ML20072A352

Forwards Evaluation of Offsite Emergency Planning,Providing Factual Basis for Use in Commission 830609 Licensing Decision

ML20072A352
Person / Time
Site:	Indian Point
Issue date:	06/08/1983
From:	Bragg J Federal Emergency Management Agency
To:	Palladino N NRC COMMISSION (OCM)
References
NUDOCS 8306100086
Download: ML20072A352 (45)

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i Federal Emergency Management A enc r e Washington, D.C. 20472 '

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fg% g 3 0 y*y %W Honorable Nun::io J.  %;q Palladino l,/4j. 'l f~ -

Chairman Ih JUNO 81983 > -IS The Nuclear Regulatory Comraission ,n, C'fr M esta ,-

Washington, D.C. 20555 \ . YJN #

Dear Mr. Palladino:

k No S i ~'a Enclosed is the Federal Dnergency Panagement Agency's (FmA's) most recent evaluation of offsite planning at the Indian Point Nuclear Power Station, as requested in your letter to Director Giuffrida of May 27, 1983. I am most encouraged, based on reports of extensive and binding discussions with New York State, the licensee and local government officials, that substantial prcgress has been made in meeting FEMA's earlier concerns regarding emergency planning at the Indian Point plants.

Cver the last year, FmA has formally reported to the NPC on offsite ratters at Indian Point on three occasions and, in addition, the agency has provided numerous informal status reports. %e overall trend of these reports has been one of marked improvement in quality of planning and response capability. Se State and the local governments involved are to be ccmended for their serious concern.

Our evaluation indicates that work on the two energency planning deficiencies -

of rest concern which prevented certification of reasonable assurance at Indian Point in FmA's report of Acril 14, 1983, is progressing favorably. Current planning calls for proposals to be tested in an early, full-scale exercise of the State of New York's ccmpensatory measures for Rockland County, and a drill for the bus arrangements in Westchester County. I concur in the views of Mr.

Petrone, FD%'s Region II Director, that the plans as reviewed by the Regional Assistance Cannittee offer a sound approach to resolution of remaining difficulties. Subject to further evaluation fran upcaning tests and exercises, it now appears that continuation of this ccmnitment and nmentun should bring about responsive corrections to the deficiencies noted in our earlier report.

We will, of course, keep the Cannission fully informed of continuing developnents under our responsibility to assist with its licensing responsibilities.

It is my belief that this report provides an adequate factual basis for the Ccmission to utilize in its licensing decision as it relates to offsite emergency planning at-Indian Point on June 9,1983.

Sincerely,

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Jeffrey S. Bragg F2ecutive Deputy Director 8306100006 830608 PDR ADOCK 05000247 PDR g

y i Federal Emergency Management Agency Region II 26 Federal Plaza New York, New York 10278 g

's , ,Y June 8,1983 Mr. Dave McLoughlin Deputy Associate Director State and Local Programs and Support Federal Emergency Management Agency, 500 C Street, S.W.

Washington, D. C. 20472

Dear Mr. McLoughlin:

The purpose of this letter is to apprise you of the current status of offsite emergency planning at the Indian Point Nuclear Power Station.

The state of offsite emergency planning at Indian Point has been under close study and review by the FEMA Region II office for over a year. During this time, we have seen significant progress as affected jurisdictions, including State and local governments, have developed and refined their plans and have improved response capability.

This progress allowed us to reach a point where only two deficie'ncies existed at the time of FEMA's April 14, 1983, report. These two deficencies were: the possible non response by bus operators in Westchester County and the failure of Rockland County to participate in the process.

These deficencies were the basis for FEMA's negative determination on the adequacy of offsite planning and preparedness at Indian Point under the provisions of NUREG-0654, FEMA-REP-1, (Rev.-1).

Since the issuance of the Post Exercise Assessment Report, dated April 14, 1983, the State of New York has undertaken the emergency planning necessary for Rockland County and has

! dedicated a sizeable resource base, consisting of assets and personnel drawn from State agencies and the private sector, including the licensees, to develop a response capability.

Examples of committments by the State and the licensees are as follows:

l o committment and training of staff to perform various emergency response functions, to the o agreements with bus owners to provide equipment licensees to carry out evacuation.

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o development of an interim public information program for Rockland County.

The enclosed letters and agreements provide more details.

The Regional Assistance Committee (RAC) for Region II chaired by FEMA and assisted by the Nuclear Regulatory Commission, (NPC), Environmental Protection Agency, the Departments of Transportation, Health and Human Services (Food and Drug Administration), and Energy; reviewed these plans and developed a comprehensive plan review which is attached.

FEMA and this Committee have found the concept proposed in this State compensating plan to be sound.

Many RAC recommendations regarding plan improvement have been implemented; others are in process and the State is committed to have them in place within 30 days. FEMA has a committment from the State and the licensees to participate in a full scale exercise of the State Compensatory Plan for Rockland County in approximately 60 days. FEMA will evaluate this exercise to assure that this plan is capable of being implemented.

The Westchester deficiency cited in FEMA's April 14, 1983, report has also been addressed by the State. Contracts have r been signed with the licensees. Under the terms of these contracts, three bus companies will make equipment available to the licensees in the event there is a need to undertake an evacuation in Westchester County. The licensees are funding the development of a new comprehensive transportation plan for Westchester County. The State and licensees are training to bus drivers, both and providing emergency safety equipment regular drivers and utility personnel.

In conclusion, the actions of the State and licensees represent an adequate, positive and important committment through which emergency preparedness could be achieved for -

I Indian Point. FEMA is gratified by both the progress and spirit of cooperation of all parties. We look forward to providing the NBC with the results of the forthcoming i exercise.

