ML20207D998
| ML20207D998 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 07/17/1986 |
| From: | Vogler B NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#386-016, CON-#386-16 OL, NUDOCS 8607220239 | |
| Download: ML20207D998 (8) | |
Text
6 TsWC a
July Ig 1986
? El A833 UNITED STATES OF AMERICA cpbfb(;".[2TTA : r NUCLEAR REGULATORY COMMISSION CC v7
' ' w; >
BEFCRE THE ATOttlC SAFETY AND LICENSING BOARD.
In the Matter of
)
50-352 0 L PHILADELPIIIA ELECTRIC COMPANY Docket Nos.
)50-053 (Liuerick Generating Station,
)
Units 1 and E)
)
lOSPONSE OF NRC STAFF TO LICENSEE'S PROPOSAL FOR RESOLUTICN OF REMANDED ISSUE REGARDING THE AVAILABILITY OF SCIIOOL BUS DRIVERS FOR THE l
OVEN J. ROBERTS AND SPRING-FORD SCHOOL DISTRICTS I. IliTRODUCTION The NRC staff (Staff) hereby responds to the Philadelphia Electric Cctrrany's (Licensec) proposal II for the resolution of the remanded issue conecrning the availability of school bus drivers for the captioned school districts and Limerick Ecology Action's (LEA) response thereto and re-J hearing, b The Licensee's Proposal and LEA's Response quest for a thereto were filed pursuant to an Order issued by the Atomic Safety and 1/
Licensee's Proposal for Resolution of Remanded Issue Regarding the Availability of School Bus Drivers for the Owen J. Roberts and i
Spring-Ford School Districts, June 16, 1986, as amended on June 27, i
1986.
(Licensee's Proposal) 1/
LEA's
Response
to " Licensee's Proposal For Resolution....
School Bus Drivers for the Owen J. Roberts and Spring-Ford School Districts and Request for a Hearing", dated July 10, 1986.
(LEA's Response).
8607220239 860717 DR ADOCK 0500 2
35(
3 Licensing Board. -3/
The Stuff believes that the Licensee's Proposal complies with the May I.2,1986 Order of the Licensing Board and provides sufficient information for the Licensing Board to conclude that there is rt.asonable assurance that an adequate number of bus drivers will be available in the event an evacuation is necessary at the Owen J. Roberts and Spring-Ford School Districts.
Nevertheless, the Staff believes that, for the reasons set forth below, LEA's request for an adjudicatory hear-ing should be granted.
- 11. DACKGROUND The Atcmic Safety cnd Licensing Appeal Board (Appeal Board) in b rejected the Licensing Board's conclusion in its Third Partial ALAB-836 5
that there was reasonable assurance of a sufficient Initial Decision number of bus drivers willing to respond during an emergency at Limer-ick to the Owen J. Roberts and Spring-Ford Schcol Districts.
The Ap-peal Bohrd found that the Licensing Board's conclusions in this regard were not supported by the record. ALAB-836 slip op, at 70-72. Accord-ingly, the Appeal Board reversed and remanded this one issue to the Licensing, Bcard for further proceedings.
Id.
il Philadelphia Electric Company (Limerick Generating Station, Units 1 and 2), Order, (May 22,19EC).
4/
Philadelphia Electric Company (Limerick Generating Station, Units 1 and 2), ALAB.836, 23 NRC (May 7,1586) 5/
Philadelphia Electric Company, LBP-85-14, 23 NRC 1210 (1985) l 1
r-O s Pursuant to the LicensinC Board's Order of May 22, 1988 the Licens-ee on June 16, ISEC submitted its proposal for the resolution of the re-manded issue (Proposul).
On June 27, 1986 in response to concerns expressed by the Pennsylvania Emergency Management Agency (PEMA),
the Licensee amended its proposal. -6/
The Licensee's proposal now consists cf an affidavit from an official of the Licensee offering to furnish Philadciphia Electric Co. (PECo) employees, who have volunteered to serve as bus drivers in the event of an emergency, and affidavits from emergency preparedness officials of Chester County and Montgomery Coun ty, Pennsylvarda, who had advise that they have reviewed the Li-ccnsee's proposal and state they are satisfied that it will provide bus drivers, if needed.
