ML20214J781

Application for Issuance of Subpoena for Witnesses to Testify at Hearing Re Availability of Bus Drivers to Evacuate Oj Roberts & Spring Ford Area School Districts in Event of Plant Accident.Related Correspondence

ML20214J781
Person / Time
Site:	Limerick
Issue date:	08/10/1986
From:	Mulligan M, Stone D LIMERICK ECOLOGY ACTION, INC.
To:	Atomic Safety and Licensing Board Panel
References
CON-#386-314 OL, NUDOCS 8608150173
Download: ML20214J781 (5)

Text

. MELATED COMME 5Ponedbt 00CKETED USHRC LIMERICK ECOLOGY ACTION P.O. BOX 76 POTTSTOWN, PA. 19464 , )b N0i42 0FFICE 0r EL'Jf' RY 00CKlin'2 h huM1 AUGUST 10, 1986 Ba;& !

CHAIRPERSON HELEN HOYT ADMINISTRATIVE JUDGE DR. RICHARD COLE '-

ADMINISTRATIVE JUDGE DR. JERRY HARBOUR ADMINISTRATIVE JUDGE U.S. NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555 RE: LIMERICK NUCLEAR GENERATING STATION

____DOCKEI_NO._50:3522 _50:353_gj_ __

DEAR ADMINISTRATIVE JUDGES,

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IN ACCORDANCE WITH THE BOARD *S ORDER DATED JULY 21, 1986, LIMERICK ECOLOGY ACTION HEREBY FILES ITS REQUEST FOR THE ISSUANCE OF SUDPOENAS FOR WITNESSES LEA PLANS TO PRESENT ON THE ISSUE OF AVAILABILITY OF BUS DRIVERS TO EVACUATE THE OWEN J. ROBERTS AND SPRING FORD AREA SCHOOL DISTRICTS IN THE EVENT OF AN ACCIDENT AT THE LIMERICK GENERATING STATION. IN THE EVENT THAT SCHEDULING MATTERS NEED TO DE DISCUSSED IN MORE DETAIL PRIOR TO THE HEARING, MAUREEN MULLIGAN CAN DE REACHED AT (215) 923-6865 DURING THE DAYTIME.

RESPECTFULLY SUBMITTED, DAVID STONE AND MAUREEN MULLIGAN 0608150173 060010 PDR ADOCK 05000 52 0

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BACKGROUND ON LEA *S SUBPOENA REQUESTS FOR ROBERTA_KANKUS_AND_ VINCENT BOYER_____

AT A TIME CLOSE TO THE DEADLINE FOR THE PREFILING OF WRITTEN TESTIMONY IN THIS REMANDED PROCEEDING, AND WITHIN DAYS OF THE TIME THAT LEA WOULD HAVE HAD TO COORDINATE TAKING DEPOSITIONS FROM 10 TO 15 OF THE 500 OR MORE NAMES OF POTENTIAL BUS DRIVER VOLUNTEERS PROVIDED TO US, _THE LICENSEE FOR THE -THIRD TIME HAS CHANGED ITS PROPOSAL FOR RESOLVING THE REMANDED BUS DRIVER ISSUE. IN ITS THIRD REVISED PROPOSAL, DATED JULY 24, 1986 AND RECEIVED BY LEA DN JULY.29, 1986 (DUE TO SERVICE BY FIRST CLASS MAIL), PECO REDUCED THE NUMBER OF DRIVERS IT WAS ATTEMPTING TO PROVIDE FROM 500 TO 200, THUS RENDERING STATISTICALLY INSIGNIFICANT ANY SAMPLING OF 10-15 SELECTED OUT OF THE 570 NAMES PROVIDED TO US. IN THIS CONTEXT, THE LICENSEE *S PROPOSAL IN THAT SAME JULY 24 LETTER THAT ALL OF THE 15 VOLUNTEERS DEPOSED BY LEA WOULD BE INCLUDED IN THE FINAL 200 LIST IS MEANINGLESS. SUCH INCLUSION WOULD, OF COURSE, ALLOW NO STATISTICAL CONCLUSIONS TO DE DRAWN ABOUT THE STATUS OF THE 185 NOT SURVEYED AND THEREFORE NOT SPECIFICALLY SLATED FOR INCLUSION BY THE LICENSEE.

IT SHOULD BE NOTED HERE THAT IT WAS THE STATISTICAL RESULTS OF A PROPERLY CONDUCTED SURVEY WHICH IN FACT CAUSED THIS ISSUE TO BE REMANDED TO THE ASLB BY THE APPEALS BOARD IN THE FIRST PLACE, AND THUS THE RELIABILITY OF ANY SURVEY ATTEMPTED BY LEA, OR ANY OTHER PARTY, IS AN ISSUE CENTRAL TO THIS CASE.

