ML20248B434
| ML20248B434 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 06/02/1989 |
| From: | Margulies M 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-#289-8714 89-587-03-OL, 89-587-3-OL, LBP-89-14, OL, NUDOCS 8906090052 | |
| Download: ML20248B434 (10) | |
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- B9 JUN -5 All :42 ATOMIC SAFETY AND LICENSING BOARD OFE L Before Administrative Judges I'CI\\'h Morton B. Margulies, Chairman Dr. Jerry Harbour Dr. Jerry R. Kline SERVE 0 Jun 051999
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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, )
Units 1 and 2)
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June 2, 1989
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MEMORANDUM AND ORDER On May 30, 1989, Counsel for Philadelphia Electric Company, Nuclear Regulatory Commission Staff, Federal Emergency Management Agency, Pennsylvania Emergency Management Agency, Pennsylvania Department of Corrections and the Graterford inmates submitted a stipulation in the captioned proceeding for the purpose of resolving the interest of the Graterford inmates in the proceeding without the need for a formal hearing.
The Commission, by Order of April 14, 1989, defined the issue to be resolved in this proceeding as whether the radiological energency response plan relating to the Graterford Institution complies With the standard of 10 C.F.R.
S50. 47 (b) (15) insofar as radiological emergency response training is provided to civilian 4
personnel (e.g., bus and ambulance drivers) who may be called l
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2 upon to assist in the event of an emergency that would require evacuation of the Graterford prison.
The Third Circuit Court of Appeals remanded the issue to the Commission in an opinion of February 28, 1989, granting a petition for review filed by the Graterford inmates in Martin v. NRC, Nos. 85-3444, 87-3190 and 87-3565.
The stipulation, a copy of which is attached and made a part hereof, recites that the Pennsylvania Department of Corrections, having concluded that because of uncertainties as to the training of civilian bus drivers, it revised its Radiological' Emergency Response Plan by substituting the use of Department of Corrections employees as bus and ambulance drivers rather than employees of bus companies.
In the Stipulation, the parties agree, inter alia, that all evacuation bus and ambulance drivers will be employees of the Department of Corrections; that they will receive specified requisite training; and that appropriate changes will be made in the Graterford Radiological Emergency Response Plan.
The parties to the Stipulation further agreed that the concerns expressed by the Graterford inmates in their remaining contention have been met, and that the Stipulation provides reasonable assurance that the radiological response plan relating to the Craterford prison complies with the standard of 10 C.F.R.
S50.47(b)(15) that radiological emergency response training vill be provided to Department of Corrections personnel (e.g., bus and
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ambulance drivers) who may be called upon to assist in the event of an emergency that would require evacuation of the Graterford prison.
The Stipulation then provides that the remaining contention of the Graterford inmates shall be dismissed and the proceeding before the Licensing Board terminated.
It is to be made effective on notification to the Board and parties by the Department of Corrections that at least 75 of the drivers have received the described training provided, however, that in the event such notification is not given, the proceeding will be reopened on request by the Graterford inmates.
At the outset, we wish to commend the parties for their immediate willingness to resolve the issue at hand through cooperation rather than confrontation.
The Licensing Board has reviewed the Stipulation in its entirety.
The Board accepts and approves the agreement insofar as it provides:
that Department of Corrections personnel will act as the bus and ambulance drivers in the event of an emergency that would require evacuation of the Graterford prison; that the personnel will be provided with the described training; that the appropriate changes will be made in the Graterford Radiological Emergency Response Plan; that the concerns expressed by the GraterfOrd inmates in their remaining centention have been met, and that the radiological emergency response plan relating to the Graterford prison complies with the standard of 10 C.F.R.
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550. 47 (b) (15) that radiological emergency response training will
. be provided to the Department of Corrections personnel as required.
The Licensing Board does not accept and approve of that part of the agreement that provides for the dismissal and termination of the proceeding when notification is given to the Board and the
. parties by the Department of Corrections that at least 75 of the drivers have received the described training.
If the Licensing Board were to approve the process for terminating the proceeding as called for in the Stipulation, it would cede its responsibility for regulating the course of the proceeding to the' parties, which it cannot do.
The Licensing Board cannot act as a mere observer in the proceeding over which it is charged to preside.
We will terminate this proceeding at the request of the parties when we are satisfied that the requirements for doing so are met.
We would have no hesitancy i
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.
Another inadequacy in the process proposed in the Stipulation for terminating the procaeding is the failure to set any time limits for the actions to be taken to conclude the proceeding.
There is no schedule indicating when the 75 drivers will be trained or within which time period the Graterford inmates can request that the proceeding be " reopened,"
f-5 The' Commission in its Order of April 14, 1989, directed that l
this proceeding shall be expedited to the extent consistent with l
fairness to.the parties.
It is the Board's responsibility to see that this is accomplished.
