ML20248D733

Second Rept of Parties & Request for Dismissal of Graterford Inmates Contention & Termination of Proceeding.* Requests Board to Enter Order to Terminate Proceeding Based on Parties Agreeing to Dismissal of Remaining Contention

ML20248D733
Person / Time
Site:	Limerick
Issue date:	07/24/1989
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
ML20248D680	List: ML20248D676 ML20248D733
References
89-587-03-OL, 89-587-3-OL, OL, NUDOCS 8908110123
Download: ML20248D733 (7)

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UNITED STATES OF AMERICA +89 E -8 P 3 :51 NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing BoafdL v % r-In the Matter of ) Docket Nos. 50-352~

) 50-353 Philadelphia Electric Company )

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(Limerick Generating Station, )

Units 1 and 2) ) ASLBP No. 89-587-03-OL-R SECOND RFPORT OF THE PARTIES AND REQUEST FOR DISMISSAL OF THE GRATERFORD INMATES' CONTENTION AND TERMINATION OF THE PROCEEDING By Memorandum and Order dated June 2, 1989, the Atomic Safety and Licensing Board (Licensing Board or Board) accepted and approved the Stipulation of the parties and interested Commonwealth and federal agencies with respect to the remaining contention of the inmates of the State Correc-tional Institution at Graterford, except insofar as the Stipulation provided for the termination and dismissal of the proceeding. The Licensing Board stated that it would retain control over dismissal of the proceeding and would act at the request of the parties when the Board was sat-isfied that the requirements for dismissal were met.

The Board further stated that it would terminate this proceeding at the request of the parties when it was satisfied that the requirements for doing so had been met.

Specifically, the Board stated that it would have no hesitancy about passing upon a request by the parties for 8908110123 890007 PDR ADOCK 05000352 G PDR J -- -

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' dismissal -' and- termination . of L the proceeding when 75. of. .the

-drivers hadibeen trained, the condition provided for in the-O Stipulation. <

The Licensing Board therefore ' directed the. parties to.

submit at L the : endl of days a' progress report - specifying r ,

the steps-already taken to implement.the requirements.of the m .

Stipulation and a schedule for completing the remainder.

'In accordance with 'this directive, counsel .for Philadelphia Electric Company (PECO), for itself and on behalf of the other parties, submitted the first report'of the parties to the Licensing Board on June 30, 1989. At that time, the parties reported that, arrangements had been made among the a Pennsylvania Department of Corrections, the . Pennsylvania

- Emergency Management Agency (PEMA) - and Schneider Engineers to schedule - and hold driver training ~ sessions at various locations. As of- the time of the- first report, a total of 44 Department personnel had completed their training.

As anticipated, additional training. sessions have been

' held since that time. As of, July 18,J 1989,.a total of 100 employees of the Department of Corrections who would serve as; ' bus and ambulance drivers in an - actual radiological emergency have completed their training. Accordingly, the present' number of trained employees meets the requirements of the revised Radiological Emergency Response Plan for the.

State Correctional Institution at Graterford, which calls for~66 trained. drivers and an additional 34 in reserve.

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As previously reported to the Board, the Department is now preparing changes to its Radiological Emergency Response Plan. Revisions pertinent to training will be reviewed by the inmates' counsel and technical consultant- upon the anticipated availability of the revisions in August 1989.

On the basis of the foregoing, the parties agree and stipulate that the remaining contention of the Graterford inmates may now be dismissed and the proceeding before this Licensing Board terminated. The Licensing Board is hereby requested to enter an Order accordingly.

75 4b ' ).f?,,l Q jij Michael B. Hirsch, Esq. Mark J. Goodwin, Esq.

Counsel for Federal Counsel for Pennsylvania Emergency Management Emergency Management Agency Agency Mh M.

Troy B. / Conner, Jr. , Esqh Y

Angus R. Love, Esq...

Counsel for Graterford Counsel for Philadelphia Inmates Electric Company Theodore G. Otto, III, Esq. Joseph Rutberg, Esq.

