ML20203M861

Transcript of 860903 Telcon in Washington,Dc Re ALAB-845 Issued on 860828.Pp 21,353-21,378

ML20203M861
Person / Time
Site:	Limerick
Issue date:	09/03/1986
From:	Atomic Safety and Licensing Board Panel
To:
References
CON-#386-624 ALAB-845, OL, NUDOCS 8609050077
Download: ML20203M861 (26)

Text

_- _ _ _ _ . . . . _ _ ._ _ . . _ ._

OTGI\AL O UNITED STATES NUCLEAR REGULATORY COMMISSION IN THE MATTER OF: DOCKET NO: 50-352 OL 50-353 OL PHILADELPHIA ELECTRIC COMPANY (Limerick Generating Station, Units 1 and 2)

TELEPHONE CONFERENCE o .

LOCATION: WASHINGTON, D. C. PAGES: 21353 - 21378 l

DATE: WEDNESDAY, SEPTEMBER 3, 1986 l

l l

.-0, b I

(

ACE-FEDERAL REPORTERS, INC.

O OffcalRe;wrters 444 North CapitolStreet 86 WasWon, D.C. 2m

/, DOCK 050ohs 2 NO'703co77 g PDR (202) 347-3700 T

NATIONWIDE COVERAGE

21353 CR28010.0 OMT/dnw UNITED STATES OF AMERICA 2

NUCLEAR REGULATORY COMMISSION 3

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 4

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _x In the Matter of:  ;

6 "

PHILADELPHIA ELECTRIC COMPANY Docket No. 50-352 OL 7  :

50-353 OL (Limerick Generating Station,

TELEPHONE CONFERENCE 8 Units 1 and 2) ,

- - - - - - - - - - - - - - - - - -x 9

10 Room 402 Ace-Federal Reporters, Inc.

11 444 North Capitol Street, N.W.

Washington, D. C.

12 Wednesday, September 3, 1986 c+ ' .

(v ) 13 The telephone conference in the above-entitled matter convened at 3:14 p.m.

15 BEFORE:

16 JUDGE HELEN F. HOYT, Chairman 17 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission yg Washington, D. C.

JUDGE JERRY HARBOUR, Chairman 19 i Atomic Safety and Licensing Board i j U.S. Nuclear Regulatory Commission 20 i Washington, D. C.

I 21 l

22 23 l

-- continued --

24 .

/)

'w_/ l 25 l Aa-FEDERAL REPORTERS, INC.

l 202-347 3700 Nationwide Coverage 800 336-6646

21354 APPEARANCES:

2 On behalf of Philadelphia Electric Company; TROY B. CONNER, JR.,

4 Conner & Wetterhahn, P.C.

1747 Pennsylvania Avenue, N.W.

5 Washington, D. C. 20006 6 On behalf of the Commonwealth of Pennsylvania; 7 MARK GOODWIN Commonwealth of Pennsylvania 8

Emergen y Management Agency Room B-151 Transportation & Safety Building 9 Harrisburg, Pennsylvania 10 On behalf of Graterford Correctional Institution Inmates; 11 ANGUS R. LOVE, ESQ.

12 - Montgomery County Legal Aid Service 107 East Main Street

(~)

13 Norristown, Pennsylvania I9401 14 On behalf of the Nuclear Regulatory Commission Staff; 15 BENJAMIN H. VOGLER, ESQ.

16 Deputy Antitrust Counsel Office of the Executive 17 Legal Director U.S. Nuclear Regulatory 18 Commission Washington, D. C. 20555 19 Also present:

20 Mr. Otto 21 22 23

,. 24

( )

x/

25 ACE-FEDERAL REPORTERS, INC.

m.347 3700 Nationmde Coverage 800 336-6646

0100 01 01 21355 1 OMTbur 1 PROCEEDINGS 2 JUDGE HOYT: Thank you, Operator. Thank you for 3 joining in this call this afternoon.

4 The call concerns ALAB 845, which the Appeal 5 Board issued on August 28th, 1986. Does everyone have that 6 . served on them properly?

7 VOICES: Yes.

8' JUDGE HOYT: Let's see, if no one has it, please 9 answer then. I think that would be the easiest way.

10 MR. GOODWIN: I don't have it. This is 11 Mr. Goodwin. I don't have it, your Honor, since the 12 majority of the work in that area has been handled by

(~h

\/ 13 Mr. Otto for Department of Corrections.

