ML20010J335

Response Opposing Licensee Position That ASLB Decision Is Fully Supported by Record on Mgt Issues & Should Be Made Immediately Effective.Reliance on H Dieckamp 800912 Mailgram Inappropriate as Not Part of Record.W/Certificate of Svc

ML20010J335
Person / Time
Site:	Three Mile Island
Issue date:	09/24/1981
From:	Bradford L THREE MILE ISLAND ALERT
To:
References
NUDOCS 8109300333
Download: ML20010J335 (5)

Text

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UNITED SIATES OF AMERICA 'O NUCIIAR REGUIATORY CONMISSION 4

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y <: a In the Matter of )

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MLTROPOLITAN EDISON CQ4PANY Docket No. 50-289

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(Three Mile Island ) j g Station, Unit 1) ) . gy SEp2 S '

1981 -

S' u.s. ,4 1,, % g42 IMIA'S RESPONSE 00 TENTS TO LICENSEE'S CONENTS ON IMEDIATE EFFECTI 0F y PARTIAL INITIAL DECISION g g For the reasons stated in its request for stay and mmorandtzn in suppe-t ,

IMIA disagrees with the Licaisee's view that the Board's decision is fully supported by the record on managenent issues and should be made inmediately effective.

Licensee has also provided in its c e ents some " amplification" to the Board's decision of Board Issue (10). First, with respect ot Mr. Dieckamp's May 9th mailgram, Licensee supports the proposition the Mr. Dieckamp believed his stataent in the mailgram to be true by citingranarks made during a September

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Akjy;12Q:930 g d g sition.,This deposition was not in the record and in fact, IMIA

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,vm?.p?hafinver hiaid 'iti noEhas seen a transcript of it. We submit that reliance upon such remarks in clearly inappropriate. There is evidence on the record concerning Mr. Dieckamp's knowledge on May 9,1930, which includes the extrenely narrow conclusion of the IE investigation, NUREG-0760 at p. 45 that he made no material false statenent under the Atanic Energy Act of 1954 since the statement was not nude in a license application or under S182 of the Act. There is also sane discussion on the record in which Mr. Mosely, who conducted the above-referoiced deposition, states that the mailgram is "open to so many 96 A 0109300333 810924 PDR ADOCK 05000289

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different interpretations that perhaps you may want to pursue with Mr.

Di.eckaap this matter." Tr.13,062. The Board did not pursue the matter with Mr. Dieckamp, despite the inconclusive nature of the evidence on the record, and thus the Board was certainly not justified in setting the matter to rest as it did. Paragraph 501. But in addition, the Licensee should not expect the Comnission and the parties to rely upon a deposition ecmpletely outside -

the record, not in the possession of the parties (at least not IMIA), and not considered by the Board, when it failed to offer testimony by Mr. Dieckamp at the hearing. When the Board went outside the record in evaluating Board Issue (10), it specifically examined only official, final investigationswith which all parties were familiar. The Comnission cust reject this attenpt and any future attempts by the Licensee to now bring in this type of evidence to clarify issues it wishes to clarify. This is grossly unfair if not a clear error.

Second, with regard to the pressure spike itself, the Licensee cites.the conclusions of NUREG-0760. However, the conmission should note that the Report of the Majority Staff of the House Comnittee on Interior and Insular Affairs (Udall Report), which the Board did examine in its decision (although refused to admit into evidence), concludes:

? Statements made to IMI investigators indicate the following:.most of those 5 present in the control room were aware on March 28 of the pressure spike g,M ._

and associated actuation of contaiment sprays; several of those present

.were aware on March 28 that a detonation possibly involving hydrogen Qg h had occurred; and Station Manager Gary Miller....was more than likely aware of the detonation and its significance. p. 57-58. a Thus, the issue is certainly open to varying interpretations, notwith-standing Licensee's conments with respect to the issue and the Board's conclusion in Paragraph 501 of its partial initial decision.

