ML20248B553
| ML20248B553 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 05/30/1989 |
| From: | Conner T, Goodwin M, Hirsch M, Love A, Otto T, Rutberg J Federal Emergency Management Agency, GRATERFORD INMATES, NRC OFFICE OF THE GENERAL COUNSEL (OGC), PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC, PENNSYLVANIA, COMMONWEALTH OF |
| To: | |
| Shared Package | |
| ML20248B508 | List: |
| References | |
| OL, NUDOCS 8906090096 | |
| Download: ML20248B553 (11) | |
Text
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MLKETrn UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'89 JW -2 p3 *2 Before the Atomic Safety and Licensing Board In the Matter of
)
)
PHILADELPHIA ELECTRIC COMPANY
)
Docket Nos. 50-3'52-OL
)
50-353-OL (Limerick Generating Station,
)
Units 1 and 2)
)
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 Institutit.n 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 grant-
- ing, 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 consid-eration 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. 4 7 (b) (15) that radiological response emergency training is provided to civilian personnel (e.g.,
bus and ambulance drivers) who may be called upon to assist in the event of an 8906090096 890530 PDR ADOCK 0500 2
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emergency that would require evacuation' of the Graterford-prison; and WHEREAS, the Commission issued an Order on April 14, 1989 requiring _ further proceedings before an Atomic Safety and Licensing - Board in compliance with the Opinion of the Court of 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
- driver, rather than employees of private bus companies; and WHEREAS, the parties declare their desire to resolve l
l the Graterford inmates' remaining contention by a stipulated agreement to avoid the necessity of a formal hearing; j
IT IS THEREFORE STIPULATED AND AGREED AS FOLLOWS:
1 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 en additional 34 in reserve, with a maximum capacity of 45 per bus.
2.
All bus drivers will be employees 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 non-ambulatory inmates housed in the Graterford medical facility at any time, seriously ill inmates being sent to outside hospitals.
The Department of Corrections will provide ambulances to evacuate the non-ambulatory 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
i 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, levels of radiation during an incident at a fixed nuclear facility, decontamination, and monitoring procedures.
Best efforts will be made to complete the training within thirty days after the Licensing Board has approved this Stipulation.
The parties recognize that the temporary unavailability of some 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 comment.
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. 5 5 0. 4 7 (b) (15 ) that
5-radiological emergency response training will be provided to Department of Corrections personnel (e.a.,
bus and ambulance drivers) who may be called upon to assist in the event of an emergency that would require evacuation of the Graterford prison; and 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.
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 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.
$U at Michael B.
Hirsch, Esq.
Mark L.
Goodwin, Esq.
Counsel for Federal Counsel for Pennsylvania Emergency Management Emergency Management Agency Agency l
Angus R.
Love, Esq.
Troy B.
Conner, Jr., Esq.
Counsel for Graterford Counsel for Inmates Philadelphia Electric Company Theodore G.
Otto, III, Ecq.
Joseph Rutberg, Esq.
Counsel for Pennsylvania Counsel for United States Department of Corrections Nuclear Regulatory Commission Staff
' radiological emergency response training will be provided to Department of Corrections personnel (e.g., bus and ambulance drivers) who may be called upon to assist in the event of an emergency that would regt re evacuation of the Graterford prison; and 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.
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 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.
urL.L2=:,
r/n/r9 Michael B.
Ilirsch, Esq.
Mark L.'Goodwin, Esq.
Counsel for Federal Counsel for Pennsylvania Emergency Management Emergency Management Agency Agency Angus R. Love, Esq.
Troy B.
Conner, Jr., Esq.
Counsel for Graterford Counsel for Inmates Philadelphia Electric Company Theodore G.
Otto, III, Esq.
Joseph Rutberg, Esq.