14 JUDGE HOYT: I think this is Mr. Goodwin, isn't 15 it?

16 MR. GOODWIN: Right. Mr. Goodwin.

17 JUDGE HOYT: Yes, Mr. Goodwin, I think that it 18 was served on Mr. Otto, and that is the reason it was not 19 served on you if I understand the way in which the Appeal 20 Board has served this.

21 MR. GOODWIN: Right, and that is fine with me.

22 Like I said, they have been the primary, the lead agency for 23 the Commonwealth. So I am sure that is why it was served on 7- 24 them and not on me.

1 N-))

25 JUDGE HOYT: Very dell. I don't think there is ACE-FEDERAL REPORTERS, INC.

202-347-3700 Nationwide Coverage 800-336-6646

0100 01 02 21356 OMTbur 1 any prejudice then.

2 The reason for the call is that the Board has 3 determined that it must handle this appeal apparently more 4 quickly than it has anticipated that would be possible.

5 We have determined that the date of September the 6 22nd is about the.only date on which this Board can hear the 7 remand, and in setting it up for the hearings on that date, 8 we will have to take some short cuts, considering that 9 discovery will begin today on the matters in 845 that the 10 Appeal Board addressed.

11 The second thing is that we can do that by not 12 requiring any prefiled testimony. However, I believe, n

(-) 13 Mr. Otto, that the burden is going to be mostly upon you 14 because if we don't go with prefiled testimony we are going 15 to have to at least give the Prisoners' Counsel an 16 opportunity to know who those witnesses are and an 17 opportunity to depose them or to in some way have discovery 18 on those witnesses.

19 How soon do you feel that you could put together 20 your witness list for the counsel for the Prisoners, 21 Mr. Otto?

22 MR. OTTO: Judge Hoyt, quite candidly, we just 23 received the order yesterday, and we have begun work on it.

24 JUDGE HOYT: Let me suggest a date to you then, 7-25 Mr. Otto. Could you do it by September the 12th? That ACE-FEDERAL REPORTERS, INC.

202-347-3700 Nationwide Coverage 800-33M686

0100 01 03 21357 t'~'

l_ TOMTbur 1 would be Friday, a week from this coming Friday.

2 MR. OTTO: Okay, the Commonwealth -- this is 3 Mr. Otto again for the court reporter -- we will have our 4 witness list to Mr. Love on Friday, September 12th.

5 JUDGE HOYT: All right. Mr. Love?

6 MR. LOVE: Yes.

7 JUDGE HOYT: Mr. Love, that will give you 8 approximately a week and two weekends to handle that witness 9 list, that list of witnesses and to do your interviewing in 10 that length of time. I think it is pretty set who the 11 witnesses will be, more than likely.

12 If Mr. Otto can get some information to you 13 sooner than that, I would urge him to do so.

14 MR. LOVE: Can I ask a question relevant to the 15 issue that is before us?

16 JUDGE HOYT: Is this Mr. Love?

17 MR. LOVE: Yes.

18 JUDGE HOYT: Yes, yea.

19 MR. LOVE: I was wondering if Mr. Otto is going -

20 to go along with the manpower mobilization plan as it now 21 stands; i.e., the pyramiding system dependent upon 22 commercial phone lines, or whether he is going to alter it 23 in light of the comments in the opinion.

24 JUDGE HOYT: Well, this is Judge Hoyt. I wonder O 25 if we could approach that a little bit differently, ACE-FEDERAL REPORTERS, INC.

202-347-3700 Nationwide Coverage 800 336-6646 .

0100 01 04 21358

$h0MTbur 1 Mr. Love, and try it this way.

2 The plan itself -- and I don't have the reference 3 to the plan here, and this Board does not have a copy of the 4 Graterford plan. I wonder, Mr.' Otto, can you in some way, 5 f without disclosing anything that is classified -- and please 6 tell me if it is, if I am getting in an area where I 7 shouldn't be -- if the notification system is clearly laid 8 out in the Graterford plan. I must confess my recollection 9 is not that good of it.

10 MR. OTTO: This is Mr. Otto for the court 11 reporter.

12 MR. CONNER: Hello. This is Conner. If Mr. Otto

~

13 is speaking, we can't hear him.

14 JUDGE HOYT: Well, he wasn't speaking, 15 Mr. Conner. That is the reason you didn't hear him. I 16 think he is just coming on now.

