ML20138M234
| ML20138M234 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 12/18/1985 |
| From: | Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| CON-#485-607 OL, NUDOCS 8512200305 | |
| Download: ML20138M234 (26) | |
Text
l UNITED STATES O NUCLEAR REGULATORY COMMISSION I
I IN THE MA* ITER OF: DOCKET NO: 50-352 OL 50-353 OL PHILADELPHIA ELECTRIC COMPANY (Limerick Generating Station, Units 1 and 2) -
ORIGINAL O
LOCATION: WASHINGTON, D. C. PAGES: 21090 - 21116 DATE: WEDNESDAY, DECEMBER 18, 1985
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CR25430.0 21090 KSW/cjg I UNITED STATES OF AMERICA
() 2 NUCLEAR REGULATORY COMMISSION 3 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _x In the Matter of: :
5 :
PHILADELPHIA ELECTRIC COMPANY : Docket No. 50-352 OL 6 : 50-353 OL (Limerick Generating Station, :
7 Units 1 and 2) :
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l' Ace-Federal Reporters, Inc.
9 Suite 402 !
444 North Capitol Street, N.W.!
10 Washington, D. C. ;
i 11 Wednesday, December 18, 1985 i
The above-entitled matter came on for telephone
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il conference at 2:00 p.m.
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'!h{BEFORE:
l iS ij HELEN F. HOYT, Chairman
[ Atomic Safety and Licensing Board g U. S. Nuclear Regulatory Commission p Washington, D. C.
U' RICHARD F. COLE, Member Atomic Safety and Licensing Board 18 i U. S. Nuclear Regulatory Commission * '
l Washington, D. C.
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[ JERRY HARBOUR, Member Atomic Safety and Licensing Board i 20 U. S. Nuclear Regulatory Commission :
Washington, D. C. ;.
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21091 - 21092 APPEARANCES:
(~~/) 2 On behalf of Philadelphia Electric Company:
3 TROY B. CONNER, JR., ESQ.
ROBERT M. RADER, ESQ.
4 Conner & Wetterhahn,.P.iC.
1747 Pennsylvania Avenue, N.W.
5 Washington, D. C. 20006 On behalf of Limerick Ecology Action:
6 MR. ELLIOTT 7 Limerick Ecology Action Box 761 8 Pottstown, Pennsylvania 9 On beahlf of the Commonwealth of Pennsylvania:
ZORI G. FERKIN, ESQ.
10 Chief Counsel i Commonwealth of Pennsylvania II I Governor's Energy Council 12 h b0 No h S c nd Street !
- Eleventh Floor ,
13 Harrisburg, Pennsylvania 17101
,,5 On behalf of the Nuclear Regulatory Commission ;
Staff:
'S JOSEPH RUTBERG, ESQ.
STEPHEN L. LEWIS, ESQ.
3 to Office of the Executive Legal Director U. S. Nuclear Regulatory Commission
,f Washington, D. C. 20555 le p m
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( l P_ R_ O_ C,E E D,I N_ G_ S, 2 JUDGE HOYT: I open this conference and thank 3 you for making this time available to us today and getting 4 everyone together.
5 We have seen the pleadings that the parties have 6 filed and the proposal that the applicant has for the 7 solution for the remand of 819, and the objections filed by 8 LEA, depositions taken by Commonwealth and the Staff have 9 all been received and we have examined it. What we would 10 like to do is to see if we can set some sort of a schedule 11 here of reaching really what amounts to some of the 12 objections that you have, Mr. Elliott, as to the position 13 that the applicant took in this, h_s 14 What I believe that 819 says is that they were 15 uncertain, as I believe is stated on page 44 and page 45 of 16 their opinion, on the backup hospital, and they had certain 17 problems with that, principal among those being that they 18 were unable to identify the hospitals which I think -- the 19 19 hospitals which have been described in testimony. I 20 think that has now been done. Do you have any problem with 21 that, Mr. Elliott?
