ML20245H599
| ML20245H599 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 08/11/1989 |
| From: | Margulies B Atomic Safety and Licensing Board Panel |
| To: | Federal Emergency Management Agency, GRATERFORD INMATES, NRC OFFICE OF THE GENERAL COUNSEL (OGC), PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC, PENNSYLVANIA, COMMONWEALTH OF |
| References | |
| CON-#389-9031 89-587-03-OL-R, 89-587-3-OL-R, OL, NUDOCS 8908170202 | |
| Download: ML20245H599 (7) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION >
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ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges Morton B. Margulies, Chairman Dr. Jerry Harbour Dr. Jerry R. Kline SERVEb AUG 141989
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In the Matter of
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Docket Nos. 50-352-OL
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50-353-OL PHILADELPHIA ELECTRIC COMPANY
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ASLBP-No. 89-587-03-OL-R (Limerick Generating Station,
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Units 1 and 2)
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August 11, 198S
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MEMORANDUM AND ORDER (Terminating Proceeding)
On August 7, 1989, counsel for Federal Emergency Management Agency, State Correctional Institution at Graterford inmates, Pennsylvania Department of Corrections, Pennsylvania Emergency Management Agency, Philadelphia Electric Company and Nuclear Regulatory Commission staff jointly submitted to the Licensing Board a request for dismissal of the remaining contention of the Graterford inmates and termination of the proceeding.
The subject Graterford inmate contention raised as an issue whether the radiological emergency response plan relating to the prison complies with the standard of 10 C.F.R.
- 50. 4 7 (b) (15) insofar as radiological emergency response training is provided to civilian personnel (e,g., bus and ambulance drivers) who may hDk A
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. be called upon to assist in the event of an energency that would require evacuation of Graterford.
The heart of the issue is whether the drivers who would be used to evacuate Graterford would receive adequate training as distinguished from being offered adequate training.
The Commission instituted this proceeding by Order of April 14, 1989, in response to a remand of the United States Court of Appeals for the. Third Circuit in its decision in Limerick Ecoloav Action, Inc.
v.
U.
S.
Nuclear Reculatory Commission, 869 F.2d 719 (3rd Cir. 1989).
The Court granted the inmates' petition for review which challenged the Commission's exclusion of consideration of whether an offer of training will satisfy the requirement that training be provided to the evacuation plan participants.
On May 30, 1989, the parties submitted to the Licensing Board a stipulation in which they agreed, inter alia, that all bus and ambulance drivers will be employees of the Pennsylvania Department of Corrections; that they will receive specified requisite training, and that appropriate changes will be mada in the Graterford Radiological Emergency Response Plan.
They further agreed that the concerns expressed by the Graterford inmates in their remaining contention have been met and that there is reasonable assurance that the radiological response plan relating to the Graterford prison complies with the standard of 10 C.F.R.
- 50. 4 7 (b) (15).
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. The parties went on to stipulate that the remaining contention of the inmates shall be dismissed and the proceeding terminated, effective on notification to the Licensing Board and the parties by the Pennsylvania Department of Corrections that at least 75 of the drivers have received the described training.
We accepted and approved the stipulation, except as to the process proposed for dismissing the contention and terminating the proceeding.
Rather than permitting the termination of the j
proceeding upon mere notice of a participant, which in effect would result in ceding our jurisdiction, we stated, "We would have no hesitancy about passing upon a request by the parties for dismissal and termination of the proceeding when 75 of the drivers have been trained, the condition provided for in the Stipulation."
LBP-89-14, 29 NRC (1989).
In the parties request of August 7, 1989, calling for the dismissal of the contention and termination of the proceeding, they report that as of July 18, 1989, a total of 100 employees of the Pennsylvania Department of Corrections who would serve as bus and ambulance drivers in an actual radiological emergency have completed their training.
Further, the 100 trained employees meet the requirement of the revised Radiological Emergency Response Plan for the State Correctional Institution at Graterford, which calls for 66 trained drivers and an additional 34 in reserve.
-4 The complaint of the Graterford inmates has been satisfied without the need for a formal hearing.
No further health or safety issue remains.
The Licensing Board is unaware of any reason why the request of the parties for concluding the proceeding should not be granted.