Finally, the Licensee at the conclusion of its propos-al states, that the issue remanded by the Appeal Board has been resolved and if all parties ngree to it the Licensing Doard may enter an appropri-ate crder dismissing LEA's contention.
Proposal at 4.
In the event the prorvaal is not acceptable to all parties, the Licensee requests its submis-sion be treated as a motion for summary disposition pursuant to 10 C.F.P., S 2. 749. Proposal at 4.
O r. July 1, 1%6 the Commonwealth of Pennsylvania concluded that the Licensee's Prcisosal resolved the matter and signed the propot ed stip-ulation.
On July 10, 198G LEA filed its response to the revised stipula-tion, objected to the Licensee's Proposal and requested that it be 6/
See, letters dated June 27, 1%6 from Counsel for the Licensee to the Licensing Board and to f.1r. P.alph llippert, PEMA, with expanded comments and a revised stipulation.
. 3 permitted to conduct discovery and to participate in an adjudicatory hear-ing on the matter.
Ill. DISCUSSION As noted above, the Appeal Board, in ALAB-836, concluded that the Licensing Board's finding of reasonable assurance of a sufficient number of bus drivers willing to respond during an emergency at Limerick is not adequntely supportec by the record insofar as the Spring-Ford and Ower. J.
Iioberts Schcol Districts are concerned.
ALAC-03G slip op.
at 7l'.
The Licensee in response to the May 22, 1986 Order of the Li-censing Board and the subsequent concerns e:: pressed by PEMA has made avnilable to appropriate emergency preparedness officials of Montgomery County and Chester County, Pennsylvania a list of PECo employees who arc licensed, or have agreed to become licensed, and have volunteered to drive buses in each county.
In the event of an emergency requiring possible evacuation and in the event it is determined that a sufficient number of regular bus drivers might not be available, the PECo volun-teers would be immediately notified by the Licensee upon the request of either county and dispatched by that county to assist in response to the emergency. Proposal at 2-4.
Presently, tuo hundred and seventy company individuals who can reach Derwyn (Montgomery County) within 30-90 minutes of notification, and three hundred company individuals who could reach Exton (Chester County) 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.
Id.
The estimates
a g shcw that for Berwyn 105 could arrive within 30 minutes, 40 within 60 minutes, and 125 uithin 90 minutes. For Exton, 95 could arrive within 30 minutes, 25 within GO minutes, and 180 within 90 minutes. M.
In addition each PECo volunteer has agreed:
a.
To drive a school bus as may be.necessary upon request by the Chester County Department of Emergency Servic-es or Montgomery County Office of Emergency Prepared-tiess to the Philadelphia Electric Company Office of Emergency Preparedness, b.
To take training within DC days to obtain a Common-wealth of Pennsylvania Class 4 driver's license, which authori::es operation of school ' buses ar.d to maintain it.
See, Proposal at 4.
The Licensee submits that its proposal has assured that more than an acequate number of bus drivers will be available for the Owen J. Roberts and Spring-Ford School Districts in the event of an emergency and there-fore this proceeding should be dismissed. M.at4-5.
PD:A has reviewed the Licensee's proposal and, in its answer dated July 1, 108G, concludes that in the short term it resolves the bus driver probleia.
PEMA has indicated its agreement with the Licensee's proposal by signing the stipulation.
LEA, on the other hand, objects to the resolution of the remanded issue solely on the basis of the Licensee's proposal and written comments.
LEA asserts that it has a "right" to an adjudicatory hearing so that it can engage in discovery and that appropriate witnesses can be sworn and subjected to cross-examination by LEA and further, that the proposal cannot be included in the record without a sponsoring uitness.
LEA Re-sponse at 1 and 2.
s iihile the Licensee and the Commenwealth believe that a hearing is not necessa'ry, the Staff believes that LEA should have the opportunity to i
pursue its concerns.
The issue that was remanded does not involve a complex technical or safety issue and, as the Appeal Board noted, the deficiency is not so significant as to warrant suspension of the Limerick license. ALAB-836 at 72, 73.
In Staff's view, LEA has placed in controversy some of the factual underpinnings of PECo's proposal and whether the Licensee's arrange-inents as set forth in its written comments and stipulation comply with the standards set by the Appeal Board in ALAB-836.
Thus, LEA has placed an issue in controversy that should be resolved by an evidentiary hearing and not by Licensee's proposed stipulation or alternative motion for sum-mary disposition.
