ML20086M846
| ML20086M846 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 02/10/1984 |
| From: | Weismantle J LONG ISLAND LIGHTING CO. |
| To: | |
| Shared Package | |
| ML20086M832 | List: |
| References | |
| NUDOCS 8402170118 | |
| Download: ML20086M846 (26) | |
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l-LILCO, February 13, 1984 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
) Docket No. SO-322-OL-3
) (Emergency Planning (Shoreham Nuclear Power Station, )
Proceeding)
Unit 1)
)
AFFIDAVIT OF JOHN A. WEISMANTLE IN SUPPORT OF LILCO'S MOTION FOR
SUMMARY
DISPOSITION OF CONTENTIONS 24.3 (LETTERS OF AGREEMENT WITH THE DEPARTMENT OF ENERGY AND THE RADIATION HEALTH COORDINATOR)
John A. Weismantle, duly sworn, deposes and says as fol-lows:
My name is John A. Weismantle.
I am employed by the Long Island Lighting Company as Manager of the Local Emergency Response Implementing Organization (LERIO).
As such I have responsibility for the offsite emergency plan for the Shoreham Station, known as the LILCO Transition Plan, and its imple-menting procedures, for updating the Plan and Procedures peri-odically, and for keeping them accurate and up-to-date.
The following statements are true:
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- 1. to this affidavit is a copy of LILCO's Letter of Agreement with the Department of Energy for perfor-mance'of' services required as part of the offsite response to an emergency at Shoreham.
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8402170118 840213 PDR ADOCK 05000322 U
.2-2.
The Letter of Agreement with the Department of En-ergy that is attached to this affidavit is included in Appendix B of the LILCO Transition Plan.
3.
The Letter of Agreement with the Department of En-ergy, Brookhaven Area Office provides that DOE-RAF will provide radiological assistance in an emergency.
- 4. to this affidavit is a copy of Impell Corporation's proposal for the performance of services required as part of the offsite response to an emergency at Shoreham, and LILCO's purchase order a,cepting that proposal.
5.
The agreement with Impell embodied in the documents attached to this affidavit will be included in future revisions of Appendix B of the LILCO Transition Plan.
6.
The agreement with Impell provides that Impell em-ployees will fill the LERO position of " Radiation Health Coordinator."
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fin A. Meisfhidtle Subscribed and sworn to before me this /4 day of 1984.
V My commission expires: M ##> '9 Notary PubMc ELAINE D. RO8INSNI NOTARY PUBLIC, State of New M No.4624070 Quakfied in Suftolk County, f Term Expues Alasch 411.[,7 L
m Department of Energy Brookhaven Area Office U.pton, New York 11973 August 10, 1983 Mr. Charles A. Tieverio Supervisor Emergency Planning
& Regulatory Services Nuclear Operations Support Dept.
LILCO 175 East Old Country Road Hicksville, NY 11801 SUEJECT: RADIOLOGICAL ASSISTANCE Since your nuclear facility is located in Region I, the Brookhaveg, Area Office is charged with the responsibility for providing radiological assistance in the event of an emergency. Such assistance can be requested at all times by calling 516-282-2200 and asking for radiological assis-tance, indicating the nature of the incident, the location, and how to contact authorities to coordinate our response.
I The Department of Energy (DOE)' will respond to requests for radio-logical assistance from licensees Federal, State, and local agencies, private organizations, or individuals involved in or cognizant of an incident believed to involve source, by-product, or special nuclear materials as defined by the Atomic Energy Act of 1954, as amended, or other ionizing radiation sources.
Unless the DOE or a DOE contractor is responsible for the activity, ionizing radiation source, or radioactive material involved in an inci-i dent, DOE radiological assistance will be limited to advice and emergency i
action essential for the control of the immediate hazards to health and safety. Radiological emergency assistance will be terminated as soon as the emergency situation is under control. Therefore, responsibility for post-incident recovery, including further action for the protection of individuals and the public health and' safety, should be assumed by the l
appropriate responsible yederal, State or local government, or private 1
authority as soon as the emergency conditions are stabilized. _
If you have any further questions or desire further information, feel free to contact me.
