ML20212N066
| ML20212N066 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 08/26/1986 |
| From: | Wetterhahn M CONNER & WETTERHAHN, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC |
| To: | |
| Shared Package | |
| ML20212N069 | List: |
| References | |
| CON-#386-506 OL, NUDOCS 8608280075 | |
| Download: ML20212N066 (23) | |
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t C0CHETEP USNPC UNITED STATES OF AMERICA NUCLEAR PECUIAiORY CCMMISSION W ME 27 P3:58 Before the Atanic Safety and Licensing Board OCMYTAGSUPvlN[~
BRANCH In the Matter of )
)
Philadelphia Electric Carpany ) Docket Nos. 50-352 /
) 50-353 M L (Limerick Generating Station, )
Units 1 and 2) )
LICENSEE'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF IAW IN THE EORM OF A "SUPPILW 'IO THIRD PARTIAL INITIAL DECISION
- (ON OFFSITE ENERGENCY PLANNING OOffIDirIONS)"
Licensee Philadelphia Electric Cmpany hereby subnits, in accordance with 10 C.F.R. S2.754 and the Atanic Safety and Licensing Board's " Order," dated July 21, 198C, and its further order at the time of the hearing (,Tr. 21351), its Proposed Findings of Fact and Conclusions of Law in the Form of a " Supplement to 'Ihird Partial Initial
- i, t>ecisicn (On Offsite Emergency Planning Contentions) ."
l Also enclosed are Licensee's Proposed Transcript Corrections, pursuant to the Board's instructions at the hearing (Tr. 21304) .
Paspectfully subnitted, CONNER & WETTERHAHN, P.C.
Troy B. Conner, Jr.
Mark J. Wetterhahn Robert M. Rader August 26, 1986 0600000075 060026 PDR s
)CCK 05000352 0 PDR s
Dse
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t UNITED STATES OF AMERICA NUCLFAR REGUIATORY C0tNISSION A104IC SAFETY AND LICENSING BOARD BEFORE ADMINISTR.TTIVE JUDGES:
Helen F. Hoyt, Chairperson Dr. Richard F. Cole Dr. Jerry Harbour
) ,
In the Matter of ) ,
)
PHILADELPHIA 11ECTRIC COMPANY ) Docket Nos. 50-352-OL
) 50-353-OL d (Limerick Generating Station, )
Unitt, 1 and 2) )
)
, 1986 ,
f APPEARANCFE ,
Troy B. Conner, Jr. , Esq., Robert M. Rader, Esq. and Nils N. Nichols, Esq. , of Conner & Wetterhahn, P.C. , Washington, D.C. for Philiidelphia Electric Ccmpany.
Benjamin H. Vogler, Esq., Office of the General Counsel, U.S.
Nuclear Regulatory Catmission, Washington, D.C., for the NRC Staff.
Mark L. GocxMa, Esq., Pennsylvania Emergency Management Agency, Harrisburg, Pennsylvania, for the Cannonwealth of Pennsylvania.
Michael !!irsch, Esq., Office of the General Counsel, Federal Dnergency Management Agency, Washington, D.C., for FEMA.
Maureen Mulligan and David Stone, for Limerick Ecology Action.
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, o SUPPLDeFr 'IO 'IMIRD PARTIAL INITIAL DECISION (On Offsite Dnergency Planning Contentions)
I. INIPODUC'rION This is a supplement to the Third Partial Initial Decision ("PID"),
which was issued by this Atmic Safety and Licensing Board (" Licensing Board" or " Board 9 at an earlier stage in the operating license proceedir.; for the Limerick Generating Station, Units 1 and 2
(" Limerick") .1/ The 'Ihird PID disposed of all offsite amergency plan-ning xntentions, except those ra ised by the inmates of the state Correctional Institution at Graterford, in favor of Applicant Philadelphia Electric Ccmpany (now Licensee) .