22 MR. ELLIOTT: I have no problem --
23 JUDGE HOYT: Identification of the 19 hospitals.
24 That's the limited issue we're talking about.
25 MR. ELLIOTT: The 19 hospitals have been l
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- k. 1 identified.
2 JUDGE HOYT: Do you feel that the record needs 3 to be enhanced further on that?
4 MR. ELLIOTT: As to the location or existence of 5 the 19 hospitals, no.
6 JUDGE HOYT: Very well. Then the next point, as 7 I read the 819 opinion, is that they had no detailed 8 knowledge of the specific abilities and training of the 9 emergency medical service personnel at these potential 10 alternative receiving hospitals, so I think we have gotten 11 beyond that point now in that the licensee has identified 12 one of those hospitals and as a backup facility.
,, 13 Mr. Conner, can we get you to give some sort of
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14 indication of what specific abilities and training the 15 emergency medical service personnel at that specific 16 institution may have.
17 MR. CONNER: Well, you will recall that 18 Dr. Linman put that in his affidavit in connection with the 19 Graterford Prison contentions, and at that point identified 20 the capability of the hospital in detail. In other words, 21 the same basic qualifications exist for Montgomery Hospital 22 as we had for the Pottstown Memorial Hospital, and we have 23 made identical agreements with them, consciously and 24 deliberately made agreements with them in order that there 25 would be no argument about why anything was different. So m
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(_) 1 I think we have fully complied with the appeal board's 2 requirement that we review the existing options and come 3 closer to getting it. Now we think we have met it fully in 4 getting a backup hospital just outside of the EPZ.
5 For the record, you know we have filed an appeal 6 with the commissioners pointing out that the backup 7 hospitals for most reactors in the country are 8 significantly farther away than what happens to be from 9 Limerick.
10 JUDGE HOYT: We are well a, ware that there are 11 two tracks going on this particular issue. However, our 12 sole concern here has to be with what this board has 13 jurisdiction over, namely to meet the terms of t'he remand.
A 14 I'm conscious of the fact that you have the track of your 15 appeal going, but that is separate and distinct from the 16 matters before this board.
17 MR. CONNER: Returning then back to the basic 18 point, we think we have done everything that the appeal 19 board wanted, and everything that the licensing board asked 20 us to do, namely, come forth with a, proposal. The 819 said 21 nothing about having a hearing for the sake of having a 22 hearing, and the only contention that LEA had on this was 23 number 8-12(a), which only generally discussed this, and 24 all we know at this point is that Mr. Elliott wants a 25 hearing on some unspecified ground to have a hearing. We ACE-FEDERAL REPORTERS, INC.
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,/ 1 don't know what we would have a hearing abott..
2 JUDGE HOYT: If I may interrupt you, and I hope 3 I won't destroy your train of thought but at this point in 4 time, let me go through with you some of the concerns that 5 the board has on this and that is, for example, on page 2 6 of Dr. Linman's affidavit which is that one dated -- well, 7 the copy I have before me is undated, and the only thing I 8 can seem to get from that is that this was signed before 9 the Notary Public Jane L. Hallsey. So if that is the one 10 you are looking at, that's the one I'm referring to. And 11 on page 2 of that -- April 4, 1985 is the date of the 12 particular thing, this particular affidavit. Page 2 of 13 that in paragraph 3 you speak of the plans and procedures t ;
14 for handling radiation injury which the Montgomery -- I 15 should be saying Dr. Linman referred to those set plans and 16 procedures for handling radiation injuries. But I believe 17 as you go ahead and read the paragraph there is not a very 18 specific designation of what plans and procedures are 19 available.
20 Paragraph 3 there's also -- I believe in 21 paragraph 3 also a vague reference to the - yes, training 22 of the emergency room staff and new members of the hospital, 23 et cetera. I believe that the board considers this l
24 affidavit -- it does not meet what we believe the appeal' 25 board was asking for in this remand. Therefore, if you m
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, -z 1 could beef up that particular affidavit with the specifics
i 2 with which we think the appeal board is calling for here, 3 that perhaps would suffice.
4 Let me ask you, Mr. Elliott, have I covered 5 anything -- failed to cover anything that you feel might be 6 needed f rom your point of view?
