ML20155H043

Applicant Exhibit A-E-104,consisting of Forwarding 840906 Executed Agreement Between Util & Commonwealth of PA Re Dosimetry Requirements for Offsite Emergency Workers Associated W/Facility

ML20155H043
Person / Time
Site:	Limerick
Issue date:	01/25/1985
From:	Hippert R PENNSYLVANIA, COMMONWEALTH OF
To:	Boyer V PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
References
OL-A-E-104, NUDOCS 8605120135
Download: ML20155H043 (7)

Text

__

.k i

• $6 -3 T2 O L h- - 0'r r g fgi '

SEP 171994 O '

PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY P.O. BOX 3321 HARRISBUto, PENN5YLVANIA 17103 September 13, 1984 NUCLEAR SERVICES R.H.LOGUE i

,;(

$f /' Au..*t .*

If %ff, n

' ,6 Mr. Vince Boyer T -

SEP 191984 Sr. Vice President 6 O(( hD[k< y'. .

Philadelphia Electric Company Nt,ted:

) 3 /

• j, ..,.< . 'M 4 i 2301 Market Street noterred:

/ h . ,;x /

Philadelphia, Pennsylvania 19101 -

'q ,/ / g 3 g M

Dear Vince:

Enclosed for your file is a copy of the executed agreement ,

dated September 6, 1984 between Philadelphia Electric Company and the Commonwealth of Pennsylvania regarding dosimetry requirements for offsite emergency workers associated with your Limerick Generating Station.

We are preparing to obtain the required bids to cover the purchase of 9,000 self-reading dosimeters and 10,000 thermoluminescent donimaters and will advise you when the orders are placed.

Sincerely,

~rwy7 _A Ra ph J. Hippert Deputy Director Office of Plans and Preparedness i

RJH:jmb (Tel: 717-783-8150)

Enclosure 50 CLEAR ttESTORY COMWi$$ME l S.3g3 0 d _OffgW Exh. k E -)

• Y -

i.a. w w d f),iL}9 [h -

^

/,t

^

IDEftTmED t

td 'it te ietwasa -

. hg OKr - f, gf , $[ _

{,, l -

f, pP j (V -

m. = - l l

8605120135 850125 PDR ADOCK 05000352 G PDR l Q _ QL v.ChGs

e

[

COMMONWEALTH OF PENNSYLVANIA +

PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY This Agreement is entered into this 6th day of September d

1984 by and between the PHILADELPHIA ELECTRIC COMPANY (hereinafter referred to as PECO) whose principal place of business is located at 2301 Market Street, Philadelphia, PA 19101 and the COMMONWEALTH OF PENNSYLVANIA, acting through the Pennsylvania Emergency Manage-ment Agency, (hereinaf ter referred to as " Commonwealth") .

( (., .. . . !. -

D ,y -

d WHEREAS, NUREG-0654 dated November 1980, " Criteria for Prepar-

~- ' *

,,g, r

,. ation and Evaluation of Radiological Emergency Plans and Preparedness b

=- 2 .

,l in Support of Nuclear Power Plants" jointly published by the U. S.

M S' '~I 7 Wg-n- r, ,,,.:& 3 Nuclear Regulatory Commission and the Federal Emergency Management

..... .. i Agency sets forth guidance for the protection of offsite emergency e- workers; and

,f'.

,.dr: -

1

.- (. WHEREAS,Section II, Part K of the above referenced publication

% Cf - _ 1. . , ,, ,

labeled " Radiological Exposure Control" directs that provisions shall be made for dosimeters both self-reading and permanent record devices; and T' "

WHEREAS, the Philadelphia Electric Company is the Licensee for

)~' '

operation of the Limerick Generating Station (hereinafter " LGS") and the Commonwealth is responsible for ensuring the safety and welfare 3

of offsite emergsney workers in the event of an accident at the power plants NOW, THEREFORE, for and in consideration of the foregoing premises .

and the mutual promises hereinafter set forth, PECO and the Commonwealth, t c==.

