ML20203P856

Intervenor Exhibit I-COMM-E-4,consisting of Undated, Unexecuted Ltr Re Comments on Review of Proposed Agreement Between Southern Lehigh & Pottsgrove School Districts Re Emergency Evacuation

ML20203P856
Person / Time
Site:	Limerick
Issue date:	11/28/1984
From:	Patten J PENNSYLVANIA, COMMONWEALTH OF
To:	Duckett J LEHIGH COUNTY, PA
References
OL-I-COMM-E-004, OL-I-COMM-E-4, NUDOCS 8605080253
Download: ML20203P856 (3)

Text

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Mr. Jerry Duckett M ggB6" G

Coordinator ,cq$[e'n kQ Lehigh County Civil Defense '

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Dear Mr. Duckett:

As requested in your September 20, 1984 letter, the proposed agreement between Southern Lehigh and Pottsgrove School Districts has been reviewed by this Agency and our legal counsel. Our comments regarding the applicable sections of P.L.1332, as well as recommendations for consumation of the agreement are as follows:

1. The reference in Paragraph 1.b. to Southern Lehigh School District being used as a reception center should be deleted. As indicated in Appendix J-1 of the 3FF y Montgomery County Plan, the Southern Lehigh School

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• if I Complex is to serve as a reception center for evacuees

(*5 [F from Lower Pottsgrove and New Hanover Townships and a N

m portion of Pottstown Borough. This has nothing to do with an agreement between Pottsgrove and Southem Lehigh u School Districts wherein the latter will act as a host E E= school. The use of Southem Lehigh School Complex as a

{ C 6@ reception center requires a separate agreement between 8 the Montgomery County Office of Emergency Preparedness

. 9 5 and the Southem Lehigh School District, in cooperation a $ 5 with you as the support county emergency management

[g ==a Eo5 C E = director. To avoid conflict with facilities being used l

lJ S M $ E as a host school, this agreement should be specific as

-s n E to the areas designated as a reception center. The Sg I

.' 5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> that the complex would be used as a reception center cannot be restricted to 9:00 a.m.-9:00 p.m. In n

\ o the e~nt of an accident at the Limerick Generating

@ $ Statis the complex would be needed as a reception

< g center during whatever time frame necessary to prepare

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g for and effect an evacuation of the EPZ.

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[2. While I don't know who crossed out the provisions of m- Paragraph 2.e. regarding the responsibility for costs n: and expenses incurred, it is obviously a concem of both i school districts. It is difficult to address this point without knowing what specific expenses they have in mind.

Is it for food, food preparation, salaries, maintenance or general housekeeping expenses? If their schools are 8605080253 841128 PDR' ADOCK 05000352 Q PDR (m' ' g y.f# y~ -

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Mr. Jerry Duckett Page Two closed then the risk school district should presumably be able to defray costs due to the added student load

-at the host district. In the absence of more definitive information as to the costs and expenses in question, I recomend that the school district solicitors refer to Section 7301f(1) and (2) of P.L.1332.for guidance.

Those sections give the Governor broad powers to suspend rules and regulations and to utilize all available

. resources in the event of an emergency. Keeping these broad powers in mind, any questions about costs and reimbursements to the two schools would be resolved within the context of those discretionary powers granted to the Govemor.

3. Paragraph 2.f. of the proposed agreement should indeed be eliminated and replaced by reference to Section 7704, "Imunity from Civil Liability," of P.L.1332 and specifically paragraphs (a), (b) and .(c). The imunity therein referenced would apply to both the risk and host school districts.

( 4. Paragraph 3 should also be deleted since it places an unnecessary burden on the school districts to renew the agreement annually. In its place it is recomended that a paragraph to the following effect be included: 'This Agreement will automatically renew on a yearly basis unless a proposal for change or amendment is submitted by either party within 30 days prior to the automatic renewal date." -

5. Since the agreement is only between the risk and host school districts it is not necessary for Mr. Bigelow to sign the agreement thereby making Montgomery County a party to it.

As an aside it is noted that in Paragraph 2.d. of the agreement 3

the Pottsgrove School District is to provide the staff for supervision of their evacuated students while on the premises of the Southern Lehigh

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School District. Such an arrangement is up to the Districts involved, but has caused problems for some risk districts in obtaining sufficient risk teachers and staff to supervise the evacuat. ion and activities of the school children while at the host district. The risk teachers may wish to be released to attend to their own families involved in an evacuation of the EPZ. To resolve this problem it has been PSR's recomendation that although the risk teachers will accompany the students to the host schools, they will upon arrival turn supervision of the evacuated students over to the host staff and teachers and then be released. This recommendation has generally been followed in offsite plans associated with the other nuclear power plants within the Comonwealth. Once again Section 7301f(1), P.L.1332

o Mr. Jerry Duckett Page Three should alleviate any concems the host district might have regarding, for example, the early dismissal of host students to provide the staff needed to supervise the evacuated students.

I appreciate your concern in obtaining a signed agreement between the two Districts and certainly agree that trying to identify another host district at this late date would pose many problems, and is not really a viable altemative. If additional information or legal interpretation is needed to assist you in this matter, please let me know.

Sincerely, John L. Patten Director JLP/RJH:jmb (Tel: 717-783-8150) cc: A. Lindley Bigelow 1

Robert Bradshaw John Shannon

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