ML20101S943
| ML20101S943 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 01/29/1985 |
| From: | Ferkin Z, Otto T PENNSYLVANIA, COMMONWEALTH OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#185-387 OL, NUDOCS 8502050726 | |
| Download: ML20101S943 (30) | |
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- 5MC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMIS810N O " 5 -d 9 *n7 Before the Atomic Safety and Licensing Board In the Matter of
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0L Philadelphia Electric Company
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Docket Nos.
50-352
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50-353 O L (Limerick Generating Station,
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Units 1 and 2)
)
RESPONSE OF THE COMMONWEALTH OF PENNSYLVANIA TO GRATERFORD INMATES DESIGNATION OF JOllN D. CASE AS AN EXPERT IN Tile FIELD OF CORRECTIONS 1.
INTRODUCTION Recently, the inmates at the State Correctional Institution at Graterford offered John D. Case as an expert in the field of corrections (Tr. 19,703-04), in an effort to comply with the opinions of both the applicant and the NRC staff that before any additional information was released on the evacuation plan, a qualified expert be obtained by the inmates. Once a qualified expert was obtained, parts of the evacuation plan could be released under a protective order for an expert opinion.
For the reasons given below, the Commonwealth of Pennsylvania respectfully requests that this Board find John D. Case not to be an expert in the field of corrections for the purposes of being able to give an expert opinion as to the adequacy of the evacuation plan for the State Correctional Institution at Graterford and to deny the motion of the Graterford inmates for any further disclosure of the Graterford Radiological Emergency Response Plan other than the unclassified or sanitized version already in their possession.
8502050726 850129.
PDR ADOCK 05000352 Q
PDR 7SD3
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- 11. - BACKGROUND On December 13, 1984, the Commonwealth provided to the inmate's counsel, a copy of the Radiological Emergency Response Plan prepared for the State Correctional Institution at Graterford with certain information deleted for security reasons. The inmates filed a Motion for Full Disclosure of the Evacuation Plan for the State Correctional Institution'at Graterford by Motion dated December 20, 1984. On December 31, 1984, the Commonwealth filed a Response to the Motion of the inmates and requested additional time to file a memorandum in support of said response. The Memorandum was filed January 18, 1985.
The NRC staff filed an Answer to the Motion of the inmates dated January 2,1985, which expressed the suggestion that "the inmates should be required to specify the information they need, based on expert opinion, which is beyond that provided in the " sanitized' version.
Answer to Motion, Page 6.
The applicants also filed a response to the Graterford inmates motion which suggested that obtaining the services of n qualified expert and a protective order were prercquisites to access to the evacuation plan.
Applicant's Response, Page 4.
The. inmates have offered John D. Case as an expert in corrections in an effort to obtain further access to the plan. The Board also directed the inmates to specify the information they need based on their expert's opinion, beyond that provided in the sanitized version (TR 19,704-10).
III. DISCUSSION In reviewing the credentials of Mr. Case as to whether or not he is a corrections expert sufficient to give expert commentary on the evacuation plan for the State Correctional Institution at Graterford, the Department of Corrections, Commonwealth of Pennsylvania, as a recognized expert in the field of maximum security corrections, l
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would suggest that the Nuclear Regulatory Commission, Atomic Safety Licensing Board, use the following criteria:
A) The types of inmates the alleged expert has supervised.
B)' The number of inmates the alleged expert has supervised.
C) The experience with movements of inmates.
D) The experience in developing a radiological evacuation plan.
E) The experience with our institutions in the state system from an operational point of view.
We have taken the liberty of compiling information on Mr. Case as to his experience, using the above criteria.
A.
Types of Inmates According to the VITA of Mr. Case, (Attached as Exhibit A), he was involved with the Bucks County Prison System and later Director of the Bucks County Prison System from December,1962 until February,1977.
Attached as Exhibit B is a table showing the statuses of prisoners confined in county prisons and jails on December 31, 1973. Of the individuals confined in the Bucks County Prison as of December - 31,1973, only 20 of those individuals had maximum sentences in excess of - two years.
Attached as Exhibit C is a distribution of maximum sentences administered to commitments received in county prisons and jails during 1974, which indicates that during that year, Bucks County Prison had only 58 prisoners with maximum sentences of two years to 59.9 months and one inmate with a maximum sentence of 60 months or over.
Attached as Exhibit D is a table indicating the inmates in the Bureau of Correction' by minimum sentence on December 31,1982 and 1983.
In 1982, the Bureau of Correction incarcerated 1,141 inmates with a minimum sentence of two to three years,1,523 inmates with minimum sentences of
three to five years,1,587 inmates with minimum sentences of five to ten years, 439 inmates with minimums of ten to twenty years,114 inmates with sentences over twenty years and 1,074 inmates with life sentences. In the year of 1983, the numbers rose even higher as indicated on Exhibit D. Please note that the figures given for the Bucks County Prison with regard to the sentences were the maximum sentences whereas the statistics given with regard to the Bureau of Correction are the minimum sentences.1 The legislature and the courts have recognized the substantial difference in the type of inmates housed in a county prison versus a state correctional institution.
A case decided during the time Mr. Case was warden is Commonwealth v. Stauffer 251 A.2d 718 (1969). During the 1960's, all persons sentenced to simple imprisonment were to be confined in the county jail rather than a state correctional institution. The court opined:
The policy underlying the requirement that simple imprisonment be served in a county jail is sound. Simple imprisonment is provided for less serious crimes which, in many cases, involve people who are rarely in trouble.
