ML20094E579

Forwards Supplemental Info Re Interrogatories,Per Util 840727 Phone Call & .Related Correspondence

ML20094E579
Person / Time
Site:	Limerick
Issue date:	08/06/1984
From:	Mulligan M LIMERICK ECOLOGY ACTION, INC.
To:	Rader PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
Shared Package
ML20094E587	List: ML20094E579 ML20094E592
References
OL, NUDOCS 8408090258
Download: ML20094E579 (7)

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BOX 761 POTTSTOWN, PA.19464

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(215)326 9122

.In the Inatter of Philadelphia Electric Co.

1. 1. cgp Docket #50-352, Limerick Aug. 6, 1984 us Re LEA 's Responses to PECO Discoverv Recue_st (on acmittea o11-site emergency p2anning contentions) g,8...

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Dear Mr. Rader,

I believe your letter of August 1, 1984 mischaracterizes our telephone conversation of July 27, 1984.

When we spoke on the 24th., I asked you to identify your cpecific concerns so that I could carefully review LEA 's answers and provide any further clarification or information that you deemed necessary. You did not provide me with the detailed information

.you w2re seeking until our telephone conversation on July 27th.

. At that time, I stated that I would provide any answers that I could, but that I.would need an opportunity to look things over again.

I did not refuse to attempt to provide any of the information

! requested. I stated that I would get back to you.

On August 1, we all met in Philadelphia to discuss a joint

chedule proposal. At the end of the meeting, you handed me your August i letter, as we were'getting ready to leave.

At that time, I provided you with some of the information you requested (see attachment #1), although we did not discuss

.any details. I told you that I would call you on August 6th, to discuss the rest.

Although I will be calling you about this today, I a.m also cending a written copy to all parties to thic proceeding, with Ottachments.

I look forward to discussing this matter with you to resolve Gur mutual concerns.

Sincerely, Inllr m

Maureen Mulligan cc: Service list attached 8408090258 840806 PDR ADOCK 05000352

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Ini ha matter 6f Philadelphia ' b en - Co.

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fDocket$50-352, Limerick te

'In RS: IEA 'n' P riononsnr to PVCC Di~m ve-rv J on admitted off-siee : emergency :.lcr.ning contentions)

August 6, 1954

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Dear Mr.LRader,

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'lEAherebyprovidessupplementalinformationtgPhilaeNhkia

' Electric -Company; as requested by _ your phone call: of-July 27th. and your letter of Aug. 1, 1984-

' iGeneral Interrocatories:

. N1 and#2 e. LEA has not yet lined up specific witnesses on its conten-

, tions,J but would expect to present expert and factual P

testimony from applicable school personnel and those invol-

-ved-in and affected by the subl,ect matter contained in

-LEA's admitted contentions (see April 20, 1984 order)

Please note Your Answer to a similar question from LEA was that names, qualifications, subject matter, substance, and g,

grounds of testimony would be provided at a later date.

[In orderLto provide you with all information presently known-by IEA,

.I1present the following:

-LEA-11. 12.!15: jut the - present time,

I consider it very likely that we;would present school officials as witnesses from Owen J. Roberts, Phoenixville, Spring-Ford, and Methacton School Districts. Pottstown, Pottsgrove. Souderton, and Boyertown School-Districts-are also a possibility. It is presently J., ~

' unknown-by L'A whether or nc^, the j.rivate schools that are located within thon" ~~ 'm' 91<:icts are satisfied 1

~ with their plans. If there are nirnificat problems that

'are.not otherwise resolved by the time that litigation takes place, it is possible that these school officials might also appear as witnesses as well, W. hether or not any of the above would appear as witnesses p~

on. behalf of IEA will depend on whether or not they are satisfied with their plans at the. time litigation takes place.-

LEA-121 15 -It is :possible that individual teachers, bus' drivers, or

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-union representatives would be presented as witnesses. No arrangements have been made yet by LEA. (We have felt that 1

it was necessary to be sure that " training" took place

<first'in the hopes that people would better understand the Erole they are being asked to play in emergency response

planning for a? radiological emergency.)

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[IFA-13:DIt -is likely that we would present witnesses who are in charge of day care / pre-school centers and summer camps, unless they are satisfied'with planning for the children they are 1 responsible 1for. If this planning is neglected, additional

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' testimony may be contemplated to emphasize the inportance for

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pre-planned responses-fcr dealing with small children in spre-school- / day care centers and summer cambs in the event of La1 radiological emergency.-(We have had difficulty contacting some of.these people by telephone over the summer. )

- LEA-27:"Itlic possible that LEA 'would present school officials from Camp Hill-Village School (West Vincent. Twp. ) and/or Camp Hill

-Special. School (East Nantmeal Twp.) if they are not satisfied swith plans for their schools.

LEA-24/F0E-1: Mr. Anthony has indicated that he may.present witnesses

-as discussed in his amended arswers of July 23, 1984

'(See attachment //2 at the bottom) He has been away for the past week or so, making it impossible to discuss this matter with him in greater detail. He is expected back this week, sEis IEA has not yet determined whether or not it will present

. witnesses, but is!considering requesting park officials at EValley-Forge and Marsh Creek State Park to testify. In addition, local police and others familiar with, local traffic flow may

.be. presented.

