ML20215H609

Proposed Findings of Fact & Conclusions of Law on Contention Re Manpower Mobilization.W/Certificate of Svc

ML20215H609
Person / Time
Site:	Limerick
Issue date:	10/16/1986
From:	Otto T PENNSYLVANIA, COMMONWEALTH OF
To:
Shared Package
ML20215H586	List: ML20215H584 ML20215H609
References
LBP-85-25, OL, NUDOCS 8610240049
Download: ML20215H609 (6)

Text

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'JSNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION -

ATOMIC SAFETY AND LICENSING BOARD '86 0CT 17 Pl2:32 BEFORE ADMINISTRATIVE JUDGES:

Helen F. Hoyt, Chairperson

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Dr. Richard F. Cole DCCXEi ,

3 Jerry Harbour

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In the Matter of )

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PHILADELPHIA ELECTRIC COMPANY ) Docket Nos. 50-352-O L ^

) 50-353-O L (Limerick Generating Station, )

Units 1 and 2) ) ,

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APPE A R A NCES Robert M. Rader, Esq., and Nils N. Nichols, Esq., of. Conner & Wetterhahn, P.C.,

Washington, D.C., for Philadelphia Electric Company.

Benjamin 11. Vogler, Esq., and Joseph Rutberg, Esq., Washington, D.C. for the Nuclears Regulatory Commission.

Theodore G. Otto, III, Esq., Harrisburg, Pennsylvania, for the Coramonwealth of Pennsylvania.

Angus R. Love, Esq., for the Graterford Correctional Institution inmates.

Michael B. Ilirsch, Esq., Office of the General Counsel, Federal Emergency Management Agency, hashington, D.C., for FEM A.

PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW

l. INTRODUCTION By order dated August 28, 1986, the Atomic Safety and Licensing Appeal Board reversed the Atomic. Safety and Licensibg Board's (Licensing Board) order of June 12, 1986 and its Fourth Partial Initial Decision, LBP-85-25 to the extent that they excluded the inmates' manpower mobilization contention. Shortly thereafter, the Licensing Board 8610240049 861016 ,

PDR ADOCK 05000352 l

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scheduled a hearing on September 22, 1986 regarding the manpower mobilization contention. Discovery was conducted by all parties, with witness lists being exchanged on September 12, 1986.

At the hearing held on September 22, 198.6, the Commonwealth of Pennsylvania presented the testimony of Richard A. Buell, who is District Manager, Network Technical Services for the Bell Telephone Company of Pennsylvania, and Charles H. Zimmerman, Superintendent, State Correctional Institution at Graterford (SCl-Graterford). The Graterford inmates presented the testimony of Richard T. Brown, Comm.unications Technician, AT&T Communications and William Miller, Manager of Switching Services, Bell Telephone Company of Pennsylvania. The Federal Emergency Management Agency (FEM A) presented the testimony of James R. Asher of FEMA.

The testimony of these witnesses and the exhibits admitted into evidence at the hearing provide ample evidence upon which to make a decision on the admitted contention.

Accordingly, below are the Commonwealth's proposed findings of fact and conclusions of law.

11. FINDINGS OF FACT The inmates' manpower mobilization contention alleges that "[t]here is no reasonable assurance that the call-up system to be utilized in the event of a nuclear emergency in order to mobilize the entire work force of State Correctional Institute (sic) at Graterford will achieve its designated purpose" Proposed Revised Contentions (May 13, 1985) at Page 2.

1. If an evacuation of the institution was necessary between the hours of 6:00 a.m and 10:00 p.m., there would be enough manpower at the institution to evacuate the inmates without additional manpower (Zimmerman, Tr. 21451-2, 21469, 21495-6).

2. During the 10:00 p.m. to 6:00 a.m. shift, approximately fifteen percent (15%)

of the total off-duty staff would need to be called in (Zimmerman, Tr. 21451, 21453).

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3. SCl-Graterford has four (4) shif ts, 6:00 a.m. to 2:00 p.m., 2:00 p.m. to 10:00 p.m. and 10:00 p.m. to 6:00 a.m. There is also a shift that begins anywhere between 7:00 a.m. and 9:00 a.m. through 5:00 p.m. (Zimmerman, Tr. 21450-3).

4. The institution is almost like a little city during the 6:00 a.m. to 10:00 p.m.

shifts; and if the institution was locked down during these time periods, the additional staff necessary to operate the institution would be available to evacuate the institution according to the plan (Zimmerman, Tr. 21452).

5.- If additional manpower is necessary to evacuate the institution, all off-duty staff are sufficiently trained to assist in the evacuation since they have been trained in the care, custody and control of inmates (Zimmerman, Tr. 21.453). ,

6. If additional manpower was needed, the institution has an established call '

in procedure, which relies on commercial telephone lines. This procedure has always provided the institution with sufficient manpower (Zimmerman, Tr. 21454, 21462-3).

7. SCl-Graterford has sixty-six (66) available phone lines, ten (10) of these lines being switched in Philadelphia and a hot-line to the Pennsylvania State Police At Limerick (Zimmerman, Tr. 21456-7).