It is neither in the best interests of these people nor fair to them to incarcerate them with confirmed, hardened criminals convicted of more serious crimes, who are generstly found in state correctional institutions.
The legislature, by distinguishing the place of imprisonment for these lesser crimes, recognized that such people should not be subjected to imprisonment in the same institutions as individuals convicted of serious misdemeanors or felonies. Stauffer at p. 719.
Further in the opinion, the court added that "[a] sentence of simple imprisonment for men results in that mnn being insulated from the company of. hardened criminals". Stauffer at p. 720.
It would be the position of the Department of Corrections that Mr. Case has little, if any, experience with the types of inmates that the Department
'1.
Sentences in the Commonwealth of Pennsylvania are generally required to have minimum and maximum periods of incarceration.
of Corrections now houses at the State CorrectionalInstitution at Graterford.,
Our inmates have substantially longer minimum sentences than the maximum sentences of the inmates at the Bucks County Prison during the period of time Mr. Case was warden. Therefore, based on this factor alone, Mr. Case could not be deemed an expert with regard to the.eview of the evacuation plan for the State Correctional Institution at Graterford.
B.
Number of Inmates Supervised Attached as Exhibit E is a table indicating the yearly average daily.
populations and populations on December 31st in county prisons and jails from 1969 to 1973. The Bucks County Prison population during this entire period did not exceed 209 inmates, and in some years substantially fewer.
Attached as Exhibit F is a table indicating the yearly average daily populations in Pennsylvania County Prisons and Jails for 1974 and 1975.
During these two years, Bucks County Prison held 206 inmates and 246 inmates respectively.
Attached as Exhibit G is a table indicating the month-end populations in the Bureau of Correction from January,1981 to December,1983. The least number of inmates that the Bureau of Correction has housed since 1981 is 8,311 inmates and the most inmates we housed as of December of 1983 was 11,798.
It is clear from these numbers that Mr. Case has no experience in supervising the numbers of inmates that are involved in the state correctional system. The Graterford evacuation plan is based on an inmate population of 2,450 inmates at the State Correctional Institution at Graterford, approximately ten times the number of inmates that Mr. Case has ever i
supervised.
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v C.
- Experience with Transfers of Inmates Attached as Exhibit H is the Affidavit of Glen R. Jeffes in Support of 4
the Response of the Commonwealth of Pennsylvania to Graterford Inmates Designation of John D. Case as an Expert in the Field of Corrections.
l.
According 'to the affidavit, the only experience Mr. Case has with the movement of inmates was the movement of 39 of the lowest security class inmates in the county system to a rehabilitation center for work-release type inmates in 1963 or 1964. Obviously, the number of inmates involved in this transfer were few and the security level of the inmates was very low since they were being moved to a work-release type center.
In 1982, the Bureau of Correction transferred 6,662 inmates from one institution to another. In 1983, the Bureau of Correction transferred 7,192 inmates. (The specifies are described in Exhibit I, attached hereto.)
The type of inmates range from execution cases, requiring the utmost security l
measures to medium security inmates requiring moderate security measures.
Deputy Commissioner Erskind DeRamus is authorized to effect transfers throughout the state correctional system as well as the authority to review transfers to the state system of problem inmates from the county institutions.
Attached as Exhibit J is the Affidavit of Erskind DeRamus in Support of 1
the Response of the Commonwealth of Pennsylvania to the Graterford lamates Designation of John D. Case as an Expert in the. Field of Corrections. In the Affidavit of Deputy Commissioner DeRamus at No.16, his expert opinion is that Mr. Case has no expertise in the movement of medium and maximum i
security-type inmates or the numbers of inmates that would be required to.
j be moved in the evacuation of the State Correctionallnstitution at Graterford.
The Commonwealth would suggest that the isolated occurrence that Mr.
_ Case has with regard to the movement of 39 of the lowest-level type inmates i
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l In 1963 or 1964 illustrates very clearly how little expertise he has in the matter of movements of inmates.
D.
Radiological Experience in reviewing the VIT A of John D. Case, it is apparent that he has no experience in the radiological field and, therefore, could not give an expert opinion as to the meest.:es planned for the safety of the inmates at the State Correctional Institution at Graterford in the event of a radiological emergency.
The Department of Corrections, with the assistance of PEMA, developed our Radiological Emegency Response Plan. PEMA has extensive experience in the development of radiological response plans for nuclear power plants in Pennsylvania and has indicated that our plan would adequately protect the health and safety of the inmates if a nuclear incident would occur.
The Commonwealth submits that Mr. Case has no experience in this area whereas the Department of Corrections has availed itself of the assistance of PEMA in developing a safe plan in case of a nuclear incident.
i E.
Experience with the Department of Corrections and our Institutions from an Operational Point of View in reviewing the VITA of John D. Case, he lists no experience with the Pennsylvania Department of Corrections.
In the Affidavit of Glen R. Jeffes filed with the December 13, 1984 Request for Non-Disclosure, Commissioner Jeffes states "the development of the plan required expertise in corrections, knowledge of the physical plant of SClO and knowledge of the physical plant of. our support institutions.
This knowledge and expertise is not available to anyone outside the Pennsylvania Bureau of Correction. Thus, a review of the classified parts of the plan would be futile." Affidavit of Glen R. Jeffes at 22. Page 5.