Sinc ely, l

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- Frank P. Petrone Regional Director

l. Region II l

Enclosures

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List of Attachments Attachment 1 - Regional Assistance Committee's plan review of the Interim State Compensating Measures for Rockland County (Comments Dated June 7, 1983)

Attachment 2 - the Letter of commitment Rockland from Compensating County Interim the State to finalize Plan dated June 7, 1983 Attachment 3 - Letter of commitment by the licensees to provide 1983 emergency response personnel dated June 7, Attachment 4 - Letters of intent between the bus owners and the licensees to provide transportation equipment dated June l'and 2, 1983 Attachment 5 - Agreement between the County of Westchester and Transportation Safety Planning Group, Inc. to develop a comprehensive evacuation plan for Westchester County dated May 20, 1983 l

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r' Comments Dated June 7,:1983 Attachment 1 Regional Assistance Committee's Plan Review of the Interim State Compensating Measures for Rockland County j

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Legend:

' A = Adequate M = Not Adequate t.

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- I Coc= nts Dzttd June 7, 1983 Radiological Emergency Response - Interim Plan for Implementing Compensating Measures for Rockland County -

Dated May 27, 1983 Section/ Element Analysis Disposition A. Assignment of Responsibility A.1.a. Adequate A A.l.b. Adequate A A.l.c. The estimates of emergency response N personnel included in the diagram on page V-29 should be made consistent with the resources and responsibilities detailed in the plan. Specifically, the diagram shows that only 175 bus drivers would be required in evacuation. The plan, however, indicates that approximately 24% of population will depend on buses when schools are in session (22,000) .

Previous Rockland County plan shows even higher figure - 33,260 people.

A.l.d. It is stated in Section II.A. that the Chairman of A the Disaster Preparedness Commission has the lead responsibility for command and control. It also states that the Chairman will assign a representative to act on his behalf at the County EOC.

A.1.e. In Section III. D. it is stated that the sheriff's A co==unication center is manned 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> per day.

A.2.a. Adequate ,

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'A.2.b. Section I.A. identifies Article 2-B of the State A Executive Law as the legal basis for autho,rizing the Disaster Preparedness Commission, following the declaration of a state disaster emergency, to

. create a temporary organization and with the approval of the Governor, direct the temporary organization to assuge" direction of the local disaster operations.

Also, the New York State Defense Emergency Act is identified as the legal basis for authoriting the State Civil Defense Commission to utilize civil defense forces to perform emergency tasks.

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Dated May 27, 1983 S:ccian/ Element Analys is Disoosition A.3 There are no written agreements with public, N quasi-public or private sector organizations with emergency response roles identified in the plan. According to the State's response of June 6, 1983, the requested letters of agree =ent are under development.

A.4 Adequate A r:

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Radiological Emergency Response - Interim Plan for Implementing Compensating Measures for Rockland County -

Dated May 27, 1983

~Svecion/ Element Analysis Disposition C. Emergency Response Support and Resources C.l.c. The existing plan does not specify resources N including airfields, command posts, telephone lines, radio frequencies, and telecommunications centers that will be made available to support the Federal response. According to the State's response of June 6, 1983, EPA, NRC, FEMA and DOE will be asked within the next 15 days to identify the specific.

resources'needed. This element will be adequate provided the state will comply with the Federal needs.

C.2.a. Representatives of the State Department of Health A will be assigned to the Rockland County EOC. The relationship between State staff assigned to the County EOC is specified in Section IV. E., DEPARTMENT OF HEALTH procedures. -

C.4. Adequate A E

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Radiological Emergency Response - Interim Plan for Implementing Compensating Measures for Rockland County -

Dated May 27, 1983 Seccion/ Element Analysis Disposition D. Emergency Classification System D.3. Adequate A D. 4~. Adequate A O $

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Dated May 27, 1983 Scceion/ Element Analysis Disposition

.E Notification Methods and Procedures '

• E.1. Adequate A E.2. The numbers of support personnel required are. N frequently shown as in Procedure IV.B, Attachments 3 and 4. However, the names and titles and telephone <

numbers are not shown. According to the State's response

.of June 6, 1983, the requested information is being compiled.

E.5. Section II-C, Page II-2, N Section III-E, Page III-5 and Section IV-I, Pages I-14, 15 should be made consistent. Thsschange implemented on Page III-5 will be inserted in other appropriate sections of the plan.

E.6. Adequate A l E.7. Adequate.Section IV.I. .A l

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Radiological Emergency Response - Interim Plan for Implementing Compensating Measures for Rockland County -

Dated May 27, 1983 Saetien/ Element Analysis Disposition F. Estrgenev Coc=unications F.1.a. Adequate A F.1.b. Adequate A F.1.c. Adequate A -

However, it is recomended that appropriate

~ duty officer telephone numbers for comunicating with the Coast Guard, FAA, Conrail and other agencies, will be listed for day and night contact.

F.1.d. Adequate A F.1.6. Adequate A F.2. Adequate , A F.3. Adequate A e

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G. Public Education and Information '

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.m G.l. Procedures for the development and annual dissem- ,,

A x-ination of radiological emergency preparedness -

. information. to the public is included -in the plan.

'However, since final development of this material ~

. s must await finalization of the plan, it has not k been included and cannot be evaluated at this cime. <

.It should beinoted that the public information'

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brochure.has not been. developed and distributed. g Alternate public education methods'for Rockland i Countyyreunderdevelopmentandwillbeimplem'ented%.,- s -

by August ~ l',1983 according-co State. -

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Dated May 27, 1983 s _

M Analysis Disposition Section/ Element

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Dated May 27, 1983 Section/ Element Analysis Disposition

.I. Accident Assessment I.7. Adequate A I.8. Adequate A I.9. Adequate A This capability was demonstrated daring the March 9, 1983 exercise. -

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Radiological Emergency Response - Interim Plan for Implementing Compensating Measures for Rockland County Dated May 27, 1983

'Secticn/ Element Analysis Disposition J. Protective Response J.9. Adequate A J.10.n. That verbal description of evacuation routes N and some bus routes is provided (Pages III-19, 20 and D-15). However, evacuation maps are not available_and are being developed according to the State's response of June 6,'1983.