Following the conclusion of all hearings on contestcd issuer, the
! Licensing Board authorized the Director of Nuclear Feactor Regulation to issue fall-power operating licenses for Limerick, consistent With the
- Board's decisions in this case and upon making requisite findings with respect to matt.crs not embraced in its decisions.3_/ The ccanission thereafter denied motionn to stay the effectiveness of the Licensing ,
Board's decisions on offsite emergency planning and preparedness and ordered that the authorization for issuance of a full power license be i
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1/ See Philadelphia Electric Ccupany (Limerick Generating Station, Units 1 and 2) , LBP-85-14, 21 NV.: 1219 (1985).
2/ Dnergency planning and preparedness for the inmates was the subject ,
of our Fourth PID in Limerick, supra, LDP-85-25, 22 NBC 101 (1935) .
The Fourth PID found in favor of Applicant on all issues and is now '
ynding appeal before the Atcznic Safety and Licensing Appeal Board.
3/ Id. at 116. Although the hearings on contested issues involved Eth Units 1 and 2 of Limerick, a full-power operating license was issued only for Unit 1, inasmuch as Unit 2 has not yet been ccmpleted.
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9 nade innediately effective.A/ Various parties . have appealed the Com-mission's action to the United States Court of Appeals for the Third circuit. Those appeals have been consolidated and held in abeyance pending carpletion of final agency action b3 the Camttssion in this proceeding.5_/
In the interim, the Appeal Board reviewed this Board's Third PID, which it affinned in AIAB-836, with two exceptions.O As to the first matter, the Appeal Board required the NRC Steff to verify establishment of additional traffic control measures at one point along the perimeter of the plume exposure pathway emergency planning zone ("EPZ") for Limerick. No further action by this Board was ordered on this matter.
On the second matter, the Appeal Board held that two driver surveys conducted by the Superintendents of the Spring-Ford Area and Owen J.
Roberts School Districts " raise [d] a legitimate question whether there is reasonable assurance that en adequate number of drivers would respcnd in an emergency" related to Limerick.8,,/ Therefore, the Appeal Board rem:uxled for further hearings before this Board relating to its finding
, as to " reasonable assurance of the availability of an adequate nturber of
,4/ Limerick, supra, CLI-85-15, 22 NPC 184 (1985) .
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5/ See generally Limerick Ecology Action, Inc. v. NRC, No. 85-3431; Thrmas Martin v. bRC, No. 85-3444; Robert L. Anthony v. NRC, No.
85-3606; ard Linerick Ecology ActionIInc. v. NRC, No. 86-3314.
6/ See Limerick, supg, AIAB-836, 23 NPC 479 (1986). On July 24, 1986, the Camtission declined to review A1AB-836.
7/ Id. at 497, 522.
8/ Id. at 518-19.
e bus drivers to evacuate students in the Spring-Ford and Ohen J. RobertP, ~
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SchoolDistricts."E By Order dated May 22, 1986, this Board directed Licensee, as the party with the burden of proof, to subnit its proposal for resolution of the renanded issue, which Licensee filed on June 16, 1986. In its order, the Board invited ccmnents on the proposal by the other parties, which wre also filed. At a conference call en July 17, 1986, the Board and parties diseassed, inter alia, a schedule for a hearing and designation of witnesses. On July 21, 1986, the Board issued a Notice of Hearing and an Order establishing a schedule for filing testimony, the conduct of evidentiary hearings and filing of proposed findings of fact and conclusions of law by the parties. A hearing was held on August 18 and 22, 1980 in Philadelphia, Pennsylvania on the renanded issue.
Before turning to the Board's findings, it is necessary to enpha-size that only a narrow issue of offsite energency planning was rernanded for further action by the Appeal Board in ALAB-836, despite the attenpt by LEA to broaden the scop of the hearing. As to the adequacy of bus driver response, the Appeal Board found a deficiency in the record only
, with regard to the number of bus drivers for the 'Owen J. Roberts and Spring-FordAreaSchoolDistricts.N! W us, this Board was not required or authorized by the Appeal Board to explore anew the adequacy of bus 9/ Id. at 522. -
10/ Id. at 515-20.
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- i driver responses for school districts other than Owen J. Poberts and Spring-Ford.
