ML20206P742

Forwards & Revised Proposed Stipulation in Response to PEMA Request for Changes to Stipulation Re Remanded Issue.Certificate of Svc Encl.Related Correspondence

ML20206P742
Person / Time
Site:	Limerick
Issue date:	06/27/1986
From:	Conner T CONNER & WETTERHAHN, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:	Cole R, Harbour J, Hoyt H Atomic Safety and Licensing Board Panel
References
CON-#386-770 OL, NUDOCS 8607020231
Download: ML20206P742 (13)

Text

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g p,.cnum g LAW OFFICES CONNER 6e WETTERHAHN. P.C.

17 4 7 PEN N SY LVA N I A AV EN U E. N. W.

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• MARK J. WETTENHAHN i, mosEmT M. nADER '

un 3 w C uoi O CCRMNARD O. BECH HOEFER June 27,00' OF COUNSEL f2021833 3500 CABLE ADDRESS: ATOMLAW OFFICE Gr M CRt :t...i -

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BNid.:n Helen F. Hoyt, Esq. Dr. Richard F. Cole Chairperson, Atomic Safety Atomic Safety and Licensing and Licensing Board Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. Jerry Harbour Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 In the Matter of Philadelphia Electric Company (Limerick Generating Station, Units 1 and 2)

Docket Nos. 50-352 and 50-353 o/ -

Dear Board Members:

In my letter dated June 16, 1986 in accordance with the Board's Order dated May 22, 1986, I forwarded " Licensee's Proposal for Resolution of Remanded Issue Regarding the Availability of School Bus Drivers for the Owen J. Roberts and Spring-Ford School Districts."

In its censideration of our proposal, the Pennsylvania Emergency Management Agency ("PEMA") requested that certain clarifying changes be made in the stipulation and that certain additional information be provided to it. This information is set forth in my letter to Mr. Ralph Hippert of this date and in the revised proposed stipulation, copies of both of which are enclosed.

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I Helcn F. Hoyt, E%q.

Dr. Richard F. Cole Dr. Jerry Harbour June 27, 1986 Page 2 the matter with We have as yet been unable to discussLimerick Ecology Phyllis Zitzer, representative of Mrs.

Action, Inc. (" LEA").

I hope to contact her and to resolve the matter in order that the deadlines Junefor30,the replies 1986, will beof LEA and the Commonwealth on Monday, for Mrs. Zitzer that I will be met. I have left a message in either Harrisburg or Pottstown pleased to meet with her on that date.

For the record and information of the parties, I have signed the revised stipulation on behalf of the IfLicensee and LEA agrees, have forwarded the original to Mrs. Zitzer.

I also hope to obtain the executed stipulation If PEMAfrom Mrs.

agrees and Zitzer on Monday and deliver it to PEMA.

executes the stipulation, I will take it to the Nuclear Regulatory Commission Staff immediately thereafter.

Sincerely, Tro onner, Jr.

Counsel for the Licensee TBC:sdd cc: Service List l

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4 i LAW OFFICES CONNER & WETTERHAHN P.C.

17 4 7 P E N N S Y LVA N I A AV E N U E. N. W.

WASIIINGTON D. C. 20000 TROY B. CONNEN. J N.

MARM J. WETTENHANN NOBERT M.RADER WILS N. NICHOLS c:;n]NAmo o. ECunOErge June 27, 1986 ,,,,,333,,,

CABLE ADDRESS: ATOM LAW Mr. Ralph Hippert Pennsylvania Emergency Management Agency B151 - Transportation Safety Building Harrisburg, Pennsylvania 17120 In the Matter of Philadelphia Electric Company (Limerick Generating Station, Units 1 and 2)

Docket Nos. 50-352 and 50-353

Dear Mr. Hippert:

In order to resolve the remanded issue as to the availability of a sufficient number of bus drivers to perform an evacuation, if necessary, of the Owen J. Roberts and Spring-Ford School Districts, I forwarded to you on June 16, 1986 a proposal and stipulation for resolving this issue.

In your consideration of the stipulation, you asked us to confirm points as to how the volunteer drivers, who are Philadelphia Electric Company ("PECO") employees, would be trained and brought within the existing emergency plans. I have discussed this matter with the Company and am au-thorized to make the following declarations as to actions the Company will undertake. -

The first area identified related to driver training.

