counties that come within the plume EPZ and the respective county programs that will provide transients with information needed for responding to a Vogtle emergency.

An affidavit was also submitted by the Manager, Resources Planning of Ebasco Services, Inc. This firm is employed by Georgia Power Company to coordinate offsite emergency planning activities for Vogtle, including coordination with the Savannah River Plant, a Federal nuclear facility partially within the plume EPZ. He attested to seven transient groups identified within the Savannah River Plant controlled areas and the programs that will provide the information needed by the transients to respond effectively to a warning of an emergency at Plant Vogtle.

The Nuclear Emergency. Planning Supervisor of Georgia Power Company submitted an affidavit in which it was set forth how Georgia Power Company will disseminate the information to transients by way of the public information brochures, the stickers, the large outdoor warning signs, the smaller warning signs and notices.

We find that the affidavits were furnished by individuals qualified to discuss the matters presented. The uncontroverted affidavits substantiate Applicants' assertions, in moving for summary disposition of the contentions, that the transient populations within the plume EPZ have been identified and that a comprehensive program has been designed to assure that transients are provided with information needed for responding to a Vogtle emergency. Applicants and local planners are committed to changing the pians so that they adequately provide for

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6 disseminating appropriate information to the transient population within the plume EPZ that would enable the transients to respond to an emergency at the Vogtle plant. The corrective action indicated will eliminate the cause for complaint in Contention EP-2/EP-2(h). No genuine issue was shown to exist to be heard as to any substantive material fact with respect to the contention.

The remaining Intervenor in the proceeding, Georgians Against Nuclear Energy, did not respond to the motion.

In its response of April 15, 1986, Staff takes the position that summary disposition is appropriate provic'ad that Applicants amend the emergency response plans to include the methods and means of notifying the transient population that they say they will employ in the motion for sumary disposition. In so doing, it relies upon the affidavit of the Emergency Management Program Specialist for the Federal Emergency Management Agency (FEMA).

Based on the affidavit of the Director of the Burke County Emergency Management Agency, the FEMA representative finds that the program for transients appears to be adequate and meets NUREG-0654 requirements. She notes that the affidavits of the local emergency response personnel identify the transient population and their location within the plume EPZ in a more comprehensive and descriptive fashion than that contained in the State and local plans for Plant Vogtle. She concludes that the pre-emergency information which Applicants intend to provide transients who enter the plume EPZ will be adequate and that the

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7 criteria II.G. in NUREG-0654 will be met, provideo State and local plans are revised to incorporate the compreher.sive public information program for transients set forth in the affidavits.

We agree with the positions of Applicants, Staff and FEMA that the emergency plans, as changed, will eliminate the grounds for the contention.

10 CFR 2.749(d) provides that a motion for summary disposition shall be granted if the filings in the proceeding show that there is no genuine issue of fact and that the moving party is entitled to a decision as a matter of law.

Applicants have satisfied the requirements of the regulations and the motion should be granted. They have established, without contradiction, that the transient population within the Vogtle plume EPZ has been identified and that the emergency plans, as revised, will adequately provide for the dissemination of appropriate information to any transient population within the plume EPZ needed for responding to a Vogtle emergency. No genuine issue of material fact is left for litigation. The corrective action satisfies the complaint raised in the contention, rendering it moot. Applicants are entitled to a decision as a matter of law.

What is left to be done is to make the agreed revisions and to assure that the changes are implemented in the plans. These are implementing details. The ministerial act of inspecting the plans to assure that the changes are implemented should be left for verification by Staff and FEMA. See Louisiana Power & Light Co., (Waterford Electric Station, Unit 3), ALAB-732,17 NRC 1076,

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1103-04,1106-07(1983); Philadelphia Electric Co. (Limerick Generating Station, Units 1 and 2), ALAB-808, 21 NRC 1595, 1600 (1985). All of the above, including verification, should be accomplished by August 4,1986 to give finality to the matter.

ORDER Based upon all of the foregoing, the Licensing Board hereby orders:

(1) That Applicants' Motion for Summary Disposition of Contention EP-2/EP-2(h) is granted and the contention is hereby dismissed; (2) That the agreed upon changes be made in the emergency plans that identify transients and assure the dissemination of appropriate information to transients in the plume EPZ of Plant Vogtle that are needed for responding to an emergency at the facility; and (3) That the Staff arid FEMA verify by August 4, 1986 that the changes in the plans have been made.

THE ATOMIC SAFETY AND LICENSING BOARD Morton B. Kargulies.ghairman ADMINISTRAT E LAW JBDGE s

ens en d stave A. Line er, Jr.

ADMINISTRATIVE UD E

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W Dr. Oscar H. Paris YWQ ADMINISTRATIVE JUDGE Dated at Bethesda, Maryland this 5th day of May 1986.

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