7 MR. ELLIOTT: You anticipated my problems with 8 the affidavit being the sole basis upon which a decision 9 could be rendered. The board has anticipated my problems 10 with the Linman affidavit. My only other observation would 11 be that while beefing up the affidavit might take care of 12 some concerns, it is difficult for me to anticipate the 13 extent to which that might be beefed up. The two things j 14 that I would be looking for would be a copy of the actual 15 procedures to be used and some kind of a detailed listing 16 of the equipment that PECO has agreed to provide and also 17 some more precise description of what training is actually 18 going to be done. Perhaps if I could be provided with some 19 details about those three items, then perhaps need for a 20 hearing might be obviated.
21 JUDGE HOYT: Let me ask you this, Mr. Elliott.
22 Mr. Conner and Mr. Rader, your response on this 23 too would be valuable.
24 Suppose Dr. Linman were to be made available to 25 you, Mr. Elliott, for a deposition and you deposed him v
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(} l along the lines that you have asked for here, and 2 Mr. Collins and Mr. Rader would have Dr. Linman available 3 on a date agreeable to the LEA counsel. Would that suffice?
4 Could it be done and would you do it?
5 MR. CONNER: If you are suggesting that we let 6 Mr. Elliott take Dr. Linman's deposition and submit that 7 unless some new point was raised --
8 JUDGE HOYT: I'm not suggesting that, Mr. Conner'.
9 I believe the three areas that Mr. Elliott has addressed 10 here -- that is the copy of the actual procedures, the list 11 of the equipment and a description of that training that 12 the Montgomery County Hospital would have -- are the three 13 areas that he at this time anticipates having problems or
) 14 has problems with that he anticipates his case would be 15 based on --
16 MR. CONNER: In general, we can say the same 17 answers that Dr. Linman gave to LEA concerning Pott:3 town 18 Hospital would be applicable here.
19 JUDGE HOYT: Let's me say this, Mr. Conner.
20 We've been down this road in this case so many times, if we 21 try to piggyback on to this case some testimony that is 22 asserted to another hospital, we simply generate another 23 line of problems. Let's meet this particular problem by 24 getting ahead and getting an affidavit -- beg your pardon --
25 a deposition taken of Dr. Linman in regard to the
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25430.0 21099 KSW 1 Montgomery County Hospital. That's the only hospital in 2 issue.
3 MR. CONNER: My point is a quite different one.
4 Shifting the burden of proof to us to prove that there's 5 nothing wrong when in fact all we have here is an 6 Intervenor who didn't oven raise questions specifically 7 about some of the points he is now raising, and we have to 8 get Dr. Linman, who is a very busy man, an important man 9 doing good work, to come and sit down and defend a 10 generality against any questions somebody might think up, I 11 submit that under 2.714, it is up to LEA to try to como 12 forward with something before we have to trespass on 13 Dr. Linman's time.
(j 14 ' JUDGE HOYT: Mr. Conner, I believe -- I a'l least 15 hope I did make it clear that the time and the circumstances 15 of taking any deposition would be mutually agreeable to the 17 parties, both parties proferring the witness and to the 10 counsel wishing to cross-examine this witness on the 19 testimony, and I think that that is reasonable.
20 You have proffered the testimony of Dr. Linman 21 in this case and it does not apparently suffice and I must 22 say I'm not that happy with the affidavit as I have gone 23 through it. I believe there are some gaps in it that in 24 order to complete the very limited issue that is before us, 25 I think we're fighting a nonexistent problem. I for one
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25430.0 21100 KSW l would simply like to get on with it and get it answered, 2 and I think if you can get Dr. Linman availabic for a 3 deposition at a mutually agreeable time -- I certainly 4 don't expect anything unreasonable, but this man is a 5 witness in the case now.
6 MR. CONNER: I would like to make a distinction, 7 Judge Hoyt, for the record, in case this goes back to the 8 appeal board. The sole issue we see the appeal board sent 9 back was to get a backup hospital, not to engage in 10 reopening the hearing to explore all of the possible 11 procedures and training of staff members of each person in 12 this hospital. We think we have solved that.