7'. ,.[ w .;ty .7.g~ --a.-u ~..  ;: with the intention of being legally bound hereby, agree as follows:

1. PECO shall fund the procurement of 10,000 thermoluminescent

("TLD") dosimeters, on an annual lease basis, for the entire operating life of LG5 for use by offsite emergency workers responding to a radio-logical incident at LCS. The model and manufacturer of the TLDs shall be specified by the Commonwealth. A separate procurement agreement shall be negotiated between the Commonwealth and an appropriate vendor.

I

, _ _ _ . , - , - - - . - . _ , _ , _ _ _ _ - - -. . - _ -......_..____._.,.,_7 _ - - - _ _ , . . . _.-_,-..___.___.-...c___.

I The procurement agreement shall include maintenance.and reading of all TLDs, whenever necpssary, by the vendor. The TLDs to be so purchased by the Cossoonwealth and the services to be provided by the vendor to the Commonwealth shall be comparable to those Subsequent currently available for approximately $4.00 per TLD.

price increases for the purchase by the Coasmonwealth of the same or a comparable quality TLD over the operating life of LGS will be borne by PECO. For purposes of this paragraph, the " operating life of LGS" shall terminate 100 days after the last fuel assembly

^ ^ 'y r-.,

% is removed from the reactor vessels at LGS.

I. , i. 2. The Cosmonwealth and/or county emergency manage: cent agencies

u f ~t v

.g , .g ;

s, ,, shall be responsible for control, inventory (including any losses b ... ,- therefrom) and distribution of TLDs for offsite emergency workers, We in accordance with the procedures established in the Commonwealth 1 '~ { ' l ~ -

? --

of Pennsylvania's Disaster Operations PAan, Annex E, Fixed Nuclear m -4 Facility Incidents provided, however, that in the event that TLDs

~

, are read by the vendor as a result of an accident at LCS, and if N ,

b ., any or all of these TLDs are destroyed in the reading process, such supplies shall be replaced by the '.icenses.

3. PECO shall pay for the first annual supply of 10,000 TLDs e

and associated services within thirty (30) days after they are

[ "-

ordered by the Coaunonwealth. In succeeding years PECO shall pay M g -

• for the TLDs and associated services within thirty days after re-o .

ceiving an invoice from the Commonwealth indicating that the TLDs have been reordered and describing the TLDs and associated services being reordered. In the event that the Commonwealth provides TLDs t

1. ~'

I .c ._ ..

for the full complement of offsite emergency workers designated in c .

_, the applicable offsite respoise plans for any other nuclear power e ..2.. .. i '

g , ,. ,,_ h .' _

,y Plant in the Comunonwealth for any fiscal year, using funds obtained from any source other,than direct payments from the reactor owner or i operator similar to those provided for in this Agreement, the obli- 1 gations of this paragraph shall be waived for that fiscal year.

4. PECO shall provide the Commonwealth with adequate funds to purchase 9,000 CD V-730 dosimeters (self-reading 0-20R), or an equivalent, commercially available dosimeter, for use by emergency

- 2 -

O workers in the plume exposure pathway emergency planning zone for LCS. For purposes of this paragraph, " adequate funds" shall constitute the lesser of $675,000 (9,000 dosimeters at $75.00 each),

or the actual cost to the Commsonwealth to purchase 9,000 CD V-730 or equivalent dosimeters. Funding for procurement of self-reading l dosimeters shall be on a one-time basis. Transfer of such funds shall be accomplished within 30 days after the comunonwealth orders 9,000 CD V-730 or equivalent dosimeters.

l 5. The Corssonwealth and/or county emergency management agencies

- g. ;pyg *.a 7..= T .:

c. n,.,- '

i, 3 shall be responsible for the control, inventory, distribution, repair, i

1. .-,1 s ",' maintenance, and replacement of such dosimeters, as necessary, in a .

.?14M et sv2i  %* b. %.. 7 % accordance with procedures established in the Commonwealth of Penn-F- t '_1 . vf .4 ~ ^ - .. sylvania's Disaster Operations Plan, Annex E, Fixed Nuclear Facility

.*ax= e4 . r .5-- . v .- G J.