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. t Radiological Emergency Response - Interim Plan for Implementing Compensating Measures for Rockland County Dated May 27, 1983 Saction/ Element Analys is Disposition J. Protective Response (continued)

J.10.b. Adequate A J.10.c. Adequate. Although the public education A brochure has not been co=pleted, an alternate public education program will be implemented by the State and will be implemented by August 1, 1983 according to State. 3 J.10.d. Adequate A J.10.e. Adequate A J.10.f. Adequate A

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. Bus capacity (number and size of vehicles N by provider of service), rumber of bus drivers, need to be correlata.d with the anticipated needs of the transit-dependent population. The plan shows (Page III-24), that approximately 24% of population will depend on buses when schools are in session. The total number of bus routes and pickup points identified is apparently fewer than in the original. plan. Similarly, it is not clear that sufficient ambulance transportation is available for the population identified as mobility-impaired I

requiring special transportation. -

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However, a study of this total requirement l is presently being undertaken (by the Transportation Safety Planning Group, Inc.). The results of this analysis will be included in future plan revisions.

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4 J.10.h. Adequate A J.10.1. Adequate 8 A l

J.10.j. Adequate A J.10.k. Adequate A J.10.1. Evacuation travel time estimates are based on A Parsons, Brinckerhoff, Quade Douglas, Inc. (PBQD) study. According to,the State's response of June 6, l

1983, some of the evacuation routes have been changed. ~

i Use of four lanes of the Parkway for evacuation traffic j are expected to reduce evacuation times.

J.12 Adequate A

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Radiological Emergency Response - Interim Plan for Implementing Compensating Measures for Rockland County Dated May 27, 1983

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S'ction/ Element Analysis Disposition K. Radiological Exposure Control K.3.a. Adequate. A K.3.b. Adequate A K. 3._ b . Adequate A K.4. Adequate A K.S.a. Adequate A K.5.b. Adequate A 1

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e Radiological Emergency Response - Interim Plan for Implementing Compensating Measures for Rockland County Dated May 27, 1983 Section/ Element Analys is Disposition s

L. Mwdical and Public Health Support L.l. - Adequate A L.4. Adequate A

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. Analysis Disposition Section/ Element M. -Recovery and Reentry Planning and Postaccident Operations M.l. Adequate A

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Radiological Emergency Response - Interim Plan for Implementing Compensating Measures for Rockland County Dated May 27. 1983 Seccion/ Element Analysis Disposition N. Exercises and Drills The NUREG-0654 planning elements listed below are under development at this time. According to the state's response of June 6, 1983, as soon as the work will be completed, the results will be transmitted to FEMA and the RAC for review and comments.

N.l.a. Inadequate N N.l.b. The Interim Plan for Implementing Compensating. N Measures for Rockland County should include provisions for exercises to mobilize sufficient personnel and resources to verify the capability to respond to an accident scenario requiring response set forth in the plan.

N.2.c. Provisions for monthly testing of communications N between the Rockland County EOC and state emergency facilities could not be located in the plan.

N.2.c. Provisions for an annual medical-drill involving N a simulated contaminated -individual could not be located in the plan.

N.2.d. Provisions for an annual radiological monitoring N drill could not be located in the plan.

N.3.a-f The plan contains no provisions for the develop- N ment of exercise objectives, scenarios, dapes, schedule of initiating events, narratives, or

- advance ' arrangements.

N.4. The plan should include provisions for federal, N state and local observers to observe, evaluate and critique the radiological emergency pre-paredness exercises of the Interim Plan for Implementing Compensating Measures for Rockland County.

N.5. The plan should assign specific responsibility N for implementing corrective actions that are .

developed in response to drill and exercise reco=mendations.

Radiological Emergency Response - Interim Plan for Implementing Compensating Measures for Rockland County Dated Kay 27, 1983 S t e ei an / Elemen t Analysis Disposition O. Radiological Emergenev Response Training The NUREG-0654 planning elements listed below are under development at this time. According to the State's response of June 6, 1983, as soon as the work will be. completed, the result will be trans-mitted to FEMA and the RAC for review and comments.

0.1 The plan should include provisions for the N training of individuals representing the various emergency response organizations identified in the Interim Plan for Implementing Compensating Measures for Rockland County.

1 I The plan should include a specific N list of organizations which are to have members (or employees) receive the various

, types of~ training that it specifies. In particular, this list should identify both public and private sector organizations

, including transportation companies and employees of the Nuclear Facility Operators.

The Plan should specify initial training ~ N and period,ic retrainidg programs for directors and coordinators identified l ,

in the Interim Plan for Implementing Compensating Measures for Rockland County. .

l The plan should specify intial training;- N and period retraining program for radiological monitoring' teams and radio-logical analysis personnel identified I in the Interim Plan for Implementing I Compenbating Measures for Rockland

. County, i

The plan should specify initial training N and periodic retraining programs for police, security 'and firefighting personnel identified in the Interim Plan for Imple- ~

nenting Compensating Mea,sures for Rockland County. The mission of firefighters is de-fined in section II-H of the plan as includ-l ing " rendering fi'rst aid and assisting in emergency tranpsort of the injured during evacuation or other emergency operations."

The training o.f firefighters should include . _ _ _ - .

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. i Radiological Emergency Response - Interim Plan for Implementing Compensating Measures for Rockland County Dated May 27, 1983 Ssetion/ Element Analysis Disposition O. Radiological Emergency Response Training' (' continued) -

0.g. The plan should specify initial training N and periodic retraining programs for ,

local support services personnel identi-fied in the Interim Plan for Implementing Compensating Measures for Rockland County.