The parties shall submit to the Licensing Board at the end of 30 days a progress report specifying the steps already taken to implement the requirements of'the stipulation and a schedule'for completing the remainder.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD Morton B. Margulip,UDGE Chairman ADMINISTRATIVE LAW J Bethesda, Maryland June 2, 1989
STIPULATION WHEREAS, the parties to this proceeding and interested Commonwealth and Federal agencies with interests relevant to the disposition of the remaining contention of the inmates at the State Correctional Institution at Graterford (Graterford inmates) are the Nuclear Regulatory Commission Staff (NRC Staff), the Federal Emergency Management Agency (FEMA), the Pennsylvania Emergency Management Agency (PEMA), the Pennsylvania Department of Corrections, Philadelphia Electric Company (PECO) and the Graterford inmates; and WHEREAS, the United States Court of Appeals for the Third Circuit issued an opinion on February 28, 1989 granting, inter alia, a petition for review filed by the Graterford inmates in Martin v. NRC, Nos. 85-3444, 87-3190 and 87-3565 ordering the NRC to give additional consideration to an inmate contention questioning whether the radiological emergency response plan relating to the Graterford prison complies with the standard of 10 C.F.R. 550. 47 (b) (15) that radiological response emergency training is provided to civilian personnel (e.o., bus and ambulance drivers) who may be called upon to assist in the event of an emergency that would require evacuation of the Graterford
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prison; and J
WHEREAS, the Commission issued an Order on April 14, 1989 j
requiring further proceedings before an Atomic Safety tnd i
Licensing Board in compliance with tbn Opinion of the coere of i
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2 Appeals and a prehearing conference before the duly appointed Atomic Safety and Licensing Board was conducted on May 12, 1989 in furtherance of the Order of the Commission; and WHEREAS, due to uncertainties as to the training of civilian bus drivers, the Department of Corrections has revised its Radiological Emergency Response Plan by substituting the use of Department of Corrections employees as bus and ambulance drivers rather than employees of private bus companies; and WHEREAS, the parties declare their desire to resolve the Graterford inmates' remaining contention by a stipulated agreement to avoid the necessity of a formal hearing; IT IS THEREFORE STIPULATED AND AGREED AS FOLLOWS:
1.
At the present time, there are approximately 3,000 inmates in custody at Graterford.
The Department of Corrections in its " Response of Commonwealth of Pennsylvania Department of Corrections Request for Information Raised at the February 27, 1985 Atomic Safety and Licensing Board Conference" stated the evacuation plan called for the use of 58 buses with an additional 13 buses in reserve, each with a capacity of 40 inmates per bus.
The revised plan calls for 66 buses and an additional 34 in reserve, with a maximum capacity of 45 per bus.
2.
All bus drivers will be emplcyce of the Department of Corrections and will have appropriate Pennsylvania Class II licenses as necessary to operate the vehicle.
There will never be more than two or three nonainbulatcry inmates housed in the
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3 Graterford medical facility at any time, seriously ill inmates being sent to outside hospitals.
The Department of Corrections will provide ambulances to evacuate the nonambulatory inmates.
The ambulance drivers will be trained Department of Corrections employees.
3.
PEMA and the Department of Corrections will review and approve in the advance of training classes a standardized lesson plan.
The plan will be similar in content and format to the plan which was previously approved and utilized in the training of school bus drivers who would participate in an evacuation of schools located within the plume exposure pathway emergency planning zone for the Limerick Generating Station.
Appropriate modifications will be made with respect to the particular mission of evacuating the Graterford inmates.
4.
Once the lesson plan has been approved, PECO will furnish the services of its consultant, Schneider Engineers, whose employees will conduct a radiological training program at various times and places for Department of Corrections personnel as necessary to complete training.
The training would include a general orientation and overview of radiological principles, emergency management principles, government response to disaster, 1
levels of radiation during an incident at a fixed nuclear l
i facility, decontamination, and monitoring procedures.
Best l
efforts will be made to completc the training within thirty days
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1 after the Licensing Board has approved this Stipulation.
The
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4 The parties recognize that the temporary unavailability of some i
individuals may, as a practical matter, require that additional training classes be held beyond this period.
Retraining shall be in accordance with NUREG-0654, Planning Standard O.
5.
The Department of Corrections is preparing appropriate changes to the Graterford Radiological Emergency Response Plan, including changes in capacity not relevant to this proceeding.
Revisions undertaken by the Department of Corrections will be consistent with the estimates of the time of evacuation included in the Plan.
All revisions pertinent to training will be provided to the Graterford inmates' counsel and technical consultant for conment.
Every reasonable effort will be made to accommodate any concern expressed by the inmates through their representatives.
WHEREFORE, the parties agree and stipulate that the concerns expressed by the Graterford inmates in their remaining contention have been met; and that the stipulation provides reasonable assurance that the radiological emergency response plan relating to the Graterford prison complies with the standard of 10 C.F.R.
S50. 47 (b) (15) that radiological emergency response training will be provided to Department of Corrections personnel (gegt, bus and L
urbulance drivers) who any be called upon to assist in the event of an emergency that ecu,1.d require evacuation of the Graterford b
prison; and
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WHEREFORE, the parties further agree and stipulate that the remaining contention of the Graterford inmates shall be dismissed
,and the proceeding before this Licensing Board terminated.
i Dismissal of this contention and termination of the proceeding shall be effective upon notification to the Board and parties by the Department of Corrections that at least 75 of the drivers i
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have received the training described above, provided, however, that in the event such notification is not provided, the proceeding will be reopened on request by the Graterford inmates.
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/s/
l Michael B.
Hirsch, Esq.
Mark L.
Goodwin, Esq..
Counsel for Federal Counsel for Pennsylvania Emergency Management Agency Emergency Management Agency
/s/
/s/
' Angus R.
Iove, Esq.
Troy B.
Conner, Jr.,
Esq.
Counsel for Graterford Counsel for Inmates Philadelphia Electric Company
/s/
/s/
Theodore G.
Otto, III, Esq.
Joseph Rutberg, Esq.
Counsel for Pennsylvania Counsel for United States Department of Corrections Nuclear Regulatory Commission Staff L
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