Because the Appeal Board Order wants the matter promptly resolved, the training of these individuals on an expedited basis will require that a county intermediate school unit schedule and perform the training for instructors, who will in turn train the individual bus drivers. The Chester County intermediate school unit has agreed to perform this function for both Chester and Montgomery County PECO in-structors. The instructor courses have already been scheduled for July 15, 16 and 17, 1986. Following their

Mr. Ralph Hippart June 27, 1986 t Page 2 training, which includes 14 hours1.62037e-4 days <br />0.00389 hours <br />2.314815e-5 weeks <br />5.327e-6 months <br /> classroom and 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> of actual driving experience, the volunteer drivers will be tested by Pennsylvania State Police to determine if they are qualified for the Class 4 license.

Upon qualification for their Class 4 licenses, which will be issued by the Pennsylvania Department of Transporta-tion, the individual drivers will be accepted as emergency workers under the Chester and Montgomery County emergency plans by the respective coordinators.

The next area of inquiry involves the maintaining the number of volunteers and updating the lists as vacancies occur. As we have previously advised, we understand that you, Mr. Campbell and Mr. Bigelow all consider the solution of using volunteer drivers as a comparatively short-term one. The long-term solution will be to provide the requi-site numbers of drivers on a permanent basis. Until these plans are completed, however, PECO will continue to maintain the lists and seek additional volunteers as may be neces-sary. As you know, there is an annual review and update requirement presently in the pl?ns to determine the status of all aspects. We expect to coordinate the driver lists on this same basis. PECO will insure that the training and licensing of any new volunteers will be performed. PECO will also insure that a sufficient number of these volun-teers are made available to meet the requests of the county

, coordinators.

You ask why the volunteers were designated as " reserve workers" in the proposal. As I previously stated, the volunteers are considered to be a short-term solution and not to replace regular drivers. For this reason, the volunteers are drivers to supplement the requirement in the event regular drivers are not available when needed.

The next question you raised involves the notification to the volunteers to report. You were particularly con-cerned that county coordinators would be unable to contact all of the drivers. As we stated, the county coordinators l asked that arrangements be made so that they could call PECO to request that a number of bus drivers be activated.

1 Specifically, arrangements have been made so that each county coordinator will call PECO's Office of Emergency Preparedness to request this action at any time while school is in session.

You also inquired as to whether the volunteers will be available to drive school buses for emergencies other than one involving the Limerick Generating Station. While, of l

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e Mr. Ralph Hippart Juna 27, 1986 Page 3 course, the Company's survey was aimed at a response direct-ed at the Appeal Board's decision, PECO will commit to ask the same individuals to respond in the event evacuation of the schools were required for any other type of emergency.

You also requested that certain clarifying changes be made in the proposed stipulation. I have revised it accord-ingly and have attached a new proposed stipulation incor-porating the changes.

We hope that this fully satisfies your request. We understand that this information together with any other pertinent provisions will be incorporated into the county plans.

Sincerely, h .

V 1

Troy . onner, Jr.

Counsel for the Licensee Enclosure cc: Timothy R. S. Campbell A. Lindley Bigelow Service List l

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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 OL

) 50-353 OL l (Limerick Generating Station, )

Units 1 and 2) )

, )

)

STIPULATION i

The Commonwealth of Pennsylvania, the Nuclear Regulato-ry Commission Staff, Limerick Ecology Action, Inc., and the Philadelphia Electric Company hereby stipulate and agree as follows:

7 In ALAB-836, the Atomic Safety and Licensing Appeal

Board affirmed the Third Partial Initial Decision issued by i

i the presiding Atomic Safety and Licensing Board in all l

l respects except two. The single matter remanded for further l disposition is the assurance of drivers for the school buses I

j needed to evacuate the school children of the Owen J.

Roberts and Spring-Ford School Districts in the event of an

accident at the Limerick Generating Station.

In accordance with the remand instruction of ALAB-836, the Licensing Board issued an Order dated May 22, 1986 directing the Licensee to submit its proposal for resolution

e ,

s of the remanded issue within 20 days of the service date of the order; other principal interested parties (Limerick Ecology Action, Inc. and Commonwealth of Pennsylvania) within 14 days after the service date of Licensee's sub-mission; and the NRC staff within 7 days after the service date of the last response of the principal interested parties.