Nor was the Bcard instructed to take further evidence on the i
adequacy of buses, as distinct fr m the availability of drivers, neces-sary to evacuate the two school districts at issue. For all school districts within the Limerick EPZ, including the Spring-Ford Area and Owen J. Roberts School Districts, the Appeal Borud has upheld the findings of this Board that there is reasonable assuran5e of enough buses to evacuate schools in Fontgmery County and Chester County.E i
Therefore, the Board in this limited remand hearing-sustained as proper the parties' objections to questions by LEA which exceeded the scope of
- this proceeding.
II. FINDINGS OF FACT A. Developnent Of Licensee's Volunteer Diployee Dus Driver Pool.
- 1. Plans to evacuate the Spring-Ford Area and Owen J. Roberts School Districts are two aspects of the overall efforts by Cw...oi=lth, county and local officials, assisted by Licensee and its consultants, to .
maintain adequato emergency planning and preparedness for Linerick.
Boyer and Bradrhaw, ff. Tr. 21189 at 1.
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- 2. Since the close of the record relating to the offsite energen-cy planning phase of the proceeding, Licensee has continued to cooperate i
with Ccmxxiwealth, county tid local officials in developing additional energency response resour~es for all aspects of planning and f
11/ Id. at 512-15.
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preparedness. These efforts have included the enlistment of Licensee's erployees who have stated a willingness to participate as volunteers in irplanenting various aspects of the offsite plans. Boyer and Bradshaw, ff. Tr. 21189 at 2.
- 3. Following the Appeal Board's remand as to whether an adequate nunber of drivers would be available fcr the Spring-Ford Area and Owen J. Roberts School Districts, the Licensee's representatives discussed how to resolve the remanded issue wl.th the re.sponsible county and
- Camonwealth officials. Boyer and Bradshaw, ff. Tr. 21189 at 2-3.
- 4. Timothy R. S. Campbell is the Director of Dnergency Services for Chester County, and A. Lindley Bicelow is the Coordinator of Dner-gency Preparedness for Montganery County. Both officials previously testified in this proceeding with regard to offsite emergency planning and preparedness for their respective counties. As a result of the remand, Mr. Canpbell and Mr. Bigelow met with Licensee's representatives t
and corresponded by telephone with PD1A representatives as to the provision for drivers for the Spring-Ford Area and Owen J. Roberts School Districts. Cantb ell, Tr. 21229-30; Bigelow, Tr. 21231-32.
- 5. At a meeting on June 5,1986 with Licensee's representatives, Mr. Canpbell and Mr. Bigelow determined that an intnediate solution would be for volunteer Licensee ernployees to qualify and act as bus divers until the counties or the Camonwealth have obtained drivers fran other sources. Mr. Canpbell decided that the designated marshalling center for volunteers to drive buses for Chester Co'.inty would be in the Exton area at the Do<on Systems facility in Lionville. Mr. Bigelow dccided that the designated marshalling center for Montgarery County would be the Licensee's Berwyn Transportation Center. The matter was then
discussed with Ralph J. Hippert, Director of Plans & Preparedness, Pennsylvania Bergency Management Agency, who agreed to the proposal as an inmediate solution. Boyer and Bradshaw, ff. Tr. 21189 at 2-3; Boyer, Tr. 21194; Hippert, ff. Tr. 21265 at 2; Canpbell, Tr. 21230; Bigelow, ,
Tr. 21232.
- 6. In Pennsylvania, a Class 4 driver's license is required for operation of a school bus. 'Ihere are three prerequisites for obtaining a Pennsylvania Class 4 license: (1) possession of a Class 4 learner's permit which requires passing a physical examination; (2) classroan and vehicle training; and (3) passing a driver's examination administered by the State Police. Boyer and Bradshaw, ff. Tr. 21189 at 3.
- 7. In order to determine the nunber of sployees who potentially might wish to volunteer to drive school buses in the event of an emer-gency, Licensee collated a list of vclunteer enployees who could respond to bus marshalling centers within a reasonable period. Boi' er and Bradshaw, ff. Tr. 21189 at 3.
- 8. Each volunteer was asked to execute a volunteer sheet. The supervisors of the volunteers were asked tp estimate how long it would take the volunteers to reach the marshalling centers based upon their knowledge of their personnel's work locations. Boyer and Bradshaw, ff.
