ML20038A748

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Commission Determination Releasing Portions of Transcript of Commission 810123 Meeting in Washington,Dc Re Info Flow on TMI Accident.Pp 130-207.Meeting Closed Per Exemptions 7 & 10
ML20038A748
Person / Time
Site: Crane Constellation icon.png
Issue date: 10/29/1981
From:
NRC COMMISSION (OCM)
To:
Shared Package
ML20038A746 List:
References
REF-10CFR9.7 NUDOCS 8111160368
Download: ML20038A748 (80)


Text

{{#Wiki_filter:._ ~ / k. UNITED STATES j. J NUCLEAR REGULATORY COMMISSION 0 U E WASHINGTON, D.C. 20555 9T 't, / october,A, 1981 CFFICE OF THE SECRETARY COMMISSION DETERMINATION REGARDING PUBLIC DISCLOSURE UNDER THE GOVERNMENT IN THE SUNSHINE ACT OF: 3 anscript of Continuation of Briefing on Information Flow Concerning the TMI Accident January 23, 1981, Pages 130 - 207 Pursuant to 10 CFR 9.108 (c) and 10 CFR 9.104 (a) (5), (6), (7) (c), and 110), the Commission hes determined that the attached portions of the subject transcript should be released to the public. The remaining portions of the transcript are being withheld from public disclosure pursuant to 10 CFR 9.104 as noted below: Page/Line thru Page/Line Exemptions 131/4 131/7 10 CFR 9.104 (a) (6), (7) (c) 131/22 131/23 10 CFR 9.104 (a) (6),' (7) (c) 132/22 133/1 10 CFR 9.104 (a) (6), (7) (c) 133/8 133/12 10 CFR 9.104 (a) (6), (7) (c) 135/6 135/13 10 CFR 9.104 (a) (6), (7) (c) 149/4 150/17 10 CFR 9.104 (a) (10) 161/11 164/24 10 CFR 9.104 (a) (5) 165/8 165/16 10 CFR 9.104 (a) (10) 167/24 169/11 " 10 CFR 9.104 (h) (10) ~ / / (, Semuel J. Chilk Secretary of the Commission 8111160369 811029 PDR 10CFR PT9.7 PDR

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~ ;;. .~ ~, '"s-5 . CON 11NUATION OF BRIEFING ON INFORMATION FLOW.,m,, -. - ... r .a.r , :s ~ s u- ~ 6 CONCERNING THE TMI ACCIDENT 7 8 9 Nuclear Beaulatory Concission Commisrioners' Conference Room 10 3717 E St ree t, N. 'n'. Washington, D.C. 11 Friday, January 23, 1981 12 The Ccamisrion met, c ': r c u a n t to n-tice, at 1:08 13 p.m. .~ k-14 P'PCPE: r JOH' r. 9PrtFNr, CP a _ r n.i n c' tP4> Icnritrion 15 .-.cc r.< c v., c,-4. .v,,.- s < t. 3 ,;e en:,.

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a c. . ~.. . - -.,..=. e n,. =. 6 i ~ 7 COMMISSIONER hE!IDRIE: 'I'am vagging at staff in 8 7 9 the background. 10 CHAIRMAN AHEARNE: So, okay. 11 MR. STELLO: The discussion we had yesterday 12 recognizing a number of Noblems came up, perhaps more s 13 significantly the reccanition of one of the major problems I 14 indicated I wanted to be cure that got addressed is not sc 15 much caly the issue of reporting, rut the concept of the 16 ascess ent of information that var there; to ce back and 17 look very carefully aga n at whether or net we could find a i 18 citation which would speak to the heart of this issue. 19 In doin; so I believe ve did cone up with 20 something that vould accomplirh that purpose, as well as 21 allow in light of what has been sa id yesterday, 22 i 23 ,i .;3g 24 And if the Chairman would permit me, what I would c._ 7

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l 25 propose is.to' pass out this proposal, and if I can, ve vill s. i ALCERSON REPORTING COMPANY, INC. 403 VIRGINI A A'.E.. S.W.. WASHINGTON, D.C. 20024 (202) 554-2345_.

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y . +. w '.~ '.. _~... .a 2.-._ .c. n.--- ~- ~ '. -. -actions. y- ^~ n.. a. 7 R. STELLO: There were two e nf orcement actions s 8 y esterday -- 9 CHAIREAN AHEARNE: Right. 10 MR. STELLO: -- That were proposed. Those tuo 11 enforcement actions were, one, to have a number of cita tions 12 that only spoke to the issue of not reporting; that is, the s 13 inability -- ?. 14 CHAIR AN AEEARNE: You separated them into two ..u 15 groups. 10 vh. STELLC: The inability to take the further 17 point, since we are unab2a at least at that point to really 'C find the citation that spoke to the inadequacy of obtaining 19 and anulyring information. Going back and looking further 20 as to whether that existed, I f ound some information which I 21 will get to in a moment, that is in this package. l l l 22 l 1 23 1* O 24 ) cd I 25 l l i ~ l 1 l ALDER $oN REPORTING CCMPANY. INC. 400 VIRGINIA AVE S.W., WASHINGTON. D.C. 20024 C32) 554-2345