Our plan utilizes the facilities, manpower and training of the state correctional system. This information is confidential and cannot be disclosed due to the immediate negative effects on the security of.not only the State Correctional Institution at Graterford but also our other state institutions.
This operational type information would be useful in planning escapes and to disrupt the state system now, not only in the event of a response to a nuclear incident.
III. CONCLUSION The Department of Correction has indicated the five major criteria that a corrections expert would have to have in order to be able to give an expert opinion as to the adequacy of the Radiological Emergency Response Plan for the State Correctional Institution at Graterford. In all five areas, the credentials of John D. Case are either non-existent or minimal. The Affidavit of Glen R. Jeffes that is attached as Exhibit H specifically states on Page 2, No. 8, that it is his opinion that "Mr. John D. Case does not possess the expertise necessary to effectively comment on the adequacy of the evacuation plan for the State Correctional Institution at Graterford. The Affidavit of Erskind DeRamus, attached hereto as Exhibit J, also expresses a similar opinion as to the lack of expertise of Mr. John D. Case.
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As was stated in the previous Affidavit of Commissioner Jeffes (Attached to Request for Non-Disclosure of Confidential Information dated December 13, 1983), if the Graterford evacuation plan becomes compromised in any significant degrec, the Department of Corrections will be required to change the plan due to our obligation to protect the public from the criminals over which we must maintain safe and secure custody. Not only will this requirement delay the full operation of the Limerick Plant, but it will also needlessly expend further tax dollars to change this plan.
We would respectfully request that the Board not designate John D. Case as an expert and that no further disclosure of this plan, to either the inmates or their counsel, be ordered.
RespecJful /sjubmitted,.
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t odore G. Otto, Ill 4
Assistant Counsel
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Department of Corrections
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y Mori G. Ferkin C
Assistant Counsel Governor's Energy Council L'!IN l'f. ?)/ jf"$
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VITA JOHN D. CASE WORK EXPERIENCE May 1977 to present Fleid Director, Tl.e Pennsylvania Prison Society, Philadelphia, PA 19:07 December 1962 to
' Warden, Bucks County Prison, Doylestown, and
.Pebruary 1977 simultaneously from 1969 Director, Bucks County Department of Corrections 1969 to 1978 Member, Governor's Justice Commission, Pennsylvania January 1942 to Private to Major, United States Marine Corps December 1962 1954 to 1957 Instructor, Marine Corps Command Staff School, Quantico, VA 1948 to 1950 Custody Officer, Naval Prison, Portsmouth, N.H.
1960 to 1962 Brig Officer, Marine' Corps Base, Camp LeJeune, N.C.
EXPERT WITNESS June 1970 Nez vs Marlia, U.S. District Court of Arizona, N70-216 August 13, 1970 Legislative-Executive Task Forcc on Reorganization of Government, Commonwealth of Pennsylvania
'Nay 29,1971 Committee on the Judiciary, House of Representatives, Washington, D.C.
June 22,1972 Comnittee on the Judiciary, Senate of the United States, Washington, D.C.
July 1977 Sutton vs Washington, Civil Action N77-0279, U.S.
District Court for District of Columbia March 1979 Valentine vs Englehadt, Civil Action M78-270, U. S.
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District Court for New Jersey (Passaic County Jail)
September 1979 Ippolito vs Howc11, Civil Action M78-0911, U.S.
District Court for the District of New Jerscy (Atlantic County Jail)
(Conscn t Decrec) 1980 Morrison vs Brennan, Civil Action M77-0765 consoli-dated with Civil Action M78-0G28, U.S. District Court for the District of New Jctsey (Burlington County Jadi), Consent Decrec.
Octobcr 23, 1980 Lareau vs Manson, Civil Action Mil-78-145 and H-78-199, U.S. District Court for District of Connecticu t.
January 28, 1981 Smith vs Montgomcry County and Commissioners, civj]
action H80-4492, U.S. District Court for the Castctn District of Pennsylvania Exhibit A
1-A
. EXPERT WITNESS Marcho 1980 Da vis vs H.G. Eva t t o Sheriff of Hamilton County Tennessee Civil Action #1-79-200, U.S. District r
Court for the Eastern District of Tennessee 1980
' Tanung Lee, James Earl Moreheado et al vs Bradley Countyr Tennessee et s' o Civil Action M1-80-38 in the U.S.
i r
District Court for the Eastern District of Tennessee r Southern Division (Consent Decree)
Aprile 1981 Laurie DeMier et al vs Arlington Countyr Civil o
Action 080-1086-Ao U.S. District Courto Eastern District of Virginia (Consent Decree)
April 2,1981 Fishcr vs Arlington County, ct alo civil Action M80-1104 U.S. District Courto Eastern District of Virginia Augusto 1981 Ponta te et al vs Richard Frey of Jefferson Countyr r
Civil Action NC75-0031-L(A)
C79-0492-L(A)o C79-0570-L(Al U.S. District Courto Western District of Kentucky at Louisville July 3, 1981 Raymond Lattisaw et al vs Hughese et'alo Civil Action o
NK-78-1738, (Deposit 2an) U.S. District Courto District of Maryland January, 1982 Early vs District of Columbia Civil Action #1245178 o
and Civil Action #739579 Superior Court of District of Columbia January, 1982 Blando et al vs Norvello Shcriff of St. Lucie Countyr Florida e t.al o Civil Action M80-8251-CIV-JCPo s
(80-0016-CIV-MAG-PJX) o U.S. District Court for Southern District of Florida Fort P1erce Division o
o (Consent Decree)
December 1981 Billy Cuttsinger et al vs Billy Ray Shephardo et al o
o of Bullitt Countyr Civil Actiano MC80-0048-L(A) o U.S.