17 MR. OTTO: Yes, this is Mr. Otto again.

18 My recollection is that the actual notification 19 . system itself is really contained in and is a part of our 20 general emergency plan that we use for, shall we say, 21 every day kind of emergencies and would be used and is 22 referenced to in the Graterford radiological emergency 23 response plan just as using that plan for this plan, too. I 24 mean, there was no need to create a totally new and t )

1. different notification system, at least in our point of 25 ACE-FEDERAL REPORTERS, INC.

202-347-3700 Nationwide Coverage 800-336 & 46

t 0100 01 05 21359 d bMTbur 1 view at the time we put the plan together.

2 JUDGE HOYT: I think that perhaps answers your 3 question, Mr. Love.

4 MR. LOVE: Yes.

5 MR. CONNER: I am sorry, this is Conner again. I 6 heard Mr. Otto talking, but I couldn't tell what he said.

7 MR. VOGLER: This is Mr. Vogler. We couldn't 8 hear Mr. Otto either.

9 JUDGE HOYT: Very well. Let me see. Mr. Otto, ,

10 are you using a speaker phone?

11 MR. OTTO: No, ma'am.

12 JUDGE HOYT: Well, then would you repeat what you o

(.) 13 just said to us, and will you say it just a bit loude'r so 14 that the other parties can hear it?

15 MR. OTTO: This is Mr. Otto again.

16 What I said was that the pyramid manpower call-up 17 system is contained in an emergency plan that is used for 18 other emergencies at the Graterford institution, and the 19 radiological emergency response plan just refers to that 20 process that is already in place, and that was in response 21 to a request -- to your question as to whether or not the 22 notification system, the specifics of it, were in the 23 radiological emergency response plan.

24 JUDGE HOYT: Does everyone have that?

(,~'1 25 Mr. Conner?

ACE-FEDERAL REPORTERS, INC.

202-347-3700 Nationwide Coverage 80 4 336-6646

0100 01 06 21360 jlh0MTbur 1 MR. CONNER: Yes, I heard that fine.

2 JUDGE HOYT: Mr. Vogler.

3 MR. VOGLER: Yes.

4 While I have the speaker phone here, the 5 speaker's position here, I was wondering if that witness 6 list could be made available to our FEMA witnesses as well.

7 JUDGE HOYT: Oh, yes, it certainly was my intent 8 to indicate that it should be made available to everyone on 9 that date, but I was mostly concerned about it being 10 available to Mr. Love on that day and before if possible to 11 give the Prisoners' counsel as much leeway as possible to 12 meet our September the 22nd hearing date.

() 13 Yes, you understand, Mr. Otto, that the witness 14 list would be served on all the parties?

15 MR. OTTO: Certainly, Judge Hoyt.

16 JUDGE HOYT: Sure. All right.

17 JUDGE HARBOUR: This is Judge Harbour. I just 18 had a question.

19 Does Mr. Love anticipate putting on any 20 witnesses?

-21 MR. LOVE: Well, that was why I asked the initial l

22 question regarding whether it was going to be the same 23 system or not. If it is the same system, I may be able to 24 rely on the remarks already in the record with regard to 25 Rick Brown, which was cited in the opinion, and I may ACE-NEDERAL REPORTERS, INC.

202-347-3700 Nationwide Coverage 80433644 4

0100 01 07 21361

(")

L_ OMTbur 1 attempt to update that. I understand a new system has been 2 in place, and I may try to get some information from an AT&T 3 technician. That would be about all I would contemplate at 4 this time.

5 JUDGE HOYT: Very well. Does anyone else have 6 any other questions?

7 MR. CONNER: This is Conner.

8 Mr. Brown, as we are reconstructing it, testified 9 in another phase of the emergency plan contentions which, in 10 relation to the points relied upon by the Appeal-Board, was 11 not relevant to those earlier contentions. So if 12 Mr. Brown's testimony is to be relied upon by the inmates, O

\/ 13 we certainly would want him available for i

14 cross-examination.

15 MR. LOVE: Well, I will do what I can in that 16 regard.

I 17 MR. CONNER: Stated conversely, we would object 18 to any use of Mr. Brown's testimony for this remand at issue 19 unless he were available for cross-examination, i 20 JUDGE HOYT: I believe that given the length of 21 time between the time that Mr. Brown testified and that his 22 testimony concerned another township, I think all of those

~

23 things mitigate against using his prior testimony in this 24 particular hearing to resolve these issues.

O 25 I would also like to point out to you, Mr. Love, i

ACE-FEDERAL REPORTERS, INC.