13 JUDGE HOYT: I agree completely with what you
() 14 are saying.
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15 MR. CONNER: Mr. Elliott apparently wants to 16 reopen everything about this and have a wide-ranging 17 investigation of the Montgomery Hospital and we submit that 18 is way beyond whatever the appeal board intended.
19 MR. ELLIOTT: I disagree --
20 JUDGE HOYT: Mr. Elliott, please let me finish.
21 Mr. Collins, I agree with you that we are not reopening the 22 issue. We are simply trying to plug the holes that the 23 appeal board apparently has designated exist in this case.
24 It is a very -- if you will pardon my characterizing it, it 25 is a BB snot type of a hole which I think we can fill very O
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25430.0 21101 KSW l easily with perhaps having this witness made available. We 2 are limited to that one hospital. There are three areas 3 which I think exist, that is the actual practice and 4 procedures, I think failure to identify them as well as 5 there needs to be; the actual practice and procedures of 6 the hospital, the backup hospital; the equipment that the 7 backup hospital has available and what training.
8 I agree with you that we are not reopening the 9 issue. We are simply trying to identify, which apparently 10 has not been done in this record, those particular 11 procedures as to Montgomery Hospital. Why can't we just do 12 that and not have a great deal of difficulty with it?
13 MR. CONNER: As I can't resist the analogy of
() 14 using a 60-megaton bomb to plug a BB hole, but I will call 15 Dr. Linman and see if we can get a time that he can submit 16 to this deposition in Philadelphia and see if -- and I will 17 write a letter and advise the board and the parties that he 18 can be available on such and such a date.
19 JUDGE HOYT: Can you give to Mr. Collins -- and 20 we will leave this line open for that conversation to occur 21 between you two after we have completed this conference --
22 those times at which you are available to take that 23 deposition?
24 MR. ELLIOTT: Sure, I can do that. I would like 25 to add one other comment, that in conjunction with the rm
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~, 1 deposition, it will be necessary for me to examine the g
2 relevant documentation with respect to the three areas.
3 JUDGE HOYT: What documentation do you 4 anticipate wanting, Mr. Elliott, other than perhaps the 5 agreement between the licensee and the hospital?
6 MR. ELLIOTT: The actual written procedures, 7 assuming that there are written procedures, listing the 8 actual equipment to be provided and copies of any manuals 9 or other information given to the hospital personnel for 10 purposes of the training.
11 JUDGE HOYT: Let me stop you and ask you, 12 Mr. Elliott, did you have these particular documents 13 available at the time that the primary facility was
() 14 designated and did you proceed in any examination along 15 those lines as to the primary medical facility?
16 MR. ELLIOTT: I believe that we had some 17 additional information. Whether we had the actual full 18 written procedures, I'm not certain, but I think I had 19 conversations directly with some hospital personnel which 20 may have obviated the need for written procedures, I don't 21 have that kind of contact with Montgomery Hospital.
22 MR. CONNER: We'll have to review the record but 23 I don't believe there was any discovery request connected 24 to this. I would also say that, here again, I haven't any 25 idea what Montgomery Hospital may or may not have in ACE-FEDERAL REPORTERS, INC.
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( 1 detailed procedures, but if they are like most hospitals 2 handling radiological things, it will necessarily be the 3 general procedures that one would expect any radiologist or 4 physician handliag such things to have. So obviously you 5 are not going to have detailed emergency procedures and 6 manuals the way you would for the emergencies at the site.
7 MR. ELLIOTT: Be that as it may, if Dr. Linman 8 offers an opinion that certain procedures are adequate, 9 we're entitled to see what procedures h'e is talking about.
10 MR. CONNER: You ' re assuming that there are 11 written standards and they may not be written.
12 MR. ELLIOTT: If there are procedures that are 13 not written, I think that's a material fact and I'm
, 14 certainly entitled to inquire into the nature of the 15 procedures albeit that they are unwritten.