Based on the foregoing, the request of the parties for dismissal of the Graterford inmates' contention and termination of the proceeding is hereby granted.
The proceeding is terminated.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD x,
4 s
--f Morton B. Marvulies) Chairman ADMINISTRATIVE LAW ~ JUDGE l
Bethesda, Maryland August 11, 1989 l
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l' 4 The complaint of the Graterford inmates has been satisfied without the need for a formal hearing.
No further health or safety issue remains.
The Licensing Board is unaware of any reason why the request of the parties for concluding the proceeding should not be granted.
4 Based on the foregoing, the request of the parties for dismissal of the Graterford inmates' contention.and termination of the proceeding is hereby granted.
The proceeding is terminated.
1 It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD r
14 Morton B. Margulies/ Chairman ADMINISTRATIVE LAW" JUDGE Bethesda, Maryland August 11, 1989 I
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UHITED STATES.0F AMERICA NUCLEAR REGULATORY COMMISSION In'the Matter at PHILADELPHIA ELECTRIC COMPANY 1
Docket No.(s) 50-352/353-OL i
D (Limerick Generatino Station.
I Units 1 and 2)
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CERTIFICATE OF.BERVICE I hereby certify that copies of the foregoing LB MLO TERMINATING PROCEEDING have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.
Administrative Judoe Administrative Judoe Christine N. Kohl, Chairman' Gary J. Edles Atomic Saf ety and Licensing. Appeal Atomic Safety and Licensing Appeal Board Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Administrative Judoe Howard A. Wilber Administrative Judge Atomic Safety and Licensing Appeal Norton B. Margulies, Chairman Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission
. Washington, DC 20555 Washington, DC 20555 Administrate';e Judae Administrative Judge Jerry R. Klir.e Jerry Harbour Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Joseph Rutberg, Esq.
Troy B. Conner, Jr., Esq.
Office of the General Counsel Conner & Wetterhahn, P.C.
U.S. Nuclear Reculatory Commission 1747 Pennsylvania' Avenue. N.W.
Washington, DC 20555 Washington, DC 20006 Charie: W.
Elliott, Esq.
Edward G. Bauer, Jr., Esc.
Poswistilo, Elliott & Elliott Vice President and General Counsel 1101 Northampton Street, Suite 201 Philadelphia Electric Company Easton, PA 19042 2301 Market Street Philadelphia, PA 19101 1
1 a
Ducket No.(s)$0-352/353-OL LB MhD TERMINATING PROCEEDING Vincent S. Boyer.
Anous R. Love, Esq.
Vice rresident - Enor, & Res.
Montoomery County Leoal Aid Service Pht'!adelphia Electric Company 107 East Main Street 2301 Market Street Norristown, PA 19401 Philadelphia, PA 19101 Frank R. Romano David Stone Chairman Limerick Ecology Action. Inc.
Air 'nd Water Pollution Patrol P.O. Box 761 a
4 61 Forest Avenue Pottstown, PA 19464 Ambler, PA 19002 Charles E. Rainey, Jr., Esa.
Robert J. Sugarman, Esq.
Chief Deputy City Solicitor 101 North Broad Street, 16th Floor City of Philadelphia Philaceiphia, PA 19107 1 Reading Center, Fifth Floor Philadelphia, PA 19107 Michael B. Hirsch, Esq.
David Warsan, Esq.
Federal Emergency Management Agency Assistant Consumer Advocate 500 C Street S.W.
Office of Consumer Advocate Washington, DC 20472 1425 Strawberry Square Harrisburg, PA 17120 Theocare G. Otto, !!!, Esq.
Chief Counsel Robert L. Anthony Pennsylvania Department of Corrections Box 186 P.O. Box 590 Moylan, PA 19065 Camp Hill. PA 17011 Grecory E. Dunlap Deputy General Counsel Senior Resident Inspector The Commonwealth of Pennsylvania U.S. Nuclear Requistory Commission Office of General Counsel P.O. Box 596 333 Market Street, 17th Floor Pottstown, PA 19464 Harrisburg, PA 17120 Datec at Rockville, Md. this 14 day of August 1989 biilbb"bi the S'ec etary $I the Cbmb5$$5bn
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