ML19309E003
| ML19309E003 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 03/21/1980 |
| From: | Ahearne J NRC COMMISSION (OCM) |
| To: | Udall M HOUSE OF REP., INTERIOR & INSULAR AFFAIRS |
| References | |
| NUDOCS 8004140270 | |
| Download: ML19309E003 (3) | |
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e-_q UNITED STATES NUCLEAR REGULATORY COMMISSION e, y WASHINGTON, D. C. 20555
%....,o March 21, 1980 CHAIRMAN l
5 The Honorable Morris K. Udall Chairman Subcommittee on Energy and the Environment Committee on Interior and Insular Affairs Washington, D. C.
20515
Dear Mr. Chairman:
The Commission has devoted substantial time to the question of Met Ed's conduct during the TNI-2 accident one year ago.
Last fall the NRC assessed a_ civil penalty against Met Ed.
However, one area was left open, that related to information transfer.
Last fall the Comission concluded that area should be examined after the Presidential Comnission.
and the NRC Special Inquiry Group had completed their work.
Shortly before the Special Inquiry Group submitted its report, you sent us the first of two sets of questions relating to infomation transfer.
As a result, the Commission continued to defer the I&E review and tasked the Special Inquiry Group to examine its records further for information pertaining to your questions and to conduct such further inquiry as it believed warranted.
Finally, Dr. Myers of your staff has provided us with a review of this issue.
The Special Inquiry Group has reported on its reexamination in detail, indicating that it finds no direct evidence suggesting inten-tional withholding of infomation but that it was not appropriate for the Special Inquiry Group to reach conclusions as to enforcement ques-tions.
The Commission believes the Special Inquiry Group effort answers your questions, although the answers will have to be reviewed by NRC personnel with regard to enforcement matters.
The Commission has dis-cussed several approaches to complet; the review, including setting up a special task force in the Office of the General Counsel, referring the entire issue to the TMI-l hearing board, and referring the matter directly to I&E.
We have concluded that the appropriate action is to now direct I&E to complete the investigation. This will focus upon the question of whether a further civil penalty of Met Ed is justified in light of the facts pertaining to information transfer.
I&E will contact your staff for any further information they may have.
Following the I&E investi-gation, the entire file would be referred to the Justice Department for review for possible prosecution, if such action appears eppropriate.
I In conducting its review, I&E will be assisted by IA to insure appropriate procedures are followed to protect possible subsequent actions by the Justice Department.
In addition, the General Counsel will monitor the progress of the investigation and keep the Commission abreast of its status.
2Yb 8004140
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Commissioners Gilinsky and Bradford emphatically do not agree that
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"the Special Inquiry Group effort answers your questions." They are l
mystified how such an assurance can be given until I&E or (as they would prefer) a separate task force has completed its review, and they are concerned that the Commission, by making such a statement at this time, will bias the staff's further work on this subject.
Enclosed is the Special Inquiry Group review of the material relating to your questions.
A further Commission response will be provided following completion of the I&E investigation.
Sincerely,
)
?O 0 (T h J)hnF.Ahearne
Enclosures:
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Special Inquiry Group Review 2.
Chairman Ahearne's Addendum 6
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UNITED STATES E
g NUCLEAR REGULATORY COMMISSION 5
E WASHINGTON, D. C. 20555 e,. r. A H j
." csxy CHAIRMAN Addendum to Chairman Udall:
I note that I certainly do not intend to bias the staff's further work on this subject, and the Commission explicitly indicates the staff will examine the Special Inquiry Group effort regarding enforcement matters.
Therefore I wish to insure the staff not draw the same inference as did Commissioner Bradford and Gilinsky, by emphatically not agreeing with their interpretation of this decision.
John F. Ahearne Chaiman O
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