0.4.h. The plan should specify initial training and N periodic retraining programs for medical support personnel identified in the Interim Plan for Implementing Compensating Measures for Reckland County.

0.4.j. The plan should specify initial training and N periodic retraining programs for communications personnel and PIO staff identified in the Interim Plan for Implementating Compensating Measures for Rockland County. -

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l 0.5. The procedures for maintaining emergency prepared- N ness and training emergency response personnel should be contained in the Interim for Implementing Compensating , Measures for Rockland County. It is understood that the protisions for plan maintenance and other related activities will be accomplished in accordance with the basic state plan.

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4 Radiological Emergency Response - Interim Plan for Implementing

-Compensating Measures for Rockland County Dated May 27, 1983 Analysis Disposition

-Snctien/ Element [

P. Rasponsibility for the Planning Effort: Development, Periodic Review r;nd Distribution of Emergency Plans The NUREG-0654 planning elements listed below (except one) are under development at this time. According to the State's response of June 6, 1983, as soon as the work will be completed, the results will be transmitted to FEMA and the RAC for review and comments.

~P.l. Provisions for the training of individuals N responsible for the planning effort could not be located in the Interim Plan for Implementing Compensating Measures for Rockland County.

i P.2.5. The plan should identify the individual N by title who is responsible for managing and coordinating maintenance of the Interim Plan for Compensating Measures for,Rockland County.

The plan should also designate an edergency planning coordinator for each response organization identified, ,

specify procedures for updating the plan and assign responsibility for the transmittal and Onplementation of i revisions to the plan.

P.6. The plan does not contain a separate, detailsd listing N of plans and procedures that the support the Interim Plan for Implementing Compensating Measures for Rockland l

l County. This list should be added to the plan.

P.7. The plan does not contain an appendix listing, by N l

title, procedures required to implement the Interim Plan for Implementing Compensating Measures for Rockland County. This list should include references to the standard operating procedures used by various emergencygesponseorganizationsandthoseattachments which are necessary to complete the plan dated May 27, l

1983. In addition, any attachments referenced but not included as part of the plan should be included in the reference list of procedures required to implement the plan.

Adequate A

P.8. _

Although call lists are contained in the plan, 1

N P.10.

there are no specific procedures included for updating and verifying telephone numbers at least quarterly.

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'. STATE OF NEW YORK h DEPARTMENT OF HEALTH TO* ER BuiL CtN G

• TwE GOVERNOR N ELSON A. ROCKEFELL ER EpotRE ST ATE PL A2 A e AL B AN Y. N.Y. 12237 0AVIO 4 x E t, s*0 0. W.O.

Comm e . une c, f

June 7, 1983 Mr. Frank P. Petrone Regional Director Federal Emergency Management Agency 26 Federal Plaza New York, New York 10278

Dear fir. Petrone:

This will confirm the understandings reached at our meeting today concerning the Rockland County Interim Compensating 11easures Plan.

The following itecs will be accomplished within 30 days:

Revision of the mass transit component of the plan to provide an increased stand by bus capability for wrst case situations.

C m pletion of all evacuation routes and maps.

Completion of Plan material dealing with NtJREG 0654 standards N, 0 and P.

Development of a specific public information program.

Development of a complete training program.

l Completion of other Plan revisions identified after l negotiations with the RAC.

In addition, the State stands ready to participate in an off site excercise of the Interim Plan within approximately 60 days.

l Sincerely, o

e-r nald Davidoft Director Radiological Emergency Preparedness i

Group l

A f f a chant n /h5 CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.

4 Irving Place New York, NY 10003 and POWER AUTHORITY OF THE  ;

STATE OF NEW YORK l 10 Columbus Circle New York, NY 10019 June 7, 1983 Mr. Donald B. Davidoff, Director l New York State Radiological Preparedness Group State of New York Department of Health Tower Building The Governor Nelson A. Rockefeller Empire State Plaza Albany, NY 12237

Dear Mr. Davidoff:

$ This is to assure that the field activities outlined on page V-29 of the Interim ,Rockland County Response Plan ,

will receive our full support and commitment. Adequate utility staff as-shown on page V-29 will be promptly provided upon request of~the Chairman of the DPC or his designee, for Personnel Monitors (50), Radiological Monitors (4), Traffic Control (48), Bus Operators (175) and Reception Center Operations (80).

Very truly yours,

, N m _

P WER AUTHORITfY OF THE STATE OF NEW YORK i

Add na.

CONSOLI K. ED EDISO" COMPANY OF NEW YORF INC.

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s LETT'I R OF IN T N 2 T June 1, 1983 .

Mr. Seth Corwin Chappaqua Transportation, Inc.

130 Hunts Lane Chappaqua, N.Y. 10514 .

Dear Mr. Corwin:

This will confirm that the parties hereto intend to enter into a contract under which Chappaqua Trans. ,Inc. .("Chappaqua") will make available to Consolidated Edison Company of New York, Inc. and Power nuthority of the State of New York up to 49 buses and 17 vans in connection with an evacuation resulting from a radiological emergency at the Indian Point tiuclear Power Plants. This contract would be in effect until the completion of the transportation study which will be conducted by the Transportation Safety Planning Group of Albany. The contract will provide , among other things, for an appropriate indemnity of Chappaqua or any other participatinc entity either as owner or operator of the subject vehicles, by Con Edison and Power Authority acainst any and all liability for personal in-jury and property damace occasioned by the negligence of Chappaqua, its employees or the employees of Con 2dison or the Power Authority and reimbursement for any expenses or loss of revenue incurred by Chappaqua arising from the use of the tuses during such an evac-uation period. Provision of buses would, under the proposed contract, be subject to prior richts of local school districts with whom Chappaqua has or may have contracts providint for the transportation of school children.

Although Chappaqua shall use its Lcst efforts to supply drivers for any and all buses utilized in connection with the foregoinc pro-posed agreement, it is understood that Chappaqua cannot caurntee to supply drivers for any or all such vehicles.

