ML20101K868

Motion Requesting ASLB to Issue Subpoenas to Limerick Ecology Action Commanding Testimony from a Newman,J Brown, M Churchill & a Sprague on Offsite Emergency Planning Matters.Related Correspondence

ML20101K868
Person / Time
Site:	Limerick
Issue date:	12/28/1984
From:	Zitzer P LIMERICK ECOLOGY ACTION, INC.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20101K828	List: ML20101K826 ML20101K868
References
OL, NUDOCS 8501020065
Download: ML20101K868 (7)

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UNITED STATES OF AMERICA RCdd ,"' ,.. M 2dk '

NUCLEAR REGULATORY COMMISSION BEFORE THE DT-SJfP

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ATOMIC SAFETY AND LICENSING BOARD In the Matter of PHILADELPHIA ELECTRIC COMPAMY (Limerick Generating Station Docket Nos. 50-352 50-353 MP' ' 9' Z3EF OL OCS@CC '

Units 1 and 2) Dec. 28, 1984 ,

MOTION ON BEHALF 0F LIMERICK ECOLOGY ACTION REQUESTING THE ATOMIC SAFETY AND LICENSING BOARD TO ISSUE SUBP0ENAS TO LIMERICK ECOLOGY ACTION COMMANDING TESTIMONY FROM ANTHONY NEWMAN, JIM BROWN, MICHAEL CHURCHILL, AND ALICE SPRAGUE ON -

0FF-SITE EMERGENCY PLANNING MATTERS IN THE AB0VE CAPTIONED PROCEEDING AS FURTHER DETAILED BELOW:

Pursuant to 10 CFR j2.720, Limerick Ecology Action hereby

• respectfully requests the Atomic Safety and Licensing Board to issue a subpoena commanding testimony from each of the following:

Anth6ny Newman Michael Churchill Pa. State Education Association Emergency Coordinator 400 North Third Street Charlestown Play House, Inc.

Harrisburg, Pa. 17105 RD#2, Phoenixville Pa. 19460 Jim Brown, Chairperson Methacton School District Alice Sprague, Director Emergency Evacuation Committee Little People Day Care Arrowhead School School of Pottstown, Inc.

Level Road, RD#1 1561 Medical Drive Collegeville, Pa. 19426 Pottstown, Pa. 19464 The above named individuals are requested to appear at the Old Federal Bullding, 9th. and Market Streets in Philadelphia, Pennsylvania at 9:00 a.m. on January 4th., 1985 to give testi-mony on the subject matters as follows in LEA's offering of proof:

ANTHONY NEWMAN Pre-filed testimony from Mr. Donald Horabito, the Southeastern Regional Regional Field Director of the Pa. State Education Association contained information from Mr. Anthony Newman, PSEA's general counsel, which was stricken from the record. Applicant argued that this:.information was " inadmissible hearsay" and that Mr. Newman was not available for cross-examination as to his 0501020065 841220 PDR ADOCK 05000352 g PDR

interpretation of the various statutes relating to teachers contractual obligations. (TR 15,404) (Board ruling at TR 16,406)

LEA's resaons for requesting the opportunity-to present'Mr.

Newman as a witness are a direct result of the Board's ruling at TR 16,406. Mr. Rader indicated that Philadelphia Electric Company was not interested in discussing -a proposed stipulation regarding his testimony due to the Board's ruling. Therefore, LEA is left with no alternative but to request the Board to issue a subpoena commanding his testimony relating to the effect that the contractual olligations of school staff and bus drivers can be expected to have on their willingness to carry out the'

. assignments designated to them in the various radiological emergency response plans. LEA would refer the parties to its argument at TR 16,398-400. At TR 16,405 LEA stated that it planned to seek a stipulation regarding Mr. Newman's testimony if the Board granted Applicant's Motion to Strike. Mr. Morabito's Limited Appearance Statement beginning at TR 16,410 also provides the basis for LEA's request for Mr. Newman's subpoena. It is LEA's position that the record in this proceeding will be deficient if it does not contain reliable, probative evidence relating ,to the contractual obligations of school staff and bus drivers in the event of a radiological emergency at the Limerick Genera-ting Station.

JIM BROWN Jim Brown is the chairperson of the Methacton School

- District Emergency Evacuation Committee. Due to extended illness from pink-eye, Mr. Brown was unable to attend the hearings on Dec. 17 or Dec. 18. Dr. Laird Warner, Superintendent of the Methacton School District did testify on Dec. 18; however he was not permitted to discuss any matters relating to the school staff and bus driver survey results reported to him by Mr. Brown, 4 to whom Dr. Warner has delegated RERP responsibilities (TR 15,611).

