ML20246H097

Transcript of 890512 Hearing in Philadelphia,Pa.Pp 1-20

ML20246H097
Person / Time
Site:	Limerick
Issue date:	05/12/1989
From:	Atomic Safety and Licensing Board Panel
To:
References
CON-#289-8619 OL, NUDOCS 8905150343
Download: ML20246H097 (22)

Text

- - - - - - --- - --_

DlCliJ

r Ol\lVli\M*_

O UNITED STATES NUCLEAR REGULATORY COMMISSION L

i

(

ATOMIC SAFETY AND LICENSING BOARD I In the Matter of: )

) Docket Nos, j PHILADELPHIA ELECTRIC COMPANY ) 50-352-OL

) 50-353-OL LIMZRICK GENERATING STATION, )

UNITS 1 AND 2 )

y l

Pages: 1 through 20 Place: Philadelphia, Pennsylvania Date': May 12, 1989  ;

....=... ...==============================================

-~'1 HERITAGE REPORTING CORPORATION or 0%Reportm 1226 L Street, N.W., Suke 600 WasMnston, D.C. 20005 8905150343 89o512 , (202) 6M PDR ADOCK0500g"y T

i 1

I UNITED STATES NUCLEAR REGULATORY COMMISSION  :

ATOMIC SAFETY AND LICENSING BOARD In the Matter of: )

) Docket Nos.

PHILADELPHIA ELECTRIC COMPANY ) 50-352-OL

) 50-353-OL ,

LIMERICK GENERATING STATION, ) l UNITS 1 AND 2 )

Friday, May 12, 1989

~

Room 300 U.S. Customs House 2nd and Chestnut Streets Philadelphia, Pennsylvania The above-entitled matter came on for hearing, 'j pursuant to notice, at 9:30 a.m.

r BEFORE: JUDGE MORTON B. MARGULIES, CHAIRMAN Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555  !

JUDGE JERRY HARBOUR, Member Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 JUDGE JERRY R. KLINE, MEMBER Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 I

l Heritage Reporting Corporation O (202) 628-4888 i

2 APPEARANCES:

l p, -

\

'N For the Acolicant:

TROY B. CONNER, JR., ESQ.

ROBERT M. RADER, ESQ.

Conner & Wetterhahn, P.C.

1747 Pennsylvania Avenue, N.W.

Washington, D.C. 20006 For the NRC Staff:

JOSEPHRUTBE[f ESQ.

ED TROTTIER, ESQ.

U.S. Nuclear Regulatory Commission 1

Washington, D.C. 20555 For the Federal Emercency Manacement Acencv:

MICHAEL HIRSCH, ESQ.

LINDA MCPHETERS, ESQ.

Federal Emergency Management Agency i 500 C Street, S.W.

Washington, D.C. 20472 For the Pennsylvania DeDartment of Corrections:

DAVID B. FARNEY, ESQ Department of Corrections 2520 Lisburn Road P.O. Box 598 Camp Hill, Pennsylvania 17011 For the Interveners:

ANGUS R. LOVE, ESQ.

Montgomery County Legal Aid Service 107 E. Main Street Norristown, Pennsylvania 19401 THOMAS R. ELLIOTT, ESQ.

CHARLES W. ELLIOTT, ESQ.

Postwistilo, Elliott & Elliott 1101 Building Easton, Pennsylvania 18042 l

l Heritage Reporting Corporation (202) 628-4888 L________-_--____-_

l j

3 1 PROCEEDINGS

/

Good

.( j 2 JUDGE MARGULIES: Please come to order.

3 morning.

l 4 On April 14, 1989, the Nuclear Regulatory j 1

5 Commission issued an order calling for a licensing board to i

6 conduct proceedings to consider the contention of an inmate j 7 of the State Correctional Institution at Graterford that

. 8 questions whether the radiological emergency response plan 9 relating to the Graterford Institution complies with the 10 standard of 10 CFR 50.47 (B) (15) insofar as radiological 11' response training is provided to civilian personnel who may 12 be called upon to assist in the event of an emergency that j 13 would require evacuation of the prison.