Tr. 21189 at 3-4. ,
- 9. Based upon discussions with Licensee's representatives, the responsible planning agencies agreed that a total of 200 mployee volunteers, to be used by both Montganery and Chester Counties, would be
- more than sufficient to meet any anticipated need for the Owen J.
Roberts and Spri.vJ-Ford Area School Districts. A list of the names of i
the renaining volunteer sployees is being maintained on file so that in :
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the event they may be needed as replacements for those already trained, they can be made available. Boyer and Bradshaw, ff. ~ Tr. 21189 at 4; ,
Boyer, Tr. 21195.
B. Ertimated Need for Additional Drivers.
- 10. The witnesses proffered by the parties differed to sme degree in their calculation of the potential for unmet driver needs in the Spring-Ford Area and Owen J. Poberts School Districts. Ralph J.
Hippert, now the Director of the Office of Plans and Preparedness for PDiA, previously testified in this proceeding on offsite emergency ,
planning and preparedness by the Comonwealth for Limrick. As the responsible PENA official, Mr. Hippert calculated the potential bus
, driver shortage for the Spring-Ford Area and Owen J. Roberts School Districts by cor.sulting their respective plans and determining the number of buses available to those school districts. He then cmpared thle ntmiber of available buses with t'e res' tits of the bus driver surveys previously conducted by these school districts. By subtracting the number of drivers who had explicitly stated that they would participate in an emergency from the number of buses available to each district, he determined the potential driver shortage. Itippert, Tr. 21275-77,
- 11. Bared on his examination of the current Spring-Ford Area School District mergency plan, and assuming the validity of a bus driver survey of the custer Bus Cmpany conducted by Spring-Ford Superintendent Welliver, Mr. Itippert calculated that Spring-Ford would experience a shortage of no mre than 28 drivers in the event of a school evacuation because of a radiological accident at Limerick.
Ilippert, ff. Tr. 21265 at 1.
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- 12. Based on his examination of the current Owen J. Roberts School District plan, and assuming the validity of a bus driver sarvey t
conducted at the request of the Owen J. Roberts Citizens Task Force of the Gross Bus Caripany drivers, Mr. Hippert calculated that Owen J.
Roberts would experience a shortage of eight bus drivers if a school
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evacuation were necessary. Ilippert, ff. Tr. 21265 at 2.
- 13. Thus, even accepting the results of the bus driver surveys for the Spring-Ford Area and Owen J. Roberts School Districts, Mr. Hippert determined that there would be a shortage of 36 drivers for the buses routinely provided by the two bus ca panies surveyed. Licensee's atployee driver pool is roare than five times this nunber. Hippert, ff.
Tr. 21265 at 2, Tr. 21266-67.
- 14. A conservative estimate of the maximum nunber of bua drivers who would be required to replace regularly assigned drivers for the Spring-Ford' Area and Owen J. Roberts School Districts in the event of an energency at Limerick is the difference between the ntuber of previously surveyed drivers who explicitly stated that they would drive' buses in an emergency and the total driver forco for those districts. 'IhiP results in a raaximun unmet need of 52 bus drivers for the two school districts and produces about a 4:1 ratio between Lice'nsee's voltintcer drivers and unmot driver needs for SpringvFord and Owen J. Roberts. Asher and Kinard, ff. Tr. 21279 at 3, Kinard, Tr. 21284-85. FmA would find satisfactory an arrangstunt for a volunteer driver pool which would provide a one-to-one ratio between volunteers and reported un:mt needs for drivers. Kinard, Tr. 21284.
- 15. Licensee has coordinated its bus driver mployeo efforts with the Chester County Department of Dnergency Services and the Montgcmery I
County Office of Emergency Preparedness. Both counties have agreed to the program ,for the use of Licensee's employee volunteers to receive Class 4 bus driver training and respond in the event of a radiolcgical mergency at Limerick. Boyer and Bradshaw, ff. Tr. 21189 at 4-5; Campbell, Tr. 21230-31; Bigelow, Tr. 21232-C. Enployee Bus Driver Training and Qualification.