At TR 15,623 Dr. Warner stated that "There is a deficit of 15 drivers". Applicant objected that there was no foundation as to Dr. Warner's knowledge of the survey results. At TR 15,627 Dr.

Warner attempted to discuss the manner in which Mr. Brown had reported the survey results to him. At TR 15,629, lines 6 and 7, Judge Hoyt stated..."Now there are other witnesses that can testify on that (survey results) and you must call those witnesses".

At TR 15,631 LEA marked a Nov. 16, 1984 letter from Mr. Jim Brown to Mr. A. Lindley Bigelow as LEA Exhibit E-28. At TR 15,632 Applicant objected to discussion of the unmet needs stated in' the letter because Mr. Brown was not available at the hearing to authenticate the letter or for cross-examination At TR 15,632 lines 20 and 21 Judge Hoyt questioned LEA whether or n'ot Mr.

Brown was on the witness list. In response to LEA's statement that he was ill, at lines 24 & 25 Judge Hoyt stated, "Then we are i goint to have to either get a deposition or something or some l

stipulated testimony." Due to the fact that Mr. Rader has informed LEA that the Applicant is not willing to discuss any proposed stipulation regarding those documents prepared by Mr. Brown marked for identification purposes as LEA Exhibits "E-18" and "E-28", LEA is left with no alternative other than to request the Board to issue a subpoena commanding Mr. Brown to give testimony on Jan.4, i

1985. LEA believes that the record will be deficient if this l

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request is not granted. LEA is willing to stipul' ate td the inclusion of LEA exhibits marked for identification purposes as LEA "E-18" and "E-2 8",

and hereby including counsel for the Applicant to requests considerthe thisparthg4,ylive.

alterga MICHAEL CHURCHILL pf, pg) 31 M0 '08 On Dec.17, 1984 Mr. Churchill came to the he(finq0asscag3gy a designated representative of Mrs. Stonorov, dire'dtbrf'66 thevr Charlestown Play House, Inc., a day care facility locateMCin

'Charlestown Twp., Chester County. Mr. Churchill brought with him an affidavit to demonstrate that he was the authorized representative of Mrs. Stonorov and the Charlestown Play House, Inc. At TR 15,470 Mr. Rader objected to the presentation of the witness. LEA reiterated that if the Applicant were willing to stipulate to Mrs. Stonorov's testimony that there would have been no need to take up valuable hearing time with the presen-tation of Mr. Churchill. LEA again asked Mr. Rader if he was willing to stipulate to Mrs. Stonorov's testimony on Dec. 28,.

or in the alternative to consider a prepared statement from Mr. Churchill as a proposed stipulation. Mr. Rader indicated that neither of these proposals by LEA would be acceptable to him. At TR 15,471 Judge Hoyt suggested taking direct examination of Mr. Churchill (lines 10 & 11). At TR 15,471 Judge Hoyt stated that LEA could conduct direct examination of Mr. Churchill.

At TR 15,475 Mr. Rader requested permission to conduct Voir Dire. At TR 15.482 Judge Hoyt stated that the Board had deter-mined that Mr. Churchill was not competent to testify on the matter. At lines 23-24 Judge Hoyt stated that there was no documentation before the Board to support that Mr. Chruchill had been designated by the Board of Directors as their designated emergency coordinator. At TR 15,483 LEA informed the Board and the parties that it would obtain the appropriate authorization from Mrs. Stonorov and the Board of Directors of the Charlestown Play House, Inc. LEA will provide the necessary documentation to the parties no later than Jan. 3, and hereby requests that the Board grant LEA's request for a subpoena to obtain testimony by direct examination on behalf of the Charlestown Play House, Inc.

subject to the receipt of the parties of the necessary authorization.

ALICE SPRAGUE ,

Alice Sprague is the Administrator of the Little -People Day Care School of Pottst:wn, Inc. She responded to the survey questionnaire sent out by Elaine Troisi by writing the enclosed letter and by authorizing Limerick Ecology Action to submit her October 1, 1984 letter to the Atomic Safety and Licensing Board in this proceeding.

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LEA anticipated that this letter would become part of the record in this proceeding as an attachment to the testimony of Elaine Troisi. At TR 15,778 the Board denied Applicant's Motion to Strike the survey responses from Mrs. Troisi's testimony; however in doing so adopted the position expressed in the argument presented by Mr. Hassell of the NRC Staff.

At TR 15,775, Mr. Hassell stated that the survey forms "should not be admitted for the truth o# the matters asserted in the form; however".... they should De admitted " solely for the purpose of showing what the witness relied upon...."

