ML20205F269

Transcript of 860814 Telcon W/Nrc,Util,Commonwealth of Pa & Limerick Ecology Action.Pp 21,158-21,169

ML20205F269
Person / Time
Site:	Limerick
Issue date:	08/14/1986
From:	Atomic Safety and Licensing Board Panel
To:
References
CON-#386-433 OL, NUDOCS 8608190137
Download: ML20205F269 (14)

Text

ORIGINAL UlNITED STATES b,

NUCLEAR REGULATORY COMMISSION  ;

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IN THE MATTER OF: DOCKET NO: 50-352 OL 50-353 OL PHILADELPHIA ELECTRIC COMPANY (Limerick Generating Station, Units 1 and 2) t -

LOCATION: WASHINGTON, D. C. PAGES: 21158 -21169 E

DATE: THURSDAY, AUGUST 14, 1986

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l gggy____ UNITED STATES OF AMERICA 2 NUCLEAR REGULATORY COMMISSION 3 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 4 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _x

l In the Matter of:

5 PHILADELPHIA ELECTRIC COMPANY  : Docket Numbers 6  : 50-353 OL (Limerick Generating Station,  : 50-353 OL 7 Units 1 and 2)  :

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Ace-Federal Reporters, Inc.

10 Suite 402 444 North Capitol Street Washington, D. C.

12 Thursday, August 14, 1986

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(_/ 13 The telephone conference in the above-entitled matter 14 convened at 2:10 p.m.

l 15 16 BEFORE:

17 JUDGE HELEN F. HOYT, Chairman Atomic Safety and Licensing Board 18 U.S. Nuclear Regulatory Commission l

l Washington, D. C.

19 l 20 l JUDGE JERRY HARBOUR, Member Atomic Safety and Licensing Board 21 U.S. Nuclear Regulatory Commission Washington, D. C.

22 23 24 es 25 ACE-FEDERAL REPORTERS, INC.

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21159 APPEARANCES:

2 On behalf of Philadelphia Electric Company:

3 ROBERT M. RADER, ESQ.

4 Conner & Wetterhahn, P.C.

1747 Pennsylvania Avenue, N.W.

5 Washington, D. C. 20006 6 On behalf of the Commonwealth of Pennsylvania:

7 RALPH J. HIPPERT 8 Deputy Director, Plans & Preparedness MARK GOODWIN Commonwealth of Pennsylvania 9

Emergency Management Agency Room B-151 10 Transportation & Safety Building Harrisburg, Pennsylvania on behalf of Limerick Ecology Action:

12

(' PHYLLIS ZITZER

(_)y 13 Limerick Ecology Action Box 761 14 Pottstown, Pennsylvania 15 On behalf of the Nuclear Regulatory Commission Staff:

16 BENJAMIN H. VOGLER, ESQ.

Deputy Antitrust Counsel 17 Office of the Executive l Legal Director 18 U.S. Nuclear Regulatory Commission 19 Washington, D. C. 20555 20 21 22 23 24

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llh500101 21160 1 OMT/bc 1 PROCEEDINGS 2 (2:10 p.m.)

3 JUDGE H0YT:,

Yes. Good afternoon. Judge Hoyt 4 here, and Judge Harbour is also present. Judge Cole is away

! 5 on itinerary and will not participate in this conference.

6 We wanted to call this afternoon and arrange with 7 everyone, particularly the... hello? Did someone say 8 something?

9 The reason that Judge Harbour and I wanted to 10 call you this afternoon is we wanted to assure, Mr. Rader, 11 that Mr. Vogler and Ms. Roberta Cancus will be there at the m) 12 hearings during the entire proceeding in this remand, 13 Can we assure that they will be available during 14 that period?

15 MR. RADER: Yes, they will be available as f ,

16 necessary as witnesses to testify. That's correct.

l 17 JUDGE HOYT: Very well. And they will be l

l 18 available for all the cross-examination that LEA may wish to i

19 cross-examine on? And we may permit whatever cross-l 20 examinations they urge upon us?

