ML20030B892
| ML20030B892 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 08/19/1981 |
| From: | Blake E METROPOLITAN EDISON CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8108250125 | |
| Download: ML20030B892 (8) | |
Text
LIC 8/19/81
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,A UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION s
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Docket No. 50-289
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LICENSEE'S ANSWER TO AAMODT U " egg
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MOTION FOR NRC ORAL LICENSING
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EXAMINATIONS OF TMI-l OPERATORS
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TO BE GIVEN AT THE B&W SIMULATOR s
AS REQUIRED OCTOBER, 1981 FORWARD k
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By motion dated August 4, 1981, Mrs. Aamodt asks that "the Board require that oral NRC licensing examinations of THI-1 operators and senior operators be administered at a simulator, as required by NRC regulations after October, 1981."
Mrs. Aamodt refers, here, to Item I.A.3.a of NUREG-0737, Clarification of TMI Action Plan Requirements, which requires that starting October 1, 1981, licensed operator applicants will take simulator examinations as a part of the NRC licensed operator examination process.
Licensee opposes Mrs. Aamodt's motion.
l As a preliminary matter, Mrs. Aamodt's motion suggests i
l that simulator examinations will replace or be combined with the oral operating exams given by the NRC.
This assumption is incorrect.
NUREG-0737, Item I. A. 3.1 is an exami nation
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requirement supplemental to the written and oral examinations presently required by 10 CFR Part 55.
Thus, it would be l
8108250125 810819 PDR ADOCK 05000289 C
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. inappropriate for the Board to replace or combine the regulatory requirement for oral examinations with simulator exams, as Mrs. Aamodt suggests.
For purposes of argument, however, Licensee will assume that Mrs. Aamodt's motion is directed at imposing upon all TMI-l operators the NUREG-0737 simulator examination requirement, as that requirement vill be applied to post-October, 1981, licensed operator applicants, i.e., as a third part of the examination.
It is apparently Mrs. Aamodt's view that the date for commencement of licensed operator oral examinations is determinative of whether operators must be tested at the simulator.
Thus, Mrs. Aamodt believes that by improperly sche-duling the oral examinations for too early, at the end of September, 1981, Licensee cleverly avoids the NUREG-0737 simulator exam requirement to which all of its operators would otherwise be subject.
This assumption ignores the Staff's statement in February of this year that the oral exams would be scheduled approximately 30 days before restart, and the Board's anticipated schedule for issuance of an initial deci-sion which, if met, will result in an early October, 1981 Commission decision.1 1/
See Tr. 12,785-86 (Boger), Memorandum from TMI-l Licensing Board to Commissioners, dated February 9,
'981, and Commission Order, CLI-81-3, March 23, 1981.
In its laemorandum to the Com-missioners, the Board anticipated an initial recommended decision by September 1, 1981.
In its March 23, 1981 Order, the Commiosion granted Licensee's request that the Commission's decision on the effectiveness of a Licensing Board decision be made within 35 days after issuance of the decision, i.e.,
by approximately October 5, 1981.
On information and belief, the oral exams have been sche-duled for some time to begin the week of September 14, 1981, and (Footnote continued) m
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Mrs. Aamodt's argument further rests on the false assumption that the TMI Action Plan simulator exam requirement applies to all TMI-1 operators including operators previously licensed by NRC.
However, a contrary conclusion is apparent from a review of NUREG-0737 and the parties' thorough discus-22,187-195. 2/
.sion of this subject on the record.
See Ir.
While Mrs. Aamodt may not have fully understood the applicability of the NUREG-0737 requirement, she certainly raises no signifi-cant new information which would form the basis for the Board's entertaining Mrs. Aamodt's motion at this late juncture.
See Northern Indiana Public Service Company (Bailly Generating Station, Nuclear-1), ALAB-227, 8 AEC 416, 418 (1974).
On June 30, 1981, during the parties' discussion of Licensee's June 22, 1981, commitment letter to the Commonwealth, Mrs. Aamodt raised the question of whether the simulator examination requirement contained in NUREG-0737 would apply to all TMI-1 operators if the cral examinations were given after October, 1981.
See Tr. 22, 193 (Aamodt).
The discussion I
on the record indicates that insofar as the NUREG-0737 sumulator exam requirement might be applicable to Licensee, its signifi-l cance was made moot by Licensee's commitment to have its (Footnote cont'd.)
to continue for three consecutive weeks, a schedule which is con-l sistent with restart decision date estimates of which the parties l
have been aware for about five months.
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During that discussion, it also appears that, at least initially, Mrs. Aamodt assumed that oral exams would be given (Footnote continued)
---n licensed operator applicants, that is, individuals "who never previously held a license," take a simulator exam at the Babcock and Wilcox simulator regardless of the timing of the rest of the NRC exams.
Tr. 12,194-95 (Blake).
This commitment was expressly limited to new licensed operator candidates.
Thus, the record unequivocally indicates that while Licensee's operator applicants would be tested at the simulator prior to restart, Licensee did not commit its previously licensed operators to take simulator exams if the oral exams are given after October, 1981.