8. SCl-Graterford also has other means of either calling in the additional manpower or having the manpower provided from cther institutions (Zimmerman, Tr. 21461-7).

9. The institution has nineteen (19) telephone lines that work in the event of a power failure (Commonwealth Exhibit No.1; Zimmerman, Tr. 21473-490).

10. The call-up procedure will hilow the institution to meet the one to two (1-2) hour estimate for calling off-duty personnel and the two to three (2-3) hour estimate in adverse weather (Zimmerman, Tr. 21468).

11. Mr. Richard A. Buell, District Manager, Network Technical Services, Bell of Pennsylvania, has a Bachelor of Science in Civil Engineering from Lehigh University.

He also provides technical support for various organizations in the company, as far as

d technical matters concerning telephone network. He .has been employed by Bell of Pennsylvania or its predecessors for a little over thirty (30) years, and has an awareness of the ' telephone switching stations in the Commonwealth (Buell, Tr. 21386-7).

12. Mr. Buell could identify twenty-one (21) telephone lines from SCI-Graterford that go into the Collegeville central office, which is a switching station for the telephone company (Buell, Tr. 21388, 21390-1).

13. Ten (10) telephone lines from SCI-Graterford are switched at the Collegeville central office, ten (10) lines from Graterford go through the Collegeville central office, -

but are switched in Philadelphia (Buell, Tr. 21390-1).

14. One telephone line is a private line from SCI-Graterford to the Pennsylvania ,,

State Police. This line is not effected by an overload (Buell, Tr. 21391).

15. There could be more telephone lines coming from SCI-Graterford into the Collegeville central office, which Mr. Buell could not identify (Buell, Tr. 21392).

16. The telephone company engineers its telephone service for a dialtone to be provided durin.g the business hour to ninety-seven percent (97%) of our customers '.vithin i three (3) seconds (Buell, Tr. 21392-3).

1 17. An overload condition exists when the telephone company does not get dialtone to ninety-seven percent (97%) of the customers within three (3) seconds (Buell, Tr. 21431-2).

18. Even in an overload situation, all calls would be completed (Buell, Tr. 21421).

19. Telephone usage between the hours of 10:00 p.m. and 6:00 a.m. is normally ,

much lower than the load the telephone company would expect during the busy hours

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(Buell, Tr. 21409-10).

20. During Hurricane Agnes, there were equipment failures, lines down and a j eentral office under water (Buell, Tr. 21405).

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21. The Collegeville central office, as well as many of the central offices immediately contiguous to the Collegeville central office (Trooper, Centerville, i

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Harleysville) are either currently served by a 5 ESS System or will be so served in the near future. The 5 ESS System is the state of the art for the company (Buell, Tr. 21406-7).

111. CONCLUSIONS OF LAW The Board has considered all proposed findings of fact and conclusions of law filed by the parties. We have also considered all of the testimony and exhibits submitted I

by the parties. Based upon a review of the entire record in this proceeding, the Board concludes that: ,

22. That there is a reasonable assurance that the call-up system in place which will be utilized in the event of. a nuclear emergency in order to mobilize manpower -

necessary to evacuate SCI-Graterford will achieve its designated purpose and, thus, complies with NUREG-0654 and 10 CFR 0 50.47(aX1).

IV. ORDER Pursuant to 10 CFR Q 2.760(a) of the Commission's Rules of _ Practice, this decision will constitute the final decision of the Commission forty-five (45) days from the date of issuance, unless an appeal is taken in accordance with 10 CFR I 2.762 or the Commission directs otherwise. See also 10 CFR 69 2.764 and 2.785 and 2.786.

Any party may take an appeal from this decision by filing a . Notice of Appeal within ten .(10) days af ter 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 (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 opposition to the appeal of any other party. A responding party shall file a single, responsive brief regardless of the number of appellant briefs filed. See 10 CFR 6 2.762(c).

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liMi' CERTIFICATE OF SERVICE

'86 0CT 17 R2:32 1 hereby certify that I have this day served a copy of the foregping document 00CXf.iji,,. . ; ,'yj' ulon the following by overnight delivery service, except as otherwise indicdtedM Robert M. Rader, Esquire Angus R, Love, Esquire ,

Conner and Wetterhahn, P.C. Montgor..ery County Legal Aid 1747 Pennsylvania Avenue 107 East Main Street Washington, D.C. 20006 Norristown, Pennsylvania 19401 eBPI Benjamin H. Vogler,- Esquire

• John L. Patten, Director Counsel for NRC Staff Pennsylvania Emergency Management Office of the Executive Agency Legal Director B-151 Transportation and Safety Building U.S. NRC Harrisburg, Pennsylvania 17120 Washington, D.C. 20555 Docketing and Service Section Michael B. Hirsch, Esquire Office of the Secretary Office of General Counsel U.S. N R C Federal Emergency Management Agency i Washington, D.C. 20555 500 C. Street, S.W., Room E40 Washington, D.C. 20472 l

l heodore G. Otto,111

/ Chief Counsel Pennsylvania Department of Corrections l

Dated: October 16, 1986

• Iland Delivered