Please indicate your agreement by signint below.

Very truly you rc ,

Consolidated 2dison Company nCCZPTlD:

> o' lew York, I. c .

T ran spo rtation , I:

Chappao-EY: k . }h ~

g LY: m Power Authority of the State of0'ew York

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• LETTER OF INTENT ~

June 1, 1983 Mr. John Silvanie '

Vanguard Tours Inc. "

1 Westerly Road Ossining, New York 10562

Dear Mr. Silvanie:

. Th'is will confirm that the parti.es hereto intend to enter into a contract under which Vanguard Tours Inc. (" Vanguard") will make available to Consolidated Edison Company of New York, Inc.

and Power Authority of the State of New York up to 400 buses in connection with an evacuation resulting from a radiological emer-gency at the Indian Point Nuclear Power Plants. This contract would be in effect until completion of the transportation study which will be conducted by the Transportation Safety Planning Group of Albany. The contract will provide, among other things, for an appropriate indemnity of Vanguard or any other partici-

, pating entity either as owner or operator of the subject vehicles, by Con Edison and Power Authority against any and all-liability for personal injury and property damage occasioned by the negli-gence of Vanguard, its employees or the employees of Con Edison or the Power Authority and reimbursement for any expenses or loss of revenue incurred by Vanguard arising from the use of the buses during such an evacuation period. Provision of buses would, under the proposed contract, be subject to prior rights of local school districts with whom Vanguard has or may have contracts providing for the transportation of school children.

Although Van ~ guard shall use its best efforts to supply drivers for any and all buses utilized in connection with the foregoing proposed agreement, it is understood that Vanguard cannot guarantee

,to supply drivers for any or all such vehicles.

Please indicate your agreement by signing below.

Very truly yours, CONSOLIDATED EDISON COMPANY OF NrW YORK, INC.

By: b POWER UTHORITY OF THE STATE OF NEW YORK By: I_ ww

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• i LETTER OF INTENT June 2, 1983 .

Mr. James Murphy -

Riverdale Transit Corp.

.475 Saw Mill River Road ,-

Yonkers, New York 10702

Dear Mr. Murphy:

This will-confirm that the parties hereto intend to enter into a contract under which Riverdale Transit Corp. ("Riverdale")

will make available to Consolidated Edison Company of New York, Inc. and Power Authority of the State of New York up to 200 buses in connection with an evacuation resulting from a radiological

< emergency at the Indian Point Nuclear Power Plants. This contract would be in effect until completion of the transportation study which will be conducted by the Transportation Safety Planning Group of Albany. The contract will provide, among other things, for an appropriate indemnity of Riverdale or any other participating entity either as owner or operator of the subject vehicles, by Con Edison and Power Authority against any and all liability for personal injury and property damage occasioned by the negligence of Riverdale, its employees or the employees of Con Edison or the e

Power Authority and reimbursement for any expenses or loss of revenue incurred by Riverdale arising from the use of the buses during such an evacuation period. Provision of buses would, under the proposed contract, be subject to prior rights of local school districts with whom Riverdale has or may have contracts providing for the transportation of school children.

Although Riverdale shall use its best efforts to supply drivers for any and all buses utilized in connection with the foregoing

proposed agreement, it is understood that Riverdale cannot guarantee to supply drivers for any or all such vehicles.

Please indicate your agreement by signing below.

Very truly yours, l

CONSOLIDATED EDISOIJ/ COMPANY l OF N YORK, It .

By l, N 'm /N ut NEW/

T' ATE

/pOWERAUTHORITYOFTHE W YORK By sh _

I AC TED:

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RIVERD'LE TRANSIT CORP. ,

By h-t

. 4HacArnen / 5 ,-

.. THIS AGREDNNT, made the 20th day of May,1983

/ by and between THE COUNTY OF WESTCHESTER,'a municipal corporation of the State of New York, having an office and place of business in the County Office Building, 148 Martine Avenue, White Plains,"New York 10601, -

(here'inafter referred to as the " County",)

and TRANSPORTATION SAFETY PLANNING GROUP, INC., a corporation organized and existing under the. laws of the State of New York having an office at 15 Elk Street, Albany, New York 12207 ,

(hereinafter referred to as the " Consultant") #

WifEREAS, the County desires to obtain profesadonal censultant services for the preparation and implenentation of an emergency evacuation plan of people located within a ten j mile radius of the Indian Point Nuclear Power Plant in the event of a radiological energency and for the design of a data Base Management System in connection with this evacuation plant and WBEREAS, the Consultant desires to provide such services for the coopensation and on the terms herein provided.

NOW, THEREFORE, in consideration of the terms and conditions herein contained, the parties agree as follows:

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FIRST The Consultant shall provide but not be  ;

s_. .f limited to providing the following services in accordance with i i

1983, entitled a proposal by the Consultant dated May 12,

" Planning for Transportation Service. A Remedial Transportation Program for the Westchester County Radiological I (the " Proposal" ) which Emergency Preparedness Evacuation Zone" Proposal 1E attached herto and made a part hereof as Schedule A.

1 Verify and update demographic and f transportation resource data and data pertaining to the number of transportation locations that will require a great vehicles for evacuation purposes, which data is contained in a ,

study entitled Westchester County Radiological Emergency Augus t Indian Point Power Station, Revision I,

', Response Plans Brinkerhoff, Quade 1, 1981, prepared by the firm of Parsons, and Douglas. This study is on file in the Office of the Commissioner of Transportation of the County.

2. Reconnend to the County which type of computer system would best eerve the County's present and future needs in connection with the storing of data for the evacuation plan.

3. Design a Data Base Managenent Systen which can be t

used in conjunction with or as part of the county's computer system.

The data base management system shall include, but not be limited to an inventory of evacuation de= ands and needs and an inventory of evacuation resources.