IV. CONCLUSION In view of the foregoint; the Licensing Board should grant LEA's request for a hearing, limited to whether the Licensee's Proposal is suffi-cient to support a reasonable assurance finding by the Licensing Board that there is a sufficient number of bus drivers willing to respond during nn emergency at the two school districts involved.
Respectfully subnitted, e
f 4**f %
Benjamin II. Vogler Senior Supervisory Trial Attorney Dated at Bethesda, Maryland this 17th day of July, 106b
i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
PHILADELPHIA ELECTRIC COMPANY )
Docket Nos. 50-352
)
50-353 (Limerick Generating Station,
)
Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of " RESPONSE OF NRC STAFF TO LICENS-EE'S PROPOSAL FOR RESOLUTION OF REMANDED ISSUE REGARDING THE AVAILABILITY OF SCHOOL BUS DRIVERS FOR THE OWEN J. ROB-ERTS AND SPRING-FORD SCHOOL DISTRICTS" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or as indicated by an asterisk through deposit in the Nuclear Regulatory Commission's internal mail system, this 17th day of July, 1986 :
Helen F. Hoyt, Chairperson (2)
Mr. Edward G. Bauer, Jr.
Administrative Judge Vice President a General Counsel Atomic Safety and Licensing Board Panel Philadelphia Electric Company U.S. Nuclear Regulatory Commission 2301 Market Street Washington, D.C.
20555*
Philadelphia, PA 19101 Dr. Richard F. Cole Troy B. Conner, Jr., Esq.
Administrative Judge Mark J. Wetterhahn, Esq.
Atomic Safety and' Licensing Board Panel Conner and Wetterhahn U.S. Nuclear Regulatory Commission 1747 Pennsylvania Avenue, N.W.
Washington, D.C.
20555*
Washington, D.C.
20006 Dr. Jerry Harbour Ms. Phyllis Zitzer, President Administrative Judge Ms. Maureen Mulligan Atomic Safety and Licensing Board Panel Limerick Ecology Action U.S. Nuclear Regulatory Commission 762 Queen Street Washington, D.C.
20555*
Pottstown, PA 19464 Mr. Frank R. Romano Kathryn S. Lewis, Esq.
Air and Water Pollution Patrol 1500 Municipal Services Bldg.
61 Forest Avenue 15th and JFK Blvd.
Ambler, PA 19002 Philadelphia, PA 19107
a 1 Thomas Gerusky, Director Barry M. Hartman Bureau of Radiation Protection Governor's Energy Council Dept. of Environmental Resources P.O. Box 8010 5th Floor, Fulton Bank Building 300 N. 2nd Street Third and Locust Streets Harrisburg, PA 17105 Harrisburg, PA 17120 Spence W. Perry, Esq.
Director Associate General Counsel Pennsylvania Emergency Management Federal Emergency Management Agency Agency Room 840 Basement, Transportation & Safety 500 C Street, S.W.
Building Washington, D.C.
20472 Harrisburg, PA 17120 Robert L. Anthony Gene Kelly Friends of the Earth of the Senior Resident Inspector Delaware Valley U.S. Nuclear Regulatory Commission 103 Vernon Lane, Box 186 P.O. Box 47 Moylan, PA 19065 Sanatoga, PA 19464 Atomic Safety and Licensing Timothy R. S. Campbell, Director Board Panel Department of Emergency Services U.S. Nuclear Regulatory Commission 14 East Biddle Street Washington, D.C.
20555*
West Chester, PA 19380 Atomic Safety and Licensing Appeal David Fersan Board Panel (8)
Consumer Advocate U.S. Nuclear Regulatory Commission Office of Attorney General Washington, D.C.
20555*
1425 Strawberry Square Ilarrisburg, PA 17120 Docketing and Service Section Office of the Secretary Jay Gutierrez U.S. Nuclear Regulatory Commission Regional Counsel Washington, D.C.
20555*
USNRC, Region I 631 Park Avenue Angus R. Love, Esq.
King of Prussia, PA 19406 Montgomery County Legal Aid 107 East Main Street Theodore G. Otto, III Norristown, PA 19401 Chief Counsel Pennsylvania Dept. of Corrections P. O. Box 598 Camp Hill, PA 17011
~
Behjamin H. Vogler Senior Supervisory Trial Attorney