District Court, Western District of Kentucky at Louisvilles (Consent Decree) l March le 1982 McElverno et al vs County of Prince William et al o
Civil Action NB1-1049AM, U.S. District Court of vityinia, Alexandria Division Mayo 1982.
Gary Hendricks vs Paul Daviso et aio Civil Action NHM-80-2038 in the U.S. District Court for the District of Maryland Tchruaryo 1984 Wheeler vs Sullivan et alo Civil Action HBO-177-WRS o
U.S. District Court of the District of Delaware December 7e '1984 Michael hyne Spivey vs Roy Banks et air civil Action o
kB2-1060-CRT, U.S. District Court for Eastern District of North Carolina, Raleigh Division
AWARD $
1968 G. Howland Shaw Award of the National Jail Associa-tion, Jailer of the Year, presented at the American Correctional Association Convention, San Francisco 1975 Excmplary Project Award for Corrections, presented
' by the National Association of Counties 1976 Ambassador of t'he Year, presented by the Bucks Count:' '"~~%
r of Commerce 1976 Liberty Bell Award, Young Lawyers, Pennsylvania Bar Associa tion 1977 Citizen of the Decade, presented by the Bucks County Association for Corrections and Rehabilitation 1977 Commendation from the Senate of Pennsylvania for nine years of service as a member of the Governor's' Justice Commission PUBLISHED ARTICLES January-Tebruary, 196S Modern Corrections in Old County Jail, American Journal of Corrections s
1965 Citizen Participation in the County Jail, American Correctional Association Proceeding September, 1966 We Operate a Salvage Business==Not a Junk Yard!
Federal Probation Quarterly December, 1966 Citizen Participations An Experinent in Prison-Community Relations, Federal Probation Quarterly March, 1967 "Doing Time" in the Community, Federal Probation Quarterly Spring-Summer, 1967 incentives in a county Prison, Prison, Journal January 8, 1969 Pennsylvania's County Prisons, a presentation to Task Force on Corrections, the Legislature of the Commonwealth of Pennsylvania June.1969 Reintegration of the Offender into the Community February 9,1971 Docs Anybody Really Care? Presented at New York Univctsity, and published as a chapter in book Social Disabl11tles.
1 June 21,1971 Testimony, Committee on the Judiciary, United States House of kcyrcscntatives, Washington, D. C.
Janua ry-Febr,uary, 1971 Correctional Volunteers in Bucks County, The American Journal of Corrections
CONFitLTANT EXPER1CNCE AND STUDIES 1968'Lo picsont Certified Jail Consultant, National Jail Association 1968 Jail Study, Dixon County, Sioux City, Nebraska 1969 Monroe County, Rochester, New York Rockland County, New York 1970 Namilton County, Cinncinnati, Ohio 1
1971 Jefferson County, Louisville, Mcntucky 1973 Onondago County, Jamesville, New York 1974-1975 Burlington County, Mount Holly, New Jersey (consulted in planning of new minimum security corrections center) 1978 Columbia County, Bloomsburg, PA l
1978 Lancaster County, Lancaster, PA 1981-1982 Dauphin, Lycoming, Westmoreland, Lackawanna Counties SPECIAL PROJECTS 1964 Planned and opened Bucks County Rehabilitation Center, minimum security institution, first such institution in any county in the United States.
1966 Assisted in preparation of Chaptor 3, Community Detention racility, of 1966 edition of Manual of Correctional Standards, American Correctional Associa tion.
1970-1971 Member ad hoc committee on work release, American Correctional Association 1972 Member of team which conducted seven training seminars (three days cach) for sheriffs under sponsorship of National Sheriffs Association 1973 Member of ad hoc commi ttee of American Correctional Association to test accreditation procedures. Included visits to several institutions to evaluate all aspects for accreditation.
PRorESSIONAL ArFILIATIONS National Jail Association - Was Director and past Picsident, Now called American Jail Association, sorving as Parliamontarian.
American CorrecLlanal Associatlan - Former Director Pennsylvania Association on Probation, Parole and Corrections Member, American Correctional Association - Local Dctcntion Committco
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TRAINING January 1955 Instructor Orientation Course Marine Corps Schoolo o
Quantico, VA Februaryo 1960 Senior officers Short Course in Military Justice Januaryo1962 Correctional Administration Course Class Glo o
Fort Gordon, Georgia April to June 1962 Correctional Administration American Universitys r
e Washingtono D.
C.
(2 months, full-time)
July,1962 Co'urse in Jail Management, Federal Jail Inspection Serviceo Bureau of Prisons Washingtono D. C.
o llovember 1962 Speed Reading Coursv Marine Corps Basc o
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Camp LeJeune, N. C.