--IZA-288.LEALmay present, witnesses from various gas station and

' towin~g service owners along evacuation. routes, as well as those responsible for snow removal at the municipal level.

The nced and availabili ty of the

m nr nny other witnesses has P

inot yet been determined.

' LEA will provids other informatien thn t ko--me; available to the

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~' applicant as requested by~Aug. 31.

General'Interrogatorv #3 The "RERP related documents and correspon-denca," which LEA has -relied' upon has been provided to LEA by g~

' Philadelphia Electric Company. Tha Applicant is fully aware

. of the ' contents of this correspondence s therefore LEA does not believe that it is obligated to provide a listing of Jthis material:to Philadelphia Electr c. Any of this oorres-

':pondence.may be used by LEA to document the current status of

- planning, depending on the subject matter ultimately litigated.

Furthermore,:it would~be burdenseme-for LEA to provide such a 7'

list at this time.-A similar request made by LEA LE has generally relied upon newsclippings as well to kee

' informed about discussions at School Board, County and mun ci-pal meetings. As. stated previously by LEA in Attachment #1, we would not rely upon such information as formal evidence V

in this proceeding without'consulating directly with those

~ involved. It is for this' reason that LEA did not previously provide Applicant with newsclippings from such meetings.-

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-3 We are conducting a thorough search to provide Applicant with all available information relating to LEA's admitted contentions. We will mail everything we have on Aug. 13th, and provide any su,ple-mental information that may be found through additional searching by the end of the month, as requested.

In addition, we did send out a very preliminary survey last June (1983) to determine who was responsible for workirfg on the develop-ment of municipal and school emergency response plans (for radio-logical emergencies), and to determine if public input was being

-incorporated in the planning process. This naterial is not anything

'that we intended to rely upon as evidence at this point, therefore it was not presented cariler however, in view of the nature of Philadelphia Electirc's concerns about the basis for LEA 's school

-contentions we will provide copies of all responses received in our

~ filing on August 13th. (Attachment #3 provides a response from

. Spring-Ford School District as an example)

. Fur'tharmore, LEA is conducting a thorough search of all materials that Mr. Elliott,' Ms. Zitzer, or other LEA members have knowledge of in-order to provide a supplemental response if any such information exists. We will do so as quickly as possible, and will file all available material by no later than Aug. 31, as requested. (sooner, i'f we can)-

Additional.information that has been made available to IEA since these answers were filed is provided as Attachment #4. We will provide Lany other materials or documents that we receive in relation to LEA's admitted contentions.

SPECIFIC INTERROGATORIZ3:

1(E): IEA will try to provide a more mcific response as requested s

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by Aug. 31, 1984 4.021: I will check with. members and others we can reach to provide a list by Aug. 31, as requested.

C f_:,'At the present time, you correctly state that we do not have any k

other figures.than those of Dr. Claypool.

.11 The Owen J. Rpberts School District surveys of school staff and bus drivers were taken annonomously (no names were required to be signed to questionnaires), hence LEA's need to try to survey-individ al teachers and bus drivers. We will try to' provide a

' list of names by Aug. 31, as requested, and will try to obtain all relevant information from the Owen J. Roberts Emergency Coordinator (Joe Clark). In reference to the above, those involved have_ requested an opportunity to consult.with their unions about

- ~ _.__,__the._ terms of their employment contract before authorizing LEAL to submit their names to ycu.

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!9.I7.25.27.39.45i IEA will:try to provide specifics as soon as l

possible.fand as requested.will do so no later than Aug. 31:

e ist LEA ?does.not

% [ Li JPElffcontempla% challenge the. acceptability of the dosimetry which tes for use.

he n n Iiwill. review the'. plans'and provide an answer to your concerns about predistribution as soon as possible. (by the filing we make ion the 13th. )

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1 & I?will specify our concerns about " training" as soon as possibler

'7 icertainly no later. than the Aug.31 filing.

H 38r (Same,asi#16 above)

+'20 r We :will provide any information by Aug. 31, and sooner if possible.

y agi LEA believes;that each bus "needs a driver and that a timely response i

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'is critical to the safety'of children. The time factor to find a ireplacement driver and/or bus. and-driver could vary depending on lhowyfar away theJbus.is coming from. In addition, prompt, efficient

-communications withithe county would impact upon the response time.

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• LEA?is concerned that some buses and drivers 'may' be coming from 4

las far as 20 miles (or.more) away, and needs an opportunity to

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Es whatcoptions :are available as back-up in order 1:o provide a more specific response to this interrogatory. We will try to provide an d' 'i ~

answer

regarding theLlevel.of non-performance by Aug. 31, as l requested.

E2.,311 We haveL agreed to - inform you of nr,y %he information. At the present' time, we would have ;to tr., r W ' 25 ic the ficure used by c

-.0 wen J. Roberts. We don't know / f of un position taken by other Eschools,'whichLmight influence our an:wer otherwise.

2Ef Mrh Anthony has been out of state for a week.or so, and I have

.not'been abletto reach him by telephone'. However, he has provided

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-some add (tionaliinformation, which is attached at Attachment #2.