Respectfully subnitted September 24, 1981

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1MIA

$ 4 LUITED STATES OF AMEPlCA 8 s NUCIEAR REGUIAIORY (IM41SSICN @

9' BEFORE THE CatRSSION 2 e~

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In the Matter of ( 0 y,l[wehm

( c3 PETROPOLITAN EDISON CaiPANY ( Docket No. 50-289 0W

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(Three Mile Island Nuclear (

Station, Unit 1) (

Lt.falFICATE OF SERVICE I hereby certify that copies of the attached "7MIA's Response Conments to the NRC Staff Comments on Innediate Effectivesness with Respect to Licensing Board Decision on Managanent Carpetence/ Operator Training" and "IMIA's Response to Licensee's Conments on Inmediate Effectiveness of Partial Initial Decision" were served the 24th day ofSeptember, 1981, by deposit in the U.S.

Mail first class postage prepaid to the parties identified on the attached service list.

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louise Bradford I l IMIA t

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NilCl,E AR REClit.ATOH Y COMM I:::;i ori BEP3RE THE 00FMISS10L1 In the Matter of )

Metropolitan Edicon Company, Docket No. 50-289 Three Mile Inland Nuclear ) ( Res ta rt)

Station , Unit No.1) )

SERVICE LIST George F. Trowbrid6e, Enquire Dr. Linda W. Li t tle #

Shaw, Pittman , Po t ts & Trowbridge Atomic Sa f e ty & Licencint:

1800 M. Street, fi .W .

Washington, D.C. 20006 Boa ril Panel 5000 Hermi tage Drive Ms. Margorie M. Aamodt Raleigh, North Carolina, 27612 R.D. # 5 Docketing & Servica Gaction Coatsville, Pa., 19320 Of fice of the Sacreta ry Mn, Gail Bradford U.S. Nuclea r Recla tory Com.

Washington, D.C.~ 20555 AUGRY 245 W. Philadelphia St. E]Iyn R. Weinn York, Pa., 17404 She Ldon , lla rncn . Roinman & Weinn

1. ~/;' 5 J S t. rne l, , N.W. Unite '306 Robert Q. Pollard & Steven C. Sholly Wanhington, D.C. 2000fi Union of Concerned SciQinta 1725 1 Stree t , N.W., Suite 601 .lamon A. Tou r tollo t to . Enquira Washington, D.C. 20006

-Office of the Executi v" Le a l i)i r . e U.S. Nuclear Regula tare Comminniot, Walter W. Cohen , Ecquire Wanhington , D.C. 2n5M Consumer Advocate Department of Justice John A. Levin. Esq ui re Strawberry Srtuare , luth Floor Annintant Couane]

Harrisburg, Pa. ,17127 Pennnylvania Public litili ty Com.

P.O. Box .'J;m3 Dr. Chauncey Kop ford lia rrin bo rn. Pa . , 171;'o Dr. Judith II. .lohnurud ECNP .l " r la n 18 la f) Orinteln A v' n ot- ':no i n e.h:"n . E < i o i ""

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. G ta te College . Pa . , 16801 l' . M .1. ::I ." ritu, Connni i tro Cb Ivan.W. Smith, Esquire, Cha trman 2.320 Nort.h Socond S tree t Harris burg , Pa . , 17110 k(.%s N

Atomic Safety & Licencing Board Panel U.S. Nuclear Regulatory Commission Ka rin W . Ca r t.o r , Enq ui ro Washington, D.C. 20555 no ba ri Ad!"r, Enq u i r" A:: :i n Ian t A t 1.o rney Con" ra i Dr. Wal ter H. Jordan So:, g yn,:n t.i v" llonno Atomic Sa rnly & Licencing Board Panel p o, pox ;c}S7 881 Weat Ou ter Drive ita Prinbo": , ht.. 171%o Oak Ridge. Tennennee, 37830

O Commis.. cr Bradford U.S. Nuclear Regulatory Commission Washington. D.C. 20555 -

Commisaioner Gilinsky U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Commission Aherne .

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Commissioner Roberts U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Commissioner Palladino,Chairma U.S. Nuc';ar Regulatory Commission Washington, D.C. 20555 h.

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