202-347-3700 Nationwide Coserage 800w 336 696 l

0100 01 08 21362 Ih0MTbur 1 that the testimony of Mr. Brown was cited only insofar as 2 any problem might result from the mobilization contention 3 that we are going to hear, what effect, if any, the 4 resolution of that issue has on the EPE, which is the way 5 the Appeal Board put it.

6 I think that is on page'41 of the 846 remand --

7 845, whichever it is -- 845.

8 All right, I think also that it must be 9 understood at this point that the resolution of the manpower 10 mobilization contention is going to hav.e to impact upon 11 whether or not we hear anything concerning the EPE. I think 12 the threshold for any cestimony on the EPE, Mr. Love, is

()

13 whether or not the manpower mobilization contention has been 14 carried by the Prisoners or not.

15 MR. LOVE: I would agree with that.

16 JUDGE HOYT: Yes, very well.

17 MR. VOGLER: Judge Hoyt?

18 JUDGE HOYT: Yes.

19 MR. VOGLER: This is Ben Vogler for the Staff.

20 I would like -- I am going to have to get back 21 with FEMA to see about the 22nd of September.

22 JUDGE HOYT: Well, Mr. Vogler, of course we would 23 have to urge that upon you, but this is the only date that 24 would be available for us.

('_ 25 MR. VOGLER: I understand.

ACE-FEDERAL REPORTERS, INC.

202-347-3700 Nationwide Coverage 804 33 4 646

. 0100 01 09 21363 OMTbur 1 JUDGE HOYT: Yes.

2 MR. VOGLER: And do I understand at the very 3 beginning that the testimony will be live rather than 4 prefiled?

5 JUDGE HOYT: That is correct, and the only way in 6 which to do that is to have some exchange of witness list 7 sometime prior to that so we will know.-- so the parties 8 will a't least be alertad as to who and what will be coming 9 up in the hearing itself.

10 MR. VOGLER: I understand.

11 JUDGE HOYT: Yes.

12 There were a couple of points that I wanted to be O 13

~

sure that we get in this record, and I think that possibly 14 you, Mr. Otto, will be the one we have to rely on to do 15 this.

16 The Appeal Board apparently had some' misgivings 17 as to what the definition of the dedicated line was. I wish 18 you would be sure to have that established on the upcoming

{

i 19 record.

20 Back to my notes here just a moment, I want it to 21 be clearly understood that the contention that we are going 22 to rehearing is that contention that had been previously 23 filed by the Prisoners raising the manpower issue. So it 24 has been clearly stated before.

i l

() 25 I think there were only two grounds that we had i

ACE-FEDERAL REPORTERS, INC.

Nationwide Coverage 2 336 202-347-3700

__.___..____,_.-_-646._. . _ _ - ._.-

1 0100 01 10 21364 OOMTbur A 1 accepted this -- strike that. That was another matter I 2 have, the reference to che two issues.

3 As the Appeal Board has put it on page 8 of this 4 remand, the contention -- and they state it as follows:

5 "The contention clearly raises an 6 issue that can be a proper subject 7 for the litigation in an operating 8 license pleading, the adequacy of 9 the communication system to be used 10 in the event of an emergency."

11 That is the total communication package, 12 including the call-up system.

13 I believe there may be some other testimony in 14 the record -- and I must confess, Mr. Otto, I don't recall 15 what it was at the time, but I remember we did discuss some 16 of these problems of the rail systems and the various other i

17 methods of release notification at a conference. I believe 18 it was on March 22nd, 1985. There was a state lease 19 network. I am pretty sure that it was included in there.

20 And the rail, if applicable, should be also included in your 21 presentation.

22 That, I think, would meet the problems of the 23 remand.

24 Are there any other questions?

( 25 MR. CONNER: Judge Hoyt, tais is Troy Conner.

ACE-FEDERAL REPORTERS, INC.

202 347-3700 Nationwide Coverage 800 336-6646

e 9100 01 11 21365

!mjOMTbur 1 JUDGE HOYT: Yes.

2 MR. CONNER: w'e were. focusing more on the 3 definition of the contention that the Appeal Board had '

4 stated at the top of page 15, which to some extent seemed to 5 limit the general discussion on page 8. So at the bottom of 6 page 13, they start out by saying: '

7 "We are once again faced with 8 determining the effect of this 9 action."