14 The Commission action resulte'd from an opinion 15 issued February 28, 1989, by the United States Court of 16 Appeals for the Third Circuit in Martin v. NRC, No. 87-3190, 17 Slip Opinion 69 through 71, and at 77. i 18 The Court agreed with Martin that the Commission 19 erred in refusing to permit litigation of whether the 20 civilian personnel might be called upon to assist in the

. 21 evacuation of Graterford would receive training as distinct 22 from being offered training which was previously litigated.

~

23 This licensing board was established on April 14, 24 1989, to preside at the proceeding called for by the j 25 Commission. Judge Jerry Harbour is on my left. Judge Jerry Heritage Reporting Corporation

{%)

, (202) 628-4888

'4 1 R. Kline is'en my right. And I am Judge Morton B.

2 Margulies.

3 We issued a prehearing conference order on April 4- 18, 1989, setting forth an agenda of the subjects we will 5 cover.today.

6' I want to mention that the Commission on May-5, 7 1989, issued-an order -for the convening of a licensing board

. 8 to conduct proceedings relating to the Limerick Generating 9 Station resulting from the Third Circuit's decision in

10. Limerick Ecoloav Action v. NRC, Nos. 85-3431, 86-3314, and 11 87-3508. Slip Opinion at 76.

12 The' court ordered the agency to give additional

~

13 consideration to a contention asserting that in order to 14 comply with its obligations under the National Environmental

15. Policy Act the agency must consider certain design 16- . alternatives for the mitigation of severe accidents at the 17 Limerick Generating Station.

18 On May 9, 1989, a licensing board was appointed to 19 hear that issue. Its members are somewhat different from 20 this board. It consists of Judge Frederick J. Shon, Judge

. 21 Harbour and myself.

1 22 This conference today provides an opportunity for 23 the setting of a prehearing conference date in that 24 proceeding. We will treat that issue some time this 25 morning.

Heritage Reporting Corporation O

t (202) 628-4888

5 1 We will now take appearances. . Please: indicate in 2 wh'ich of the proceedings you are interested and will 3 participate in.

4- Who appears-for the Applicant?

5 MR. CONNER: If the Board please, my.name is Troy 6 B. Conner, Jr. With me'is Robert M. Rader from the firm of 7- Conner & Wetterhahn. Our appearance, of course, was. j I

j

a. 8 previously filed, and we will appear in all of the cases. .

.9 JUDGE MARGULIES: Thank you.

10 Who appears for NRC Staff?

11 MR. RUTBER: I am Joseph Rutber appearing for the 12 NRC Staff. And with me is Ed Trottier. We will be 13 appearing in both proceedings.

14 JUDGE MARGULIES: Who appear for the Interveners?

k 15 MR. LOVE: Angus Love, Montgomery County Legal Aid 16 Societ'y for the Interveners, the Graterford Inmates.

17 MR. C. ELLIOTT: ,.If it please the Board, Charles 18 Elliott for Limerick Ecology Action. -With me is Thomas 19 Elliott, the firm of Poswistilo, Elliott & Elliott.in 20 Easton. We will participate in that part of the proceeding

, 21 that relates to the severe action mitigation alternatives.

22 -JUDGE MARGULIES: Mr. Love, did you st; ate in which 23 of the proceedings you will participate in? l 24 MR. LOVE: Excuse me, I'm sorry.

25 The contentions regarding the training issue for J

l Heritage Reporting Corporation l (202) 628-4888 l l

1

(

s ,

,b 6 1 .the radiological emergency response plans for the O

Q i

, 2 Interveners, the Graterford Inmates.

3 . JUDGE MARGULIES: Thank.you.

