ML20010F912

Motion to Reopen Record to Receive Evidence of IE Investigation Recommendations & to Compel Appearance of Listed NRC Personnel.Testimony Should Be Taken on Why Rept Not Publicly Released or ASLB Notified.W/Certificate of Svc

ML20010F912
Person / Time
Site:	Three Mile Island
Issue date:	09/10/1981
From:	Sholly S AFFILIATION NOT ASSIGNED
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8109150105
Download: ML20010F912 (1)

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SHOLLY, 9/10/81 c)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION f~f Usimc 97 SEP1 119 E " 1 BEFORE THE ATOMIC SAFETY AND LICENSING BO Ti9,9fj7 /

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<>J In the Matter of METROPOLITAN EDISON COMPANY, et al. Docket No. 50-289 (RESTART)

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(Three Mile Island Nuclear Station, )

Unit No. 1) )

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INTERVENOR STEVEN C. SHOLLY

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MOTION TO REOPEN THE RECORD AND TO COMPEL THE 8' "Y ]

APPEARANCE OF NAMED NRC STAFF PERSONNEL ,

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The Board and the parties should be in receipt of a motion from the Union of Concerned Scientists (" Union of Con-cerned Scientists Motion to Reopen Record, to Permit the Taking of Depositions, and for Costs Against the NRC Staff," dated 10 September 1981). For reasons similar to those advanced therein, Intervenor Steven C. Sholly hereby moves the Board to reopen the record and compel the appearance of NRC Staff 3

personnel named herein. 050

• Approximately four weeks ago, UCS came into possession I /

8109150105 810910 PDR ADOCK 05000289 G PDR

l e of a document entitled, " Recommendations of TMI-2 IE Investigation 1 Teara (Operational Aspects)," dated September 1979. The document is an enclosure to a memorandum dated 10/10/79 from R. D. Martin

' (Leader, Operations Team, OIE - TMI Investigation) to J. M. Allan (Deputy Director, Region I), and was transmitted as an attachment i

to a memorandum dated 10/16/79 from James M. Allan to Norman I C. Moseley.

The document first came to my attention during the pre-paration of a report under my direction at UCS concerned with the development cf the TMI Action Plan. In attempting to compile all  :

of the source documents listed in the Action Plan as references I

for specific Action Plan items, I came across references to

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two documents, one of which was the document cited in the para-

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graph immediately above. The references in the Action Plan to this document gave no indication that the recommendations from l...

- the IE Investigation Team were in any way different from and/or inconsistent with the related Action Plan requirements, nor r was there any indication in the reference in the Action Plan that recommendations of the IE Investigation Team had been ignored in the Action Plan.

- To obtain the document, I instituted a personal search i

of -the TMI-l and TMI-2 docket files in the NRC's Public Document Room in Washington, D.C. Unable to located the document in i

- this manner, I requested the assistance of PDR personnel in l

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. i conducting a search of NRC's computerized document control system records. Computer searches were conducted by searching the follow-i ing types of information:

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' A. Name-related searches for Allan, Sniezek, Moseley, Martin, and Grier.

B. Title-related search on the Allan-to-Moseley memo, the Martin-to-Allan memo, and the report itself.

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. C. Date-related search for 10/16/79 and 10/10/79.

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None of these searches turned up the document. I was j

I ad / ~,ed at that point by PDR personnel that the document was 4

. not in the Public Document Room. I then telephoned the NRC

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Region I' office and Messrs. Moseley and Sniezek (who had received a copy of a related report on Radiological Aspects) .

Neither Mr. Moseley's nor Mr. Sniezek's offices were able I to-locate copies of the documents. Region I was unable at first to locate the documents, but later returned the call l

.i to state that the documents had been found, and that when the Region Office Director, Mr. Grier, returned from vacation

! on August 5th, that a decision would be made whether or not to forward the documents.

The covering memorandum (copy _ attached) indicates that

documents were sent to me on August 5, 1981. UCS received the documents on August 7, 1981. As noted in UCS's motion, both Mr.

