ML19330C130

Revised Contention 5.Contention Was Incorrectly Dated 800726 & Inadvertently Cited 10CFR50.40 Twice.Certificate of Svc Encl

ML19330C130
Person / Time
Site:	Three Mile Island
Issue date:	07/28/1980
From:	Widoff M THREE MILE ISLAND ALERT, WIDOFF, REAGER, SELKOWITZ & ADLER
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19330C125	List: ML19330C124 ML19330C128 ML19330C130 ML19330C133 ML19330C134
References
ISSUANCES-SP, NUDOCS 8008070606
Download: ML19330C130 (3)

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Revised Contention 5 It is conterided that Licensee has pursued a course of conduct that is in violation of 10 CFR 50.57,10 CFR 50.40,10 CFR 50.36,10 CFR 50.71 and 10 CFR 50 Appendix B, th?reby demonstrating that Licensee is not " technically

. . . qualified to" operate TMI Unit 1 "without endangering the health and safety cf the public." This course of conduct includes:

a. deferring maintenance and repair beyond the point established by its own procedures (see e.g. A.P.1407); __

b. disregarding the importance cf maintenance in safely operating a nuclear plant in that it:

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1. uses supervisory and other personnel to perform maintenance;

2. proposed a drastic cut in the maintenance budget;

3. fails to follow its own maintenance procedures for the timely correction of maintenance problems;

4. fails to keep accurate maintenance records;

5. has inadequate and understaffed QA/QC programs;

6. extensively uses overtime in performing maintenance.

Assurances given by Licensee's employees and officials as well as assurances given in the SER that all NRC regulations have been and/or will be adhered to are not credible. The same employees and efficials who were responsible for the violations numerated above remain in responsible pcsitiens with Licensee.

Reorgani::ation of the same people does not correct the problem.

8008070 h b

M Under these circumstances, Licensee cannot demonstrate by a prepon-derance of the evidence that it is " technically . . . qualified to" operate TMI Unit 1 "without endangering'the health and safety of the public."

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CERTIFICATE OF SERVICE I hereby certify that I caused a true and correct copy cf the foreg~oing document, TMIA's Correction Of Errors In Its Motion For Revision Of Contention 5, to be placed in the United States mail, first-class, postage prepaid, addressed to the persons listed below:

Ivan W. Smith, Chairman Atomic Safety & Licensing Board Panel U.S . Nuclear Regulatory Commission Washington, DC 20555 Dr. Walter H. Jordan 881 West Outer Drive Oak Ridge, TN 37830 Dr. Linda W. Little 5000 Hermitage Drive Raleigh, NC 27612 George F . Trowbridge, Esquire Shaw, Pittnan, Potts & Trowbridge 1800 M Street, N.W.

Washington, DC 20006 Docketing and Service Section U.S . Nuclear Regulatory Commission Washington, DC 20555 Executive Legal Direc:or U.S. Nuclear Regulatory Commission Washington, DC 20555

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Mark P .' Widoff O

Dated: July 31,1980