ML20064J771
| ML20064J771 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 01/17/1983 |
| From: | Adler R, Zahler R GENERAL PUBLIC UTILITIES CORP., PENNSYLVANIA, COMMONWEALTH OF, SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | |
| Shared Package | |
| ML20064J759 | List: |
| References | |
| ALAB-698, NUDOCS 8301180199 | |
| Download: ML20064J771 (8) | |
Text
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UNITED STATES OF AMERICA NUCLEAR REGUIA'IORY COH4ISSION BEFORE 'IEE CDM4ISSION In the Matter of:
MEIBOPOLITAN EDISON COMPANY,
)
)
Docket No. 50-289
('Ihree Mile Island Nuclear
)
(Restart)
Station, Unit Ib.1)
)
STIPUIATION OF WITHDRAWAL This Stipulation is entered into this
/ Y th day of January, 1983, by and between GPU Nuclear Corporation ("GPUNC") and the Q2monwealth of Pennsylvania ("Comonwealth").
WHEREAS, the Atomic Safe.y and Licensing Board issued an opinion in Metropolitan Edison Cmpany (Three Mile Island Nuclear Station, Unit No.1),
ALAB-698, (October 12, 1982), ruling that permanent record dosimeters (TLDs) were not required to be availabla for distribution to all offsite emergency workers responding to an emergency at the Three Mile Island Nuclear Station ("'IMI") prior to the restart of 'IMI Unit 1; and, MIEREAS, the Appeal Board nevertheless stated in ALAB-698 that permanent record dosimeters " represent a useful added measure of pro-tection for mergency workers" and " clearly would facilitate more accurate permanent recordkeeping, as well as diagnosis in special cases,"
l and urged "all affected interests to work together to make reasonable pr> vision for distribution of TIDs for offsite t5nergency workers in the event of an emergency"; and, MIEREAS, the Conmorrmalth timely filed with the Nuclear %gulatory Conmission a " Petition for Partial Peview of ALAB-698", challenging 8301100199 830113 PDR ADOCK 05000289 C
l ALAB-698 with respect to the need for adequate dosimetry for offsite emergency workers responding to an mergency at 'IMI; and, WHEREAS, in the interest of reaching an amicable resolution of this dispute acceptable to both parties, consistent with the policy of the Nuclear Begulatory Comnission favoring settlement, and in accordance with the spirit of the Appeal Board opinion in ALAB-698, Licensee and the Co:monwealth have negotiated a settlement of this dispute, the terms of which are set forth in this Stipulation of Withdrawal.
NOW, THEREEDRE, GPUNC and the Cutmonwealth, each intending to be legally bound hereby, agree and stipulate as follows:
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- 1. GPUNC Licensee shall fund the procurment of 6,500 theritoluminescent
("TLD") dosimeters, on an annual lease basis, for the entire operating life of 'IMI, for use by offsite mergency workers responding to a radiological incident at SMI. 'Ihe model and manufacturer of the TLDs shall be specified by the 0xtmonwealth. The procurement agreement shall include maintenance and reading of all TIDs, whenever necessary, by the vendor. The TIDs to be so purchased by the Ccxtmonwealth and the services to be provided by the vendor to the Comtonwealth shall be cortparable to l
I those currently available for $4.00 per TLD.
For purposes of this l
paragraph, the " operating life of 1MI" shall terminate 180 days after I
the last fuel assably is reoved frcxn the reactor vessels at IMI.
2.
The Comtonwealth and/or county mergency managment agencies shall be responsible for control, inventory (including any losses there-from) and distribution of TLDs for offsite emergency workers, in accord "ce with the procedures established in the Comtonwealth of Pennsylvania's Disaster Operations Plan, Annex E, hbclear Facility Incidents; provided, however, that in the event that TLDs are read by l
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the vendor as a result of an accident at DiI, and if any or all of these TLDs are destroyed in the reading process, such supplies shall be replaced by the Licensee.
3.
GPUNC shall pay for the first annual supply of 6,500 TLDs and i
associated services within thirty (30) days after they are ordered by the Ocunonwealth.