Pollard and Ms. Weiss were absent from the office for varying lengths of time from August 7 through 31. I waited for their return to consult with them regarding the document and its recommendations and on the legal requirements of a motion to reopen the record.

The Nature of the Documant The IE/TMI Investigation Team (Operations) report is clearly a significant document and clearly related to a variety of issues in this proceeding. From a comparison with the

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team which conducted the investigation resulting in NUREG-0600

][{~, ' (the IE Investigation which resulted in the $155,000 fine

-J against Licensee for violations related to the TMI-2 accident),

- it is clear that the operations Team recommendations were made by essentially the same personnel (except Mr. James Creswell, who had by that time been assigned to the NRC's Special inquiry Group investigation).

- The recommendations apparently resulted from the Operations Team's intense investigation and review of the TMI-2 accident. Several of these recommendations relate to issues within the scope of Intervenor Sholly's contentions, as specified below.

i Relationship Between the Document and Sholly Contentions

1. Recommendation C.l.a.4, " Control Room Sound Recording System" This recommendation compares favorably with Sholly Proposed Finding No. 160 ("Intervenor Steven C. Sholly Proposed Findings of Fact and Conclusions of Law on Plant Design Issues,"

6/1/81, pages 75-77). This is a recommendation which the Staff witnesses expressed reservations about from a human factors standpoint (Tr. 10,498-99, Ramirez, Price). The recommendation <

in the Operations Team report is apparently made from the standpoint of preventing the loss of information which IaI operators might not log during the sequence of events in a

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-r1~ severe accident; indeed, the problem from which the team's l

recommendation flows is thusly stated:

- "Information about occurrences during the accident when the operators did not record l

in their log could be alleviated by the

' use of tape recording of conversations or direct verbal recording." (Report, page 13)

This recommendation, which the NRC Staff never reported to the Board or the parties at the time it was made or during

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the time when the human factors contention (Sholly Contention 15) was litigated, lends credence to the concept advanced in Shol2y Proposed Finding No. 160 that the public interest in the safe operation of the plant (enhanced by audio or perhaps video taping, as recommended .y the IE Operations Team) is at least significant, and would allow the Board to more properly weigh the merits and disadvantages of such a taping system. As the record stands now, the Board would be faced with evidence that could lead it to conclude that the human factors aspects of the system outweigh other factors in support of installing such ..

- a recording system.

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2. Recommendation C.l.a.15, " Instrumentation Failure

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Modes" The Operations Team recommended that NRC require instru--

mentation to fail in other than normal condition, and indicated its belief that the GDC require this to be the case. This

issue was addressed during the litigation of the human factors contention (Sholly Cci +.ention 15) , and the ICS contention (Sholly Contention 6-a). Sholly Proposed Findings addressed this issue at No. 53-54. Nowhere did the Staff put forward the position that the GDC do not permit mid-scale failures in

- plant instrumentation. Such a position clearly supports the proposition that mid-scale failures should be eliminated.

3. Recommendation C.l.a.16, "Multipoint Recorders"

The Operations Team recommended that critical parameters be continuously recorded,'and that multipoint recorders be used only for parameters of " general historical interest." This issue (the use of multi-point) recorders was raised during discovery with the Licensee. It has clear human-factors ir;crtance regarding the availability of information to plant operators, and should be considered to be within the scope t

7 ~- of Contention 15 (human factors engineering review of TMI-l control room). If I had been in timely possession of this H.- -- report, I would certainly have included this issue within

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the scope of the contention explicitly, and would have L- attempted to adduce evidence by cross-examination. The recommendation should serve as sufficient reason to cause the Licessee to re/iew its use of multipoint recorders in

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the control room and make appropriate changes to ensure that parameters with safety significance are continuously recorded.

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4. Recommendation C.l.b.3, "ICS" contrary to the positions advanced by the Licensee and l

l the Staff, and in support of the position advanced by Oak Ridge I

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National Laboratory in the draft review of the B&W reliability

anel1 -is (which the Board refused to take official notice of in a prior order) , the Operations Team recommended for near-term implementation the development of requirements for a safety-related ICS, and to evaluate the continued operation of B&W 1

plants without a safety-re' lated ICS. The Team also recommended (complementary to NUREG-0667 recommendations which the Staff failed to implement) that additional shift personnel be considered for assignment to provide support in the case of ICS failure.