Since ely,.
sed David Sc!nteller i
-- rh Area Manager cc:
L. J. Deal L. Cohen REY.-2 APP-B-1
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Attachaent 2 L%PELL"Y covowxw cc:
P. Jacobs J. Moran W. Kerekes J. Diurno September 21, 1983 D. Trout 8/P No. 63-81 R. Watts G. Krieger Long Island Lighting Corgany P. Smalley 175 East Old Country Road D. Behr Hicksville, New York 11801 S. Mots M. Beveridge Attention:
Mr. Vito Elefante aPSDJile Manager - Purchasing Department jft rf
Subject:
Proposal - Emergency Preparedness Staff Support
Reference:
IMPELL/LILCO Meeting of September 6,1983 Gentlemen:
Pursuant to the referenced meeting, Impe11 Corporation is pleased to submit a proposal to provide personnel for the position of Radiological Health Coordinator for the Local Emergency Response i
Organization.
It is our understanding that this individual would be required to respond in the elvent of an accident at the Shoreham i
Nuclear Power Station and would, in turn Operations Center in Brentwood, New York,to help coordinatereport to the Emergency Radiological Health rel,a,ted activities.
i In order to ensure that a qualified individual is availabic on a 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> basis, Impell proposes to provide a pri' nary and four alternates for this position.
Impell would ensure that one of these individuals would be maintained in a " ready status" at all times and that they would be made available for periodic training, as well, Health Coordinator.would be designated as the primary Radiological The four alternates for this position would be Resumes of these individuals are attached.
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Impe11 proposes to provide the services previously described on a tirae and materials basis in accordance with the terms and conditions of our Agreement for Engineering Consulting Services, ED81.LO LILCO (attached).
It is reconenended that a budget of be i
established to cover the cost of these services (emergency activation, drills, training, etc.). Please note that this budget will be used only in the event that labor or direct costs are incurred.
No fee or retainer for these services will be required.
225 BROAD HOLLOW ROAD
- MELVILLE. NEW YORK 18747
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- s September 21, 1983 Long Island Lighting Company B/P No. 63-81 Current' hourly billing rates for these individuals are as follows:
Impe11 appreciates the opportunity to submit a proposal for this most important effort. Should you have any questions or comments, please do not hesitate to contact me at (516) 420-3255.
Very truly yours, William A. Kerekes Section Manager Power Services Division Enclosures - as stated cc: Mr. G. Moeller Mr. C. Daverio e
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Q EDS NUCLEAR O EDS ASSOCIATES O KFAE ONSA BUDGET CHANGE REQUEST / PROPOSAL REQUISITION FORM B/P NO. _n3-Al CLIENT I 11 rf) __
DATE Q/4/R1.
TITLE IFRS _ Dad /Moalth rnnedinatnr _
O BUDGET CHANGE REQUEST ON JOB NO.
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O SOLD PARTIAL / MARKET REMAINDER-JOB NO AMT SOLD $
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TYPE OF COMPENSATION: E SALARY MUL71 PLIER O FlxED RATE D LUMP SUM 2.99 0
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G EOS AGREEMENT FOR CONSULTING ENGINEERING SERVICES NO./ DATED ED81.LO LILCO P
O CLIENT CONTRACT /P.O. NO E
O STANDARD CONTRACT FORMS INCLUDED-SCHEDULE CODE N
S O AGREEMENT FOR CONSULTING ENGINEERING SERVICES A
O COMPENSATION SCHEDULE FOR CONSULTING ENGINEERING SERVICES T
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EDUCATION B.S., Physics, New York Institute of 4
Technology,1971 N.S., Radiation Biophysics, University of Kansas,1976 EXPERIENCE is a Lead Senior Engineer with extensive experience in the Health Physics field. With Impe11 Corporation, has perfonned in a number of disciplines. In emergency planning, he developed a nimber of radiological sections to emergency plan scenarios for clients in the Northeast Region and has
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perfonned as a Controller during an NRC/ FEMA i
Emergency Preparedness exercise. As a Health Physicist at a national laboratory.
emergency responsibilities included: developing emergency radiation exposure guidelines and served as a team captain of the DOE Region I Radiological Response Team, which responded to radiological emer11encies. He also assisted in the development of the ' aboratory's revised post-TMI Emergency Plan.
In the training area, was a member of the project staff for the development of Health Physics and Chemistry Technician lesson plans for a major PWR in the Northeast Region. He trained supervisory personnel in health physics as a part of the laboratory ALARA philosophy implementation; was Principal Health Physicist in the training of Laboratory Emergency Forces ; Police and Fire Groups) in emergency response training; instructed reactor operators in fundamentals of radiation protection as part of annual retraining program, and performed general orientation progra.ns fe-new employees, was responsible for performing an AL, ARA review of the Waste Management activities of a Northeast Region PWR.