4. Input the aforementioned data into the system.

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S. Prepare a plan for routing transportation and a

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design for the provision of transportation aervices during a

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radiological emergency.

6 Develop a" plan for' procuring transportation services during a radiological energency and obtain transportation equipment service agreements with transportation providers.

7. Design a co=municationa system that enables the County to coordinate the activities of transportation operatcrs that have signed emergency transportation agreenents with the County.

8. Design a training manual for and train drivers and '

other " core group" transportation personnel in emergency evacuation procedures.

9. Develop evacuation and relocation plans and a . ,

response management system.

10. Participate in a si=ulation exercise testing the evacuation plan. s

11. Attend up to five public information meetings as required by the Commissioner.

SECOUD: For the services rendered pursuant to Paragraph "FIRST", the Consultant shall'be paid a fee not to exceed TWO HUNDRED FORTY-ONE THOUSAND SINETT HUNDRED 'I'dENTY-FIVE

($241,725.00) DOLLARS as provided in Schedule "A".

Any and all requests for payment to be made, including m

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} any request for partial payment made in proportion to the work completed, shall be sub=itted by the Consultant on properly executed claim forms of the County and paid only after approval by the Commissioner ~ of" Transportation of the County of Westchester (" Commissioner") . In no event shall partial payment in excess of ninety-five (95%) percent be made to the Consultant, prior to completion of all professional services, the submission of reports and the approval of same by the Cormissioner.

Except as otherwise expressly stated in this Agreement, no payment shall be made by the County to the Consultant for out of pocket expenses or disbursements made in connection with the services rendered or the work to be

( performed hereunder.

l Prior to the making of any payments hereunder, the County may, at its option, audit such books and recorda of the consultant as are reasonably pertinent to this Agreement to substantiate the basis for payment. The County will not withhold payment pursuant to this paragraph for more than five (S) days after payment would otherwise be due pursuant to the provisions of this paragraph "SECOND" , but the County shall not be restricted from withholding payment for cause found in the course of such audit or because of failure of the Consultant to cooperate with such audit. The County shall, in O O 1

addition, have the right to audit such books and records

,a subsequent to pay =ent, if such audit is co=menced within one year following termination of this Agreement.

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Notwithstanding anyting to the contrary contained herein, it is expressly understood that the obligation of the County to make any pay =ents to the Consultant hereunder is contingent upon the prior receipt by the County of funds from the State of New York for the purposes hereunder, THIRD: All services rendered, work performed by and payments to the Consultant shall be under the direction and subject to the complete approval of the conmissioner.

The work to be perferned pursuant to the terms of this Agreement shall commence pro =ptly on notification by the Commissioner to begin work and shall be completed no later than June 30, 1984.

The Consultant shall properly maintain a detailed daily log relative to the services rendered for which ce=pensation is to be paid by the County pursuant to the terms of this Agreement, which shall include, but not be limited to, the following:

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1. Date

2. Names of employees rendering service

3. Nature of service rendered

4. Required time expended.

, A list of key personnel of the Consultant who are assigned to the performance of this Agreement is set forth in

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,_s Schedule "A". No changes, other than additions, in such personnel shall be permitted during the term of this Agreement without the express written consent of the commissioner.

FOURTH: The Consultant shall issue progress reports to the County as the Commissioner may direct as set forth in the attached Schedule of periodic payments and shall immediately inform the Commissioner in writing of any cause for delay in the performance of its obligations under this Agreement.

FIFTH: The County, upon ten (10) days notice to the

! Consultant, may terminate this Agreement in whole or in part when the County deems it to be in its best interest. In such event, the Consultant shall be ccmpensatad and the County shall be liable only for payment for services already rendered under this Agreement prior to the effective date of termination.

In the event the Commissioner determines that there l

has been a material breach by the Consultant of any of the

( ter=a of the Agreement and such breach remains uncured for thirty (30) days after service on the consultant of written notice *thereof, the County, in addition to any other right or remedy it might have, may terminate this Agreement and Ehe county shall have the right, power and authority to complete the services provided for in this Agreement. or contract for l their completion, and any additional expense or cost of such completion shall be charged to and paid by the Consultant.

Notice hereunder shall be effective on the date of mailing.

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s STITH: All resource records and data compiled by the Consultant in completing the work described in this Agreement, including but not limited to written reports, studies,

, drawings, blueprints, negatives of photographs, computer printouts, graphs, charts, plans, specifications and all other similar recorded data, shall beco=e and remain the property of the County. The Consultant may retain copies of such records for its own use.

4 The County acknowledges and agrees that all training and operations manuala provided by the Consultant as a i

condition of Schedule A may not be reproduced or used by the County except for the express purpose of the implementation of 73 the County's emergency evacuation plan without written i

I-) permission of the Consultant. Any unauthorized use or reproduction is a violation of the Federal Copyright Laws. The County shall take all reasonable steps to insure that such manuals are not sold, assigned, leased, marketed, transferred, copied, reproduced, disclosed, or otherwise cade available by the County or by any of the County's employees to any other l

1 person, firm, corporation or municipality at any ti=e without the consultant's prior written approval. The County will not make or have made, except for the purposes of backup, any copies of the operations and training manuals delivered by the Consultant pursuant to Schedule A.

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l SEVENTHS Any purported delegation of duties or a ~

assi,gnment of rights under this Agro.e=ent without the prior express written consent of the County is void. The Consultant shall not subcontract any part 'of the work without~the written consent of the County. All subcontracts shall provide that subcontractors are subject to all terms and conditions set forth in the contract documents. All work perforned by a sub-contractor shh11 be deemed work perfor=ed by the Consultant. '

EIGHTH: The Consultant agrees that it has no interest and will not acquire any interest, direct or indirect, that i

would conflict in any manner or degree with the perfor=ance of the services and duties hereunder. The Consultant further agrees that, in the performance of this Agreement, no person

) having any such interest shall be employed by it.

