ML20031B178
| ML20031B178 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 09/24/1981 |
| From: | Silver H Office of Nuclear Reactor Regulation |
| To: | Novak T Office of Nuclear Reactor Regulation |
| References | |
| NUDOCS 8109300442 | |
| Download: ML20031B178 (7) | |
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G Docket No. 50-239 Memo File HSilver V)h' g[y \\"[
JStolz HEIDRATIDUM FOR: Thomas ti. Hovak, Assistant Director.for Operating Reactors, Division of Licensing THRU:
John F. Stolz, Chief. Operating Reactors Branch f4 FROM:-
Harley Silver, Sr. Project Manager, Operating Reactors Branch #4
SUBJECT:
THI-1 REC 0flVENED llEARIf!G - CHEATIllG l'ATTER Dan Swanson and I met with representatives of the licensee, the State, the Aamodts, and TifIA on September 21, 1981 at the direction of the Board to discuss issues to be heard in the reconvened hearing on the cheatig matter.
ANGRY appeared briefly but did not participate; no other intervenors attended.
After an extended day of discussion, the.cnclosed Statement of Issues for Roopened llearing resulted. This document is not yet finalized completely, but the agreed issues are expected to change little if at all. The addi-tional issues and the staff and Intervenor evidence will probably change considerably.
A fornal prehearing conference is scheduled for October.2,1931 in Harrisburg to define the issues and other matters.
It is expected that the agreed issues in the enclosure will be accepted by the Board. The additional issues are subject to argument and their inclusion depends on the Boards decision. The subsequent schedule for discovery and preparation of testinony is expected to be very tight, so IE and DilFS are requested to begin planning the prepara-tion of testimony on the agreed issues.. Pmlin:inary discovery requests have already been relayed to Paul Collins; many more to all concerned will surely follow.
Original signed DY llarley Silver, Sr. Project Manager Operating Reactors Branch f4 Division of Licensing cc:
IIDenton DThompson ECase SHanauer DEisenhut JJCura.. igs s
DSwanson I
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SEPTEMBER 2 4 W Docket No. 50-289 MEMORANDUM FOR.
Thomas M. Novak, Assistant Director for Operating Reactors, Division of Licensing THRU:
John F. Stolz, Chief, Operating Reactors Branch #4 FROM:
Harley Silver, Sr. Project Manager, Operating Reactors Branch #4
SUBJECT:
TMI-l RECONVENED HEARING - CHEATING MATTER Dan Swanson and I met with representatives of the licensee, the State, the Aamodts, and TMIA on September 21, 1981 at the direction of the Board to discuss issues to be heard in the reconvened hearing on the cheating matter.
ANGRY appeared briefly but did not participate; no other intervenors attended.
After an extended dav of discussion, the enclosed Statement of Issues for Reopened Hearing resulted.
This docurrent is not yet finalized completely, but the agreed issues are expected ta change little if at all. The addi-tional issues and the staff and Intervenor evidence will probably change considerably.
A forr.ul preher -ing.onterence is scheduled for Octobc-2,1981 in Harrisburg to cefir.: tie issues ano othe. re* m.
It is expecN that the agreed issues in tne enciosure will be acceptea cy the Board.
Tne Nditional issues are subject to argument and their inclusiot, depends on tr e Boards decision.
The subsequent scnedule for discovery and preparation of testimony is expected to b,e very tight, so IE and DHFS are requested to begin planning the prepara-tion of testimony on the agreed issues.
Prelimina y discovery requests have already been relayed to Paul Collins; many more to all concerned will surely follow.
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//h5 H'arley Ster, Sr. Project Manager Operati g Reactors Branch #4 Divisio f Licensing cc:
HDenton DThompson ECase SHanauer DEisenhut JJCummings DSwanson 4
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_ STATEMENT OF. ISSUEC ' FOR REOPENED HEANNG
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PROPOSED BY LICENSEE, THE NRC STAFF, x,
THE _COMMONk'EALTH OF PENNSYLVANIA, THE AAMODTS _ AND TMIA J A.
Scope of Issues The broad issue to be heard,in the reopened proceeding is the offeet j
of the information on cheating in the NRC April examination on.the management issues considered or lef t open in the Partial-Initial Decision, recognizing i'
that,. depending on th'e facts, the possible nexus of the cheating incident in the NRC examinations goes beyond the cheating by two particular individuals and may involve the issues of Licensee's management integrity, the quality of its operating personnel, its ability to staff the facility adequately, its training 1
and testing program, and the NRC process by which the operators would be tested and licensed.
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Consistent with this broad issue the parties proposing this Statement of h.ues agree that the iscues to be heard ir this prcc(-,!!ng rhould include:
1.