16 MR. CONNER: Without agreeing to your point, 17 when will you be available?
18 JUDGE HOYT: I believe, Mr. Conner, I ask that 19 you hold that and discuss that with Mr. Elliott after we 20 have completed the conference. We'll leave this line open 21 for purposes of you conferring with Mr. Elliott on that 22 matter after we have completed the conference.
23 MR. CONNER: Judge Hoyt, let me ask you that 24 this be disposed of expeditiously. I don't want this to 25 drag on like so many other things, not the fault of this
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2 JUDGE HOYT: Any criticism of this board and me 3 in particular has been that it has been handled too 4 expeditiously.
5 MR. CONNER: I don't want another paralysis by 6 analysis, is my point.
7 JUDGE HOYT: Mr. Rutberg, any comment?
8 MR. RUTBERG: We'll be prepared and would like 9 to participate.
10 MS. FERKIN: I wish to participate. To the 11 extent we can come up with an agreeable time, I would be 12 interested in participating.
13 JUDGE HOYT: We'll hold that matter for the O
x_/ 14 parties after the conference has been completed.
15 Assuming that the most desirable events occur 16 and that the deposition cures all these evils, which is 17 always very doubtful, let me also advise the parties that 18 the board has examined its own schedules and assignments
. 19 for the month of January, and we would like to resolve this 20 particular event prior to the 17th of January. Is there l
21 any foreseeable event that would prevent that from the 22 position of the parties?
23 Let me start off with you, Mr. Conner, first.
24 How about from the licensee's point of view; would you have 25 any problems with that?
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- 1 MR. CONNER
- Our problem is only Dr. Linman's
.s' 2 availability. He's a very busy doctor, and getting him is 3 our only problem.
4 JUDGE HOYT: Right. Mr. Elliott?
5 MR. ELLIOTT: I don't anticipate any problems 6 with that. My only observation might be that I had about 7 four or five days of depositions scheduled earlier in 8 December which have now been continued to sometime after 9 the beginning of the year but have not been specifically 10 rescheduled. So as of now, I don't anticipate any problems.
11 JUDGE HOYT: From the point of view of this 12 board, if we cannot get this matter resolved by about the 13 17th, we are uncertain as to when we could get the board
_ 14 together because of other assignments and commitments. So 15 for any potential hearing that might have to occur.
16 MR. RUTBERG: Staff has no problem with that 17 date.
18 JUDGE HOYT: Very well. Ms. Ferkin?-
19 MS. FERKIN: Commonwealth may run into some 20 problems but would not want to impede the speedy resolution 21 of this issue, so I will accommodate the needs of the other 22 parties.
23 JUDGE HOYT: Very well. Just a moment.
24 (Discussion off the record.)
25 JUDGE HOYT: The board has a concern as a whole
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25430.0 21106 KSW l here and we have just discussed this among ourselves and
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c 2 that caused us momentary delay here. The board members 3 would like to be sure that the parties understand that what 4 we are saying is that we would like to resolve the matter 5 so far involving any depositions taken, any testimony 6 exachanged among the parties, and the matter being resolved 7 by a hearing no later than January 17 because af ter January 8 17 and for the balance of January and into March --
9 February and March, the board members are tied into other 10 hearing schedules. We just wanted to be sure that the 11 parties understood that. Mr. Elliott, do you intend to or 12 do you anticipate any testimony that you may wish to 13 present on this issue were it to go to a hearing?
A) t y, 14 MR. ELLIOTT: It is difficult for me to say --
15 JUDGE HOYT: Mr. Elliott, I'm not going to be 16 willing to accept that and I'll tell you why. This is on a 17 I very limited issue. Either the hospital is or is not 18 qualified as a backup facility. It is a very limited thing.
19 If you find from the examination of the licensee's 20 witnesses that it is not so qualified under 5047, then you 21 will know that very quickly and are going to have some 22 certain procedures and techniques that you are going to 23 invoke, some of which may be with expert witnesses of your 24 own.