21 Is that correct?

22 MR. RADER: Yes, for those witnesses, yes.

l 23 JUDGE HOYT: Thank you.

l I

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\/ 24 Now, the other question that came up was the list 25 of documents that those two witnesses were requested to have ACE-FEDERAL REPORTERS, INC.

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()OMT/bc 1 available at the time that they were testifying. And I 2 think those were listed on the submission that came in on 3 August the 10th, on an unnumbered sheet directly behind the 4 two subpoena forms that were sent to me.

5 And I believe that was: One, all letters, 6 additional forms, cover letters, envelops and followup 7 letters sent out to the solicited PECO workers and their 8 supervisors, whose names also appear on the return form.

9 Mr. Rader -- excuse me. I lost my train of 10 thought there for a second. Mr. Rader, how much of that 11 material is in existence? I'm not even sure that there are 12 additional forms, cover letters, and all, that need to be (3

(_/ 13 brought in.

14 How much of that is available?

l 15 MR. RADER: My understanding is that the bulk of i

16 the work in procuring the names of volunteers and nailing 17 down the list of volunteers was done by telephone l

18 communications, and that very little was reduced to 19 writing.

l 20 There may be, for example, a buckslip that was t

l 21 sent to the supervisors, but there was not a great deal of l

22 written correspondence on the subject.

23 JUDGE HOYT: All right. That's pretty much the j 24 thought I had, when we had the original conferences, to how l

i (ss~~) 25 these forms had been obtained.

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(_) OMT/bc 1 Ms. Zitzer, I'll ask you now, on that 2 representation, if they will make available the buckslips 3 and whatever may exist, does that satisfy your need for that 4 material?

5 MS. ZITZER: Certainly. Certainly, thank you.

6 JUDGE HOYT: Right. There is a question also 7 that there were some 500 and I think 70 names on the first 8 list. And then the list had been reduced down to 200.

9 Ms. Zitzer, you have, I believe, the forms for 10 all of the persons that were on that list, do you not?

11 MS. ZITZER: Yes.

12 JUDGE HOYT: Mr. Rader, I'll ask you, has that O

(_) 13 selected, this list of 200, been actually prepared and 14 distributed?

15 MR. RADER: I'll be happy to provide LEA with a 16 copy of the 200 volunteer signup forms which were executed 17 for the 200 volunteers which will now be used.

l l 18 JUDGE HOYT: Well, they were included in the list i

l 19 of 570, the 570 forms that came in, were they not?

i 20 MR. RADER: That is my understanding, yes.

l 21 JUDGE HOYT: That was my understanding, too. So 22 if you just give her the list of names, they'll be in that 23 570 grouping, wouldn't it?

24 MR. RADER: Yes. But it would be simpler for our

(-) - 25 purposes just to provide them with the 200 sheet.

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()OMT/bc 1 JUDGE HOYT: Ms. Zitzer, does that help'any?

2 MS. ZITZER: Certainly. Whatever is easier for 3 the applicant is fine with us. I think our concern was just 4 to know the workload cases of the specific volunteers.

5 JUDGE HOYT: All right. Now, wasn't that 6 originally set up, a list of 10 to 15, and I think we 7 finally went with 15 names; because Ms. Mulligan had 8 indicated that she may want to call as many as 10 out of the 9 list.

10 I'll still go with the 10, which makes the 11 statistical analysis somewhat better than it would have been 12 if you'd have had to examine 570 of those forms and then

( 13 select 10 or 15 names, wouldn't it?

14 Ms. Zitzer?

15 MS. ZITZER: Well, I'm frankly not totally 16 familiar with the reasons why no drivers were deposed. But, 17 given the timing at this point, I frankly thought that it 18 was a matter that the time was past for that.

19 JUDGE HOYT: Well, Ms. Zitzer, the time, I don't 20 think, has been very judiciously used because I just had a 21 call about an hour or two ago from Ms. Mulligan, who 22 reported that she was driving back from Florida.