He conducted studies on radiation worker populations for ALARA philosophy and designed :.nd developed an on-line computerlzed dosimetry data base for use at a large proton synchrotron. He also developed a Radiation Protection Plan (NUREG 0761) for a 60 MW research reactor.
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I PAGE TWO 1
EXPERIENCE has additional experience in the (continued) measurement techniques of radioactive gaseous effluents to the environment. He designed a computerized method to produce the Sami-Annual Effluent Report for a major northeast utility. He developed environmental dostmeters and calculational models for determining off-site doses due to a 1MI-type accident.
Irt addition, he has calculated doses to critical equipment as part of a post-LOCA equipment qualification program using QADM00-G computer code.
He has also performed shfe' ding analysis for an Interim Onsite Storage facility and is familiar with X0QD0Q, GASPAR, and LADTAPII computer codes.
Prior to his work at a national laboratory.
- was employed as a Health Physics Supervisor for the Health P Dfagnosties Inc.hsics Services Section at Searle In thfs capactty responsible for quality assurance a. >
vas nd the technical nerformance of all commercial dostmetry services.
4e also developed new types of personnel dcsimeters, as well as mathematical protocol for exposure determinations for both ffin and TLD dostmetry systems.
PROFESSIONAL AFFILIATIONS Health Phsics Society Greater N.Y. Chapter of Health Phsics Society Amer 1can Nuclear Society Long Island Chapter of American Nuclear Society Sigma Pi Sigma, Honor Society of Student Physics Society s
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PAGE Three PRESENTATIONS
" Relative Determination of W-values for AND PUBLICATIONS Alpha Particles in Tissue-Equivalent and Other Gases," Physics in Medicine and Biology,1979, Vol.
24.
"Use of a Computerized Data Base to Implement ALARA at a large National Accelerator." Paper presented at 25,th Annual Meeting of the Health Physics Society, Seattle, Wash.,1980.
"The ALARA Program at the AGS" Paper presented at 15th Midyear meeting of the Health Physics Society.
Orlando, Florida,1982.
" Comparison of ICRP-30 and ICRP-2 Dose Factors in Determining Radiation Exposure from Liquid and Gaseous Effluents." Paper presented at 27th Annual Meeting of the Health Physics Society, Las Vegas, Nevada,1982.
" Computerization of Semi-Annual Radioactive Effluent Reporting Requirements." Paper accepted for presentation at the Annual Meeting of the Health Physics Society, Baltimore, Maryland,1983.
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EDUCATION B.S. in Physics - 1972 Cooper Union, New York City M.S. in Nuclear Engineering - 1975 Pennsylvania State University University Park, Pennsylvania
'l is a Lead Senior Engineer in the Power EXPERIENCE Services Division with extensive experience and i
knowledge in power and research reactor reactor operations, and mechanical equipment maintenance.
is presently involved in a Control Room Design Review for a PWR. On this project has conducted Operator Interviews at the plant, prepared a detailed control room inventory listing and conducted an operating experience review.
He has also performed accident drill scenario development, Difsite Dose Calculation Manual development, and the equipment qualification of electrical components.
Prior to joining Impe11 Corporation, was involved for five years in reactor operations, Project Engineering, and reactor instrumentation for two operating research reactors at Brookhaven National Laboraton. His specific responsibilities included, Project Engineer for the completion of the 60 MW Conversion Project at the High Flux Beam Reactor, Reactor Operator Supervisor Trainee at the HFBR, Chairman of the Ad Hoc Safety Review Committee for the Brookhaven Medical Research Reactor - 1980, Lead Auditor for Quality Assurance Group Reettor Division, Project, Engineer for the installation of the Cold Neutron Experimental Facility at the HF8R.
i as well as Representative to the Nuclear Power Engineering Committee of the IEEE. As Lead Auditor -
O. A., he performed full reviews of the Reactor,
Mechanical Maintenance Group, Reactor Water Chemistry Group, Spscialty Materials & Gases Procurement for Reactor usage, the Post Mortem of ' Mechanical Failure of the Major Water Storage Tank.
Prior to the above experience, was associated for four years with various A/E's as a nuclear systems engineer on assorted PWR and BWR j
plants.