28. 29. 30: I-was unable to. meet with Mr. Sholly this weekend as planned in order to prepare this response to your concerns.'I plan to meet twithlhim on'Aug. 12,.and will inform you as quickly as:pqssible Jthereafter of our answers to these questions.'We will have all-of

-his.wqrk~ completed by Aug. 31.

I stated 'that -IEA has requested-PEMA to provide the Penn-DOT traffic

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31-33:

analysis (LEA 's second Set of Interrogatories to PEMA, #1, #3. #5 ~ )

and am' uncertain at this time when we will have this information.

We' wouldr expect 'PEKA to provide this info to the Applicant and

all parties. (if Applicant doesn't have some of this ma,terial ala

-ready).

3M1 The-telephone inquiries referred to were received by IEA before

-Irwes'workin issue and were mentioned to me by Phyllis LZitzer, LEA 'g on this former representative in thispr oceeding. She has been

. contacted to provide the details of these general responses and s.

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.inqu rios~that took place ~in Feb. 1984. A supplemental answer will be provided by her to' clarify the meaning of the comnent, that these responses "were.used to help LEA deternine the extent of the Firemen's 4 V; involvement in the development of the RERP's, as well as their

-familiarity with the fact that they were listed in the RERP's".

-(bottomLofypage.containing response to question #34).

(331 In our; filing on Aug.13th., we will provide the other responses land all available notes.. These were the papers that I said I would have to-check.to be sure that I still had them. They will all be provided.

(361 I' will' provide a specific response as requested by Aug. 31.

1398,1 (Same as #36. )

(421 I will inform you of any information that is available in addition

<to my. previous written response by Aug.31, as requested.

Note: At the bottom of page 6 you'ask us to supplement our answers

. based on LEA's observations of the July 25th. drill. At the pre-sent. time, we would like to state for the record that we would not-expect this to impact contentions relating to schools, because they-were not involved in the drill.

C Furthermore, while we are preparing the surveys we have indicated that we plan.to send out, LEA is uncertain of the number of responses that will be ' received during August, while so.many people are on vacation.

' DUCUMENT PRODUCTION:

To the best of my enneledec, no " documents" or drafts of any information relating to '"A'n encegency plhnning contentions has been disenrded or dentroyed. I did state that

-I-would have to check to be sure that I could provide all of myLnotes when we discussed this matter on July 27th, and will be able to do so.this week. I will include this in our July 13 filing.

-Purthermore, IEA understood this request to apply only to c

" documents" relating to " admitted contentions": specifically IEA-11, LEA-12, IEA-13, IEA-14, LEA-15, liA-22, LEA-24/F,0E-1, IEA-26, IEA-27, IEA-28)

As requested, an additional search is being conducted to

' determine if there is any additional information that has not;

yet -been provided to you. LEA is perfectly willing to file tne requested affidavits to verify that a good faith effort has been

.made to Irovide all available materials to Philadelphia Electric, (and to verify that no documents have been withheld or destroyed /

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A !kullir.an's; notes for circusnior nury.o-e 7

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L(General)

1. 3 -In addition to the documerts and correspondence provided to 12A by

the Applicant, LEA has. extensive newsclippines, covering the monthly meetings of. school boards, municipal and county ""etings. This sort-of ' thing would not be used by LZA as evidence without more g

Edetails -frcn those elected officials / volunteers who would be in-yx volved-in carrying out or approving any energency response plan, hence IIA'did'not believe'that'it was necessary to provide this pressicoverage-(newsclippings) in response to this interrogatory.

' LEA could provide copies of this info in 2 weeks (sooner if possible).

'(Specific Interrogatories)

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LEA -will review the " school" section of the Risk County RFPP's and Lwill1 provide additional comments if neccFsary. (We just received NChester county Draft 8 last week). We will inform you on Aug. 6

when.this additional info can be provided.

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1. 19 LEA' will' obtain a copy of all information relating to Owen J. Ro-berts School District survey as soon as possible and will provide as soon as possible. The same is true for any other schools that ha've-co'nducted their own surveys. The difficulty we face is the fact that many of the people involved will be away on vacation part of the month of August,

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"#28-#33 LEA will-provide this information by the end of August -- sooner 7

-if-possible. We will be meeting with Mr. Sholly this weekend to L

determine these answers and to discuss hir review of the HMM study.

1. 34 Resources needed for. route al rtinc H 11 h"

revired due to the resultc of the drill. LEA "il?

• .n ;> d^termine this in the

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next-few-wooks -- otherwise, the

.o-t en the drill should provide more insicht to the etntur of :rneting these needs.

~ #35 calls 1 were also made to municipalities in chester and Berks co. --

but again, this info has changed' drastically since the drill. LEA will.probgbly survey.the Fire Chiefs involved to obtain the most

' accurate info available. Examples given were merely examples as of the date interrogatory answers were due.

LEA will; inform Applicant on Aug. 6 cf the dates and answers it can provide to Applicant's follow-up questions on interrogatories.'

Sincerely, MA Maureen Nulligan LEA Vice President-D-

Attachment #1

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