- 16. Initially, instructor training was provided by the Chester County Intermediate Unit, which is a regional governmental cooperative that provides services to local school districts. Licensee and vendor employees received training as it.structors which qualifie::s them to teach other driver volunteers. Training of 21 instructors began July 15, 1986, ard was empleted July 23, 1986. These instructors have conducted classrom training of other volunteers i.1 groups of approximately thirty. The State Police have conducted Class 4 driver tests at Berwyn.
The training of all volunteers has included the same training offered drivers for all school districts and school bus providers. QgiAppl.
Exh. E-64, Training Module fore Dus Drivers.) Boyer and Branhaw, ff.
Tr. 21'189 at 5.
- 17. The cchedule for training and testing is as follows: two groups totaling 54 volunteers empleted training August 8, 1986; two other groups totaling 47 cmpleted training on August 15, 1986; and four other groues totaling 66 will cmplete training in August 1986. The remainder totaling 33 will emplete training in Septmber 1986, subject to possible unavailability duo to illness or other reason. Driver testing sessions were conducted by the State Police on August 11 and 18, 1986 and groups of 23 and 35 volunteers were issued Class 4 licenses.
Forty-five are scheduled for driper testing on August 25, 1986. As of August 22, 1986, 155 have cmpleted training. Driver testing will continue into Septeriber as classrom training is empleted. Boyer and Bradahaw, ff. Tr. 21169 at 5; Boyer, Tr. 21197; Boyer, Tr. 21296.
- 18. Licensee anticipates that approximately three quarters of the 200 volunteer driver pool will be trained, tested and qualified by the end of August, i.e., prior to the start of school after Labor Day.
Driver testing of others who wuld not te scheduled because of work assigments or vacations will be empleted in early Septaber. Boyer, Tr. 21197-98. Licensee expects to have the total pool of 200 employee volunteers trained and qualified by mid-Septaber. Boyer, Tr. 21198, 21217.
- 19. At the hearir.g, the responsible FDR officials reviewed Licensee's driver training and qualification schedule and expressed their professional opinion that FD%'s conclusions of reasonable assur-ance would not be affected by the updated testimony on driver training and testing provided by Licensee. Kinard, Tr. 21289. In the judgment of tirse officials, there is no problem if less than the total of 200 u lunteer mployees are trained and qualified by the start of school in 1986. Kinard, Tr. 21283.
D. Time Peaponse Estimaten.
- 20. Since the 200 volunteers could be used for either Chester or Montgmery County, Licensee has developed estimates of the time required for the volunteers to report to both Exxon and Derwyn. Licensee determined that 55 could reach Exxon in 30 minutes or less; an addition-al 111 within 30 to 60 minutes and 34 more within 60 to 90 minutes. For Dervyn, 146 would be available in 30 minutes or less; an additional 27
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within 30 to 60 minutes and 25 within 90 minutes. Boyer and-Bradshaw, ff. Tr. 21189 at 6. .
- 21. In soliciting volunteers, Licensee atternpted to select as many volunteers as reasonable from its Berwyn Transportatien Center, because those volunteers would be imediately available. Boyer, Tr. 21213-14.
I Fifty-five volunteers of the 200 driver pool are regularly stationed at Berwyn and would therefore be innediately available. Boyer and Bradshaw, ff. Tr. 21189 at 6. In the event of an energen'cy at Limerick, Chester and Montganery Counties will contact Licensee so that drivers will be in place, even before the counties have determined whether any unmet need exists. Canpbell, Tr. 21245; Bigelow, Tr. 21247.
- 22. As volunteers, Licensee's stployees are county energency workers and it is therefore the responsibility of the county to trans-port the volunteers to bus locations. Ncnetheless, Licensee will coordinate with each county and assist upon request in transporting its volunteer drivers -to the buses. Bayer, Tr. 21213; Kankus, Tr. 21217.
LEA solicited testimony regarding buses which tray be taken hane by a nunber of the regularly assigned drivers for the Owen J. Roberts School District. Dr. Claypool confirmed in his testimony that,he had, however, considered this particular practice in evaluating the bus driver survey results and calculating overall bus driver needs. Claypool, 'Ir. 21339, i 21341.