4 Are there any additional appearances?

5 MR. HIRSCH: Yes, Your Honor. My name is Michael 6 Hirsch. I am here representing FEMA, as is Linda McPheters.

7 And we are here only on the Graterford issue.

... 8 MR. FARNEY: May it please the Board, my name is 9 David Farney. I am attorney with the Department of 10 Corrections, and I am here only on the training issue of the 11 State Correctional Institution of Graterford.

12 JUDGE MARGULIES: Any other appearances?

13 (No response.)

14 JUDGE MARGULIES: The first item on our agenda is

\ 15 the simplification, clarification and specification of the 16 issue.

17 Does the issue as stated in the Commission's order 18 instituting this proceeding need any further simplification 19 and clarification?

20 MR. RUTBER: Your Honor, from the Staff's

. 21 perspective, I don't think it needs any clarification or 22 changes.

~

23 JUDGE MARGULIES: Do any other counsel wish to be 24 heard?

25 MR. CONNER: If the Board please, this may not be Heritage Reporting Corporation T (202) 628-4888

l 4

7 1 1 specifically on the issue, but I could tell you what we plan (G) J 2 to do in order to alleviate the problem. We can certainly 3 simplify the problem, if not necessarily the issue.

4 Should I proceed to tell you what we had in mind, ,

I or would you rather we wait?

~

5 6 JUDGE MARGULIES: Is that in terms of your general f

7 strategy in the proceeding, or does it relate to this? i l

. 8 HR. CONNER: Yes, sir. I really believe we will 9 moot this issue by the action we will take. That is, 10 simplifying it.

11 JUDGE MARGULIES: Okay, go ahead.

12 MR. CONNER: It is our claim at this time, and we 13 have talked with the Bureau of Corrections and with FEMA, 14 that the Philadelphia Electric Company will do the same

( ,) 15 training that it did through Environmental Consultants in 16 the previous part of this case, and will provide the 17 training on radiological safety to the State Bureau of 18 Corrections bus drivers who might be used in the event of an 19 emergency. And we believe this can all be completed and 20 wound up within a month.

21 JUDGE MARGULIES: All right. I think that really 22 comes under the Item 2 of our agenda, or it would be more 23 appropriate. Let's go back to Item 1 in terms of the 24 specification of the issue.

25 Does it require any modification or clarification?

p Heritage Reporting Corporation

( (202) 628-4888

l g-

1. MR.-LOVE:- I would concur with the statement as -

'2 it's written.

L 3. JUDGE MARGULIES: There being no further comment, 4 we will treat the issue as was specified by the Commission' 5 in its order l calling for the institution of this proceeding.

i 6 We will now move to Item 2, and you heard Mr.

7 Conner's statement.

. . . 8 Does anyone wish to comment on it?

9 .MR. HIRSCH: FEMA would like to comment'for just a 10 moment, Your. Honor.

11 Mr. Conner said that FEMA has heard from PECO, and 12 I am not aware, and my. witnesses in the back of the room are.

13 not aware of what Mr. Conner is referring to. But I don't 144 think we have to delay the proceeding. I just wanted to 15 -note for'the record that we had not heard anything formally 16- from PECO with respect to their plans.

17 MR. CONNER: If the Board please to clarify that, 18 I meant only the informal conversation we had just before 19 the prehearing conference started. That is, what we would 20 plan to do, and it might be will to hear from the Bureau of 21 Corrections and FEMA if there is any problem with our game 22 plan. The details, of course, have to be worked out and i 23 scheduled. I j

24 JUDGE MARGULIESt Did your conversations take 25 place with Mr. Love? Was he a party to those Beritage Reporting Corporation g

(202) 628-4888

9 1 conversations?

(%/  ! 2 MR. CONNER: No, sir.

3 JUDGE MARGULIES: Do you wish to comment, Mr.

4 Love?

5 MR. LOVE: Yes. This is the first I have heard of 6 this. There was considerable testimony and evidence put 7 forth in the first go round indicating what the prior

. 8 arrangements had been made to conduct the training of' 9 civilians to be utilized in the plan. And this is a 10 substantial departure from the previous testimony. So I 11 would like time to review whatever changes are being offered 12 in the plan.