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PAGE TWO PROFESSIONAL American Nuclear Society AFFILIATIONS Health Physics Society Institute of Electrical & Electronic Engineers l
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i EDUCATION State University College of Oswego Oswego, New York Pursuit of Liberal Arts Degree Westchester Community. College Yahalla, New York EXPERIENCE is a Lead Senior Engineer in the Radiological Services Section with extensive experience and knowledge in power reacter health physics, chemistry, and radwaste systems operations and emergency planning.
Since joining Impe11 Corporation, '
. has been involved in developing onsite and corporate emergency plans and implementing procedures, preparing and conducting onsite and offsite emergency preparedness training, formulating computerized atmospheric plume dispersion models, developing radiological emergency plan drill scenarios, conducting emergency plan training exercises, instructing emergency plan drill controllers /
observers and performing as the Emergency Operations Facility Controller.
Prior to the above tasks, was involved in coordinating an extensive ALARA review of as-built equipment and facilities for a nearly completed BWR, testimony support for ASLB license hearings, review and audit of a major northeast utility's environmental monttoring program, developfng conorate ALARA procedures in accordance with USNRC Regulatory Guides 8.8 and 8.10, developing a state-of the-art, task oriented chemistry and health physics Technician Training Pmgram. This PWR training program is designed to meet NUREG 0761 and INP0 l
guidelines.
In addition,
, has participated in the development of..an ALARA Program and associated procedures for a major pressurized water power reactor.
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PAGE TWO i
EXPERIENCE For approximately eight (8) years prior to joining (continued)
Impell Ccrporation, was involved in applied activities in support of three operating nuclear power plants.
As Senior Radiological s'nd Environmental Technician at the James A. Fitzpatrick Nuclear Power Plant (JAFNPP),
' acted in the capacity of foreman responsible for development of health physics and chemistry procedures, supervision and performance.
of plant chemistry and radiochemistry analyses, development of off-site release reports, and supervision of Health Physics activities of approximately 35 technicians during plant outages.
As a Radiation Protection Technician at JAFNPP, responsibilities included: health physics coverage; radwaste chemistry and support; reactor coolant chemistry and radiocheciistry; solid waste shipments; and survey instrument and plant process monitoring equipment calibrations.
As a nuclear plant operator at JAFNPP,........
.ee responsibilities and education included: radwaste systems startup and acceptance; radwaste operations; turbine and auxiliary systems startup and operation; nuclear operator training school; reactor reactivity manipulation and criticalities; and procedure review and acceptance.
At Nine Mile Point Nuclear Power Plant, was assioned as a Nuclear Plant Operator with responsibilities including: radwaste systems j
operation and processing; turbine and reactor I
auxiliary equipment operations; NRC Reactor Operator Licensing School; Reactor Operator Requalification School; reactor reactivity manipulation; reactor criticalities; turbine startups; plant power transitions; refueling and LPRM replacements. '
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EXPERIENCE Prior to Nine Mile Point, was assigned (continued) as a Nuclear Plant Operator at Indian Point I Nuclear Plant with responsibilities including: water treatment operation and chemistry; high pressure boiler operation and chemistry; primary and secondary plant operation; and gas turbine generator operation.
4 While in the U.S. Ansy, participated in the nuclear weapons program. His experience included reliability, accountability, security and health control.
PROFESSIONAL Plenary Member, Health Physics Society AFFILIATIONS REGISTRATIONS Registered Radiation Protection Technologist.
AND LICENSES National Registry of Radiation Technologists "An Approach to a Pre-Operational ALARA Review PRESENTATIONS AND PUBLICATIONS of a Nuclear Power Station." Paper accepted for presentation at the 28th Annual Meeting of the Health Physics Society, Baltimore, Maryland,1983.
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EDUCATION B.S. in Physics - 1973 Albright College, Reading, Pennsylvania Boiling Water Reacter Technology General Electric Cogany - 1976 Boiling Water Reactor Radiological Engineering General Electric Company, Pleasanton, California -
1977 Radiological Maintenance United Nuclear Industries, Inc.
Hanford, Washington - 1978 Internal Dcsimetry, Lowell University - 1981 EXPERIENCE is the Manager of the Radiological Services Section with responsibility for enhancing the region's capabilities in all radiological areas, including Health Physics /ALARA, dose assessment, environmental monitoring, radwaste system upgrades, o
and low-level waste storage.
has over nine years applied experience in the Power Reactor Health Physics field, including utility and engineering consulting experience.