E. Ongoing Availability of Licensee's Employee Bus Driver Pool.
- 23. Licensee has ccanitted to Montganery and Chester Counties that it will make its bus driver arployee volunteers available under the arrang ments discussed above until provision is made by the responsible i
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planning authorities for bus driver personnel fran other sources.
Accordingly, Licensee's arrangements will renain in full force and effect until notification that Licensee's uployee volunteers are no longer required. Boyer and Bradshaw, ff. Tr. 21189 at 6; Boyer, Tr.
21221, 21227; Hippert, ' ff. _ Tr. " 21265 at 3. Each volunteer enployee understands that he is agreeing to be available indefinitely until -
replaced by Jane other .mrce of drivers. Boyer, Tr. 21218.
- 24. Licensee's Director of Emergency Preparedness will be advised by the Personnel Department whenever a volunteer retires, dies or otherwise leaves the sployment of the Cmpany. Kankus, Tr. 21224.
Also, Licensee's bus driver volunteer list will be reviewed periodically in a manner similar to which Licensee's onsite energency worker list is routinely reviewd. This will ensure that individual sployees are contacted by their supervisors to determine that they continue to be available for volunteer service. Volunteer lists for offsite emergency
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. plans are updated on an annual basis and Licensce will probably follow the same schedu'le for its bus driver volunteers. Kankus, Tr. 21224,
- 25. Licensee intends to continue its, training and qualification program to cbtain abou't 220 Class 4 drivers. This will provide a reserve to replace volunteers who transfer, retire or are otherwise unavailable. Boyer, Tr. 21212, 21220.
- 26. In his capacity as an ~Tloyee and Senior Vice President -
j Nuclear of the Philadelphia Electric Cmpany, Mr. Boyer has had exten- ,
i sive experience with its splayees. lie expressed confidence that if an enployee has stated that he will participate in an emergency response by driving a bus in the event that school evacuation is required, he will i
j do so. Boyer, ff. Tr. 21189 at 6.
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- 27. FDR testified that the volunteer driver pool made available by Licensee and agreed to by PD% provides reasonable assurance that, in the event of an mergency at the Limerick Generating' Station, an ade-quate nunber of volunteers will be available to fill any unmet needs for bus drivers in the Owen J. Roberts and Spring-Ford Area School Districts. Asher and Kinard, ff. Tr. 21279 at 4; Tr. 21282-83.
- 28. Dr. Welliver on behalf of the Spring-Ford Area Sciuol District and Dr. Claypool on behalf of the Owen J. Roberts School District testified that thcy had discussed their bus driver surveys with their respective county planning representatives and received rdegaate assurance that a sufficient number of drivers would be provided in the event of an emergency. Welliver and Claypool, Tr. 21316-19. An early dismissal by the Owen J. Roberts School District, preliminary to an i
actual evacuation order, would not be a protective action within the context of the NBC's regulations, NUREG-0654 and mergency plans to be implenented by the Ccmnonwealth of Pennsylvania and Chester County in the event of a radiological energency. Hence, the Bcard finds no relevance in Dr. Claypool's testinony concerning Owen J. Robert's early distissal policy (Claypool, Tr. 21322-26) as regards bus driver availability to carry out an evacuation ordered by the ' responsible Camonwealth or County' official.
- 29. Based on the arrangernents by Licensee to make available a pool of 200 volunteer sployee drivers, there will be far more than enough volunteer bus drivers to provide support to the Chester County and Montgcmery County mergency planning agencies as needed for the Cwen J.
Roberts and Spring-Ford Area School Districts in the event regularly assigned drivers fail to respond. Bayer and Bradshaw, ff. Tr. 21189 at l
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6-7; Hippert, ff. Tr. 21265 at 3, Tr. 21267-68; Asher arx1 Klaard, ff.
Tr. 21279 at 4.
F. Additional Sources of Bus Drivers.
- 30. Even before creation of Licensee's volunteer atployee driver pool, Montgamery and Chester Counties could have satisfied any unmet needs of the Spring-Ford Area 'and Owen J. Roberts School Districts,'
respectively, frm other sources. Bigelow and Canpbell, Tr. 21263.