E  %*. , ,# ~. Incidents.

a

,, . t

. yj 6. In accordance with procedures established in the Commonwealth

, t. , , .{

jf. of Pennsylvania Disaster Operations Plan, Annex E, Fixed Nuclear g 3, 1.. - g,,,, Facility Incidents, the Commonwealth shall assume responsibility M- - u,m .) for the conduct of the requisite training to ensure proper operation of dosimetry equipment *(including both TLDs and self-reading dosi-y as metry) by the personnel to whom it is issued. PECO will provide the

_. .: Commonwealth with technical consulting and assistance, on an as-needed g -' ,

,- basis.

' Q

. .  % 7. The Commonwealth has adequate supplies of CD V-742 dosimeters

_e .

(self-rea, ding 0-200R) available for use by emergency workers responding I to a radiological incident at LGS.

_. t.

~.i~ .-.

.:7 g ARTICLE II f, g-i TERM OF AGREEMENT .

3 c9 s% . 4. -as The torn of this agreement shall be from the execution date of

- . - -ammme,w g' ' 6i this agreement throughout the remaining operating life of LGS as de-fined in Article I, Paragraph 1 of this Agreement.

ARTICLE III AMENDMENT OF AGREEMENT

1. This agreement constitutes the entire agreement between the parties.

2. No amendment or modification changing the scope or terms of this agreement shall have any force or effect unless it is in writing and signed by all parties.

- 3 -

ARTICLE IV .

ASSIGNABILITY OF AGREEMENT

1. This agreement shall be binding upon the parties and

, their respective successors and assigns.

2. PECO shall not assign any duties or responsibilities ,

under this agreement without the prior written approval of the Commonwealth.

ARTICLE V NONDISCRIMINATION

.. ..... .s.

'T . . ,

] }, During the term of this agreement, PECO agrees to be bound

^;. [ ' MD[ by the Nondiscrimination Clause attached as Exhibit A.

! L-eh--

,:. . : . A .

.7% .?

• Q: ARTICLE VI CONFLICTS OF INTEREST I

-I PECO covenants that it presently has no interest and shall

• ~

.7 )

not acquire any interest, direct or indirect, which would conflict j 3 ~. ,

k. I

.w, g in any material manner or degree with the performance of its services i I he* rounder. It further covenants that in the gerformance of this l

contract it will not knowingly employ any person having any such interest.

4- - ,

-[p . . ARTICLE VII j t ([. .-_'$ LEcAL NOTICES T ~ ~ %1- ." ~

. 1. The Contracting Officer for the Commonwealth shall be the

. - Director'of Administration, Pennsylvania Emergency Management Agency, P. O. Box 3321, Transportation and Safety Building, Harrisburg, Penn-V - '

sylvania 17105.

i-

• 2. The parties agree that all legal notices pursuant to this

• k j contract shall be sufficient if in writing and mailed certified mail, return receipt requested, and all other communications shall be suffi-cient.if in writing and mailed, prepaid first class, to the following addresses of the respective parties or such other addresses as may be designated, from time to time, by the parties in writings i l

a. Director of Administration 1 Pennsylvania Emergency Management Agancy Transportation and Safety Building P. O. Box'3321 Barrisburg, Pennsylvania 17105 i l

_ 4 .

I l

• .* t

.a -.

b. Vincent S. Boyer Senior Vice President, Nuclear Power Ph'iladelphia Electric Company 2301 Market Street Philadelphia, PA 19101 IN WITNESS WHEREOF, the parties hereto have caused this .

agreement to be executed as of the date first above mentioned.

WITNESS: COMMONWEALTH OF PENNSYLVANIA Acting through the Pennsylvania

. . * ~, Emerge Management Agency

... j?

By: />// 4 d. A - [s

' '"' "E // #' ~ Director of AdministWation ,

rf .  %-

. , -s

-' r a .- Date: ["MM

.'. .M..

9 *

WITNESS: PHILADELPHIA ELECTRIC COMPANY w y . ,

4.;.a-- v' : - . , ,.i y. 3 e---

'Y ' ' // htmaf; s

' # Presi i., ,

W)h Secretary J.)

Tax Identification Number

.u.. . . 23-0970240 a .-* j i

./ ' 1 Approved as to form and legality '

. ,= 4.,

. u OFFICE OF GENERAL COUNSEL

'~

By .!! / n ' A' / i , ' * - Date: /T' J 8 Depu,ty General Counsel J

, .. m . . .- .

