ML20101N456

Response of Commonwealth of PA Opposing Graterford Inmates 841220 Motion for Full Disclosure of Radiological Emergency Response Plan.Requests ASLB Grant Extension Until 850118 to Respond to Motion.Certificate of Svc Encl

ML20101N456
Person / Time
Site:	Limerick
Issue date:	12/30/1984
From:	Ferkin Z PENNSYLVANIA, COMMONWEALTH OF
To:	Atomic Safety and Licensing Board Panel
References
CON-#185-910 OL, NUDOCS 8501040032
Download: ML20101N456 (5)

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UNITEDSTATESOFAMERIYh"o r . E T Er, NUCLEAR REGULATORY COMMIS$10N y

BEFORE THE ATOMIC SAFETY AND LICENSk NA4 AIO:i5 In the Matter of ) [0C G shMbi

) BRANCH PHILADELPHIA ELECTRIC COMPANY Docket Nos. 50-352 (Limerick Generating Station, )

Units 1 and 2) ) ,_

RESPONSE OF THE COMMONWEALTH OF PENNSYLVANIA TO GRATERFORD INMATES' DECEMBER 20, 1984 MOTION FOR FULL DISCLOSURE OF GRATERFORD RERP AND REQUEST FOR ADDITIONAL TIME TO FILE MEMORANDUM IN SUPPORT OF SAID RESPONSE On December 13, 1984, the Commonwealth made available to counsel for the intervenor-inmates at the State Correctional Institution at Graterford an unclassified copy of the Pennsylvania Bureau of Correction, Radiological Emergency Response Plan prepared for response by the Graterford institution to incidents at the Limerick Generating Station. The Commonwealth requested that certain portions of the emergency plan be withheld from disclosure, on the basis that release of such information 1

would be "directly contrary to the public interest in  ;

protection from a security breach of the Graterford facility." l By motion dated December 20, 1984, counsel for the Graterford inmates requests this Board issue a protective order " allowing counsel and any recognized experts to review the entire plan under appropriate circumstances."

The motion requests further that the twenty-day time period I allowed for the filing of contentions based upon the 8501040032 851230 Jg gDRADOCK05000g

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'Graterford plan be tolled until full disclosure of the plan is permitted.

The Commonwealth opposes the motion in part.

l Specifically,,the Commonwealth's position is that there be

. no further disclosure of the Graterford emergency response plan. The Commonwealth does not take a position with regard to the running of the twenty day time period in which inmates have been directed by prior Board orders to file contentions. l The Commonwealth intends to file a memorandum in support of its response to the inmates' request for disclosure of- the Graterford plan. Additional time is needed for preparation and. filing of said memorandum, the reasons for which are set forth below. Accordingly, the Commonwealth requests that it be allowed until January 18, 1985 to file a memorandum in support of its response.

The radiological emergency response plan served upon

} prisoners' counsel Angus Love on December 13, 1984 by the Commonwealth was developed principally by the- Pennsylvania Bureau of Correction [ Bureau]. Management and control of the Graterford facility is the direct responsibility of the

, Bureau. Consequently, the response of the Commonwealth to prisoners' motion and ai.y other matters involving the Graterford emergency plan must of necessity involve the Bureau. The Board so acknowledged on this record (See Tr.

15,835-36).

The undersigned Commonwealth counsel has been informed that Bureau officials concerned with the Graterford plan,

j. due to Christmas holiday schedules and other obligations,

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. are not. now available and will not be until after the first week in January. Given the time of filing of ti:e inmates' motion, it was not possible to ascertain this information prior to the Christmas weekend and the concomitant absence of these officials. The Commonwealth cannot respond to the matters raised in th'e inmates' motion without consultation with the Bureau. In view of the sensitivity of the Graterford plan (see Affidavit of Glen R. Jeffes, Acting Commissioner of Corrections ffers attached to Commonwealth Request for Non-Disclosure dated December 13, 1984), the Board is respectfully requested to grant the Commonwealth until January 18, 1985 to file its memorandum in support of its response to the 'Graterford inmates' motion for disclosure of the Graterford radiological emergency response plan.

Respectfully submitted, Zori G. Ferkin M

Assistant Counsel Governor's Energy Council Dated: December 30, 1984

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

PHILADELPHIA ELECTRIC COMPANY ) Docket Nos. 50-352

) 50-353 (Limerick Generating Station, )

Units 1 and 2)

CERTIFICATE OF SERVICE I hereby certify that copies of the " Commonwealth Response to Graterford inmates Motion" were served on the following by Unitod States f t rst class mail on the 31st day of December 1984:

Helen F. Hoyt Troy B. Conner, Esq.

Administrative Judge Conner and Wtterhahn, P.C.

Atomic Safety and Licensing 1747 Pennsylvania Avenue, N.W.

Board Washington, D.C. 20006 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Richard F. Cole Docketing and Service Section Administrative Judge Office of the Secretary Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission ll.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. Jerry Harbour Atomic Safety and Licensing Board Administrative Judge Panel Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Atomic Safety and Licensing Benjamin H. Vogler, Esq.

Appeal Panel Counsel for NRC Staff U.S. Nuclear Regulatory Commission Office of the Executive Legal Washington, D.C. 20555 Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555

-l Robert L. Anthony Philadelphia Electric Company Friends of the Earth of the ATTN: Edward G. Bauer, Jr.

Delaware. Valley Vice President & General Counsel P.O. Box 186 2301 Market Street 103 Vernon Lane. Philadelphia, PA 19101 Moylan, PA 19065-Joseph H. White, III Angus Love, Esq.

15 Ardmore Avenue 101 East Main Street Ardmore, PA 19003 Norristown, PA 19104 Charles W. Elliott, Esq.

• David Wersan, Esq.

Brose and Postwistilo Assistant Consumer Advocate 325 N. 10th Street Office of Consumer Advocate Easton, PA 18042 1425 Strawberry Square Harrisburg, PA 17120

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• Thomas Gerusky, Director Martha W. Bush, Esq.

. Bureau of Radiation Protection Kathryn S. Lewis, Esq.

< Dept.'of Environmental Resources City of Philadelphia 5th Floor, Fulton Bank Building Municipal Services Building Third and Locust Streets 15th and JFK Boulevard Harrisburg, PA 17120 Philadelphia, PA 19107 Phyllis Zitzer

• Director, Pennsylvania Emergency 4

Limerick Ecology Action Management Agency P.O. Box 761 B-151. Transportation & Safety Bldg.

Pottstown, PA 19464 Harrisburg, PA 17120 Steven P. Hershey, Esq. ** Spence W. Perry, Esq.

i Community Legal Services, Inc. Associate General Counsel Law Center West Federal Emergency Mgmt. Agency 5219 Chestnut Street 500 C. Street, S.W., Rm. 840 Philadelphia, PA 19139 Washington, D.C. 20472 Timothy R.S. Campbell Jay Gutierrez, Esq.

Director U.S. Nuclear Regulatory Dept. of Emergency Services Commission 14 East Biddle Street Region I I

West Chester, PA 19380 631 Park Avenue i King of Prussia, PA 19406 Zori G. Ferkin Assistant Counsel Governor's Energy Council Date: December 31, 1984

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