Mayo 1964 Counseling of Inmates Pubilc Service Institute of o
Pennsylvania Decembero 1964 Clinical Criminology Io Public Service Institute r Department of Public Instructiono Harrisburgo PA Mayo 1965 Security and Discipline in Prisono Public Service insti tute June 1965 Group and Case Counseling in Correctional Settings r
o Public Service Institute June,1966 Correctional Counselingo Psychotherapeutic Techniques o Pubilc Service institute Januaryo 1967 Prison Staff Developmento Public Service Institute Mayo 1967 Modern Approach to Administration of Justiceo Pennsylvania State University December 1967 Advanced Course - Prison Security o
Januaryo 1968 The Executive Workshopo Pennsylvania Adult Correctional Training Institute, Pennsylvania State University Augusto 1968 Juvenile Dchavior and Child Carc Public Scrvice o
Insti tute October 1968 Jail Management Correspondence Course, Jail Manage-o ment institutc Dureau of Prisons o
December 1968 Group Counsclingo Pubilc Sctvice Institute o
4 k6
EDUCATION 1940 to 1942 Af ter high school graduation (valedictorian), I attended Fordham University, Bronx, New Yorko on a combined athletic (football) and scholastic scholarship (Dean's List). In 1942, I enlisted in the U.S. Marine Corps. During my Marine Corps career, I attended Fordham University and George Washington College part-time but did not complete r
the work required for a degree.
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and jails Total 3 months 4 to 11S 12 to 23S 24 months court detent-prisoners and under months months and over cases ioners Total...............
5.209 188 183 834 306 110 3.588 Percent of total 100.0 3.6 3.5 16.0 5.9 2.1 68.9 Adams.................
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1 04.4 1
Cameren............................................
CLsrten............................................
21 2
1 1
lb t%b.4 C 13 c r i t 3 L d.........................................
2\\
7 12 14 4
4 a
lo Tsb.s Crawf r4...........................................
15)
F.
9
\\bh.$
1 E1b................................................
24 70 3
I 11.b trL3...............................................
7 P.
11 1 la l *>
- 4 3.*4 8
t)$.4 F4r-et............................................
i Jsiferso1..........................................
+
.' t I
n 44). h Lawrems3...........................................
a 17 4
7 st
\\po.S thEsen.............................................
1 4
9
/
p.4 Merver.............................................
Il e 9
J 7
g; 4
tg4,4 Fitter.................e...........................
F 6
8 11.T Ts,%
)
V1nango............................................
s
?J a
J IJ 1
w.,ren.............................................
it o
s ia 1
s\\.s
. v, Exhibit C
TABLE 10 Inmates in the Bureau of Correction by Minimum Sentence on December 31, 1982 and 1983 December 31, 1982 December 31, 1983 c
Percent of Percent of Minimum Sentence
- Number Total Number Total 1 year and under **
1,286 14.80 1,251 12.91 Over 1 to 2 years 1,536 17.68 1,737 17.92 Over 2 to 3 years 1,141 13.13 1,347 13.90 over 3 to 5 years 1,523 17.52 1,802 18.60 Over 5 to 10 years 1,587 18.26 1,719 17.74 over 10 to 20 years 429 4.94 510 5.26 over 20 years 114 1.31 130 1.34 Life 1,074 12.36 1,195 12.33 Total 8,690 100.00 9,691 100.00 Based on predominate sentence and excludes all classes of inmates without a minimum sentence, including parole violators.
Includes inmates in state regional correctional facilities as follows:
537 on 12/31/82 and 576 on 12/31/83.
19 Exhibit D t
4 &
I
.q TABLE 6: YEARLY AVERAGE DAILY POPULATIONS AND POPULATIONS ON DECEMBER 31 IN COUNTY PRISONS AND JAILS,1969 TO 1973 Yearly average daily populations December 31st County prisons tnd jails 1969 1970 1971 1972 1973 1969 1970 1971 1972 1973 Total...........
6,205 6,141 5,998 5,996 5,899 5,686 5,351 5,579 5,527 5,209 Adams................
20 20 18 17 16 19 18 12 12 18 A11egheny............
428 455 412 403 368 385 395 365 358 339 Armstrong............
8 9
8 10 15 3
4 4
6 16 Beaver...............
42 50 56 43 46 39 47 36 46 45 Bedford..............
7 10 7
7 9
7 8
6 6
3 Berks................
190 197 198 190 206 197 181 178 178 209 Blair................
44 59 70 54 43 44 53 56 44 29 Brad ford.............
9 11 14 12 11 5
2 12 7
9 g.
Bucks................
156 171 205 191 209 130 164 180 177 171 Butler...............
18 23 26 27 33 23 31 23 22 21 y"
5 Cambria..............
40 40 33 39 41 45 31 37 43 36 gj Cameron..............
I 1
3 1
1 0
1 5
0 3
Ctrbon...............
13 10 9
-7 7
9 7
10 4
1 Centre...............
15 19 17 17 20 13 18 17 13 24 Chester..............
123 133 155 138 153 116 145 118 135 147 Clarion..............
9 9
15 12 14 7
10 6
15 13 Clearfield...........
32 27 29 36 23 25 26 25 19 14 Clinton..............
12 17 13 12 14 11 22 10 8
8 Columbia.............
14 16 15 16 21 11 17 11 19 16 C raw fo rd.............
24 27 30 29 29 17 20 34 19 25 Cumberland...........
47 49 51 63 54 45 35 66 57 43 Dauphin..............
145 150 137 163 176 112 129 148 127 126 Dalaware.............
269 267 235 255 277 274 219 227 253 224 E1k..................
4 4
5 4
2 5
2 4
1 1
E ri e.................
85 98 102 102 106 71 80 76 100 98
(
...__~._.c.
.nwmm
,. m
._n, TAB 12 1 YEARLY AVERACE DAILY POPULATIONS IN PENNSYINAMIA COUNTY PRISONS AND JAILS.1974 AND 1975 Percent of Change County by region and class of county 1974 1975 1974 to 1975 Tota1.................................