10 Whoops, I am sorry, I was reading in the wrong 11 place. At the bottom of page 14.

12 "It is only the adequacy of this s'

() 13 notification in the event of an

/

14 overload of the telephone network 15 that is in question."

16 And that would seem to suggest that unless there 17 were an overload the Appeal Board does not think thdt there 18 would be an inadequacy.

19 JUDGE HOYT: Does anyone else have an input on 20 this?

21 MR. LOVE: I think earlier they say something 22 that --

23 JUDGE HOYT: Is this Mr. Love?

24 MR. LOVE: Yes. Excuse me. Mr. Love speaking.

25 JUDGE HOYT: All right.

I ACE-FEDERAL REPORTERS, INC.

202-347 3700 Nationwide Coverage 800 336 6646

g , , .~

/

l a

i . .e

'9100 01 '12 . 21366 OMTbur 1 MR. LOVE: I think they ay earlier that it'goes 2 beyond, in the event of an ovenload, whichIthe initial i . -

3 decision stated was unlikely/ and they said something to the ,

4 effect that that was not sufficient to say that that was i

5 unlikely.

. l 6 MR. CONNER: Could we have that reference?

.r 7 MR. LOVE: One moment.

8 .

(Pause.) .

9 ,

~

10 j 11

~

12 13 e 14 15 16 17 18 19 20 21 22 .

23 24 0

25 -

a ACE-FEDERAL REPORTERS, INC.

202-347-1700 Nationwide Coverage 800-336-6646

l 1

0100 02 01 21367

()OMT/bc 1 JUDGE HOYT: Would that be on page 9, Mr. Love?

2 MR. LOVE: Page 11, footnote 12.

_ 3 JUDGE HOYT

All right.

4 MR. LOVE: The alleged characterization of the 5 alleged communications problem as unlikely is if were not 6 supported in the record.

7 And it'goes on to state that it doesn't take into 8 account a fast-developing action in scenario.

9 JUDGE HOYT: I believe, Mr. Connor, that the 10 adequacy of the communications system could be used in the 11' event of emergency, as I cited to you from page 8 of the 12 remand, is the -- and that's the total communication

/~%

(_j 13 system.

14 I don't believe this is limited only to the i

15 overload at all. I did not get that sense in reading the 16 remand. If some other party did -- let's try Mr. Vogler.

17 Do ou have any sense of that, Mr. Vogler?

18 MR. VOGLER: We feel that a better definition is 19 on page 8.

20 JUDGE HOYT: Yes, I think so.

21 Does that answer your question then, Mr. Connor?

22 MR. CONNOR: Oh, yes. We simply wanted :.o make 23 sure that everybody was in agreement and understood the 24 ground rule. And that's fine with us.

25 JUDGE HOYT; Yes. I think that the remand goes ACE-FEDERAL REPORTERS, INC. .

l 202-347 3700 Nationwide Coverage 80433H686

0100 02 02 21368 r3 1 ,OMT/bc 1 much further than just the over. I think that was merely 2 one part of it.

3 Do we have anything else? Let's start out with 4 Mr. Vogler first.

5 MR. VOGLER: My only problem is the minute we end 6 this conference call is to get back on with FEMA in 7 Philadelphia to see if they will be available on the 22nd, 8 bearing in mind the Board's statement about the only 9 available hearing date.

10 They told me originally that they were busy until 11 October the lith.

12 JUDGE HOYT: I realize that, Mr. Vogler, that

() 13 they have some particular internal problems at FEMA that we 14 need not go into here.

15 But I think also that there are commitments of 16 the Board Members to other matters and I think the fact that 17 they are right there in Philadelphia, where we will have the 18 hearings --

19 MR. VOGLER: I understand. And also the fact 20 that the testimony is live. But I am dealing with another 21 government agency.

22 JUDGE HOYT: I understand that. I understand 23 that, Mr. Vogler.

24 MR. VOGLER: Other than that, the staff has no O 25 problem.

ACE-FEDERAL REPORTERS, INC.

202-347 3700 Nationwide Coverage 800-336-6646

0100 02 03 21369 Ih0MT/bc 1 JUDGE HOYT: Right.

2 Mr. Otto?

3 MR. OTTO: No. We have nothing else, your Honor.

4 JUDGE HOYT: All right. Mr. Otto, I want you to 5 be sure to understand that we would like that witness list 6 on September 12th, no later. However, if you can give 7 Mr. Love some additional information prior to that time, 8 some partial information, I guess would be the better 9 phrase, I would urge you to do so, to give him an 10 opportunity for all the discovery that he may request of 11 you.