25 What I am saying to you is simply if you have N
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'n J, 2 know that, I want those witnesses made available to the 3 applicant for deposition. If you don't have those, then I 4 believe we should be able to probably decide the issue of 5 whether or not this is or is not an adequate backup 6 facility from the record in the affidavit and in the sworn 7 testimony that would have been taken by the licensee and 8 which probably you will participate in to a certain extent 9 in your examination of this witness, Dr. Linman, and any 10 others that may be at the hocpital. So we're not going to 11 go to a hearing if you have no other examination to offer 12 except cross-examination of the applicant's witnesses.
13 MR. ELLIOTT: Certainly. I would even have --
g
(_/ 14 it is -- my only reluctance in indicating at the outset my 15 intentions with respect to a witness or the fact that I 16 don't even know whether any sort of a hearing will be 17 necessary is given the fact that based on what I can see 18 are the procedures and so on, I may be completely satisfied 19 with what PECO provides. But having seen nothing to date, 20 you know, I can't make any predictions about what the 21 necessity for hearing might be, what the necessity for a 22 witness might be.
23 JUDGE HOYT: That's understandable. The board 24 is not in any fashion indicating to you otherwise. We 25 understand that, but we also are trying to warn you that if
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2 you would offer in a hearing, then we feel this matter 3 could probably be resolved on the pleadings that would be 4 filed.
5 MR. ELLIOTT: Or on the copy of the deposition 6 maybe.
7 JUDGE HOYT: Exactly.
8 MR. ELLIOTT: I understand that.
9 JUDGE HOYT: Anything else that we have to 10 discuss with the board?
11 MR. CONNER: Let me ask one question here I want 12 to raise. As I understand Mr. Elliott's desires, he only 13 wants to take the deposition of Dr. Linman. For the record, l)_
14 the agreement with Montgomery Hospital is signed by 15 Mr. Harry Gaiman, the president of Montgomery Hospital, and 16 sent to Dr. William F. Hushion, H-u-s-h-i-o-n, the medical 17 director of Philadelphia Electric Company. Do we 18 understand that Mr. Elliott does not wish to interrogate 19 either of those gentlemen?
20 MR. ELLIOTT: You're asking me to buy a pig in a 21 poke, so to speak. I'm not going to commit that I might 22 not be interested in examining one or two of those people 23 depending on what happens. If, for example, Dr. Linman 24 testifies that there are no written procedures and that he 25 testifies simply from what he understands to be the sort of
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2 I may well consider that testimony to be inadequate and I 3 would like to know then what the procedures are in place at 4 Montgomery Hospital. So I can't possibly tell you in 5 advance as to whether I might need to examine another 6 witness or not. That will plainly depend upon the extent 7 of Dr. Linman's knowledge.
8 MR. CONNER: May I request that the board 9 perhaps set this down for a hearing on the 16th or 17th of 10 January just in case we end up --
11 JUDGE HOYT: We've already made plans to do that, 12 Mr. Conner. One of the nice things about it is I think 13 this board has sat with this case so long we anticipated
\,) 14 just such a need, so we are already prepared for that. It 15 would be very probably in Philadelphia on either the -- let 16 me get my calendar -- the 15th or 16th of January. No, I 17 beg your pardon, either the 16th or 17th of January. You 18 might want to remember those two dates in the event that we 19 were to go to hearing, we expect all the discovery to have 20 occurred prior to the the time that we would have to be 21 ready for hearing.
22 Mr. Conner, also, along the lines of what 23 Mr. Elliott was mentioning to you, I don't recall and my 24 colleagues on the board de not recall seeing the copy of 25 the agreement that you say exists between the company and L/
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C 2 We do not have that in the record.
3 MR. CONNER: It was attached to our proposal.
4 JUDGE HOYT: Let me go back. Perhaps I did miss 5 it, then.
6 (Discussion off the record.)
7 JUDGE HOYT: Mr. Conner, in the copy of the 8 submission that you gave us on the 4th -- I beg your pardon.
9 That's not the correct one. Just a moment. Is the 10 agreement that you are referring to the letter from the 11 Montgomery County Hospital to the medical director of the 12 Philadelphia Electric, Dr. Hutchins?