Mrs. Sprague's October 1, 1984 letter states that although her facility "has complied with the requests of the Pennsylvania Department of Education and the Pennsylvania Department of Public Wel f are". . . . "This plan remains hypothetical . . . . . "

LEA had no notice prior to Dec. 19, 1984 that Mrs. Sprague's letter would not be accepted "for the truth of the matters discussed therei.n". Here again, Mr. Rader has indicated that Applicant is not willing to discuss any proposed stipulation regarding Mrs. Sprague's October 1, 1984 letter. LEA is left with no alternative but to request that the Board grant a subpoena commanding testimony from Alice Sprague to authenticate the matters discussed in her October 1, 1984 letter, and that.she be odrered to appear to give testimony on Friday, January 4, 1985 at 9:00 a.m. LEA believes that the record on LEA-13 will be ficient if the matters contained in Mrs. Sprague's letter are not considered by this Board, particularly relating to the sufficiency of staff and transportation resources required in the event that an evacuation is called for as a protective measure.

4 IN THE EVENT THAT THE BOARD DETERMINES THAT THE INFORMATION CONTAINED HEREIN IS NOT SUFFICIENT TO GRANT THE REQUESTED SUBPOENAS, LEA HEREBV REQUESTS AN OPPORTUNITY FOR ORAL ARGUMRNT PRIOR TO THE 30ARD'S RULING ON TH.IS MOTION.

Resp ctfully pubmitted, Phy itzer nt LEA cc: Entire service list Enclosures as follows:

j Subpoena forms submitted to Judge Hoyt only LEA Exhibit "E-18" previously distributed to parties

( n o t -e n c l o s e d-)--

LEA Exhibit "E-28" enclosed Alice Sprague letter of 10/1/84 enclosed

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. p (215)489 3000 jtI ,1 ( LEA EXHIBIT "E 28" J .: y

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2 METHACTON SCHOOL DISTRICT 1 J DR. LAIRD P. WARNER se-we : November 16, 1984 Fainkw VillsDe:PA 1 3

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rcp.g 7 Mr. A. Lindley Bigelow, Coordinator Montgomery County Office Emergency Preparedness 100 Wilson' Boulevard Norristown PA 19403

Dear Mr. Bigelow:

As a follow-up to the information from the Methacton School District's Emergency Evacuation Planning which you recently received, I wish to re-iterate the two major unmet needs for preparation of Methacton School District's plan at this point.

4 First of all, as a result of a bus driver survey, we need 15 additional buses / drivers for evacuation of our students from our three elementary g buildings and the Arcola intermediate school. We also will be in need of 50 adults to sapervise students, as a result of a survey of all other staff members in our district. The additional adults would allow for a student to adult supervision ratio of A:23.

Please contact me if you have any specific questions or concerns about the two aforementioned unnet needs.

Sincerely, l hik

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James P. Brown, Chairman Methacton Emergency Planning Committee l Principal, Arrowhead Elementary School l

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c:: J. Cunnington, Energy.- Consultants ,

Dr. L. Warner, Superintendent ,,

T. Derr, Asst. Superintendent n

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,W 1561 MEDICAL DRIVE, POTTSTOWN, PA IMG4 715/37G 0554 October 1, 1984 De*ar Sir Little People Day Care School of Pottatown. Inc.

has complied with the requests of the Pennsylvania Department of Education and the Pennsylvania Department of Public Welfare by preparing a Radiological Emergency Response Plan. This plan remains hypothetical, however, inasmuch as planned responses to a nuclear incident are untested.

We wish to express serious concern about our ability to safely evacuate and properly care for our students in the event of a radiological emergency for these reasons:

To date we have neither been contacted by nor received assistance from any official emergency preparedness organization, public agency, r,overnmental body or Philadelphia Electric.

The ability of large numbers of people to negotiate local highways during a full-scale evacuation remains in question.

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• Reliability of transportation is uncertain due to travel limitations and a potential shortage of drivers.

• The reaction of large numbers of pre-schoolers to an un-rehersed, crisis situation is uncertain, i but experience dictates that the stress resulting from an evacuation could render us unable to properly care for our children.

'The availability of adequate telephone lines

, or other means of communicating with parents remains i in serious question.

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We would welcome any acoistenco to review our platis and to assure that the rosources needed to effect a care, orderly evacuation will in fact, be available.

We rencin convinced, however, that only a full-scale drill, including major evacuation. will adequately test the emergency preparedness of our community and insure the safety of our citizens.

Very truly yours,

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Alice D. Sprague Administrator 9

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