12 I think that would certainly expedite the

(-)s i 13 matter. -

14 Mr. Love, do you have anything?

15 MR. LOVE: I was just going to say what you say 16 in that I would like to have the opportunity for discovery, 17 .

especially if there is some kind of change from the initial 18 plan.

19 And if Mr. Otto is willing to cooperate, I don't 20 think there will be any problem.

21 JUDGE HOYT: I want to be sure also, Mr. Love, do 22 you need to see the plan again, the security plan?

23 MR. LOVE: No. But the plan that he referred to, 24 the general emergency plan, might be helpful.

~' Well, I think that you probably have 25 JUDGE HOYT:

ACE-FEDERAL REPORTERS, INC.

202-347-3700 Nationwide Cc .c. age 800-33 M 646

i 1

0100 02 04 21370

/~T l i_,OMT/bc s

1 that available anyway, don't you?

2 MR. LOVE: Well, I'll have to go through it. I

'3 don't know for a fact one way or the other.

4 JUDGE HOYT: All right. If you can get that 5 particular part of the plan of your normal emergency 6 procedures that you talked about with us, Mr. Otto, to 7 Mr. Love, that might help matters move along a little bit 8 more quickly.

9 MR. OTTO: This is Mr. Otto again.

10 Your Honor, that's a confidental plan that we use 11 for regular kinds of emergencies.

12 JUDGE HOYT: Oh, I'm sorry. I didn't understand

) 13 that. -

14 MR. OTTO: The only part of that plan that's 15 being used is the system of a pyramid callup kind of idea, 16 where one individual calls other individuals, and that kind 17 of thing. And that would be the only relevance that plan 18 would have to any of the proceedings before this...before 19 the Board.

20 JUDGE HOYT: Well, I still think that if that is 21 what you've decided, I think you're going to have to make 22 that secret information available to the counsel, Mr. Otto.

23 If you do and you need a protective order, that's 24 fine. We can go that route. If it that may be a O 25 desensitized portion of your total normal emergency plan as ACE-FEDERAL REPORTERS, INC.

202-347-3700 Nationwide Coverage 800-336 6686

. w--=p-~m+W--w-e-- --- -pg ., -

l 0100 02 05 21371 llh0MT/bc 1 opposed to the radiological emergency plan, then I see no 2 reason why you couldn't make it available to him in 3 request.

4 But, of course --

5 MR. OTTO: Could I ask a clarifying question?

6 JUDGE HOYT: Yes.

7 MR. CONNOR: It is to the effect is there 8 anything about the so-called Pyramid System in this general 9 plan that hasn't already been put in the record, I guess by 10 Mr. Zimmerman's testimony?

11 And if so, I see no need for producing a 12 confidential plan.

p

( ,) 13 MR. OTTO: This is Mr. Otto. Superintendant 14 Zimmerman's testimony regarding how the actual mechanics of 15 the callup system works are all that would be contained in 16 this general emergency plan.

17 The general emergency plan obviously has the 18 names and the phone numbers. But, other than that, 19 Superintendant Zimmerman's testimony discussed the actual 20 way that it would work.

21 And, therefore, anything in the documents would 22 not be, in our opinion, required to be produced.

23 MR. LOVE: Mr. Love. I don't want the whole 24 plan...we've been through this before.

(~) #

25 MR. OTTO: Sure.

ACE-FEDERAL REPORTERS, INC.

202-347 3700 Nationwide Coverage 800-33& 6646

0100 02 06 21372 jlh0MT/bc 1 MR. LOVE: But if there are relevant sections 2 regarding this communication system, I would prefer that 3 they were produced. Just that section. Not the entire 4 plan.

5 And we'd be happy to submit to a protective order 6 on that.

7 JUDGE HOYT: Let me put it to you this way.

8 We'll go along with practically everything you said there, 9 with the opportunity for you to examine that particular 10 portion of the emergency plan under a protective order.

11 MR. LOVE: Fine.

12 JUDGE HARBOUR: This is Judge Harbour.

/s

(,) 13 I was just wondering, another possibility, a plan 14 with the names and telephone numbers deleted, first of all, 15 could that be released by the -- I mean, that portion of 16 it -- could that be released by Greaterferd?

17 And, second, would that be adequate for 18 Mr. Love's purposes?

19 MR. LOVE: I'm Mr. Love. Yes, that would be 20 adequate.

21 MR. OTTO: I would have to check. That sounds 22 like something -- this is Mr. Otto -- that sounds like 23 something we might be able to do. I would have to check 24 with my super, you know, my supervisors.