THEREFORE, IN PLACE OF DEPOSITIONS OF INDIVIDUAL WORKERS PICKED AT RANDOM FROM A LIST 2/3 OF WHICH THE LICENSEE NOW CLAIMS IS NOT TO DE USED ANYWAY, LEA FINDS IT NECESSARY TO SEEK TO SUBPOENA THE TWO PECO OFFICIALS RESPONSIBLE FOR THE PECO WORKER VOLUNTEER FORMS AS INDICATED BY THE PRESENCE OF THESE OFFICIALS NAMES ON THE FORMS THEMSELVFS. (SEE ATTACHMENT #1) THE TESTIMONY OF VINCE BOYER AND RODERTA KANKUS IS CRITICALLY IMPORTANT TO DEVELOP A RECORD ON THE CIRCUMSTANCES AND CONDITIONS UNDER WHICH THESE PECO WORKER VOLUNTEER FORMS WERE SOLICITED, RECEIVED, FOLLOWED-UP DN AND VERIFIED. IN ADDITION TO SEEKING TO SUDPOENA THEIR TESTIMONY, LE 3EEKS TO REQUEST THAT THEY BRING WITH THEM TO THE HEARING THE FOLLOWING MATERIALS:

1) ALL LETTERS, ADDITIONAL FORMS, COVER LETTERS, ENVELOPES AND FOLLOW-UP LETTERS SENT OUT TO THE SOLICITED PECO WORKERS AND/OR THEIR SUPERVISORS, WHOSE NAMES ALSO APPEAR ON THE RETURN FORMS (SEE ATTACHMENT #1) THIS IS TO INCLUDE THE ORIGINALS OF THE 500+ RETURN FORMS AND ANY REJECTED FORMS OR RESPONSES THAT INDICATE A REFUSAL TO VOLUNTEER.

2) THE UPDATED 200 NAME LIST INCLUDING RESIDENCE AND WORK LOCATION OF THOSE WORKERS THAT PECO NOW MAINTAINS WILL DE TRAINED AND AVAILABLE TO DRIVE SCHOOL DUSES DY THE START OF SCHOOL IN SEPTEMDER.

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l 3) THE CURRENT LIST OF PECO MUNICIPAL VOLUNTEERS INCLUDING VOLUNTEER FIRE AND OTHER EMCRGENCY PERSONNEL. THE PROVISION OF THIS LIST WILL INSURE THAT THE RECORD CLEARLY ESTABLISHES THAT THE SAME INDIVIDUAL IS NOT BEING COUNTED UPON TWICE FOR SIMULTANEOUS AND POSSIBLY CONFLICTING EMERGENCY RESPONSE ROLES. IT SHOULD DE NOTED THAT VINCENT BOYER IS ALREADY THE DESIGNATED RECIPIENT-OF THE MUNICIPAL VOLUNTEER FORMS ALREADY PART OF THIS RECORD. (SEE LEA EXHIBITS #37 AND #38)

IN VIEW OF THE LICENSEE *S LATEST CHANGE, LEA MUST SEEK THESE MATERIALS WITH VINCENT DOYER AND ROBERTA KANKUS MADE AVAILABLE AS A PANEL TO EXAMINE THESE MATTERS ON THE RECORD. WE-WOULD HOPE THAT IN ORDER TO FACILLITATE MATTERS, THE LICENSEE WOULD AGREE TO PROVIDE SUCH MATERIALS IN ADVANCE OF THE HEARING AND TO EVEN VOLUNTARILY PUT ON ROBERTA KANKUS AND VINCENT BOYER AS WITNESSES, AS PART OF OR IMMEDIATELY FOLLOWING THE PANEL FROM ENERGY CONSULTANTS. SUCH AN APPROACH WOULD FURTHER EVERYONE'S GOAL OF COMPLETING THESE HEARINGS AS EFFICIENTLY AS POSSIBLE. HOWEVER, GIVEN THE LIMITED TIMEFRAME SCHEDULED FOR THESE MATTERS, LEA MUST REQUEST SUBPOENAS FOR THESE WITNESSES TO INSURE THAT A COMPLETE RECORD IS DEVELOPED.

LEA *S SUBPOENA REQUEST FOR DBz_WELLlyg8_ONQ_Q8t_CLOyPgg6 AS IN THE PREVIOUS HEARINGS DEFORE THE ASLB, LEA FINDS IT NECESSARY TO REQUEST SUDPOENAS FOR OBTAINING THE TESTIMONY OF DR.

WELLIVER AND DR. CLAYPOOL ON MATTERS PERTAINING TO THEIR RESPECTIVE-SCHOOL DISTRICTS AND PECO'S PROPOSED RESOLUTION OF THE BUS DRIVER DEFICIENCY REMANDED FOR HEARINGS BY THE NRC APPEALS BOARD. THE DUSY ADMINISTRATIVE SCHEDULES OF THESE TOP SCHOOL DISTRICT OFFICIALS AND THEIR RESPONSIBILITIES TO THEIR ELECTED SCHOOL DOARDS NECESSITATES, IN OUR VIEW, THAT THEIR TESTIMONY DE AVAILADLE ON A SPECIFIC AND DEFINITIVE BASIS IN THESE HEARINGS. THEREFORE, LEA REQUESTS THAT SUDPOENAS DE ISSUED FOR DR. WELLIVER AND DR. CLAYPOOL. LEA WOULD APPRECIATE THE COOPERATION OF ALL PARTIES IN SCHEDULING MATTERS.