The Consultant represents and warrants that he hus not e= ployed or retained any person, other than those named in schedule A hereof for the purpose of soliciting or securing this agree =ent, and further that he has not paid or agreed to pay any other person, any fee, co==ission, percentage, gift or other cpnsideration, contingent upon or resulting from the I award or making of this agreement. For the breach or violation i

of this provision, without li=iting any other rights or remedies to which the County may be entitled or any civil or

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l cri=inal penalty to which any violator may be l1able, the

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i County shall have the right, in its discretion, to term nate

~s this agreement withou't liability, and to deduct fro = the contract price, or otherwise to recover, the full amount of such f'ae, con =ission percentage; gift or conaideration.

NINTH: The Consultant shall comply, at its own expense, with the provisions of all applicable state and

=unicipal require =ents and with all state and f ederal laws applicable to the Consultant as an employer of labor or otherwise. The Consultant shall further co= ply with all rules, regulations and licensing requirements pertaining to its professional status and that of its employees, partners, associates, subcontractors and others e= ployed to render the services hereunder.

TEUTH: The Consultant expressly agrees:

(a) that in the hiring of employees for the perfor=ance of work under this Agreement or any subcontract hereunder, no contactor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color, sex, age, physical disability or national origin discri=inate against any citizen of the State of New York who is qualified and available to perform the work

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to which the employment relaten; and l

(b) that no contractor, subcontractor, nor any person i

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.O on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, creed, color, ser, age, physic'al disability or' national' origin; and (c) that there may be deducted fro = the amount payable to the contractor by the County under this Agreenent a penalty of. five dollars for each person for each calendar day dur ing which such person was discriminated against or in" midated in violation of the provisions of the Agreement; and (d) that this Agreement may be cancelled or ter=inated by the County, and all moneys due or to become due

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hereunder =ay be forfeited, for a second or any subsequent violation of this section of the Agreement.

Whenever the ter= contractor appears in this paragraph it shall be deemed to read Consultant.

l EIZVENTH: The Consultant agrees that its staff and empicyees will be covered for the purposes of Workers

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Compensatiert insurance benefits."

MN: All notices of any nature referred to in this Agreement shall be in writing and sent by registered or certified mail postage pre-paid, to the respective addresses set forth below or to such other addresses as the respective parties hereto may designate in writing:

C G)

A To the County:

Commissioner of Transportation 148 Martine Avenue White Plains, tiew York 10601 With a copy to:

County Attorney County Office Building, Room 600 148 Martine Avenue White Plains, New York 10601 To the Consultant Transportation Safety Planning Group, Inc.

15 Elk Street Albany, New York 12207.

T_HIRTEENTH: This Agreement and its attach = ente constitute the entire Agreement between the parties with

. cs respect to the subject matter hereof and shall supersede all

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previous negotiations, co=mitments and writings. It shall not l

L be. released, discharged, changed or codified except by an instru=ent in writing signed by a duly authorized represent-ative of each of the parties.

FOURT m G This Agreenent shall not be enforceable until signed by the parties and approved by the Offics. cf the I

County Attorney.

FIrruzad: This Agree =ent shall be construed and enforced in accordance with the laws of the State of New York.

SIXTEENTH: By June 1, 1983, the Consultant and County shall enter into a license agreement for the provision of the a

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computer

• sad data base mystem demeribed in the "Frepenal' end regatred pursunst to this Agreemast which license egree=ent anall be attached tarate ar.d =,ade a part hereof. In the event '

auch 14 cense agreement shall not he esecuted by June 1,1983 tuts Agreement shal3. he null and Fold and pf 2:D effect and utatther party shall be 'Itable to the other for payments. '

aamges or tu any manner whatsoever.

un w w .as 1"he consultant will warrant and reprasent tha't the raporta asa plaa produesd will reflect the ccumuI. tant's highest degree of transportation and data processing erpartism.

.ts wr.T.=35 *ELECF. %T,e County of *Westchester and the Ccumultant have executed this Agreement in tetyltcste.

T4U; Guarr CF bTSTC2iha..w f, - '

Approved as to form and Sy*

. tz<}- 4 seer of executios: 6'- A/ u.mus, " ester.mript Trasporaczoa W Vk W.

Aansstant County Attorney county of Esate+. eater -

TEA GROUP, 305PC27A'"2CLv 15;f SAPITY M.AailtISG -

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DonaLC w.a-a .34 r m .i 2,. Bay 1e j' Protect Coordiantar TNPG Secretary-Treasyter Autnattaed by the 5:ard of Jcquisition and Contract of the county of Ventchester on 15th day of May, 1183.

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j CONSULTANT'S ACKNCWLEDGMENT (if Corporation)

STATE OF NE'4 YORK ) -

CCUNT!OFfe6d4/jV ) ss.: ~ ~ ~ -

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1. On this J0 dday of /'ME , 19PJ, before me personally came _ .0 & 4.0 7 /d o V4 e~ to me known, and

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known to me to be ene rdc AstrlHY - VicM reWtd of Nr/evtf#cd_8FW2A' Aid Upptrie' corporation deseribed in and wnIcn sworn executed did depose ene.witnin and instrument, who being by me duly say that the said PCAM4h T BdW resides at // y 4 1#'d O N O ~

_ _ _ // /M CY A/f and that he' is /

_ r 6cfE/Wr-Tc4ee/ce4 of said corporation and knews the .

corporate seal of the said corporation; that the seal affixed 7, to the within instru=ent is such corporate seal and that it was .

so affixed,by order of the Board of Directors of said

• corporation, and that he signed his name l theret b N LLLLLl3 0"(likeordn hrt iIf -

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No ta r'd iPu 61 fc Janys D .,itenb' ch a

CONSULTANT'S ACENOWLEDCMENT Notary Pctt:c. Stata cf New York (If Individual) QUAUFIED IN A'.*,ANY COUNTY STATE OF NEW YORK ) " '***'

• '** **" O' "b COUNTY OF WESTCEESTER) ss.:

On this _ day of , 198 , before me personally came to me known, and k nowrt to me to be tne same person cescribed in and who executed the within instrument and he duly' acknowledged to me that he

executed the same for the purpose herein mentioned and, if operating under any trade nace, that the certificate required by the New York State General Business Law Section 130 has been filed with the County Clerk of Westchester County.