Since the close of the evidentiary hearings on these 2 issues, Philadelphia Electric Company, the Licensee, has continued to cooperate with the appropriate Commonwealth, County and local officials in the further development of the emergency plans which involve the Limerick Generating Station. Its efforts include identifying company personnel who might be willing to volunteer to assist Chester or Montgomery Counties in various aspects of emergency response in the event of an accident at the Limerick Generating Station or other emergency that might impact upon these counties.

4 The Company maintains a list of employees who are i licensed drivers. At a meeting on June 5, 1986 with Mr.

Timothy R. S. Campbell, Director, Chester County Department l

of Emergency Services, and Mr. A. Lindley Bigelow, Coordi-nator, Montgomery County Of fice of Emergency Preparedness, it was determined that the immediate solution for the Appeal Board's findings as to driver availability in the Owen J.

Roberts and Spring-Ford School Districts was to identify from a company list qualified volunteers who are licensed or

r e

have agreed to become licensed to drive buses in each county.

In the event an emergency developed either at the Limerick Generating Station, or elsewhere in Chester and Montgomery Counties, requiring possible evacuation and it were determined that a sufficient number of regular bus drivers might not be available, the volunteers would be immediately notified by the Company upon request of either county and dispatched to that county to assist in response to the emergency. For Chester County, these drivers, in the event of an accident at the Limerick Generating Station, would report to the Chester County marshalling center at Exton and thence be transported to the various schools in the Owen J. Roberts school districts to drive the buses.

For Montgomery County, the drivers, in the event of an accident at the Limerick Generating Station, would assemble at the Company's Berwyn Transportation Center for similar transportation to the Spring-Ford Schools in Montgomery County.

Two hundred seventy company individuals who can reach Berwyn within 30-90 minutes of notification, and 300 who could reach Exton'within 30-90 minutes have volunteered to serve as school bus drivers in the event of an accident at the Limerick Generating Station requiring evacuation of the emergency planning zone. The estimates show that for Berwyn 105 could arrive within 30 minutes, 40 within 60 minutes, and 125 within 90 minutes. For Exton, 95 could arrive i

e b

within 30 minutes, 25 within 60 minutes, and 180 within 90 minutes. Specifically, each volunteer has agreed with the Company and Chester or Montgomery Counties, respectively:

a. To drive a school bus as may be necessary upon request by the Chester County Department of Emergency Services or Montgomery County Office of Emergency Preparedness to the Philadelphia Electric Company Office of Emergency Preparedness.

b. To take training within 90 days to obtain a Commonwealth of Pennsylvania Class 4 driver's license, which authorizes operation of school buses and to maintain it.

Based upon LEA's review of the June 16, 1986 proposal, the June 27, 1986 supporting letter, and the affidavits of Vincent S. Boyer, Timothy R. S. Campbell, and A. Lindley Bigelow on behalf of the Philadelphia Electric Company, Chester County and Montgomery County, respectively, this stipulation, and the Licensee's June 27, 1986 letter to Ralph J. Hippert, Director of Plans & Preparedness, Pennsylvania Emergency Management Agency, regarding proce-dures for implementation of the referenced proposal, LEA has determined that appropriate arrangements have been made as required by the Atomic Safety and Licensing Appeal Board in Philadelphia Electric Co. (Limerick Generating Station Units 1 and 2) , ALAB-836, NRC , (1985) (Slip op. p. 49 n.

47), which provide reasonable assurance of a sufficient number of bus drivers willing to respond during an emergency at the Limerick Generating Station insofar as the

! Spring-Ford and Owen J. Roberts School Districts are

6 h

concerned; and that those concerns are no longer a matter of controversy among the parties.

The undersigned parties stipulate that the Atomic Safety and Licensing Board may enter an appropriate order dismissing LEA's contention for lack of controversy, based on this stipulation.

U.S. NUCLEAR REGULATORY LIMERICK ECOLOGY ACTION, INC.

4 COMMISSION STAFF By: By:

, Joseph Rutberg, Esq. Phyllis Zitzer for Limerick Ecology Action, Inc.