PERHAPS AN EVENING SESSION ON MONDAY AUGUST 18TH COULD ACCOMODATE ALL PARTIES WIAHES TO COMPLETE THE HEARINGS IN JUST ONE DAY. TO FACILITATE MATTEPS, LEA PROPOSES THAT ROBERTA KANAUS AND VINCENT DOYER VOLUNTAPILY BE ADDED TO THE LICENSEE *S PANEL OF WITNESSES OR IMMEDIATELY FOLLOW THEM, AND THAT DR. WELLIVER AND DR. CLAYPOOL DE SCHEDULED TO APPEAR IN THE EVENING ON MONDAY, AUGUST 18TH. LEA WOULD SlILL HOPE THAT THE LICENSEE WOULD FROVIDE THE SUDPOENAED MATERIALS IN ADVANCE OF THE HEARINGS IN ORDER TO SAVE TIME.

FAILING SUCH VOLUNTARY COOPERATION BY THE LICENSEE AND THE ,

EXPCDITED VOLUNTARY APPEARANCE OF ROBERTA KANKUS AND VINCENT BOYER, LEA FINDS THAT IT WOULD DE A MORE REALISTIC SCHEDULE TO SUDPOENA RODERTA KANKUS AND VINCENT DOYER FOR MONDAY AFTERNOON THROU3H MONDAY EVENING, IF NEEDED, AND THEN TO CALL DR. CLAYPOOL AND DR. WELLIVER FOR FRIDAY MORNING.

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ALTHOUGH LEA.IS EAGER TO ENTERTAIN DISCUSSIONS OF HOW TO'FURTHER EXPEDITE ~ THESE HEARINGS, WE MUST POINT GUT THAT THE BULK OF OUR CASE HERE NECESSARILY INVOLVES THE CROSS-EXAMINATION OF LICENSEE, PEMA AND FEMA WITNESSES, WHICH CAN BE EXPECTED'TO TAKE UP MUCH OF.THE HEARING TIME ON . MONDAY, AUG. 18TH., EVEN BEFORE LEA *S_ SUBPOENAED WITNESSES APPEAR. IT IS DIFFICULT TO BE MORE SPECIFIC ABOUT THE AMOUNT OF.

CROSS-EXAMINATION TIME NEEDED UNTIL RECEIVING THE-TESTIMONY OF OTHER PARTIES.

IN CLOSING, LEA PROPOSES THE FOLLOWING TIMES FOR OUR SUBPOENAED WITNESSES: __ _

MONDAY AUG. 18 - AFTERNOON VOLUNTARY APPEARANCE BY ROBERTA KANKUS AND VINCENT BOYER WITH LICENSEE'S PANEL MONDAY AUG. 18 - 7:30 P.M. DR. WELLIVER, SPRING-FORD SCHOOL DISTRICT MONDAY AUG. 1lB - 8:30 P.M. DR. CLAYPOOL, OWEN J. ROBERTS SCHOOL DISTRICT AN ALTERNATIVE PROPOSAL, FAILING THE VOLUNTARY EXPEDITED APPEARANCE BY BOYER AND KANKUS WOULD BE TO SCHEDULE SUBPOENAED W11NEggES_AS_EOLLOMS: _____________ _ _ _ _ _ _ _ _ _ _ _ _

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MONDAY AUG. 18 - AFTERNOON SUBPOENAED TESTIMONY FROM ROBERTA AND CONTINUING AT 7:30 P.M. KANKUS AND VINCENT BOYER FRIDAY AUG. 22 - 9:00 A.M. DR. WELLIVER FRIDAY AUG. 22 - 10:30 A.M. DR. CLAYPOOL COPIES OF THIS FILING HAVE BEEN SERVED ON ALL PARTIES TO THIS PROCEEDING DY DEPOSIT IN UNITED STATES MAIL, FIRST CLASS POSTAGE

-PREPAID, THIS 10TH. DAY OF AUGUST 1986. COPIES ARE BEING ELECTRONICALLY TRANSMITTED BY ZAP MAIL ON AUGUST 11TH. TO JUDGES HOYT, HARBOUR, AND COLE, NRC COUNSEL DEN VOGLER, AND TROY CONNER, COUNSEL FOR THE APPLICANT TO INSURE RECEIPT BY 5:00 P.M. ON MONDAY AUGUST 11, 1996, AS ORDERED BY THE A3LD.

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l To: V. S. Boyer ) li S-25, 2301 Market Street i

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I have a Pennsylvania drivers' license, and am willing to drive a bus or other vehicle, if called on, to transport people during an emergency at Limerick Generating Station. I am willing to be trained and licensed as necessary.

/L $se u, A nh~A Signature il Aa Department N[

Location /MS8NM Employing Officer / [ M '- v' Payroll Number M#f-7/2

• Home Zlp Code / '7 S F 3 Return to Roberta Kankuc, S 7-1 I

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