The extent of cheating by TMI-l operator license candidates on the NRC license examinations in April, 1981, and the following Cempany examinations:
Kell: examinations (including Category T) in April, 19S0, l
Category T make-up examinations subsequently administered 1
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by the Company, and the ATTS mock examinations in early I\\
April, 1981.
I 2.
The adequacy of the Staff's investigation of, and NRC response
.g to, the cheating incident and rumors of cheating in the April, 1981, NRC examinations.
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The adequacy of Licensee's investigation of, and Licensee's response to, cheating or possible cheating in the Company administered examinations listed in Issue (1) above.
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The adequacy of Licensee's response to the discovery of cheating and rumors of cheating in the NRC April, 1981 examinations, 5.
The extent of Licensee management knowledge of, encouragement g
i ed of and/or involvement in cheating in the above mention NRC and Company examinations.
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The existence and extent of Licensee management involvement in cheating as alleged by the Aamodts in Paragraph 7 in response to the Board's Order of August,20, 1981.
e 7.
The existence and extent of Licensee m nagement cccatraints on t i.e ' nc a ce: t iu t ien of chea t ing c.d n.: 0: s o f t '.. e a t i n g in the NRC April, 1981, examinations.
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The adequacy of Licenste mana;;er-n t response to the incident in July, 1979, referred to in the 16E ir.vestigation report ad it colvin,one of the two opt tors tc: ' n i' ed a result of cheating on the NRC April, 1981 exaninations.
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The adequacy of Licensee's plans for improving the administra-tion of future Company qualificatien examinations for licensed operators and candidates for operator licenses, including the need for independent administration and grading of such examinations.
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ting operators The adequacy of the Staf f's plan for retes A: k 10.
to assure proper and monitoring its iRC examinations i
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adherence to the NRC testing requ rem including retests, The potential frapact of 1;RC exaninations, d quacy of staf fing of M k 11.
and operator terminations on t'he a e TMI-1 operations.
for certification of The suf ficiency of management criteria he ERC with respect to the kk -
12.
operator license candidates t o t integrity of such candidM es.
l issues:
'The Aamodts and TMIA propose the following additiona iRC licensed The extent of cheating by TMI-2 operators on tors involved in the
'13.
operator examinations and the TMI opera '
.y 1979 incident.
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of cheating by 14.
The extent he TMI-2 accident.
adninistered tests given since t ruining rade to the cheating inadequate Ine cent.ribution that 15.
incident.
certification of criti-ia fv
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Nat The suf ficier.cy oi manag:
to the 16.
- RC witn respect to the operator licenre candidates d
s integrity and competency of such candi ate.
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e The following exampics contain Licensee's ninimum commitment with respt et to its presentation of evidence on the following issues:
to the Company examinations Issues 1 and 3:
With respect Licensee will describe its investigations of possible cheating the results thereof, and its response on such examinations, thereto:
Licensee will testify as to actions taken by Licensee Issue 4:
to the two individuals found to have management with respect cheated on the NRC April,1981 examinations.
Licensee will also testify as to management's first knowledge follow-up on, rumors of cheating on the NRC of', and subsequent examinations.
of Licensee Licensee will testify as to the Ext +nt Irsue 5:
in of and/or involve.ent t
't 7e of onceirr;,erent cheating in the ref erenced I;RC and Conpany ent.r.inat ions.
Licensee will respond as appropriate to evidence Issue 6:
presented by the Aamodts on this icsue, to its conduct during the i r,.m e J :
1icensee will testify as
- RC investigation.
t est imony describing the July, Issue _S_:
Licensee will present thereto.
1979 incident and Licensee management's response its plans for the administra-Licensee will testify as to Issue 9:_
tion of f uture Company qualification examinations.
a management witness to reconfirm Issue 11: Licensee will present i
its cemmitments on control room staf fing as a condition of operat on.
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The following exa'mpics contain the NRC Staf f's minimum commitment 1.*-
with respect to its presentation of evidence on the following issues:
Issues 1 and 2:
With respect to the NRC examination the NRC Staf f will describe its investigations of cheating an.l rumors of cheating in such examinations, the results thereof, and NRC's response thereto.
Isruc 10:
The NRC Staf f will testify as to its plan for re-testing and monitoring its examinaticns.
The following are exampics of testimony which the Aamodts and TMIA will present on the following issues:
Issue 6:
The Aamodts will present one or more witnesses to testify to management's involvement in cheating of personnel on a test given, at TMI-l since the TMI-2 accident.
~.2 Issue 13:
TMIA will present docunent.< ry evidence of.anagement i:. c b. t at.4nd c;u ra: cr chc a t i ng in e
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