COMMONWEALTH OF PENNSYLVANIA, PHILADELPHIA EMERGENCY MANAGE-MENT AGENCY By:

PHILADELPHIA ELECTRIC CO.

Bytt h) .

a, d/37 ((

Conner, Jr. Esci.

Tro Counse @ l for Philade hia Electric Co.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

Philadelphia Electric Company ) Docket Nos. 50-352

) 50-353 (Limerick Generating Station, )

Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Stipulation," a letter to Mr. Ralph Hippert, and a letter to the Atomic Safety and Licensing Board all dated June 27, 1986 in the captioned matter have been served upon the following by deposit in the United States mail this 27th day of June, 1986:

Helen F. Hoyt, Esq. Atomic Safety and Licensing Chairperson Appeal Panel Atomic Safety and U.S. Nuclear Regulatory Licensing Board Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Nashington, D.C. 20555 Docketing and Service Section Dr. Richard F. Cole U.S. Nuclear Regulatory Atomic Safety and Commission Licensing Board Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Benjamin H. Vogler, Jr. Esq.

Washington, D.C. 20555 Counsel for NRC Staff Office of the Executive Dr. Jerry Harbour Legal Director Atomic Safety and U.S. Nuclear Regulatory Licensing Board Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555

4 Atomic Safety and Licensing Angus Love, Esq.

Board Panel 107 East Main Street U.S. Nuclear Regulatory Norristown, PA 19401 Commission Washington, D.C. 20555 Robert J. Sugarman, Esq.

Sugarman, Denworth &

Philadelphia Electric Company Hellegers ATTN: Edward G. Bauer, Jr. 16th Floor, Center Plaza Vice President & 101 North Broad Street General Counsel Philadelphia, PA 19107 ,

2301 Market Street Philadelphia, PA 19101 John L. Patten, Director Pennsylvania Emergency Mr. Frank R. Romano Management Agency 61 Forest Avenue Room B-151 Ambler, Pennsylvania 19002 Transportation and Safety Building Mr. Robert L. Anthony Harrisburg, PA 17120 Friends of the Earth in the Delaware Valley Kathryn S. Lewis, Esq.

106 vernon Lane, Box 186 City of Philadelphia Moylan, PA 19065 Municipal Services Bldg.

15th and JFK Blvd.

Charles W. Elliott, Esq. Philadelphia, PA 19107 325 N. 10th Street Easton, PA 18064 Spence W. Perry, Esq.

Michael B. Hirsch, Esq.

• Miss Phyllis Zitzer Associate General Counsel Limerick Ecology Action Federal Emergency P.O. Box 761 Management Agency 762 Queen Street 500 C Street, S.W.

Pottstown, PA 19464 Room 840 Washington, DC 20472

• Mark L. Goodwin, Esq.

Office of General Counsel Thomas Gerusky, Director Commonwealth of' Pennsylvania Bureau of Radiation P.O. Box 11775 Protection Harrisburg, PA 17108 Department of Environmental Resources Jay M. Gutierrez, Esq. 5th Floor U.S. Nuclear Regulatory Fulton Bank Bldg.

Commission Third and Locust Streets 631 Park Avenue Harrisburg, PA 17120 King of Prussia, PA 19406

• Federal Express

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James Wiggins William A. Welliver, Ed.D.

Senior Resident Inspector Superintendent U.S. Nuclear Regulatory Spring-Ford Area School Commission

• District P.O. Box 47 199 Bechtel Road Sanatoga, PA 19464 Collegeville, PA 19426

• Ralph Hippert Pennsylvania Emergency Management Agency B151 - Transportation and Safety Building Harrisburg, PA 17120 Theodore G. Otto, Esq.

< Department of Corrections Office of Chief Counsel P.O. Box 598 Lisburn Road Camp Hill, PA 17011

• Timothy R.S. Campbell, Esq.

Director Department of Emergency-Services 14 East Biddle Street West Chester, PA 19380

• A. Lindley Bigelow Coordinator of Emergency Preparedness Montgomery County 50 Eagleville Road Eagleville, PA 19403 Roy C. Claypool, Ed.D.

District Superintendent Owen J. Roberts School District 1

Administration Building R.D. 1 Pottstown, PA 19464 W . (D1ATA4

. Conhet, Jr.

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• Federal Express i

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