13 JUDGE MARGULIES: Do you think it would be helpful 14 that if we would recess at some time this morning, it would 15 be something that you would want to discuss before we go on 16 to take up the other issue?

17 MR. LOVE: I think that might be a wise idea, yes.

18 MR. FARNEY: Your Honor, if I may add at this 19 point to somewhat clarify what Mr. Conner has stated 20 earlier.

, 21 It was the department's intention to use only 22 department employees as bus drivers in the event of an 23 emergency and need for an evacuation from Graterford. And I i

24 would agree with Mr. Conner that that would in fact moot the 25 issue. That's correct, noncivilians. They would be all i

.,q Heritage Reporting Corporation

! (202) 628-4888

( .,

h- -u-.-.____. _ - _ _ - _ _ _ _ -.m_.____.-____

c 10 L 1 ' department employees. ~

'2' JUDGE MARGULIES: So that would be.a departure.

3' from the previous plan.

4 MR. FARNEY: It is a change from'that, Your. Honor, 5 yes.

6 (The Board confers.)

7 JUDGE MARGULIES: it would appear that.the

. 8 appropriate thing to do at this time is for all of the 9 parties to get together,.the Applicant, Staff, FEMA, 10 Department of Corrections and Mr. Love, to review the 11 proposal and to determine how it affects your various

.12 positions. .So'we will-take a 15-minute rea9ss, during which 13 time you can discuss those aspects and we will continue with 14 discussing Item No. 2.

15 'But before we do that, it may be productive to ,

16 just go into the matter of the other proceedings in terms of 17 setting up a prehearing conference date for that other 18 proceeding.

19 I have checked with all the board members of that 20 other board, and we have as open dates the week of June 5th 21 or the week of June 19th, 22 MR. C. ELLIOTT: Your Honor, I have a previously 23 scheduled arrangements to be out of the state the week-of 24 the-19th. But the week of the 5th would be fine.

25 JUDGE MARGULIES: That satisfies Mt. Elliott.

Beritage Reporting Corporation

, (202) 628-4888 i

L 11 1 How about the other counsel?

v,m

( 2 MR. RUTBER: The Staff will be available during 3 that week of June 5th.

4 JUDGE MARGULIES: Mr. Conner.

5 MR. CONNER: We will, of course.

6 We might note for the record that we have received 7 none of the notices that you referred to earlier, just for

. 8 the record. I'm not sure what difference it makes, but we 9 have not seen the Commission order, and I assume the other 10 parties have not also.

11 JUDGE MARGULIES: Do you have a copy of the 12 Commission order? ,

13 MR. C. ELLIOTT: Yes. May 5th.

14 JUDGE MARGULIES: It's in terms of the appointment 15 of the board. That was May'9th, and it may have been served

'16 yesterday. It's probably going to be served today. But I 17 do have copies. And if you would like to examine them, feel ,

18 free to.

19 MR. CONNER: But with all the parties here, I mean 20 we could conceivably agree to have this as the prehearing

.- 21 conference. Since we are all here, it would save a trip and 22 it might save some time.

23 JUDGE MARGULIES: As Judge Harbour says, we don't 24 have the judges. Judge Shon is not here.

25 MR. CONNER: We have a quorum.

Beritage Reporting Corporation (202) 628-4888

' (J

l

{

l 12 h l l' 1 JUDGE MARGULIES: ~Let's set a more specific date l 2 than.the week of the 5th.

3 MR. C. ELLIOTT: June 5th?

4 JUDGE MARGULIES: How about the 6th?

5 MR. C. ELLIOTT: Very well.

6 JUDGE MARGULIES: Does that meet the requirements 7 of all the parties?

8 (No response. )

9 JUDGE MARGULIES: There being no response, 10 obviously it does. The prehearing conference will be held 11 on the 6th of June at 9:30. We will try to arrange for this 12 hearing room.