With Impe11 Corporation, has been involved in various Health Physics and Radweste projects in the capacity of project manager, project engineer, and task leader.
Currently, is project engineer for development of an 0ff-Site Dose Calculation Manual for a Northeast Region PWR. For this same utility, was involved in developing atmospheric dispersion modgls for use in emergency planning dose assessments.
i Prior to this, was involved in [Radwaste Volume Reduction evaluation.
In this project "
was the task leader for a radwaste systems ALARA review, which included a cost-benefit evaluation of man-rem exposures associated with radwaste operational and maintenance activities.
EXPERIENCE Some of previous accomplishments with (continued)
Impe11 Corporation include the following:
was responsible for developing and implementing a Health Physics Technician Fundamental Training Course for a major Northeast Region BWR. This program consisted of developing the training' materials and conducting the course at the utility s power reactor site.
Prior to this, was responsible for development of task-oriented Health Physics, chemistry, Contractor, and Support Technician t
Training Programs for a major Northeast Region operating PWR. This state of the Art program was developed to meet NUREG-0761 and INPO guidelines, and included lesson plans, visual aids and practical factors tailored to the technician's responsibilities In addition, with Impe11 Corporation, has been involved in numerous Health Physics and Rad Waste projects including; development of an ALARA
<, program and procedures for two' separate w:: stern region PWRs, developing ALARA system field and design review guidelines for use in reviewing operating and construction stage nuclear plant system configurations and design bases,' reviewing plant's radiological environmental monitoring program and providing conruiting assistance with numerous shielding and dose calculation evaluations.
For approximately seven years prior to joining Impe11 i
Corporation,
. was involved in professional Health Physics activities at twc nuclear power plants, both operating and under construction.
As acting Health Physics Supervisor at Susquehanna Steam Electric Station (a two unit boiling waten reactor under ccnstruction),
supervised 15 personnel in developing a health physics program and related procedures to meet FSAR committments and regulatory requirements. As supervisor, was responsible for implementing required training programs, developing equipment and manpower budgets, assisting in Emergency Plan development, and developing ALARA, respiratory protection and Dosimetry programs and procedures.
i PAGE TIREE EXPERIENCE In addition, aad responsibility for the (continued) operating plant volume reduction program, including handling and shipping of radwaste, administrative controls, and training programs.
also served as a member of the Corporate ALARA Review Committee. As Health Physics Engineer at Susquehanna, ~
was primarily responsible for implementing the station ALARA and exposure evaluation programs and implementing an extensive cocstructon stage ALARA design and field system and component review.
Prior to Susquehanna, nas employed as Assistant Engineer at 'hree Mile Island Uaf t I.
In this capacity acted as Health Phystes Foreman; super, vising uchnicians and assisting with health phsics evaluations and radwaste support activittei through start-up, initial refueling, and nu6erous maintenance outages.
PROFESSIONAL
.* Health Phsics Society AFFILIATIONS Delaware Valley Society for Radiation Safety American Nuclear Society
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AGREEMENT FOR CONSULTING ENGINEERING SERVICES THIS AGREEMENT, made as of the_
19th day of January 1931, by and between Long Island Lighting Company
(" Client"), and EDS NUCLEAR ENGINEERS INC. OF NEW YORK (" Consultant").
WITNESSETH:
WHEREAS, Client desires Consultant to perform certain professional engineer-lag services as hereinafter described, and Consultant desires to do so. for the compen-sation and in accordance with the terms and conditions set forth herein:
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
ARTICLE I SERVICES TO BE PERFORMED Consultant shall perform for Client the professional ergineering services de-scribed in the attached Compensation Schedule for Consulting Engineering Services and any other addenda attached hereto during the period and in the manner. described in that Schedule. Consultant shall be an independent contractor, and not an agent of Client, in performing these services and shall accordingly have sole discretion with respect to scheduling, staffing and all other matters incidental to Consultant's performance of these services. His Agreement shall not be deemed to be an agreement for the sale of goods. Any documentary report or other tangible item furnished under this Agree-ment will be furnished solely to communicate information relating to the professional engineering services to be performed under this Agreement.
ARTICLE !!
COMPENSATION 2
Tor satisfactory performance of the services described in the attached Compen-sation Schedule for Consulting Engineering Services and any other addenda attached hereto, Citent shall pay Consultant the, compensation provided for in that Schedule.