- 31. While the availability of volunteer bus drivers frm Licens-ee's atployee force provides reasonable assurance of bus driver availability for the Spri$g-Ford _ Area and Owen J. Roberts School Districts, Licensee's provision of its volunteer stployees as bus drivers is but one tool of many that will be utilized by the counties to meet the unmet needs of their municipalities. Because emergency planning is a dynamic process, other resources may becme available. !
, Canpbell, Tr. 21237-38.
- 32. The Montgmery County Office of Dnergency Preparedness has surveyed all bus providers, public and private- in Montgcmery County.
It has either written or verbal assurances that those providers will, to the best of their availability, provide buses and drivers upon request.
Bigelow, Tr. 21254. On this basis, the current Montgmery County plan lists total resources for all school districts in the EPZ and their bus providers as 1,783 vehicles with 1,919 full or part-time drivers. These reponed assets far exceed evacuatioh requirements of 534 vehicles and drivers for the entire transportation-dependent population of Montgcznery County within the Limerick EPZ. Hippert, ff. Tr. 21265 at 4; Bigelow, Tr. 21254.
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- 33. Similarly, othar arrangenents could be trade for Chester County schools within the Limerick EPZ to optimize tttilization of school district bus and driver resources an1 thereby eliminate the necessity for Licensee's driver pool. The Director of Bnergency Services for Chester County is conducting a survey to obtain additional volunteer drivers from fire cmpanies whose personnel are not otherwise assigned responsibilities under their maricipality's energency plan. Bradshaw, Tr. 21221; CM phall, Tr. 21238.
- 34. The Downingtown School District lies outside the EPZ, but has students who live within the EPZ. Downingtown is under contract with a private bus cmpany for 57 buses. B;> delaying its nbrmal dismissal time, Downingtown could make its buses and drivers available to satisfy any shortage for the Owen J. Roberts School District. Indeed, Downingtown's bus provider is already under agreenent with Chester County to supply school buses and drivers upon request. Hippert, ff. 4 Tr. 21265 at 4-5; Carpbell, Tr. 21252-53; Appl. Exh. E-51.
G. Alleged Conflicts In Volunteer Responsibilities.
- 35. LFA raised the potential for conflicting responsibilities if same employee volunteer drivers have already agreed to serve as a volunteer in sme other capacity in a radiological emergency. The Board is satisfied, however, that Licensee has adequately ensured against this contingency. As volunteer erployee forms came in frm the various field offices, they were reviewed at Licensee's headquarters against current grunicipal emergency plans to determine whether any volunteer driver was already a volunteer at any ruunicipal emergency operations center.
Kankus, Tr. 21201; Bradshaw, Tr. 21209.
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- 36. As to other forms of volunteer service, such as a radio opera-tor, ambulance driver or firenan, there is no potential problen with dual responsibilities in the event of a radiological emergency at Limerick. During bus driver training, the instructors discusc various offsite energency responsibilities with the trainees. To date, with about half of all volunteers trained, the instructors have not encoun-tered a single instance in which a trainee has a conflicting respon- ,
sibility. Bradshaw, Tr. 21209.
- 37. Additionally, it is not Licensee's policy to release its enployees to perform volunteer services in their hcrne tcwns, for exam-ple, to fight fires. Kankus, Tr. 21204; Bradshaw, Tr. 21209-10.
Therefore, local fire companies, ranbulance services and the like are not presently including Licensee's suployees as those who would be available under local energency plans. Kankus, Tr. 21205.
H. Conclusion
- 38. Based on the evidentiary record before us, this Board finds reasonable assurance that, in tha event of a radiological emrgency at the Limerick Generating Station, there will be an adequate number of bus drivers to effectuate an evacuation of the Owen J. Roberts and Spring-Ford Area School Districts.