13 MR. CONNER: Your Honor, might I make a 14 suggestion? -Would 10:00 be equally agreeable? '1 hat let's 15 us come up in the morning. If not, then we would come up 16 the night before.

17 JUDGE MARGULIES: Is there any objection?

18 MR. C. ELLIOTT: None at all.

19 JUDGE MARGULIES: It will be set for 10:00, 20 We will recess for 15 minutes to enable counsel to

, 21 discuss the proposed course'of action and I would like for 22 you to come up with a determination how it affects your 23 various positions. If it takes longer than the 15 minutes, 24 we will give you the additional time.

25 We will recess until 10:00.

Heritage Reporting Corporation (202) 628-4888 l

L -

13 L 1- (Whereupon, a recess was taken.)

p .. N 2 JUDGE MARGULIES: Back on the record.

3 Would you advise the Board where your discussions 4 have led?-

5 MR. CONNER: Yes,. sir.

6 I believe we have found several men of good will 7 present today. We would propose'the following for.the

,. 8 Board's approval.

9 We would propose to draw up a stipulation to 10 resolve this issue by reciting in this what the Department 11 of Corrections plans to do to provide the variety of 12 personnel from the Bureau of Corrections who would provide 13 the driving service.

14 What Philadelphia Electric Company would do to 15 provide the training from the organization previously 16 identified, and the name is now Schneider EC. As that group 17 has done in the past in this proceeding, that group would 18 submit lesson plans for the appropriate training to FEMA and i

19 to the Bureau of Corrections for review which they say would 20 be done promptly.

21 That we would then proceed to conduct the training l

22 which we estimate can be completed within a month. l 4

23 Procedurally, we propose that we, Philadelphia Electric, go 24 prepare a rough draft which we will circulate to all the 25 parties so that they should receive it on Tuesday. That Beritage Reporting Corporation

\

(202) 628-4888 i

1

-_m___________...________. _ _ _ _ _ _ . _ _ _ _ . . _ _ . m._ _ ]

i 14 1 each of the parties will phone in any comments, changes, 2 ideas they have'to us. We will maintain some sort of a h 3 master draft.

4 Then a week from today at 10:00 a.m. we will have 5 a conference call between all the parties to try to finalize 6 this stipulation which, if agreed upon at that time or soon 7 thereafter is agreed upon, would be circulated to each of

. 8 the parties. Assuming they agree, they will each sign on 9 their appropriate signature line and forward that document 10 to the Board and to the other parties.

11 We would then assemble the document with the 12 several signature pages on the back to substitute for the 13 ones sent to the Board if the Board wishes. We want to do 14 this~in order to save mail time If we had to do signatures 15 round robin, that would take a week or two probably. But if 16 we send in the individual signature pages to the central 17 point to be with the Board, and then substitute the other 18 pages to make it a-less bulky document, or however the Board 13 wishes, we believe we can have the matter resolved quickly.

20 There will be a provision in there that to the 21 effect the training does not occur, if some of the I

22 conditions set forth in the stipulation were not met, Mr.

23 Love or indeed any other party would have a right to come F

24 back to the Board.

25 That upon notification to the Board that training l

-( Heritage Reporting Corporation I (202) 628-4888 Lo

i l

l 15 1 has been completed, we would assume that the stipulation

! ) 2 would have resolved the issue and will be dismissed.

\_/

3 JUDGE MARGULIES: Mr. Love.

4 MR. LOVE: Yes. It's my understanding that the i

5 Department of Corrections is willing to revise the plan.

l 1

6 The plan previously called for the use of civilian bus and

{

7 ambulance drivers that would be driving the buses and i

{

8 ambulances to be used in the plan.

i 9 The department is now indicating that they are -

~

10 willing to use their own employees and therefore we don't 11 have to deal with the very difficult issue of utilizing 12 civilians in such a, what I term dangerous endeavor. So we 13 are glad to see that and what I think Mr. Conner is saying 14 is that the Department of Corrections will draw up a

() 15 revision of the plan, then will pass it on to PECO, will 16 pass it on to FEMA and aise myself for comment and hopefully 17 approval.