His cornpensation shall be billed to Client at calendar monthly intervals and shall be due and payable within 30 days following receipt thereof, subject to Client's right to contest in good faith all or any part of the charges set forth therein. Billings shall be prepared in such form and supported by such documents as Client may reasonably require.
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[RT1CLE 111 TERMINATION
'Ihis Agreement may be terminated at any time by either party by 30 days wNtten notice to the other party. In the event of termination by Consultant, any assignment which has been accepted by Consultant will be completed if desired by i
i Client. In the event of termination by Client, the work shall be discontinued as provided in the termination instruction, and Client shall pay as provided herein for all work done in accordance with the termination instmetton.
ARTICLE IV NONDISCLOSURE Provided that such information is specifically designated by Client in writing as confidential or proprietary in nature at the time of disclosure or access, Consult-sat agrees not to divulge to third parties, without written consent from Client, any information obtained from or through Client in connection with the performance of this Agreement unless the information is (a) in the public domain at the time of dis-closure by Consultant; (b) known to Consultant prior to obtaining the same (rom Client; or (c) obtained by Consultant from a third party who did not receive the came, directly i
or indirectly, from Client under a confidentiality obilgation,to Client.
4 Client understands that special techniques in the arts and sciences, developed or accumulated by Consultant at its own time and expense, will be employed to benefit Client under this Agreement and agrees such speelal techniques are proprietary to Consultant and shall not, be disclosed to any third party &ar;ng or subsequent to the term of this Agreement without Consultant's prior written consant, unless such spe-cial techniques fall within one of the categories described in (a), (b) or (c) above.
ARTICLE V NON-NUCLEAR INSURANCE A.
Insurane.e Provided by Consultant At all times hereunder, Consultant will provide and maintain the following In-aurance er equivalent acceptable self-insurance:
1.
workers' compensation insurance with coverage in accordance with the statutory requirenients of the state where the work is to be performed; 2.
employer's liabil!sy insurance with a minimum Ilmit of $500,000.00 for each accident or occupational disease; i
ED81. Ih-LILCO t
l comprehensive bodily injury liability insurance, including coverage 3.for contiactualliability, personal injury and owned, hired and non-owned automobiles, with mirdmum limits of $500,000.00 per occurrence,
$500.000.60 aggregate; comprehensive property damage liability insurance, including cover-4.
age for owned, hired and non-owned automobiles, with minimum limits of
$500,000.00 per occurrence and $500,000.00 aggregate; 5.
excess limits coverage in addition to the insurance provided in Para-graphs 2, 3 and 4 hereof with limits of $4,000,000.00 each occurrence,
$4,000,000.00 aggregate combined single limits bodily injury and property damage liability.
Consultant chall, with respect to the services performed under this Agreement, Aarnish Client certificates of its insurance coverage for any of the foregoing risks.
Consultant will cause Client to be named as an additional insured tmder its property damage and bodily injury liability coverage, as respects any operations of Consultant performed in conjunction with personnel of Client.
B.
Insurance Provided by Client Where services performed pr to be performed hereunder are in connection with any construction activities, Client win provide and maintain "AH Risk" Builders Risk Insurance or the equivalent thereof, providing protection against physical loss or damage at the site to au property and equipmentlocated thereat with Consultant named as an additional insured. To the extent available, such insurance win be for the tu1111mits of the project value then at risk. Any deductible will be for the account of Client.
AR'ITCLE VI NUCLEAR INSURANCE AND INDEMNIFICATION Client wiH. without cost to Consultant:
(a) enter into an agreement of indemnification (" Government Indemnity Agree-ment") contemplated by Sabsection 170(c) of the Atomic Energy Act of 1954, as amended
("the Act") for the benefit of Client and for the benefit of Consultant; (b) obtain and maintain liability insurance covering on-site and off-site bodily injury and off-site property dantage from the American Nuclear Insurers or the Mutual Atomic Energy Lbbility Underwriters, or equivalet insurance, in such amoun't and in such form as shah meet the financial protection requirements pursuant to Sabsection 170(b) of the Act (" private insurance")..
ED81. LO-LtLCO.