5.785 Eda 1
\\1.h Southeast region.
total..................
R?1 9A4 W.b Bucks (3)...................................
Wu
- 4o
%3.4 Chester(3).l...............................
160 192 10.0 Delaware (2A...............................
242 307
%.9 Montgomery (2A).............................
215 239
\\\\.1 Ph11adelphia(1) region.
total............
2.240 2.326 T.%
Northeast region total..................
7M 930
%.T e
B e rk e ( 3 ).. }................................
242 24e 1.9 Bradford[6................................
15 19 (a,
8 10 (a
Carbon (6)...}..............................
Lackawanna(4 55 ER
- ).3 Lehigh(
141 191 33 3 Luserna }.................................
95 132 Th.S Monroe (
15 17 (a)
Northampton(4}.............................
130 151
%.1 3
3 (a)
P ik e ( 8 )..... }..............................
Schuylkill(4 50 66 11.0 Su111 van (8)................................
1 (b)
La i
Susquehanna(7).............................
10 7
qac Tioga(7J...................................
9 11 i a Wayne (7 i...................................
7 11 jal Wyoming l8).................................
5 6
La, Southcentral region.
total...............
7nt s;?
\\T.)
Adams (6)...................................
sa i4 (a)
C umb e r l a nd (4 )..............................
61 75 IT.0 Da u ph in ( 4 ) }................................
168 173 T.0 Franklin (
81 109 14.b La nc a s t e r 3 )...............................
177 209
\\6.4 Lebanon (5.................................
68 72 S.S C
Perry (7)...................................
6 S
(a)
York (3)....................................
117 155 11.*)
Central region, tota1....................
29R 17p
%,g Bedford.7).................................
o 1;
(a)
Blair(5 42 64 31.4 CambriaL4}.................................
44 52
%.1 Centre(U)l.................................
23 21 a
Clinton(
18 18 a
Columbia 6l................................
23 33 a
Fulton(8 3
6 a
Huntingdn(7l..............................
9 13 a
Junista(
4 5
a Lycomin
)...............................
54 G5 1u.%
Miiftin 17
?3 (a)
Montour 3
3d (a)
Northumberland(5l..........................
33 40 1\\.1 8
Snyder(7) 1 4
Union (7)(5}...............................
Sonareet 6
9 12 13 Southwest region, tota 1..................
23?
Pn1 1%.)
Armetrong(6)...............................
13 11 (a)
Beaver (4p............................p.....
42 69 b4.)
Butler (5}.................................
33 32
.).O Fayette 50 de
. t.0 Creene(
e u
(a)
Indiana $.................................
10 15 (a)
Washington (4l..............................
76 96 lb.)
A11egheny(2) region, total...............
378 413 S.)
Northwest region, tota 1..................
?R7 147 10.g Cameron (8).................................
I 1
' a C1rion(7),.l..............................
12 17 Ja clearfteld. 6..............................
21 34 Ja Crawford(6?................................
38 42
%.S tlk(7)l....................................
2 4
(a)
Erie (3 117 130
% 9 Foreet(8l..................................
(f)
(f) a)
Lawr e nc e 6 ) l................................
Jefferson (ai 7
to a) 27 30
\\\\.)
McKaanA....l.............................
10 e
(a)
Mercer 5
25 29
%.0 1,..................................
Potter'8 i
2 3
- a Venange(65.................................
8 9
3e Warren (G)..................................
17 22
. a 21 Exhibit F
TABLE 7 Month-End Populations in the Bureau of Correction January, 1981 to December, 1983 Month 1981 1982 1983 January 31 8,311, 9,518 10,646 February 28 8,386 9,642 10,786 March 31 8,418 9,776 10,905 April 30 8, 64 5 -
9,922 10,984 May 31 8,760 10,011 11,056 June 30 8,859 10,161 11,146 July 31 8,959 10,251 11,273 3,
August 31 8,986 10,247 11,352 September 30 9,074 10,336 11,480 October 31 9,246 10,443 11,636 November 30 9,343 10,540 11,698 December 31 9,420 10,572 11,798 15 Exhibit G
e 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)
)
AFFIDAVIT OF GLEN R. JEFFES IN SUPPORT OF THE RESPONSE OF THE COMMONWEALTH OF PENNSYLVANIA TO GRATERFORD INMATES DESIGNATION OF JOlIN D. CASE AS AN EXPERT IN Tile FIELD OF CORRECTIONS 1, Glen R. Jeffes, being duly sworn according to law, hereby depose and state the following:
1.
My qualifications have not changed since my previous affidavit attached to The Commonwealth Request for Non-Disclosure dated December 13, 1984.
2.
I know John D. Case professionally, personally and have also reviewed his VITA.
3.
During the time Mr. Case was a warden, county jails including the Bucks County Prison were used to house criminals who were unconvicted, unsentenced and sentenced to substantially less serious crimes than state institutions.
4.
During his time as warden, the Bucks County Prison housed criminals sentenced to " simple imprisonment" which was the punishment for the least serious crimes.
5.
That at all times Mr. Case was Warden of Bucks County Prison, if Bucks County Prison had an inmate that they were unable to maintain care, custody or control over, the Bucks County Prison could request that the State Correctional System take care, custody and control over the problem inmnto
- in one of the more secure state correctional institutions.
Exhibit 11
' 2-8.
To the best of my knowledge, the largest mass movement of inmates that Mr.