Counsel for Pennsylvania Counsel for United States Department of Corrections Nuclear Regulatory Commission Staff Dated:

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": As:previously reported to the Board, the Department'is l now preparing changes to its. Radiological Emergency Response ,

r Plan.- .Revisicas pertinent to training will be reviewed by the' inmates' ' counsel; and ' technical consultant upon the anticipated' availability of'the revisions in August 1989.

on the ; basis ' of . the foregoing, the parties agree and a stipulate that the remaining contention of ' the Graterford inmates may now be dismissed and the proceeding before this Licensing Board E terminated. The Licensing Board ~is.hereby'

-requested'to enter an Order accordingly.

%JL 2 LLn ,lrde9 Michael B. Hirsch, Esq.- Mark LT.. Goodwin, Esq.

Counsel..for Federal- Counsel for Pennsylvania Emergency' Management Emergency-Management Agency Agency MS Troy B./ Conner, Jr., Esgh f

Angus R. Love, Esq. .l Counsel for Graterford Counsel for Philadelphia Inmates Electric Company Theodore G. Otto, III, Esq. Joseph Rutberg, Esq.

-Counsel for Pennsylvania Counsel for United States Department of Corrections Nuclear Regulatory Commission Staff '1

.J Dated:- ,

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As pr3viously reported to the Board, the Department is now preparing changes to its Radiological Emergency Response Plan. Revisions pertinent to training will be reviewed by the inmates' counsel and technical consultant upon the anticipated availability of the revisions in August 1989.

On the basis of the foregoing, the parties agree and stipulate that the remaining contention of the Graterford inmates may now be dismissed and the proceeding before this

. Licensing Board terminated. The Licensing Board is hereby requested to enter an Order accordingly.

Michael B. Hirsch, Esq. Mark J. Goodwin, Esq.

Counsel for Federal Counsel for Pennsylvania Emergency Management Emergency Management Agency Agency M h. .

Troy B./ Conner, Jr., Esgh Angus R. Love, Esq.

Counsel for Graterford Counsel for Philadelphia Inmates Electric Company

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fast;hV Y& 7-2/fJoseph Rutberg,

/ heodore G. Gtto, III, Esq.

T Esq.  ;

Counsel for Pennsylvania Counsel for United States j Department of Corrections Nuclear Regulatory j Commission Staff Dated:

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'As'previously reported to the Board, the Department is now preparing changes to its Radiological Emergency Response Plan. Revisions pertinent to training will be reviewed by the inmates' counsel and technical consultant upon the anticipated availability of the revisions in August 1989.

> On the basis of the foregoing, the parties agree and

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stipulate that the remaining contention of the Graterford

[ ' inmates may now be dismissed and the proceeding before this Licensing roard terminated. The Licensing Board is hereby L

p requested '

enter an Order accordingly.

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Michael B. Hirsch, Esq. Mark J. Goodwin, Esq.

L Counsel for Federal Counsel for Pennsylvania Emergency Management Emergency Management Agency l Agency A 4715 A. Y# Y Angus R. Love, Esq. Troy B./ Conner, Jr., Estgh Counsel for Graterford Counsel for Philadelphia Inmates Electric Company l

Theodore G. Otto, III, Esq. Jo Rutbbrg, Esq.

Counsel for Pennsylvania C 1 for United S tates Department of Corrections lear Regulatory' Commission Staff Dated: l t

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'As previously reported to the Board, the Department is-now preparing changes'to its Radiological. Emergency Response Plan.- Revisions pertinent to training will be reviewed by-the . inmates' counsel and technical . consultant upon the anticipated availability of the revisions in August 1989.

On the basis of the foregoing, the parties ~ agree and

stipulate

'that the remaining contention of the Graterford

- inmates may.now be dismissed and the proceeding before.this Licensing Board terminated. The Licensing Board is hereby requested to enter an order accordingly.

Michael _B. Hirsch, Esq. Mark J. Goodwin, Esq. .

Counsel for Federal Counsel for Pennsylvania Emergency Management y Emergency Management Agency Agency

$\/k 7roy MS Ah LLA .

Angu!V R. Kofe , Esg'. ) U ' B. / Conner, Jr. , EsqE '

Counsel Lor ' Grat'prfdrd Counsel for Philadelphia Inma Electric Company Theodore G. Otto, III, Esq. Joseph Rutberg, Esq.

Counsel for Pennsylvania Counsel for United States Department of Corrections Nuclear Regulatory Commission Staff Dated:

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