III. CONCLUSIONS CF LAW i
I In reaching this decision, the Board has considered all the evi-dence of the parties and the entire record of this proceeding on the renanded bus driver availability issue, including all proposed findings of fact and conclusions of law filed by the parties. Based upon a review of that record and the foregoing Findinis of Fact, which are supported by reliable, probative and substantial evidence, the Board, l
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> l with respect to the issue in controversy before us, reaches the follow-ing conclusion pursuant to 10 C.F.R. S2.760a:
Licensee's arrangements for maintaining a pool of 200 or more bus drivers to assist in an evacuation of the Owen J. Roberts and Spring-Ford Area School Districts, in conjunction with plans and resources already in place that would be utilized by the responsible county and school district authorities, meet the requirments cif 10 C.F.R. S50.47, and Appendix E to 10 C.F.R. Part 50, as well as the criteria of NUREG-0654, and provide reasonable assurance that adequate protective measures for those school districts can and will be taken in the event of a radiological mergency.
IV. ORDER WHERENRE, in accordance with the Atmic Energy Act of 1954, as amended, and the Rules of Practice of the Ccmmission, and based on the foregoing Findings of Fact and Conclusions of Law, IT IS ORDERED that:
Pursuant to 10 C.F.R. S2.760 (a) of the Ocmmission's Rules of Practice, this Supplement to the Third Partial Initial Decision will constitute the final decision of the Ccumission forty--five (45) days frm the date of issuance, unless an appeal is taken in accordance with 10 C.F.R. 52.762 or the Ccmmission directs otherwise. See also 10 C.F.R. SS2.764, 2.785 and 2.786.
Any party may take an $ppeal frm this Decision by filing a Notice of Appeal within ten (10) days after service of this Decision.
Each appellant must file a brief supporting its position on appeal within thirty (30) days after filing its Notice of Appeal (forty (40) days if the Staff is the appellant) . Within thirty (30) days after the period has expired for the filing and service of the briefs of all appellants
i (forty (40) days in the case of the Staff), a party who is not an-appellant may file a brief in support of or in oppositica to the appeal of any other party. A responding party shall file a single, responsive '
brief regardless of the nutber of appellant briefs filed. See 10 C.F.R. 52.762(c).
THE A'IQiIC SAFEIT AND LICENSING BOARD Helen F. Hoyt, Chairperson ADMINISTRATIVE JUDGE Richard F. Cole ADMINISTRATIVE JUDGE _
Jerry Harbour ADMINISTRATIVE JUDGE Dated at Bethesda, Maryland, this day of 1986.
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DOLMETED USNRC UNITED STATES-OF AMERICA NUCLEAR REGULATORY COMMISSION .41E 27 P3:58 OFFICE OF SL v ( 99 y In the Matter of ) 00CMETING 4 Srf ylcp*
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B ANCH 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 " Licensee's Proposed Fi : dings of Fact and Conclusions of Law in the Form of a
' Supplement to Third Partial Initial Decision (On Offsite Emergency Planning Contentions)'" and " Licensee's Proposed Transcript Corrections" both dated August 26, 1986 in the captioned matter have been served upon the following by deposit in the United States mail this 26th day of August, 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 Washington, 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, Esq.
Washington, D.C. 20555 Counsel for NRC Staff Office of the General
- Dr. Jerry Harbour Counsel Atomic Safety and U.S. Nuclear Regulatory Licensing Board Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555
- Hand Delivery I
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I 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, Cente:' Plaza Vice President & 101 North Broad Street General Counsel Philadelphia, PA 19107 2301 Market Street Philadelphia, PA 19101 John L. Patten, Director Pennsylvania Emergency Mi. 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.
General Counsel ,
Maureen Mulligan Federal Emergency Limerick Ecology Action Management Agency P.O. Box 761 500 C Street, S.W.
762 Queen Street Room 840 Pottstown, PA 19464 Washington, DC 20472 Mark L. Goodwin, Esq. Thomas Gerusky, Director Pennsylvania Emergency Bureau of Radiation Management Agency Protection P. O. Box 3321 Department of Environmental Harrisbr.rg, PA 17105-3321 Resources l 5th Floor Jay M. Gutierrez, Esq. Fulton Bank Bldg.
U.S. Nuclear Regulatory Third and Locust Streets Commission Harrisburg, PA 17120 631 Park Avenue King of Prussia, PA 19406 l .
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y Gene Kelly 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 Sadatoga, 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
- Administration Building l R.D . .1 Pottstown, PA 19464 l
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