Notary FuDifc

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CONS _ULTANT'S ACKNOWLEDGMENT (If Co-Partnership)

STATE OF NEW YORE )

COUNTT CF WESTCHESTER) ss.t

, On this _ _ _, 198 , before me personally came , _ day of

_ _ __ to me kncwn, and known to =e to be a me=cer of ene f rm

s of _

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and tne person cescr:.ned in, and uno executed the within instru=ent in behalf of said firm, and he acknowledged to me

' that he executed the same in behalf of, and as the act of said firm for the purposes herein =entioned and that the certificate required by the New York State General Business Law Section 130

,~ i has been filed with the County Clerk of Westchester County.

n a Notary Public

,- . i j CERTIFICATE OF AUTHORITY

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certify that (Officer other tnan officer signing contract)

I am the -

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of 1 (Titlej ~

the l

_ (the " Consultant")

a corporation duly organized and in gocss~ standing under the

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- i (Law under which organi=ed, e.g.,~ the tiew York ausinessnamed in Corporation Law) the foregoing agreement; that (Person executing agreement) who signed said agreement on behalf of the Consultant was, at the time of execution _ _ _ _ _

_ _ of the (Title of such person)

Consultant that said agreement was duly signed for and on behalf of said Consultant by authority of its Board of Directors, thereunto duly authorized, and that such authority is in full force and effect at the date hereof.

(CORPORATE SEAL)

~(Signature)

. STATE OF NEW YORK )

ss.:

, CCUNTY OF )

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On this day of , 1982, before me persooally came to me known, and known to be to be the _ __

of

___(Title)__

l , the corporation described in and I

whica executed the above certificate, who being by ce duly sworn did depose and say that he, the said resides at _

~, aria that he is of said corporation and knows the i

' corporare seal of the said corporation; that the seal affixed to the above certificate is such corporate seal and that it was so affixed by order of the Board of Directors of said I corporation, and that he signed his name thereto by like order.

Notary Fuofic County

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i Schedula A (page 1)

TA9:S/8Y HOUR Task I: Task II: Taak Ill: fask !Y: insk V: Task VI: Task VII: Total 7

Demand Resourco Handway Service Ironsport. Evac. M]mt. Teatirg & Houra Analyais Aaseanment Charneter. Design Procurem't. System Sin.ulation By Pcesen, l

Xey Personnel Jerry Orioman - -

25 50 100 50 40 265 Don Doyle 20 20 40 30 80 30 . '40 260 Seth Corwan -

30 30 50 50 40 50 250 3 ann Silvan 2e -

30 20 60 60 40 40 250 Steve fullum 125 00 -

120 - - - 325 1

Joe Zi:nmorman 30 10 -

20 - 40 - 100 Suoan Holloway 130 50 30 50 -

130 40 430 kan Carlson 150 130 85 500 65 100 - 1,030 10TAL HOURS 455 350 230 880 355 430 210 2,910 Person w/Hajor 'g Responssbility for Tank Dr istr.no Bricaan Orasman Brisman Brisman Br2cman ~

Boyle Boyle Boylo Boyle a4 e5

o* , Schedule A (page 2) -'

',. . TSPG PROJECT MJRK PRODUCI SCtfEDULE Project ed lDat e Paytr.ent Due Tsak & Preduct faak Ccmpletten Uuun Comoletion Task I: Demand Analysis -

Packet / report of demogeaphic & special June 1 - Na product $32,187.50

... generator analysis, send I weak prior to tranetisq. -

lask II: Resource Analysis Puckel/ report of transportation . resource . Hid July $32,187.50 assessment, send upon completaan I werek prior (Issk 1 and 2) to meeting.

Task III: Roadway Network Characteristics Packet / report delineating and illustrating late August $17,250.00 network inter-relationships appropriateness /

cuitabil. tty for evacuation, etc. Send 1 week prior to meeting.

Data Base Manacement Svatema and Phase one "Cicaa-Uut" Serd report delineating data base management Early September 533,050.00 system, lasko ard funct inns to be analyzud, I week prior to mueling. Completion and modifications of Phase One wilI be discussed

,, at the Task force Heeting.

Task IV Service Desion U

Packet / report 111uct eat ing all rout en, buses Late Sept twber $&7,000.00 involved, per2pheral rout ing, etc. Send 1 week. prior to meetirg.

Task V- Transoorration Resource Procurement Verificatiots of all transportation service Late September $33,050.00' acreements will be submit teo to the Ccunmittee, as ws11 the Training Hanual and a report on the Core Trainirg sessions. ..

Task VI: Evaouation Response Mananement Svst em

' Copies of the Management Operations manual Lato October $32,250.00 and the Iransportotion Operations manual will be submitted to the lask force for review, I week prior to meetisq.

Task VII: Testino and Simulation '

Submit preliminary final report to Task Hid December No Payment Force for rev2ew I week prior to meetirq. (Preliminary Report)

Post Exercice $15,650.00 (final Report.)

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• Schedule A (pege 3)

Hourly Professionn) Hates

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Rate Jerry Brisman , $80.00 e

Don Doyle $80.00 Seth Corwin $80.00 John Silvanie $a0.00 St eve Fullum $75.00 Joe Zimmerman $80.00 Susan Holloway $75.00 p.

. Ken Carlson $65.00 l

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