This recommendation carries strong support for the

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proposition that the current ICS is simply not reliable enough, .

a point heavily refuted by the NRC Staff and Licensee witnesses.

Il'~ ~ Witnesses should be produced to address the reasons for this recommendation, and their testimony can be compared with prior 2r testimony t0 determine the relative merits of their positions.

- Certainly, this recommendation demonstrates that the evidence

- is not as one-sided as the Staff and Licensee would have the Board believe.

The Record Should be Reopened and NRC Staff Witnesses Produced The information contained in the Operations Team memo

- was not publicly available until I obtained a copy directly from Mr. Grier at Region I. The informa ton ;ontained therein is

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sufficiently significant that it could cause the Board to alter its decision if included within the record. Information that could be further developed with the appearance of the following witnesses certainly has the potential for increasing the significance of the recommendations contained in the IE Operations Team report:

R.D. Martin, Operations Team Leader R.J. Marsh, Operations Team Member D.C. Kirkpatrick, Operations Team Member D.R. Hunter, Operations Team Member ,

T.T. Martin, Operations Team Member e A.N. Fasano, Operations Team Member 7-

_Z" In addition to reopening the record, the Board should -

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request the NRC Staff to produce the above persons as witnessos

-:7 to testify as to the recommendations contained in the Operations Team report. If the Staff resists the Board's request, the Board should make the appropriate findings and compel the

appearance of the above-named individuals.

The NRC Staff bore a responsibility to bring these recommendations to the Board and parties' attention promptly, as it did voluntarily with regards to the NUREG-0600 report.

It is inconsistent for the Staff not to have provided the recommendations of the same authors of NUREG-0600, especially .

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considering the nature of the issues raised in the Operations

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Team repcrt and the relationship between these recommendations and several intervenors' contentions, including Intervenor Sholly, UCS, and others. .Considering all of the documents that the Staff forwarded to the parties throughout this proceeding, this Intervenor must question the iaotives behind any decision not to promptly forward the Operations Team report to the parties. The Staff's obligations to keep the Board and the parties informed about developmenes so strongly related to the case is not limited only to developments favorable to the Staff and the Licensee.

I In consideration of the foregoing, Intervenor Shelly heieby moves the Board to reopen the record on Sholly Contentions

}]{=f OkSJ 6-a and 15, and compel the appearance of the named NRC Staff z-personnel to testify about the recommendations which they made in a. report that was never publicly released and never brought to the Board's attention, namely the Operations Team report (as specified above).

Respectfully submit,ted, ,

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DATED: 10 September 1981 , ,',c- 7 , .

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Steven C. Sholly / ,

Union of Concerned Scientists 1725 I Street, N.W., Suite 601

• For mailing purposes Washington, D.C. 20006 only; Intervenor Sholly continues to represent himself pro se in this

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proceeding.

I Date ROUTING AilD TRANSMITTAL SUP 8/5/81 initials Date To: (Name, office symbol, room riumber, building, Agency / Post) e

1. Steven Sholly Union of Concerned Scientists i

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4. I 5.

File I Note and Return l (A: tion For Clearance Per Conversation f boroval Prepare Reply b Requested i For Correction l For Your Information See Me birculate Investigate signature _

bomment ICoordination Justify REMARKS The attached memorandums are forwarded to you per your request.

i Encl:

1. J. Allan memo to J. Sniezek dtd 9/28/79, Subj:

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IE/TMI Radiological Investigation . Team Recommenda-tions for "Long-Term" TMI Improvements and/or for i=

c. Other Power Reactor Sites. . .

~2. J. Allan memo to N. Moseley dtd 10/16/79,Subj:

l -- - Operations Team Recommendations - IE/TMI Unit 2  !

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Investigation.