Nor is Licensee aware of any representation by the Staff that Item I.A.3.1 of NUREG-0737, which on its face applies to applicants, would be imposed on previously licensed TMI-l operators if the NRC examination process is not completed prior to October 1, 1981.
Finally, Mrs. Aamodt advocates the need for simulator examinations in her proposed findings.
See Intervenor Aamodt's Reply Findings to Staff and Licensee Findings on Management Issues, Principally Training, June 29, 1981, at Findings 59, 60b, 60d, pp. 24-25.
Thus, the necessity for this additional restart requirement is already before the Board.
Mrs. Aamodt l
l 1s only repeating herself here when she requests relief pre-viously sought without offering any new factual basis for the need for this relief.
l l
(Footnote cont'd.)
l at the simulator.
See Tr. 22,190-191 (Aamodt, Swanson).
See also Intervenor Aamodt Management Findings from the Late-Entered l
Licensee Exhibits 56 and 59 (Commonwealth-Licensee Agreements),
July 20, 1981, at Finding 39, pp. 14-15.
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4 For the reasons enumerated above, Licensee requests that the Board deny Mrs. Aamodt's motion.
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE
$ $>A.
George F.
Trowbridge Ernest L.
Blake, Jr.
Deborah B.
Bauser Counsel for Licensee 1800 M Street, N.W.
Washington, D.C.
20036 (202) 822-1000 Dated:
August 19, 1981 i
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LIC 8/19/81 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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METROPOLITAN EDISON COMPANY
)
Docket No. 50-289
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(Restart)
(Three Mile Island Nuclear
)
Station, Unit No. 1)
)
CElTIFICATE OF SERVICE I hereby certify that copies of the foregoing " Licensee's Answer to Aamodt Motion for NRC Oral Licensing Examinations of TMI-l Operators to be Given at the B Simulator as Required October, 1981 Forward" were served this 19th day of August, 1981 by deposit in the U.S. mail, first class, postage prepaid, to the parties identified on the attached Service List.
h M,#MS Ernest L.
Blake,~Jr.
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1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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METROPOLITAN EDISON COMPANY
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Docket No. 50-289
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(Restart)
(Three Mile Island Nuclear
)
Station, Unit No. 1)
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S_ERVICE LIST Ivan W. Smith, Esquire John A. Ievin, Esquire Chairnun Assistant Counsel Atcmic Safety and Licensing Pennsvlvania Public Utility Ccmnssion Board P.O. Lox 3265 U.S. Nuclear Regulatory Comnission Harrisburg, Pennsylvania 17120 Washington, D.C.
20555 Karin W. Carter, Esquire Dr. Walter H. Jordan Robert Adler, Esquire Atcmic Safety and Licensing Assistant Attorney General Board Panel 505 Executive House 881 West Outer Drive P.O. Box 2357 Oak Ridge, Tennessee 37830 Harrisburg, Pen g lvania 17120 Dr. Linda W. Little John E. Minnich Atcmic Safety and Licensing Chairman, Dauphin Cbunty Board Board Panel of Ccmnissioners 5000 Hermitage Drive Dauphin County Courthouse Raleigh, North Carolina 27612 Front and Market Streets Harrisburg, Penrtsylvania 17101 James R. Tourtellotte, Esquire Office of the Executive Iegal Director Walter W. Cohen, Esquire U.S. Nuclear Regulatory Ccx: mission Consumer Advocate Washington, D.C.
20555 Office of Consumer Advocate 1425 Strawterry Square Docketing and Service Section Harrisburg, Pennsylvania 17127 Office of the Secretary U.S. Nuclear Regulatorf Cbnmission Washington, D.C.
20555 I
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~2-Jordan D. Cunningham, Esquire Pobert Q. Pollard 2320 tbrth Second Street 609 m ntpelier Street Harrisburg, Pennsylvania 17110 Baltmore, Maryland 21218 Ms. Iouise Bradford Chauncey Kepford
'IMI ALERT Judith H. Johnsrud 315 Peffer Street Environmental Coalition on Nuclear Power darrisburg, Pennsylvania 17102 433 Orlando Avenue State College, Pennsylvania 16801 Ellyn R. Weiss, Esquire Hanton & Weiss Marvin I. Iewis 1725 Eye Street, N.W., Suite 506 6504 Bradford Terrace Washington, D.C.
20006 Philadelphia, Pennsylvania 19149 Steven C. Sholly Marjorie M. Arrdt Union of Concerned Scientists R. D. 5 1725 Eye Street, N.W., Suite 601 Coatesville, Pennsylvania 19320 Washington, D.C.
20006 Thomas J. Germine, Esquire Gail Bradford Deputy Attorney General ANGRY Division of Law - Room 316 245 test Philadelphia Street 1100 Raymond Boulevard York, Pennsylvania 17404 Newark, New Jersey 07102 Will'iam S. Jordan, III, Esquire Harmon & Weiss 1725 Eye Street, N.W., Suite 506 Washington, D.C.
20006
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