In stWing years GPUNC shall pay for the 'ILDs and associated services within thirty days after receiving an invoice from the Ocnnonwealth indicating that the TLDs have been reordered and de-scribing the TLDs and associated services being reordered.
In the event that the Cormonwealth provides TIDs for any other nuclear power plant in the Comnonwealth for any fiscal year, using funds obtained from any source other than direct payments frcm the reactor owner or operator similar to those provided for in this Stipulation, the obligations of this paragraph shall be waived for that fiscal year.
4.
GPUNC shall provide the Connonwealth with adequate funds to purchase 1,250 CD V-730 dosimeters (self-roading 0-20R), or an equivalent, l
cormercially available dosimeter, for use by emergency workers in t!e plume exposure pathway energency planning zone for 'IMI.
For purposes of this paragraph, " adequate funds" shall constitute the lesser of
$93,750 (1,250 dosimeters at S75.00 each), or the actual cost to the Cormonwealth to purchase 1,250 CD V-730 or equivalent dosimeters. Funding for procurment of self-reading dosimeterc shall be on a one-time basis.
Transfer of such funds shall be accmplished within 30 days after the Ccmaonwealth orders 1,250 CD V-730 or equivalent dosimeters.
5.
The Camenwealth crd/or county emergency managment agencies shall be responsible for the control, inventory, distribution, repair, maintenance, and replacenent of such dosinnters, as necessary, in 3
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accordance with procedures established in the Chmonwealth of Pennsylvania's Disaster Operations Plan, Annex E, Fixed Nuclear Facility Incidents.
6.
In accordance with procedures established in the Cbmnonwealth of Pennsylvania Disaster Operations Plan, Annex E, Fixed Nuclear Facility Incidente, the Chmonwealth shall assune responsibility for the conduct of the requisite training to ensure proper operation of dosimetry equipnent (including both TLDs and self-reading dosimetry) by the personnel to whom it is issued. GPUNC will provide the Oxmonwealth with technical consulting and assistance, on an as-needed basis.
7.
Adequate supplies of CD V-742 dosimeters (self-rmaing 0-200 R) are available for use by emergency workers responding to a radio-logical incident at 'IMI.
8.
Without in any way otherwise limiting or restricting GPUNC's liability to the Camonwealth or third parties in the event of a radiological release from 'IMI, the Camonwealth agrees to indennify and hold GPUIC hanrless frcxn and against any suit or claim arising from any alleged defect in the dosietry to be provided hereunder or in the inproper use of such dosimetry whether based on contract or tort (including negligence and strict or absolute liability), and regardless of the form in which any legal or equitable action may be brought.
9.
Concurrent with the filing of this Stipulation of Withdrawal with the Nuclear Regulatory Comnission, the Cormonwealth shall withdraw its pending Petition for Partial Review of ALAB-698.
10.
The Camonwealth's withdrawal of its Petition for Review in l
this prowsding shall not be construed as a waiver by the Camonwealth of its right to take any action otherwise available at law or in equity i
to enforce the provisions of this Stipulation at any tim in the future, j
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in accordance with the laws of the Camenwealth of Pennsylvania and the United States of America.
IN WITNESS WHERBOF, the parties have executed this Stipulation by their counsel of record in this proceeding this
/7 th day of January, 1983.
FOR GPU NUCLEAR CORPORATION
'l EBERf E. ZAHLER,
~
Shaw, Pittman, Potts ridge FOR THE ComONWEALTH OF PENNSYLVANIA f f h
Wa I Y, f_.V, / Yu O k & 'l FOBERT W. ADLER, Esquire i
Assistant Counsel Camonwealth of Pennsylvania 9
a
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of
)
)
METROPOLITAN EDISON COMPANY
)
Docket No. 50-289
)
(Restart)
(Three Mile Island Nuclear
)
Station, Unit No. 1)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing
" Motion to Withdraw Petition for Partial Review of ALAB-698" and " Stipulation of Withdrawal" were served this 17th day of January, 1983, by hand delivery to the parties identified with an asterisk and by deposit in the U.S. mail, first-class, postage prepaid, to the other parties on the attached Service List.
Robert E.
Zah b,'P.C.
