ML20210K711

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

ML20210K711
Person / Time
Site:	Vogtle
Issue date:	04/25/1986
From:	Margulies M Atomic Safety and Licensing Board Panel
To:	NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
References
CON-#286-929 84-499-01-OL, 84-499-1-OL, OL, NUDOCS 8604290020
Download: ML20210K711 (2)

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N UNITED STATES OF AMERICA J'[F _

NUCLEAR REGULATORY COMilSSION -2/ '%g "

I APR ATOMIC SAFETY AND LICENSING BOARD Sf gg ; ,

Before Administrative Judges: 1,r N.[ /

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Morton B. Margulies, Chainnan _

p Gustave A. Linenberger, Jr.

Dr. Oscar H. Paris smVED APR251986

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In the Matter of ) Docket No. 50-424-0L

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

)

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

(Vogtle Generating Plant, Units )

1 and 2) ) April 25, 1986

)

Order Granting NRC Staff's Request For Postponement In Regard To Applicants' Motion For Summary Disposition Of Contention EP-5 On March 10, 1986, Applicants moved for summary disposition of Contention EP-5. The contention alleges that the plan does not meet the regulatory requirements because it does not assure that adequate reception centers will be readily available for use in the event of a radiological emergency at Plant Vogtle.

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

In a response to the motion dated April 15, 1986, NRC Staff (Staff) requests additional time to file a further response to Applicants' motion. The Federal Emergency Management Agency (FEMA) representative, in an affidavit dated April 11, 1986, states that on the present record 8604290020 860 j24 PDR ADOCK O PDR r o OZ L

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no finding of adequacy of the reception centers can be made. An h

exercise demonstration of the plan is to be conducted on April 30 and May 1, 1986. FEMA expects that the exercise can provide the information on which a finding of adequacy can be made.

Staff asks that consideration of the motion for summary disposition be deferred until FEMA, upon whom it relies, has conducted the exercise and evaluated the plan. Staff requests that it be given 14 days after the FEMA evaluation is issued to file a further response to Applicants' motion.

Commission regulation, i.e., 10 CFR 50.47(a)(2) provides for reliance upon FEMA in determining the adequacy of erergency plans.

We will grant the motion for a postponement to pen...t its input on the contention being considered for summary disposition. The requested postponement is indefinite as to duration because it is dependent upon when FEMA issues its evaluation, an event without a time limit. Respon-sible case management requires that a reasonable date certain be set for the postponement. It is therefore ordered that Staff has until June 2, 1986, to file a further response to Applicants' motion for summary disposition of Contention EP-5. Staff may make a timely further application to the Board should additional time be required.

FOR THE ATOMIC SAFETY AND LICENSING BOARD 1 -

Morton B. Marguli~es, gainnan ADMINISTRATIVE LAW JUWE Dated at Bethesda, Maryland this 25th day of April 1986.

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