ML20214J557

Answer to Limerick Ecology Action Request for Subpoenas for V Boyer,R Kankus,Wa Welliver & Rl Claypool & Documents Re Employee Volunteer Bus Driver Program.Certificate of Svc Encl.Related Correspondence

ML20214J557
Person / Time
Site:	Limerick
Issue date:	08/12/1986
From:	Conner T CONNER & WETTERHAHN, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:	Atomic Safety and Licensing Board Panel
References
CON-#386-323 OL, NUDOCS 8608150071
Download: ML20214J557 (7)

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4 RELATED CORRESPp]W)J 0 c UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSIONCTTlZ c.er. .

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Before the Atomic Safety and Licensing Board In the Matter of ) ,

Philadelphia Electric Company Docket Nos. 50-352h

) 50-353 (Limerick Generating Station, )

Units 1 and 2) )

LICENSEE'S ANSWER TO REQUEST FOR SUBPOENAS BY LIMERICK ECOLOGY ACTION On August 11, 1986, the deadline for filing written testimony in this remanded proceeding, licensee Philadelphia Electric Company (" Licensee") received a document submitted by Limerick Ecology Action (" LEA") to the Atomic Safety and Licensing Board (" Licensing Board" or " Board"), requesting issuance of subpoenas for Vincent Boyer, Roberta Kankus, Dr.

William A. Welliver, Superintendent of the Spring-Ford School District, and Dr. Roy C. Claypool, Superintendent of the Owen J. Roberts School District. The request as to Mr.

Boyer and Miss Kankus also asked, for the first time, although no discovery request was ever made, that Licensee provide certain documents related to its employee volunteer bus driver program.

Licensee is unaware whether LEA's submittal to the Board complies with the requirements of 10 C.F.R. S2.720, inasmuch as LEA did not serve Licensee (and presumably the P'988&i g;ggg,, OSD3 PDR

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4 other parties) with copies of its proposed subpoenas.

Nevertheless, to expedite the hearing and avoid delay, Licensee will produce Miss Kankus for direct examination with its existing panel of witnesses, Mr. Boyer and Mr.

Bradshaw, when the panel is tendered for cross-examination.1 Licensee cannot, however, accede to LEA's eleventh-hour discovery request. It is noted that, at the time of the conference call among the Board and parties on July 17, 1986, LEA requested no discovery other than an opportunity to interview or depose a representative sample of employee volunteers, whose volunteer sign-up sheets Licensee promptly furnished to LEA on July 20, 1986.2_/ At no time has LEA availed itself of its opportunity to interview or depose any of the volunteers it had a right to designate, despite Licensee's agreement to this procedure. No other discovery was requested by LEA at the time of the conference call or thereafter, up to its request of August 11, 1986, the deadline for filing written testimony.

Under these circumstances, Licensee declines to volun-tarily produce by way of discovery information relating to 1_/

Obviously, since Mr. Boyer had already been identified as one of Licensee's witnesses, the subpoena request for Mr. Boyer is academic.

2/ See letter dated July 21, 1986 from Troy B. Conner, i Jr., counsel for Licensee, to the Board and parties.

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its employee volunteer bus driver program. Licensee has provided extensive testimony as to how the names of volun- l teers were compiled and LEA will, of course, have an oppor-tunity to cross-examine Licensee's witnesses on this and other points.

The Licensee wishes to make clear that its July 24, 1986 letter to the Board and parties was in no sense a

" proposal" for resolution of the remanded issues, as was our proposal dated June 16, 1986 (as modified on June 27, 1986, at the request of the Commonwealth). As background, it will be recalled that Licensee, by the letter dated July 24, 1986, notified the Board and parties that the responsible planning authorities from the Pennsylvania Emergency Manage-ment Agency, Chester and Montgomery Counties, and the Federal Emergency Management Agency, Region III, had reas-sessed the number of additional drivers necessary in the event of an evacuation of the Owen J. Roberts and Spring-Ford School Districts after LEA rejected Licensee's proposed Stipulation to settle the case without a hearing.

It was determined and agreed that a total of 200 qualified, trained, licensed and available school bus drivers would be adequate.

Finally, reducing the employee volunteer driver force could have had no impact whatever on LEA's preparation of its case. As stated in Licensee's letter of July 24, 1986 to the Board and parties, Licensee agreed to make those employees designated by LEA for interviews or depositions a

_4-A part of the total 200 driver program so that those designat-ed would in fact constitute a representative sample of volunteers. During the July 17 conference call, LEA stated it wanted to depose or interview ten of the volunteers.