UNITED STMES OF AMCA NUCLEAR REGCIAIORY CQHISSION 00tf[
BEFORE TFI COEISSICI g$ 0 In the M tter of
)
..c.f Docketd,7:,1Ero
}
o?'50-289 Mrmi-JZmN EDISON CCMPANY
)
)
(Bestart)
(Three Mile Island Nuclear
)
Station, Unit No. 1)
)
SERVICE LIST
- Nunzio J. Pall ad1 no, C'ni rman Administrative Judge Cary J. FM1am U.S. thclaar Pegulatory C = imsion Chai. uran, Atcznic Safety and Licensing Washingtcn, D.C.
20555 Apraal Board U.S. Nuclear Pegulatory Ccmnission
- Victor Gilinsky, Cmmissioner Washington, D.C.
20555 U.S. Nuclear Pegulatory C iasien Washington, D.C.
20555 Aininistrative Judge John H. Buck Atctric Safety and Iicensing Ag-BckLM
- John F. Ahearne, Ommtssioner U.S. Nuclear Regulatory rmmission U.S. Nuclear Pegulatcry Ommission Washington, D.C.
20555 Washingtcn, D.C.
20555 Aininistrative Judge Beginald L. Gotchy
- 2nnas M. Peberts, Ccnmissioner Atcmic Safety and Licensing Appeal Board U.S. Nuclear Pegulatory Ccmnission U.S. Nuclear Pegulatory Crnmission Washington, D.C.
20555 Washington, D.C.
20555
- James K. Asselstine, Camtssicner
- Joseph Gray, Esquire (4)
U.S. Nuclear Fegulatory Ccmrission Office of the Executive Iegal Director Washingtcn, D.C.
20555 U.S. Nuclear Pegulatory Ccmnission A rinistrative Judge Ivan W. Smith Cminnan, Atcmic Safety and
- Docketing and Service Section (3)
Licensing Board Office of the Secretary I
U.S. Nuclear Pegulatory Ccmrissicn U.S. Nuclear Pegula* wry Ccmrission Washingtcn, D.C.
20555 Washing wn, D.C.
20555 Aininistrative Judge Walter H. Jordan Atcrric Safetv and Licensing Acceal Scard
^
Atcmic Safety and Licensing Board Panel 881 West Outer M ve U.S. Nuclear Pegulatory Ccmrissicn Chk Ridge, Tennessee 37830 Washingten, D.C.
20555 Widstrative Judge Linda W. Iittle Atcrric Sdfety and licensing Board 5000 F.erritage Drive Paleigh, Ncrth Carolira 27612
Atcmic S:lety and Licensing Board Panel Ellyn R. Weiss, Esquim.
U.S. Nuclear Begulatory Cmmission Harmon & W *s Washingtcn, D.C.
20555 1725 Eye Street, M.W., Suite 506 Washington, D.C.
20006 Ibbert Mler Esquire Karin W. Carter, Esquire Steven C. Sholly u sistant Attorney General Union of Concerned Scientists Ctancnwealth of Pennsylvania 1346 0:n acticut Avenue, N.W. #1101 505 Executive House Washington, D.C.
20036 P. O. Bcx 2357 Harrisburg, PA 17120 Mrs. Gail Phelps MIGRY/IMI PIPC i
John A. Ievin, Esquire 1037 Maclay Street Assistant Ctunsel Harrisburg, Pennsylvania 17103 Pennsylvania Public Utility Ccmnission P. O. Box 3265 Mr. and Mrs. Norman latedt FArrinhurg, PA 17120 R.D. 5, Coatesville, PA 19320 Jordan D. Cunningham, Esquire Fox, Farr & Cunningham Icuise Bradford 2320 North Seccod Street
'IMI ALERP
. Harricharg, PA 17110 1011 Green Street Parricharg, PA 17102 William S. Jordan, III, Esquire Harmon & Weiss Clauncey Kepford 1725 Eye Street, N.W., Suite 506 Judith J. Johnsrud Washington, D.C.
20006 Envimmental Coalition on Nuclear Pcuer 433 Orlando Avenue l
State College, PA 16801 l
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