13 MR. CONNER: The letter is the attachment to the
( 14 proposal. The letter is dated November 15, 1985 --
15 JUDGE HOYT: That's the letter I'm referring to.
16 MR. CONNER: It is identical to the one that was 17 with the Pottstown Hospital.
18 JUDGE HOYT: I think the objection, as I recall 19 Mr. Elliott's pleading, Mr. Conner, was that this is merely 20 the letter of the Montgomery County Hospital and does not 21 reflect that the PECO company has accepted the terms and 22 has the same understanding that the Montgomery Hospital has 23 here. And I think that's probably the objection that he 24 had to it, if I recall his pleadings correctly.
25 Mr. Elliott, correct me if I'm in error on that.
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25430.0 21111 KSW 1 MR. ELLIOTT: You are not in error.
V{'S 2 JUDGE HOYT: I think that's the point, 3 Mr. Conner. Apparently a description of the terms. It is ,
4 not, however,'the agreement itself.
5 MR. CONNER: Yes, it is the agreement, and it is 6 in identical form to the one with Pottstown. No such 7 objection was raised in the hearing. There was no reason
. 8 for us to believe that LEA would change its position.
9 JUDGE HOYT: It is being raised here now, and I 10 want to clarify it by simply getting the agreement in 11 writing and being somehow before us on this record.
12 MR. CONNER: The only agreement that exists is 13 the November 15, 1985 letter which we, Philadelphia
(_) 14 Electric Company, have accepted.
15 JUDGE HOYT: Well then, perhaps the only 16 additional feature that might be necessary, Mr. Conner, 17 would be an affidavit of the company stating precisely that, 18 that they have accepted the terms as described in that 19 letter. If we were to get that, Mr. Elliott, would that 20 suffice for your cause?
21 MR. ELLIOTT: That would satisfy the objection 22 that I had with respect to --
23 JUDGE HOYT: Yes, I think it should.
24 MR. ELLIOTT: Sure. It places the obligation 25 upon PECO to, you know, carry their side of the bargain.
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1 One other point that --
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2 MR. CONNER: Por the record, before we lose this 3 in the tranedript, I would like~to note on page 3 of our 4 proposal, I recite as counsel for PECO, "PECO has entered 5 an agreement with Montgomery Hospital to serving as a 6
second backup. A copy of the agreement is attached."
7 The first paragraph of the letter agreement 8 dated November 15, 1985, states,."This letter confirms the 9 verbal understanding reached between Montgomery Hospital 10 and Philadelphia Electric Company, PECO."
1 11 i We will submit an affidavit from somebody saying, 12 yes, PECO agrees to this. But I think that on the basis of 13 our pleading in this proposal, it would be unnecessary.
() 14 JUDGE HOYT Mr. Conner, as we have all found 15 out a number of times in-this case and I'm sure others that 16 we have all been involved in through the years of practice, 17 that doesn't always make the grade. I don't see any point 18 -in hazarding that it will not in this one by not providing l
19 it. Let's do it and not concern ourselves with the matter 20 ' further. There's no objection to that as a means of 21 solving the problem.
. 22 MR. ELLIOTT: One other matter: In order to 23 make the arrangements for deposition meaningful, it will be --
24 and perhAps I'll empha's ize this -- I need to see whatever 25 documentation exists with respect to these procedures, 1
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,- 1 equipment and training. What I would like to do is perhaps
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2 if I can get a commitment as to a certain date when I might 3 receive that documentation so I can review it prior to 4 scheduling the deposition.
5 MR. CONNER: I would note again that this is 6 inconsistent with the procedure followed by LEA on the 7 Pottstown Hospital, and I am not at all sure that there are 8 any written procedures, and I further submit that this is a 9 deposition, and we could bring whatever documentation there 10 is to the procedure, to the deposition contemplated by the 11 rules and let him examine them then.