18 But the stipulation that he is suggesting will 19 just outline that these things are going to occur. So if 20 this stipulation includes the details, because I understand 21 there may be some time problem in getting all the details of 22 the proposed revision by the department, if this includes 23 the details, then I think we are well on our way towards 24 resolving this insue without a hearing.

25 I do want to review the stipulation with my Heritage Reporting Corporation l

[

n\ (202) 628-4888 s .

l l

l

16 1 expert, Major John Case, and so I will reserve comment on

()

i 2 his feelings on this. stipulation.

3 The only other point I would like to make is I 4 don't believe that this moots the issue. I think it's more 5 in terms of a revision of the plan; just a procedural 6 matter.

7 MR. CONNER: If the Board please to flesh out what l

. 8 Mr. Love has just stated, we see resolution of the issue as 9 providing the training. It is not necessarily revising the 10 Bureau of Corrections overall plan which I understand takes l

11 some additional time.

12 I believe you can properly order this stipulation 13 so that it will satisfy all the parties, but that

,, 14 distinction did come up in our conversation.

Q 15 MR. LOVE: May I just comment on that?

16 I don't see how you can provide the training 17 without revising the plan, because the main problem was how 18 are we going to train these particular anonymous civilians.

19 So I still think we are talking about different things here.

20 JUDGE MARGULIES: Well, Mr. Love, if the training

. 21 is provided, do you have any problem with what they call it 22 in terms of a revision of the plan?

23 MR. LOVE: Yes, I do.

24 JUDGE MARGULIES: You do?

25 MR. LOVE: Because what I have seen, the plan O Heritage Reporting Corporation (202) 628-4888

17 i

(

1 calls for use of civilians from the bus companies and from A

the ambulance companies. And that our whole problem was

() 2 3 that we felt these people might be unreliable. And now we i 4 are talking a whole different situation here, so I think 5 that it should be accurately reflected in the record.

i 6 JUDGE MARGULIES: Well, would the plan ultimately 1

7 be revised to reflect this training of the' Department of 8 Corrections personnel?  :

9 MR. FARNEY: Ultimately, Your Honor, yes, it would 10 be revised. That, as I guess we are talking about, would  !

11 take some time. I think, however, that tne stipulation that 12 Mr. Conner has talked about would address the concern prior.

13 to the whole plan being revised.

14 JUDGE MARGULIES: Would that satisfy you?

(

( 15 MR. LOVE: Yes, that would. Just so it is made 16 clear that there will be a change in the plan, and what the 17 changes will be; that they will be reviewed by the 18 appropriate party. And there is also, I believe, a sign off 19 page for revisions in the plan, in the front of the plan, 20 and I think that should also be included in the proposed 21 course of action.

22 JUDGE MARGULIES: This is something you can go 23 into in detail in the stipulation.

'24 MR. LOVE: Yes.

25 JUDGE MARGULIES: Just so the record is clear, can }

l m Heritage Reporting Corporation

( (202) 628-4888 l

18 1 we have the dates as to when you will get the stipulation to

()

A 2

3 us and when you anticipate that the training will be completed. And I think it's important that you be 4 realistic, not to come forth with a date that you are going to ask for an extension. So let's be realistic in terms of i 5

6 dates.

7 Go ahead, Mr. Conner.

6 MR. CONNER: The best I can do is say that on May 9 15th we will mail out the draft to the other parties on 10 Federal Express or whatever it takes to get there the next 11 day. We will fax it to anybody who has fax machines.

12 We then anticipate that on say the 17th, the 18th, 13 that the other parties will telephone us with what they want 14 changed or what have you so that at 10:00 on May 19th we 15 will set up a conference call wherein hopefully everybody 16 will agree. In which case, we would send out a copy of the l 17 " final plan" or stipulation, I mean, final stipulation to 18 each party so that they would all receive it on the 22nd.