( )

N/ 25 But the section that talks about the plan without ACE-FEDERAL REPORTERS, INC.

202-347-3700 Nationwide Coverage 800-336-6646

0100 02 07 21373 f~N w,,OMT/bc 1 .the names and phone numbers may be something we could 2 produce.

3 JUDGE HOYT: Does that complete our discussion on 4 that point?

5 (No response.)

6 JUDGE HOYT: All right. Anything else, Mr. Love?

7 MR. LOVE: Well, once again, I would like to note 8 my objections for the record of the expedited nature of the 9 hearing. It was my initial understanding, the reason we did 10 it the first time was because of the pending license. And 11 now that that matter-has been resolved, I don't see the need 12 for an expedited hearing.

13 But I'm not going to --

14 JUDGE HOYT: Well, then I go back to again, 15 Mr. Love, to what I tried to say in the beginning and, 16 apparently, I didn't make clear to you.

17 The reason that we have selected this date lies 18 in three facts, really. One is the only available date that 19 the members of this Board, who had other prior commitments 20 on their dockets.

21 Judge Harbour in Seabrook, Judge Cole in the 22 Breakwood case. I have them in Seabrook.

23 That is the only date on which we could all agree 24 we could stand to have the hearing. And when I say that 25 that is the only date, I'm talking about that's the only l

2 o

ACE-FEDERAL REPORTERS, INC.

202-347 3700 Nationwide Coverage 800-336-6646

0100 02 08 21374

$h0MT/bc 1 date between now and probably sometime in January, 1987.

2 I did not want this issue to go so long on the 3 remand without doing something to solve it. If we had to go 4 quickly, then September the 22nd is the only date.

5 Otherwise, it may very well be well into 1987 6 before this issue could ever be remanded...I mean, 7 resolved.

8 MR. LOVE: I understand that. I just wanted to 9 put that on the record, and...

10 JUDGE HOYT: All right. Secondly -- now I'm 11 going to give you the full story now. You wanted to have 12 the full story.

p) x_ 13 MR. LOVE: I'm sorry. Go ahead.

14 JUDGE HOYT: Secondly, the only date on which we 15 could find any hearing time available -- that is, a room for 16 it --

in Philadelphia, and we had to go out and take on the 17 conference room at the Holiday Inn, where we had one of 18 tnese hearings once before.

19 Space in Philadelphia is at a premium. And that 20 is the only time in which we could possibly do it. At the 21 downtown Holiday Inn on, I believe it's Walnut Street.

22 And we confided in one another that the one-day 23 hearing apparently would be the appropriate procedure, and 24 the one day that we could all stand was September the 22nd.

, \ )

! 25 And that is the day on which we could get the hearing room.

ACE-FEDERAL REPORTERS, INC.

202-347-3700 Nationwide Coverage 800-336-6646

0100 02 09 21375

$h0MT/bc 1 MR. LOVE: What if we can't complete it in one 2 day?

3 JUDGE HOYT: If we can't complete it in one day, 4 we'll go into the night until we do complete it.

5 MR. LOVE: All right. I'll be there.

6 JUDGE HOYT: The other reason is that I don't 7 l think, although there is a need from the remand, and reading 8 the remand itself, in any remand is the principle that it 9 should be solved, the remand problem should be solved as 10 quickly as possible, 11 And that is what we intend to do. That's the 12 full explanation of why we're going with September 22nd.

fN

()_

13 MR. LOVE: Thank you.

14 JUDGE HOYT: Very well.

15 Anything else, Mr. Otto? Did I cover you? Or 16 Mr. Connor?

17 MR. CONNOR: Two very minor points. Mr. Rader 18 will be handling this case, and he is participating in this 19 call. We do not at this time expect to have any witnesses.

20 But, if we do, we' will of course notify all the parties by 21 the 12th.

22 JUDGE HOYT: Very well.

23 All right. Mr. Vogler?

24 MR. VOGLER: Staff has nothing further, your

( )

25 Honor.

ACE-FEDERAL REPORTERS, INC.

202-347 3700 Nationwide Coverage 800-336-6646

0100 02 10 21376

(~T

&_-OMT/bc 1 JUDGE HOYT: Very well.

2 That completes all we had concerning tne remand 3 on Greaterferd. However, there is one additional matter 4 that does not concern you, Mr. Love. You're welcome to 5 listen in to the rest of the conversation, however.