However, it never followed up to request that these indi-viduals be made available. Obviously, reducing the -number of volunteers from 570 to 200 while retaining the same number of employees LEA had a right to designate did not render the sample group " statistically insignificant."2!

Just the opposite occurred; the statistical reliability of the data from the sample group increased.

Respectfully submitted, CONNER & WETTERHAHN, P.C.

DWGD , -

Tro onner, Jr.

Robert M. Rader August 12, 1986 3/ LEA's Subpoena Requests at 1 (August 10, 1986).

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A UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

Philadelphia Electric Company ) Docket Nos. 50-352

) 50-353 (Limerick Generating Station, )

Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Licensee's Answer to Request for Subpoenas by Limerick Ecology Action" dated August 12, 1986 in the captioned matter have been served upon the following by deposit in the United States mail this 12th day of August, 1986:

• Helen F. Hoyt, Esq. Atomic Safety and Licensing Chairperson Appeal Panel Atomic Safety and U.S. Nuclear Regulatory Licensing Board Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Docketing and Service Section

• Dr. Richard F. Cole U.S. Nuclear Regulatory Atomic Safety and Commission Licensing Board Washington, D.C. 20555 U.S. Nuclear Regulatory Commission ** Benjamin H. Vogler, Jr. Esq.

Washington, D.C. 20555 Counsel for NRC Staff Office of the General

• Dr. Jerry Harbour Counsel Atomic Safety and U.S. Nuclear Regulatory Licensing Board Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 1

• Hand Delivered August 12, 1986.

• • Federal Express l

N Atomic Safety and Licensing Angus Love, Esq.

Board Panel 107 East Main Street U.S. Nuclear Regulatory Norristown, PA 19401 Commission Robert J. Sugarman, Esq.

Washington, D.C. 20555 Sugarman, Denworth &

Philadelphia Electric Company Hellegers Edward G. Bauer, Jr. 16th Floor, Center Plaza ATTN:

Vice President & 101 North Broad Street General Counsel Philadelphia, PA 19107 2301 Market Street John L. Patten, Director Philadelphia, PA 19101 Pennsylvania Emergency Mr. Frank R. Romano Management Agency 61 Forest Avenue Room B-151 Ambler, Pennsylvania 19002 Transportation and Safety Building Mr. Robert L. Anthony Harrisburg, PA 17120 Friends of the Earth in Kathryn S. Lewis, Esq.

the Delaware Valley 106 Vernon Lane, Box 186 City of Philadelphia Moylan, PA 19065 Municipal Services Bldg.

15th and JFK Blvd.

Charles W. Elliott, Esq. Philadelphia, PA 19107 325 N. 10th Street Easton, PA 18064 Spence W. Perry, Esq.

General Counsel

• • Maureen Mulligan Federal Emergency Limerick Ecology Action Management Agency P.O. Box 761 500 C Street, S.W.

762 Queen Street Room 840 Pottstown, PA 19464 Washington, DC 20472 Mark L. Goodwin, Esq. Thomas Gerusky, Director Philadelphia Emergency Bureau of Radiation Management Agency Protection P. O. Box 3321 Department of Environmental Harrisburg, PA 17105-3321 Resources 5th Floor Jay M. Gutierrez, Esq. Fulton Bank Bldg.

U.S. Nuclear Regulatory Third and Locust Streets Commission Harrisburg, PA 17120 631 Park Avenue King of Prussia, PA 19406

• • Federal Express

e James Wiggins William A. Welliver, Ed.D.

Senior Resident Inspector Superintendent U.S. Nuclear Regulatory Spring-Ford Area School Commission District P.O. Box 47 199 Bechtel Road Sanatoga, PA 19464 Collegeville, PA 19426

• • Ralph Hippert Pennsylvania Emergency Management Agency B151 - Transportation and Safety Building Harrisburg, PA 17120 Theodore G. Otto, Esq.

Department of Corrections Office of Chief Counsel P.O. Box 598 Lisburn Road Camp Hill, PA 17011 Timothy R.S. Campbell, Esq.

Director Department of Emergency Services 14 East Biddle Street West Chester, PA 19380 A. Lindley Bigelow Coordinator of Emergency Preparedness Montgomery County 50 Eagleville Road Eagleville, PA 19403 Roy C. Claypool, Ed.D.

District Superintendent Owen J. Roberts School District Administration Building R.D. 1 Pottstown, PA 19464 Y 7, . A

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Robert M.'Rader i

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• • Federal Express l

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