19 In which case I would anticipate that all the problems would 20 be resolved. And that if the copy would be mailed to the l

21 Board on the 22nd or even the 23rd such that the Board would l ,

22 receive the signature pages some time between the 24th, i

23 25th, and 26th.

l 24 Now the weakness in this is if we get into a 25 debate on language or someone gets ill or some emergency s Heritage Reporting Corporation (202) 628-4888 l

19 1, comes up,~that schedule would become optimistic. But in any

( 2 event, I think there is a very good chance that you would 3 receive the_ signed stipulation pages from each of the 4 parties not later than May 26.

5 JUDGE MARGiiLIES: Why don't we make it May 29th, 6 and that will give you the weekend.

7 MR. CONNER: It's a holiday.

,_ 8 JUDGE MARGULIES: The 30th.

9 MR. CONNER: Yes.

10 JUDGE MARGULIES: Is that satisfactory to the 11 parties?

12 MR. FARNEY: Yes, it is.

13 MR. LOVE: Yes.

14 JUDGE MARGULIES: And when would you anticipate

( 15 that the training will be completed by? Thirty days 16 thereafter?

17 JUDGE MARGULIES: I am informed by the people that 18 the EC people have already started working on revising the 19 lesson plans so that I anticipate that the proper parties 20 could deliver from EC, to deliver the revisions to FEMA l ,

21 early next week and the Bureau of Corrections. Hopefully 1

22 they will set up a meeting so that everybody could sit down

., 23 at a table and review it right then and there. Whereupon 24 then the question of scheduling.

1.

l 25 Now I am sort of guessing what the Commonwealth

_. i Beritage Reporting Corporation g (202) 628-4888 I

l l C_______________ _ _ _ _ _ _ _ _ _ _ _ _

20 1 representative would do. Perhaps they would rather speak to

[T 2 it.

\s /

3' MR. FARNEY:- There are some. circumstances, Your 4 Honor, of course that we cannot foresee and we are as'you 5 know quite-short staffed-at this point. So it.may be 6 difficult to get all of the training completed in 30 dayo.

l 7. I don't see any major problem in completing it shortly 8 thereafter. So scheduling may present some problem in l

9 training that. number of employees in 30 days. But certainly 10 we can sit down and work out a schedule for that.

11 JUDGE MARGULIES: And that would be reflected in 12 your stipulation as to what your future scheduling would be 13 on that.

14 MR. FARNEY: Yes, it absolutely would.

15 JUDGE MARGULIES: Is there anything further that 16 'we should discuss this morning?

17 (No response.)

18 JUDGE MARGULIES:. The Board appreciates the good 19- will displayed by the parties to the proceeding, and we 20 expect that it will continue. Thank you very much.

21 (Whereupon, at 10:30 a.m. the hearing was 22 concluded.)

• ~

23 l

24 j 25 Heritage Reporting Corporation (202) 628-4888

1 CERTIFICATE

, f% 2 3 This is to certify that the attached. proceedings before the 4 United States Nuclear Regulatory Commission in the matter 5 of 6 Name: Philadelphia Electric Company 7

8 Docket Number: 50-352-OL, 50-353-OL 9 Place: Philadelphia, Pennsylvania

. 10 'Date: May 12, 1989 11 were held as herein appears, and that this is the original 12 transcript thereof for the file of 'the United States Nuclear l'3 Regulatory Commission taken stenographically by me and, '

14 thereafter reduced to typewriting by me or under the 15 direction of the court reporting company, and that the 16 transcript is a true and accurate record of the foregoing 17 proceedings. If

, j l'b 18 /s/ f ] k ' {V ./;I i

'k\ s 19 (Signature typed:) Hope Cohn 20 Official Reporter 21 Heritage Reporting Corporation d

22

= 23 24 25 Heritage Reporting Corporation O (202) 628-4888

_ _ _ _ _ _ _ _ _ _ _ - _ .