6 Yesterday, the Appeal Board received a 7 communication from Mr. Frank R. Ramono. There 13 no 4

8 indication on the copy that was sent to me by the Appeal 9 Board that this particular document entitled Air and Water 10 Pollution Control Responds to Testimony Relating to Remand 11 Hearing on Availability of Bus Drivers for Owe,n J. Roberts 12 and Spring Ford's School Districts was ever served on the 13 other parties.

1 14 Do you have that, Mr. Connor?

15 MR. CONNOR: We have just received the filing by 16 Mr. Ramono. We don't have anything from the Appeal Board.

17 JUDGE HOYT: The only thing that came down from 18 the Appeal Board was an order which said that they had 19 received it, and the substance of it being in a very brief 20 paragraph:

21 "This pleading is apparently mislabeled as it 22 concerns a matter now pending before the License Board,in 23 this proceeding."

24 So that's how the Appeal Board felt about it.

O 25 MR. LOVE: I'm sorry. I can't say anything more ACE-FEDERAL REPORTERS, INC.

202-347 3700 Nationwide Coverage 80433 M 646

0100 02 11 21377 hMT/bc 1 on it.

2 JUDGE HOYT: Very well. I just wanted to be sure 3 you had received it.

4 Mr. Vogler, have you received it?

5 MR. VOGLER: Like Mr. Connor, or as with 6 Mr. Connor, we received Mr. Ramono's pleading this morning.

7 But we have nothing from the Appeal. Board.

8 JUDGE HOYT: Very well. The order will --

9 MR. VOGLER: I take it, we're not going to get 10 any from the Appeal Board --

11 JUDGE HOYT: The order was dated September the 12 3rd. And I take it, it will be served.

rx -

(,) 13 MR. CONNOR: Oh, it was an order?

14 JUDGE HOYT: Yes, it was an order of the Appeal 15 Board.

16 I beg your pardon?

17 MR. CONNOR: Nothing. I was just thinking about 18 part two. ,

19 JUDGE HOYT: Well, that's -- I didn't think that 20 probably this had come to everybody's attention, so I wanted 21 to be sure it had.

22 Mr. Goodwin, this does concern you. Do you have 23 that?

24 MR. GOODWIN: No, your Honor. I haven't seen any k ') 25 pleadings yet. As soon as we're done with this ACE-FEDERAL REPORTERS, INC.

2Cl.-347 3700 Nanonwide Coverage 80M36-66J5

0100 02 12 21378 OMT/bc 1 conversation, I can see if it's come in this afternoon.

2 But, as of right now, I haven't seen it.

3 JUDGE HOYT: Very well.

4 MR. LOVE: Would that be Mr. Otto's area, or 5 Mr. Goodwin's area?

6 JUDGE HOYT: It would be in Mr. Goodwin's area, 7 because Mr. Otto did not participate in the remand on the 8 drivers for the Owen J. Robertson thing.

9 Judge Harbour, do you have anything?

10 JUDGE HARBOUR: No.

11 .

JUDGE HOYT: Very well. Thank you very much for 1

12 your participation in this call. We have nothing further.

('~)

\_/ 13 This record is now closed.

14 (Whereupon, at 3:47 p.m., the Teleconference was 15 concluded.)

16 17 18 -

19 20 21 22 ,

23 24

(~) 25 ACE-FEDERAL REPORTERS, INC.

202-347 3700 Nationwide Coverage 804336-6M6

I CERTIFICATE OF OFFICIAL REPORTER O

V 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)

TELEPHONE CONFERENCE DOCKET NO.: 50-352 OL 50-353 OL PLACE: Washington, D. C.

DATE: Wednesday, September 3, 1986 were held as herein appears, and that this is the original transcript thereof for the file of the United States Nuclear Regulatory Commission.

(sigt) _ 04 (TYPED)

JOSEPH R. MAGGIO Official Reporter ACE-FEDERAL REPORTERS, INC. "

Reporter's Affiliation

O

_ _ _ _ - . . _ _ . . , . . _ _ _ _ _ - , _ . _ _ , , _ . . - . . _ _ . . _ . . _ _ . . . , . _ _ _ _ _ _ , . , _ . . . , _ _ , . _ _ . . _ . _ _ _ _ . _ , _ . . _ _ . _ _ . _ _ . _ _ , _ _ . - _ _ _ . - . _ , - -