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.cc: J. H. Sniezek N. C. Moseley -

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Do i oT use this form as a E}ECoRD of approvals, concurrences, disposals, f s 9'eay(y.es, a,n d simitpf actions

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FRoM: (Nams.Trg. s I gefy fast

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B. FI.Nri r, Uff Director, Region 2$"*3$-5299 '

W 3-302 OFTioNAL FORM 41 (Rev. 7-76)

Pruended by csA FPW R (41 CER) 101-11.206 -

Wrs.cro.is:..o.261.E473354 l

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September 10, 1981 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION EEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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METROPO.DITAN EDISON COMPANY ) Docket No. 50-289

) (Restart)

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(Three Mile Island Nuclear )

Station, Unit No. 'l) .

CERTIFICATE OF SERVICE I hereby certify that ccpies of "Intervenor Steven C. Sholly Motion to Reopen -the Record and To Compel the Appearance of Named NRC Staff Personnel" were served upon those persons listed below this 10th by deposit in the United States mail, postage prepaid, day ~of September, 1981:

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Docketing and Service Section

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Ivan W. Smit [, Esquire Office of the Secretary Chairman Atomic Safety and Licensing U. S. Nuclear Regulatory Conimissiom Washington, D.C. 20555 Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 John A. Levin, Esquirc Assistant Counsel Dr. Walter H. Jordan Pennsylvania Public Utility Comm'n.

Atomic Safety and Licensing Post Office Box 3265 Board Panel Harrisburg, Pennsylvania 17120 881 West Outer Drive Robert Adler, Esquire Oak Ridge, Tennessee 37830 Assistant Attorney General Dr. Linda W. Little 505 Executive House Atomic Safety and Licensing Post Office Box 2357 Board Panel Harrisburg, Pennsylvania 17120 5000 Hermitage Drive Raleigh, North Carolina 27612 r, John E. Minnich Chairman, Dauphin County Board of Commissioners Professor Gary L. Milhollin Dauphin County Courthouse 1815 Jef ferson Street Front and Market Stiaets Madison, Wisconsin 53711 Harrisburg, Pennsylvania 17101

- -_-___ _____ ___________________________j

1 Walter W. Cohen, Esquire James R. Tourtellotte, Esquire Consumer Advocate Office of the Executive Legal Director

d. S. Nuclear Regulatory Commission Office of Consumer Advocate 20555 14th Floor, Strawberry Square Washington, D.C. Harrisburg, Pennsylvania 17127 Jordan D. Cunningham, Esquire Attorney for Newberry Township Gail Bradford T.M.I. Steering Committee Anti-Nuclear Group Representing York 245 Wect Philadelphia Street Fox, Farr & Cunningham York, Pennsylvania 17404 2320 North Second Street Harrisburg, Pennsylvania 17110 William S. Jordan, III, Esquire Ms. Louise Bradford Attorney for People Against Nuclear Energy TMI ALERT Harmon & Weiss 315 Peffer Street Harrisburg, Pennsylvania 17102 1725 Eye Street, N.W., Suite 506 Washington, D.C. 20006 Attorney General of New Jersey Robert Q. Pollard Attn: Thomas J. Germine, Esquire 609 nontpelier Street Deputy Attorney General Baltimore, Maryland 21218 Division of Law - Room 316 1100 Raymond Boulevard Chauncey Kepford Newark, New Jersey 07102 Judith H. Johnsrud

~- == E l ly n _R . Weiss, Esquire Environmental Coalition on Nuclear

~ Power Harmon and Weiss

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"~'" 1325 I' Street, N.W., Suite 506 433 Orlando Avenue State College, Pennsylvania 16801.

WA_.:. Washington, D.C. 20006 . ::

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George F. Trowbridge, Esquire Marvin I. Lewis .

Shaw, Pittman, Potts and Trowbridge 6504 Bradford Terrace-Philadelphia, Pennsylvania 19149 1800 M Street, N.W. .

Washington, D.C. 20006 ,

Narjorie M. Aamodt . ;_ _

R. D. 5 Coatesville, Pennsylvania "19320 ,, .

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Steven C. Sholly

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