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He private insurance and Government indemnity Agreerrent mentioned above shall be maintained in effect (1) In the case of a construction p.-oject fropt the day nu-clear het is first shipped to the project site and (!!) in the, case of an existing facility, from the date Consultant begins the performance of services hereunder, and shall be continued in effect for such period as may be necessary to cover liability arising out of or resulting from the work of Consultant. If either the private Insurance or Govern-ment Indemnity Agreement mentioned above are cancelled or modified so as to expose i
Consultas.t to increased risk of liability, or in the event that the nuclear liability pro-taction by the Act is repealed, or expires, Client will, without cost to Consultant, secure such liability protection by insurance, indemnity or limitation of liability, private or governmental, so as to assure to Consultant no material impairment of its liability protection formerly available under the Act; (c) obtain and maintain in force at no cost to Consultant property insurance in the maximum amount ava11 ante in the form of a policy from the American Nuclear Insurers and/or the Mutual' Atomic Energy Re-Insurance Pool, or equivalent Insurance including all options for extension of coverage, covering all property at the site. Said property insurance shan be maintained in effect from the time nuclear fuel first arrives at the site until an of Consultant's obligations under, or as a consequence of, this Agree-ment shan have been fully discharged or terminated. To the extent available, the Ilmit of insurance will be the ccmpleted value of the project. Any deductible will be for the amount of Client.
Upon request therefor by Consultant, Client shan provide Consultant with a copy of any such insurance policies.
4 ARTICLE VII LIMITA'ITON OF LIABILITY AND HOLD HARMLESS
%e total cumulative liability of Consultant, its affiliates and their respective directors, officard, employess and agents (referred to conectively as " Consultant" in this Article) to Client with respect to services performed or to be performed pur-suant to this Agreement, whether in contract, indemnity, contribution, tort (including neg!!gence, whether active, passive or any other kind), or otherwise, shall not exceed 100% of gross compensation received by Consultant under this Agreement, or $100,000.00, whichever is less. Sach liability shan be krther limited in the fonowing respects:
(a)
Client waives and win require its insurers to waive all rights of recovery against Consultant for physical damage to or loss or destruction of any property at Sach dam-Client's plant site, whether from nuclear damage or from any other cause.
age, loss or destruction includes but is not limited to any loss, damage.or loss of use, which in whole or in part is caused by the hazar11ous properties of " source ma.terial",
"special nuclear material" or "by-product material", as those terms are defined in the Act, and au costs of decontamination;
' ED81. LO-LILCO a
o (b) in no event shall Consultant be liabic to Client for special, consequential or penallosses or damages (including but not limited to losses, damages or claims related to the unavailability of the nuclear power plant, shutdowns or service interrup-tior.s. loss of use, profits or revenue, inventory or use charges or cost of capital or claims or Client't iustomers);
~(c) in no event shall Consultant be liable to Client for losses, damages, or claims which are either (1) discovered by Client more than two years from the com-pletion of the portion of the scope of services which are involved, or (2) as to which Client falls to give notice to Consultant as hereinafter provided, within a reasonable time', nct to exceed thirty (30) calendar days, from the discovery thereof.
In the event of the negligent performance of services by Consultant pursuant to this Agreement and with respect to which Client gives notice thereof within the time specified in subparagraph (c) above, Consultant will proceed expeditiously to modify or correct the professional engineering services negligently performed.
De expense of doing so shall be counted toward the total cumulative liability of Consultant to Client described above.
ARTICLE VITT SURVIVAL We provisions of Article IV, " Nondisclosure", Article VT, " Nuclear Insurance and Indemnification" and Article VII, " Limitation of Liability and Hold Harmless" shall survive the termination or cancenation of this Agreement, or the completion of services performed hereunder, and shall apply to the full extent permitted by law.
ca ARTICLE IX SEVERABILITY If av term of this Agreement is held to be unenforceable, no other term of this Agreement shall be affected by that holding, and the remainder of the Agreement shall be~ Interpreted as if it did not contain the unenforceable term.
ARTICLE X NO'I1CES l
All communications relating to the day-to-day services to be performed pursuant to the Agreement shan be delivered to the respective representatives of Client and Co : ~
sultant who win be designated by the parties promptly upon commencement of the services.
All other notices and communications required or permitted hereunder shall be delivered personally to the respective representatives of Client and Consultant set forth below, or shall be mailed by certified mail, postage prepaid and shall be effective upon receipt.