23 So I don't think that the person handling this 24 case has necessarily devoted a great deal of time to trying 25 to depose those witnesses.

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(_j OMT/bc 1 MS. ZITZER: Well, your Honor, there were family 2 matters that required her presence in Florida. There was 1 3 nothing that could be done about it.

4 JUDGE HOYT: But...but, we understand there was a 5 wedding but, still in all, we have to proceed and --

6 MS. ZITZER: Certainly.

7 JUDGE HOYT: -- and what we're going to do is 8 take the two witnesses that the applicant has, or the 9 licensee has, Mr. Boyer and Ms. --

10 MS. ZITZER: Bradshaw.

11 JUDGE HOYT: Thank you. -- on Monday. And 12 perhaps get into the testimony of the two witnesses for 13 the...or the one witness for the State, Mr. Hippert, and 14 also the two witnesses for FEMA, who I understand will 15 testify, will be available for cross-examination, since 16 their prefiled testimony has come in from the staff.

17 All right. Then we will have to take the balance 18 of those individuals. That will be your case-in-chief 19 principally, Ms. Zitzer, on the following Friday, starting 20 at 9:30 in the morning.

21 MS. ZITZER: So that would be the two school 22 district superintendants?

23 JUDGE HOYT: Yes. And I will give you those 24 subpoenas. I don't want to trust those to the mail.

25 MS. ZITZER: Fine. We appreciate that.

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()OMT/bc 1 JUDGE HOYT: I'll give them to the LEA 2 representative at the hearings on Monday. Yes, Monday.

3 MS. ZITZER: Wonderful.

4 MR. RADER: Judge Hoyt, this is Mr. Rader. May I 5 raise a point of order.

6 Has Ms. Zitzer reentered her appearance in the 7 case?

8 MS. ZITZER: No, I have not. I'm acting in the 9 absence of Maureen and Dave simply to resolve these 10 scheduling matters.

11 JUDGE HOYT: Yes, I can --

12 MS. ZITZER: And I've spoken with them today.

("/

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T 13 JUDGE HOYT: Yes, I can tell you, Mr. Rader, that 14 we first tried to get Ms. Mulligan and were unable to do 15 so. We then tried Mr. Elliott and he referred us to 16 Ms. Zitzer, and we finally made contact with Ms. Zitzer.

17 And so she is here as much at our urging as anything because 18 we wanted to have someone from LEA that could move things

! 19 along and give us some answers. ,

I j 20 And I thank Ms. Zitzer for participating.

I l

21 That was about all we had to discuss. Let me ask 22 Judge Harbour...off the record here, and just hang on, 23 everyone.

l 24 (Pause.)

l l -

25 JUDGE HOYT: Very well. I'm back now. And I l

I l

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(,j OMT/bc 1 have nothing else that I think will expedite matters any 2 further.

3 Do any of the parties here have anything that 4 they want to discuss with us?

5 MR. VOGLER: Staff has nothing, Judge Hoyt.

6 JUDGE HOYT: All right. .

7 MS.-ZITZER: LEA has one, just one minor point.

8 JUDGE HOYT: All right.

9 MS. ZITZER: In the request for materials that 10 were to accompany Mr. Boyer and Roberta Cankus there was a 11 third item that may already be in our possession through the 12 updated emergency plans. I'm not sure.

13 But, to facilitate things, I wonder if Mr. Connor 14 or Mr. Rader would have the item number three, which was the 15 current list of Philadelphia Electric Municipal Volunteers, 16 just to verify there was no overlap with assignments for the 17 bus driver, i

18 JUDGE HOYT: Yes, that's a good point,

(

19 Ms. Zitzer, because I did forget to mention that. That's my i

20 thinking, inquiring of Mr. Rader.

21 I think the concern there, if I read LEA's 22 concern correctly, Mr. Rader, they wanted to be sure that 1 23 there was no name on the Municipal Volunteers list that was ,

24 also on the list for the driver.