Counsel for Pennsylvania Counsel for United States Department of Corrections Nuclear Regulatory Commission Staff
- radiological emergency response training will be provided to Department of Corrections personnel (e.g., bus and ambulance drivers) who may be called upon to assist in the event of an emergency that would require evacuation of the Graterford prison; and WHEREFORE, the parties further agree and stipulate that the remaining contention of the Graterford inmates shall be i
dismissed and the proceeding before this Licensing Board terminated.
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 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.
Michael B.
Hirsch, Erg.
Mark L.
Goodwin, Esq.
Counsel for Federal Counsel for Pennsylvania Emergency Management Emergency Management Agency Agency
- M Angus R. Lov'e,/ Esf.
\\
Troy B.
Conner, Jr., Esq.
Counse dor Graterford Counsel for Inma e Philadelphia Electric Company Theodore G.
Otto, III, Esq.
Joseph Rutberg, Esq.
Counsel for Pennsylv:4nia Counsel for Unit. d States Department of Corr ections Nuclear Regulatory Commission Staff
m;
--5'-
p radiological.. emergency response training will be provided to Department of' Corrections personnel (e.g., bus and ambulance drivers) who may be' called upon to assist in the event of an emergency-that would require evacuation of-the. Graterford prison; and
.j 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 i
terminated.
Dismissal of this contention and termination of the proceeding shall be ef fective upon ' notification to the i
Board and parties by the Department of Corrections that at least 75 of the drivers have received the training described i
- above, provided,
- however, that in the event such i
notification is not
- provided, the proceeding will be reopened on request by the Graterford inmates.
I I
l Michael B.
Hirsch, Esq.
Mark L.
Goodwin, Esq.
Counsel for Federal Counsel for Pennsylvania I
Emergency Management Emergency Management Agency Agency j
1 l
\\
j%Y11 h
$/4 f Angus R. Love, Esq.
Tr6y BCP5pntfer, Jr.,Esq.y q
Counsel for Graterford Counsel for Inmates Philadelphia Electric Company I
l, Theodore G. Otto, III, Esq.
Joseph Rutberg, Esq.
)
Counsel'for Pennsylvania Counsel for United States Department of Corrections Nuclear Regulatory Commission Staff I
-_A
1
. radiological emergency response training will be provided to Department of Corrections personnel (e.g.,
bus and ambulance drivers) who may be called upon to assist in the event of an emergency that would require evacuation of the Graterford prison, and 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.
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 have received the training described
- above, provided,
- however, that in the event such notification is not provided,.the proceeding will be reopened on reques by the Graterford inmates.
Michael B.
Hirsch, Esq.
Mark L.
Goodwin, Esq.
Counsel for Federal Counsel for Pennsylvania Emergency Management Emergency Management Agency Agency Angus R.
Love, Esq.
Troy B.
- Conner, Jr.,
Esq.
Counsel for Graterford Counsel for Inmates Philadelphia Electric Company I
~
h IE W f!leodore G. Otto, III, Esq.
Joseph Rutberg, Esq.
Counsel for Pennsylvania Counsel for United States Department of Corrections Nuclear Regulatory Commission Staff
- s. radiological' emergency response training will be provided to Department of Corrections personnel (e.g.,
bus and ambularne drivers) who may be called upon to. assist in the event of an l
emergency that would require evacuation of the. Graterford' prison; and i'
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.
1 30issal 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 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.
Michael B.
Hirsch, Esq.
Mark L.
Goodwin, Esq.
Counsel for Federal Counsel for Pennsylvania Emergency Management Emergency Management Agency Agency Angus R. Love, Esq.
Troy B.
Conner, Jr.,
Esq.
Counsel for Graterford Counsel for Inmates Philadelphia Electric Company
%h% An/n Theodore G.
Otto, III, Esq.
Jpp@ Rutberg, E sq. '
Counsel for Pennsylvania C Mndel for Unite l States Department of Corrections Nuclear Regulatary Commission Staff
.. Approved:
Atomic Safety and Licensing Board Chairman Administrative Judge Administrative Judge Dated:
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