Until changed by written notice, au such notices and communMations shall be addr'ssed e
as fonows:
ED81.14-LILCO *
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If to Client:
Long Island Lighting Company Att3ntion:
Title:
If to Co6sultant:
EDS Nuclear Engineers Inc. of New York 445 Broad Hollow Road Melville, New York 11747 Attention:
Mr. P. R. Jacobs
Title:
Regional Manager ARTICLE XI MISCELLANEOUS Dis Agreement, including the Compensation Schedule for Consulting Engineer-ing Services and any other addenda attached hereto, constitutes the entire Agreement between the parties for the services to be provided hereunder, and supersedes all prior representations and agreements, whether written or oral, between the parties as to such services. No waiver, alteration, consent or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representa-tive of the party to be bound. His Agreement may be executed in several counterparts, each of which shall be deemed to be an original, but which together shall constitute one and the same instrument. De failure of either party to enforce strict performance of any of the terms of this Agreement or to exercise any rights herein conferred shall not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon any such terms or rights on any future occasion.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed try their duly authorized representatives, as of the date hereabove first written.
EDS NUCLEA NGINEERS INC. OF NEW YORK (" Consultant")
4 ~-l4 By A4 s Joseph'A. Marubbio Senior Vice President
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LONG ISLAND LIGHTING COMPANY ("C11ent")
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19-44430-141 OOO 741 265 S-04908 12/6/83 367692 PJt3 T E Repl e plLE NQ, 014 808 Q ue m e.'vs C]nico^vs NP '*
IMPELi. CORP 510 & 634 225 BR0aD HOLLOW RD evvaa ELVILLE NY 11747
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DELiveny stoon s saie.mo.no...a vs=oca s owo.s me,ame=cs 70 74 ftmus as,o" CONDITIONC PAN,EQ B/P No. 63-81 9/21/83 E'*.U.Y.
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LONG ISLAND LIGHetNG COMPANY AT
- MARK: 367692 100 E. OLD COLNTRY RD. - HICKSVILLE NY 11801
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ATTN: J. A. WE ISMNTLE
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THIS PURCHASE ORDER IS ISSLED TO COVER THE COSTS ASSOCIATED WITH SECURING A TECHNICAL CONSULTANT TO FUNCTICN AS A RADIOLOGICAL HEALTH COORDINATOR FOR THE LOCAL EERGENCY RESPONSE ORGANIZATION IN ACCORDANCE WITH IMPELL CORP.' S PROPOSAL 63-81 DATED 9/21/83.
RADIOLOGICAL HEALTH COORDINATOR SILLING RATES:
PRIMARY -
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O CONTRACTED PROJECTS MONft4W REPORT FORM PREPARED S NOT REoutRED DD www,D* O insumAncE oiv-367692 coa.Guk110aVT1-O PROPERTY RECORDS
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PURCHASE ORDER
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PERIOD:
NOVEMBER 1,1983 THROUGH NOVEHBER 1,1984 REPORTING LOCATION:
EMERGENCY OPERATIONS CENTER BRENTWOOD, NEW Y,0RK IT IS WDERST000 THAT 05 ')F THE ABOVE INDIVIDUALS IS REQUIRED 10 RESPOND IN THE EVENT OF AN ACCIDENT AT THE SHOREHAM NUCLEAR POWER STATION. ADDITIONALLY, ONE INDIVIDUAL WILL BE AVAILABLE TO PARTICIPATE IN PERIODIC TRAINING EXERCISES.
IMPELL WILL PICVIDE THE SERVICES AS DESCRIBED ON THEIR PROPOSAL (63-819/21/83) IN ACCORD-ANCE WITH THE TERMS AND CONQITIONS OF THE "AGREEENT FOR ENGINEERING CONSULTING SERVICE 5",
ED81.LO-LILCO.
FAILURE TO' INVOICE' IN ACCORDANCE WITH RATES (aND OTHER ASSOCIATED CHARGES) AS SHOWN IN THIS PURCHASE ORDER WILL RESULT IN DELAY OF PAYMENT WITHOUT INCURRING ANY PENALTY CHARGES TO LILCO.
TOTAL ESTIMTED COST OF THIS PURCMSE OR[ER IS NOT EXPECTED TO EXCEED.,..... 3 CONFIRMING ORDER'- DO NOT DUPLICATE ACCTS. ' PAYABLE DIV.
PLEASE FORWARD ALL INVOICES TO MR. J. A.
WEIS$NTLE, LERO HICKSVILLE, FOR APPROVAL PRIOR TO PASSING FOR PAYMENT.
RECEIVING AUTHORITY - J. A. WEISMNTLE LSCATION - HICKSVILLE TOTAL' AUTHORIZED VALLE OF THIS PURCHASE 0RDER SHEET 2 OF ;
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