~e- c _ , . ;V OFFICE OF A RNET,rGEN$RAL By: Dates .

,i{ M,7:f 3-

• Deputy Attofhey General

_T_ r::.. " A D

. . 5 -

.. . . . . 1

. l i

l EINtBtT A ,

1

... l o

NONDISCftlMINATION'Ct.AUSE l I

During the term of this contract, Contractor agrees as follows*

I

1. Contractor shall not discriminate against any employe, applicant for employment. Indepen. l dont contractor, or any other person because of race, color, religious creed, ancestry, national origin, I age, or sex. Contractor shall take affirmative action to insure that applicants are employed, and that 1

.~ ~ # _w. _._ r employes or agents are treated during employment, without regard to their race, color, religious 1

$r '. 4&~.-

-l creed, ancestry, national origin, age, or sex. Such affirmative action shallinclude, but is not limited to: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or l

we ,

• j, ' termination; rates of pay or other forms of compensation; and selection fortraining. Contractor shall ,

s -< UT .ia,T- P post in conspicuous places, available to employes, agents, applicants for employment, and other 1

. _ , }] ,, persons, a notice to be provided by the contracting agency setting forth the provisions of this nondis.  :

M .-. crimination clause.

'C 7 9". - -

2. Contractor shall, in advertisements or requests for employment placed by it or on its behalf,

. ~ -f @FW . . - - - 7 state that all qualified , applicants will receive consideration for employment without regard to race, j

• l color, religious creed, ancestry, national origin, age, or sex.

. .a. - g 3. Contractor shall send each labor union or workers' representative with which it has a collec.

vf.b - .,

i f

tive bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of its commitment to this nondiscrimination clause. Similar notice shall be sent j to every other source of recruitment regularly ut!!ized by Contractor, u.-. '

. 4 It shall be no defense to a finding of noncompliance with this nondiscrimination clause that

, v . _ m.cem ,

Contractor had delegated some of its employment practices to any union, training program, .or other source of recruitment which prevents it from meeting its obligations. However, if the evidence indicates that the Contractor was not on notice of the thirp party discrimination or made a good faith effort to

. correct it, such factor shall be considered in mitigation in determining appropriate sanctions.

- o 5, Where the practices of a union or any training program or other source of recruitment will 1

, a4u;; Me~""" , result in the exclusion of minority groub persons, so that Contractor will be unable to rreet its obliga.

s , , ~ - . tions under this nondiscrimination clause, Contractor shall then employ and fill vacancies through {

j n-

• cther nondiscriminatory employment procedures.

p ..

'A ***" .em, 6. Contractor shall comply with all state and federal laws prohibiting discrimination in hiring or

" ~+ "* 4 employment opportunities. In the event of Contractor's noncompliance with the nondiscrimination clause of this

• contract or with any such laws, this contract may be terminated or suspended, in whole or in part and Contractor may be declared temporarily ineligible for further Commonwealth contracts, and other sanctions may be imposed and remedies invoked.

,' c- 7. Contractor shall furnish all necessary employment documents and records to, and permit

" w #*%. . ~^ ,.jf access to its books, records, and accounts by, the contracting agency and the Office of Administration, g Bureau of Affirmative Action, for purposes of investigation to ascertain compliance with the provisions k .

'6. N.

, of this clause. if Contractor does not possess documenu or records reflecting the necessary information.

requested, it shall fumish such information on reporting forms supplied by the contracting agency or the R - # .% d.- Bureau of Affirmative Action,

w

' g

8. Contractor shall actively recruit minority subcontractors or subcontractors with substantial minority representation among their employes.

9. Contractor shall include the provisions of this nondiscrimination clause in every subcontract, so that such provisions will be binding upon each Subcontractor,

10. Contractor obligatione under this clause are limited to the Contractor's facilities within Penn.

sylvania or, where the contract is for purchase of goods manufactured outside of Pennsylvania, the

. facilities at which such goods are actually produced.

l l

l

. _ . - - - - , - - - - , - - - - - ,. -- , ,. . , - ---r - - . - . - ..------,-r- -.--,_,-..--.-----,---m- - - ~ - -