Case has ever been involved with was the transfer of approximately thirty-nine (39) inmates of the lowest security class at the county level to a
' rehabilitation _ center for work-release type inmates in 1963 or 1964.
7.
In the past few years, the inmates that we have received in the state system are younger, more aggressive, more assaultive and more impetuous than inmates received before this time. Therefore, it is my opinion that individuals who have not had care, custody or control over inmates in the last few years are unable to fully appreciate the requirements for security regarding these inmates.
8.
As Acting Commissioner of the Department of Corrections, with over twenty (20) years of correctional experience, with essentially all of this experience dealing with maximum security inmates, with twelve (12) years in the Pennsylvania State Correctional System, eleven (11) of which as a superintendent 'of maximum security institutions, including the State Correctional Institution at Graterford, it is my opinion that Mr. John D. Case does not possess the expertise necessary to effectively comment on the adequacy of the evacuation plan for the State Correctional Institution at Oraterford.
h Glen R. Jeffes (j
N N Acting Commissioner Sworn and Sulucribed Hefore Me This 2//7h Day of bNuIWt I
, 1985.
t l
W[u./lb [fk:!/r'-.vkkfWfg Nothy Public b'
a
. I 2',
W om
,,na.m on
( -
e TABLs 25
!aternal Populatos Movements (Outgoing) in the Bureau of Correction 1982 and 1983 State Correctional State Regional Imatitutions Correctional Facilities Total Releases 1982 1983 1982 1983 1982 1983 Authorized temporary absences 6,909 6,768 605 609 7,514 7,377 8 ell 32 24 3
5 37 29 Deaths Assault 1
1 0
0 1
1 Natural 19 22 0
0 19 22 suicide 1
3 0
0 1
5 Detained by other authorities 98 77 0
1 98 78 108 107 1
5 109 112 8sespee Turtoughs 2.321 '
2,509 322 309 2,643 3.018 Local hospitals 730 485 31 19 761 304 Transfers:
Bureau Transfers parannant S.998 6.626 315 256 6.111 6.882 Tesporarv 6 64 566 17 6
eal 372 Intersystem Transfers To county prisons 7
6 6
11 13 17 sentenced Detentioners 138 138 3
0 141 138 To Tarview State Rospital 202 233 0
0 202 23J To other sental hospitals 27 32 9
9 36 61 Interstate coopect 6
4 0
0 6
4 Weekends 0
0 42 78 42 78 Miscellaneous 129 135 0
3 123 138 Total 17,390 17,758 1,356 1,511 18,746 19,269 1
1 34 l
l Exhibit 1
UNITED STATE 8 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)
)
AFFIDAVIT OF ERSHIND DERAMUS IN SUPPORT OF Tile RESPONSE OF Tile COMMONWEALTH OF PENNSYLVANIA TO GRATERFORD INMATES DESIGNATION OF JOHN D. CASE AS AN EXPERT IN Tile FIELD OF CORRECTIONS 1, Erskind DeRamus, being duly sworn according to law, hereby depose and state the following:
1.
I am the Deputy Commissioner of Corrections of the Commonwealth of Pennsylvania.
2.
I had had extensive training and experience in the field of corrections and particularly in the transferring of inmates between institutions.
3.
I received a Bachelor of Science Degree in Secondary Education from Alabama A & M College in 1953.
I graduated with majors in Social Studies and Mechanical Arts; I had minors in English and Science.
4.
I completed advanced graduate work at Templo University, ninjoring in Education. I have also received various teaching as.J management certificates.
5.
I have held various positions in the Pennsylvania Bureau of Corrections for eightoon years.
Exhibit J
l
~
6.
! have been a member of a number of professional associations including the following:
i a.
American Correctional Association b.
Pennsylvania Prison Wardens Association c.
. National Association of Blacks in Criniinal Justice, Treasurer, Pennsylvanis f
Chapter d.
Pennsylvania Association on Probation, Parole and Corrections c.
Correctional ludustries Association 1
i 7.
From 1966 to 1967,I was an Institution Secondary teacher with the Philadelphia 1
Correctional Institution, teaching general academic subjects under the j
supervision of the Director of Education.
8.
From 1967 'to 1970, I served as the principal of the same Institutional School, i
j planning the educational objectives and curriculum and directly supervising the teachers.
}
9.
In 1970, I was appointed Deputy Corrections Superintendent at SCI-Graterford 1
i in which position I directed and coordinated the treatment and remedial services programs in a state correctional institution.
Prior to appointment to this post. I served in the positions of Classifications and Treatment Supervisor I and II; in there positions, I planned, organized and directed a l
classification and treatment program for medium and maximum security inmates.
It' On November 18,1971,I advanced to the position of Corrections Superintendent i
at SCI-Huntingdon.
In this capacity, I was responsible for carrying out a coordinated correctional program for a state penal institution housing medium and maximum security inmates.
l
n
. = 7
- 11._. From' October 1,1973, to the prasent, I have served as Deputy Commissioner of Corrections of the Commonwealth of Pennsylvania. In this capacity, among other duties, I have been the individual primarily responsible for the transfer of inmates between penal institutions.
- 12. Pursuant to 61 P.S.
6 72, it is the Deputy Commissioner's statutory responsibility to authorize and coordinate all inmate traisfers in the state s
corrections system. In accordance,with this statute, I have, for the last 11 years, supervised all transferb'in the Pennsylvania Correctional System. There are approximately 60-75 transfers ~per week. I am involved with all aspects of the transfer process and thoroughly understand the various problems and security requirements of transferring medium to high security inmates.