25 MR. RADER: There is no list of PECO Municipal i

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i. ,) O M T / b c 1 Volunteers as such. Ms. Zitzer was correct that the only 2 way to check this that I know of is to check againststhe 3 list of municipal volunteers in the plans themselves, which 4 you also correctly noted are in the possession of LEA, and 5 have been provided by the company as they have been upgraded 6 and changed.

7 JUDGE HOYT: All right. Assuming that you have 8 those, Ms. Zitzer, could you not do that particular chore 9 ,

for yourself ?

10 MS. 2ITZER: There is a problem in that I don't 11 precently posses *, a list of the 200 volunteers. I have 570 12 names t0 compare to those.

(~')

(_s 13 MR. RADER: I will Federal Exorced to you at your 14 LEA address the 200 names. You will have them tomorrow.

13 MS. ZITRER: ifhat would be very helpful, Thank 16 you, 17 JUDGE HOYT: Yes, That would be very good, We'd ,

18 like to have that list, too, Me. Rader.

19 MR, RADER: I'll send it to all the parties by 20 Federal Express or by messenger to the Boa'rd and Staff. .

21 Does FEMA uish a copy 1 22 MR. VOGLER: Bob, I think you can give me a copy i

23 Monday.

24 MR. RADER: All right.

25 MR. VOGLER: Bob?

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OMT/bc 1 MR. RADER: Yes, sir.

2 MR. VOGLER: Ben Vogler.

3 MR. RADER: Yes, sir.

4 MR. VOGLER: Do the same. Pick them up Monday.

5 MR. RADER: Okay.

6 JUDGE HOYT: I would like to have ours on Monday 7 as well, speaking for the Board, Mr. Rader.

8 MR. RADER: Oh, I see.

9 JUDGE HOYT: Yes. I think the crucial need is 10 for the LEA people to have that just as quickly as possible 11 so they can make those checks themselves over the weekend.

12 MR. RADER: All right. Then I'll do that 13 likewise for FEMA and provide everyone, provide LEA with a 14 copy Monday and LEA will receive it by Federal Express 15 tomorrow.

16 JUDGE HOYT: Does Mr. Hippert agree with that?

17 MR. HIPPERT: Yes, that's fine.

18 JUDGE HOYT: Very well. All right, anything 19 else?

20 { (No response.)

21 JUDGE HOYT: No?

l 22 l MR. VOGLER: The Staff has nothing.

23 JUDGE HOYT: Very well. And, Mr. Rader?

24 MR. RADBR: I havo nothing else, your Honor.

25 JUDGF. HOYrt All rignt. Thank you very tauch for ACE-FEDERAL REPORTERS,INC.

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8650'01 10 21169 l OoMr/hc 1 voor time and we aooreciate evervene seino avai1ah1e this 2 afternoon for this call.

3 They were just minor matters but I wanted to get 4 them out of the way before they became more serious 5 matters.

6 Thank you very much.

7 MR. VOGLER: Thank you, Judge.

8 MS. ZITZER: Thank you.

9 MR. RADER: Thank you.

10 (Whereupon, at 2:22 p.m., the Teleconference was 11 concluded.)

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CERTIFICATE OF OFFICIAL REPORTER

(,

This is to certify that the attached proceedings before

'the UNITED STATES NUCLEAR REGULATORY COMMISSION in the matter of:

NAME OF PROCEEDING: PHILADELPHIA ELECTRIC COMPANY (Limerick Generating Station, Units 1 and 2)

DOCKET NO.: 50-352 OL, 50-353 OL PLACE: WASHINGTON, D. C.

DATE: THURSDAY, AUGUST.14, 1986 were held as herein appears, and that this is the original transcript thereof for the file of the United States Nuclear Regulatory Commission.

(sigt) \ m A h. Y\na (TYPED) O JOSEPH R. MAGGIO Official Reporter ACE-FEDERAL REPORTERS, INC.

Reporter's Affiliation O

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