12 MR. ELLIOTT: I would like to make two points.
13 It makes for an awfully inefficient deposition, and
() 14 requires time to review the documentation. There's no need 15 to take up Dr. Linman's time while I review the 16 documentation that could easily be sent to me in advance.
17 The other comment I would have is the letter 18 from Montgomery Hospital to medical director of PECO 19 recites that PECO is going to provide procedures. If 20 procedures are not written, how is it going to provide any 21 such procedures? That may well be a matter that I should 22 inquire as to the president of the Montgomery Hospital 23 about. What does it mean in this letter? I think it is a 24 simple matter, for whatever procedures and documentation 25 there is, just send it in the mail so I can look at it. It g
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) I would make things go a lot quicker.
2 MR. CONNER: All I can say is they are the same 3 as for Pottstown.
4 MR. ELLIOTT: I've never seen them.
5 JUDGE HOYT: Let's get it nailed down as to the 6 Montgomery County Hospital, and if they are written, get a 7 copy of them ovec to counsel as soon as possible. I think 8 that the procedure would work very well if you have them 9 available by the end of this week. Mr. Elliott could i
10 ,
examine them. I would suggest this to you, although it; is 11 not.a requirement of the board but merely as a matter of 12 methodology, you may wish to make available a flock of 13 people who woulyd,be able to respor:d to the questions on the K--
14 procedures of that hospital and identify them for 15 Mr. Elliott, which may save some time as well. Anything 16 else?
17 MR. CONNER: This is Wednesday afternoon. These 18 people are busy people, and I don't know that we can get 19 them for Mr. Elliott by the end of the week.
20 JUDGE HOYT: Well, Mr. Conner, the sooner the 21 better. If not by the end of the week then the first of 22 next week. If not the first of next week, at.least by the 23 middle and so forth down the line until you get the 24 material available because the more quickly available it is i 1
25 to the counsel, the more quickly we can solve this n
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(' 1 particular remand problem.
2 I would hope that we could do this without a 3 hearing but again, if we can't, the board is perfectly 4 prepared to go. We only have the limitation, as I 5 mentioned to you before, that the board has -- other 6 members of the board have other commitments on other cases 7 that would require that we terminate this matter as quickly 8 as possible without any encumbering the record in any way, 9 and we would like to do that so we may meet our other 10 commitments. So if you can't, we'll have to schedule this 11 much later on in the year, perhaps even as late as February 12 or early March, so we feel it is worth the effort of trying 13 to do it as quickly as possible.
7 5/ 14 MR. CONNER: I'm hoping we'll be able to grab 15 Dr. Linman next week.
16 JUDGE HOYT: Very well. Anything else, 17 Mr. Rutberg?
18 MR. RUTBERG: Nothing else.
19 JUDGE HOYT: Very well. Are you speaking for 20 both gentlemen?
21 MR. RUTBERG: I speak for both of us.
22 MS. FERKIN: I have nothing to add.
23 JUDGE HOYT: Very well. We are going to leave 24 this line open. The board will close the conference at 25 this time and the reporter will terminate the conference o
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25430.0 21116 KSW 1 when I indicate it should be. I want this line open, m-2 however, and so the parties may make these arrangements at 3 this time. Having no other matters to bring before this 4 particular conference, the board closes at this time.
5 (Whereupon, at 2:40,p.m., the telephone 6 conference was concluded.)
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L CERTIFICATE OF OFFICIAL REPORTER n
This is to certify that the attached proceedings before the UNITED STATES NUCLEAR REGULATORY COMMISSION in the matter of:
.NAME OF PROCEEDING: PHILADELPHIA ELECTRIC COMPANY (Limerick Generating Station, Units 1 and 2)
DOCKET NO.: 50-352 OL, 50-353 OL PLACE: WASHINGTON, D. C.
DATE: WEDNESDAY, DECEMBER 18, 1985 were held as herein appears, and that this is the original transcript thereof for the file of the United States Nuclear Regulatory Commission.
(sigt r/Y)lf n N (TYPED)
KATHIE S. WELLER Official Reporter ACE-FEDERAL REPORTERS, INC.
Reporter's Affiliation J
.