13.. I know Mr. John D. Case in a professional capacity and have examined his VITA.
- 14. In my opinion, as warden of Bucks County Prison, Mr. Case had no opportunity to supervise transfers of medium or maximum sceurity prisoners.
County prisons only are permitted to house convicted criminals serving sentences of less than five (5) years. The county can also request the State Correctional System to transfer and take custody of any unruly or dangerous criminals the county prison was not equipped to handle.
- 15. To the best of my knowledge, the largest miss movement of inmates that Mr.
Case has ever been involved with was the transfer of approximately thirty-nine (39) inmates of the lowest security class at the county level to a rehabilitation center for work-release type inmates in 1963 or 1964.
k m
..--r_
-,y-
o C
.c 4
- 16. It is my opinion, after working for 18 years in medium and maQum security prisons, and as the person primarily responsible for prisoner transfers in the 4
stete prison system for the past 11 years, that Mr. John Case has no experience in transferring inmates in medium or maximum security prisons that would allow him to have an expert opinion in such matters.
(
/4.. t' tA 4
Erskind DeRamus Deputy Commissioner Sworn and subscribed before me this 26#^ day of [/MAz//N24/
1985 4 A n<LA A &"
"Nhtary Public
"i::iTr.Y r!.Tlrj \\
My Ltmrahlen bal:cs Agif U, //tf Skrriu:4 lb Da4:.:a f L__
i:
~
d
'I' UNITED STATES OF AMERICA-NUCLEAR. REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD i
In the Matter of
)
)
l PHILADELPHIA ELECTRIC COMPANY
)
Docket Nos. 50-352
)
50-353 i
(Limerick Generating Station,
)
Units' 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of. the " Response of the Commonwealth '
4 of Pennsylvania - to.Graterford Inmates Designation of. John D. Case as an Expert in the Field of Corrections" were served on the following by United States first class mail on thel 31st day of January 1985:
Helen F.
Hoyt Docketing and Service Section Administrative Judge Office of the Secretary Atomic Safety and Licensing U.S. Nuclear Regulatory Commissi@
Board Washington, DC 20555 l
U.S. Nuclear -Regulatory Commission Washington, DC 20555 Dr. Richard F.
Cole Troy B.
Conner, Esq.
Administrative Judge Conner and Wetterhahn, P.C.
Atomic Safety and Licec; sing Board 1747 Pennsylvania Ave., N. W.-
U.S.. Nuclear Regulatory Commission Washington, DC '20006 Washington, DC' 20555 i
Atomic Safety and~ Licensing Joard; Dr. Jerry Harbour Administrative Judge U.S. Nuclear Regulatory Comm'issi@
Panel-Atomic.Fa fety and Licensing Board
- U.S. Nuclear Regulatory Commission Washington,fDC 20555 Washington,-DC' 20555
, Benjamin H.
Vogler, Esq.
Counsel for'NRC Staff
-Atomic Safety and L'icensing Office of the Executive-Legal-
. Appeal Panel.
Director-
~
'U.S.
Nuclear Regulatory Commission' U.S.
Nuclear Regulatory Commissi@
Washington, DC 20555 Washington, DC 20555 1
t' T
-y
. - ~
1:
r>
3 Robert L. Anthony Philadelphia Electric Company Friends. of the Earth of the Attn:
Edward G.
B auer, J r.
Delaware Valley Vice President & General Counsel P. O.
Box 186 2301 Market Street
-103 Vernon Lane Phi 1 ad elphi a, PA 19101 Joseph II. White, III Angus Love, Esq.
15.Ardmore Avenue 101 East Main Street Ardmore, PA 19003 Norristown, PA 19104 Charles W.
Elliott, Esq.
Brose and Postwistilo Phyllis Zitzer 325 N.
10th Street Limerick Ecology Action E aston, PA 18042 P. O. Box 761 Pottstown, PA 19464 Steven P. Hershey, Esq.
-* Director, Pennsylvania Emerg enc)
Community Legal Services, Inc.
M anagement Agency.
Law Center West B-151, Transportation & Safety BB 5219 Chestnut Street Harrisburg, PA 17120 Phil adelhi a, PA 19139 Thomas Gerusky, Director M artha W. Bush, Esq.
Bureau of Radiation Protection' Kathryn S.
Lewis, Esq.
Dept. of Environmental Resources City of Philadelphia 5th Fl.,
Fulton Bank Bldg.
Municipal Services Bldg.
Third and Locust Streets 15th and JFK Blvd.
Harrisburg, PA 17120 Phil adelphi a, PA-19107 J ay M..Gutierrez, Esq.
Associate General Counsel Spence W. Perry,.Esq.
U.S.
Nuclear Regulatory Commission Region I Federal = Emergency M anagement Agen; 631 Park Avenue 500 C~ Street, SW, Rm. 840 King of Prussia, PA 19406 Washington, DC 20472 Timothy R.S. Campbell
- David Wersan, Esq.
Director Assistant Censumer Advoca.te Dept. of Emergency Services Of fice of Consumer Advocate 14 East Biddle Street 1425 Strawberry Square West Chester, PA-19380 H arrisburg,. PA 17120 j'.
0. ;----- A,
Zori G.
Ferkin Assistant Counsel 3overnor's Energy Council
- D ate:. : J anu ary. 31, 1985 t
'