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For'those two items,Jyes. -.There were. s .+ c 'e +..,.. ,,n v w~ . ~ ~. - .. ~ ..--v w n.., . 5. r her items.that we talked about. ,,._.some ot .r m. .,._.a.. s:c a

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8 !R. STELLO: 9 10 11 12 13 CHAIREAN AHEARNE Okay. .. = ". " i = 14 !R. STELLO: The concern I was tryinc to express 15 yestercay, the greater concern to me, aside fror the 16 reportinc issues, ic the need tc understand ind to evaluate 17 the information.' 18 I vent back in light Cf the discussion we had 19 yesterday and concerns and cc: cents that were beinc raised 20 here to look harder and deeper as to whethe r or not we could 21 not in fact speak to this issue ra ther directly. I thi'nk we 22 have found a way. 23 I also convened the task force group to present to e 24 them what I thought was -- this particular alternative to . -..m 25 What I had proposed yesterday to see if they were based on ALDERSON REPoATING COMPANY. INC. 400 VIRGINIA AVE.. S.W., WASHINGTON. D.C. 20024 (202) 554 2345

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n ..,, y g,. ~.:. T the repo rt 1n 'agreemen t with this a p'proach. And there is 1. 2~ unanimous agreement on behalf of the task force to go in.m. s~ w ~ l' ,this direction.e s ' vell. ~ ~ ~ m- +.. ~.;.. u J. s 2 '.S.,.. ' g4', ,_Nov5 to'get to sp'ecif ically what it says,, ve,have ^ s. .y w :, > -~ = 2. . 5 added the citation which '.egins with referring to Appendix E; = 2,:. ~ 6 in the regula tions,_and s pecifically A. cays t h a t...". T.h e r e 7 shall be an organiz.ation.for coping with ra diation 8 emergencies in which specific authorities, responsibilities, 9 and duties are defined and assigned." 10 Section 6.8.1 announces a requirement that written 11 procedures be established, implemented, and maintained 12 covering emergency plant information. The plant itself, 13 Three Y.ile Island, ender the re spo n sibili ti es and duties, ($' 14 and it defiaes responsibilities of plant personnel assigned 15 to emergency cperation. 16 Tho ntation r u p e r i n t.- n d e n t, assistant station 17

uper in tend en t, shift rupervisor, specifically identified as 18 having the responsibility to obtain th e necessary 19 inforr.ation to proporly evauate this situation.

20 It hr s cont general language that rrecedes this 21 which indicates it would co to the control room among some 22 other duties. This is one of the duties enumerated. 23 The exanples that were being ured yesterday to (':! 2 24 deal with the reporting issue ate essentially the examples

.r 25 that are drawn upon to demonstrate non -conf orma nce to that ALDERSON REPCRTING COMPANY, INO, 4t 0 VIRC iNi A AVE. S W., W ASH:NGTON. D C. 20024 (202) 554-2345

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..n v- ~ ~ 1 particular requirement. a ? 2 , Then've go on in'the citation to also indicate _3 that in particular there we re mat.+.ers which ver'e no t p2 ....n :.. . w.. .. ~.,. -m<.-... e.. T ~4 properly, reported'and d ra ving essentially on th'e.same ' 5 examples.

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6 7 8 9 10 11 12 13 14 CHAIEMAS AHEA?NE: Scv, the actual enforcement 15 action would be -- 16 n?, STE ;0: A, e t i c e. ei v1:13tien, 17 CHAIEMAN AHEAENE: ?. i s tould be the notice of 18 violation. 19 MR. STELLO: That would -- it needs to be -- i t 20 would contair this infernation. It needs to be put in the 21 form of -- 22 COtMISSIONER GI LINS KY : Is this substantially it? 23 MR. STELLO: S ub s ta n tia lly. M,. 24 CO EISSIONER GILINSKY: _About this~long? v;,;e> 25 MR. STJLLO: About this long, and it would have ALDERSCN REPORTING COMPANY,INO, 400 V;RGINI A AVE., S%., WASHINGTON. D.C. 20024 (2C2) 554 2345

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.~. . ;g 4 2 transm'.t"this dackage, it' would' also be' my ~intentf to ' clarify ~ * - z, y,. q. 743 ' t: / &3. the task force.and to put wz . >, - a v,.: + a;~,.m y ~ a tlia t int d'"th e - le tte r,nr. the views of q.:9;; g.. .e -w... w ..v -.x-f -.3 7-(~.n .y 4 ~ ,y, hese particula r, issues, and,,; JE t h'eir '. views - with 'Ses'pect l'@.'Cl.;~;.(. :T _ h-to.t .:.~. .J - -.=q: _. :.. .g + Q.yq- 'w ; q .l T *. L. -.5 the y - are.in - a'creemen t' with. th"em. And.I would use7that & se ~ 4 .-.v. .-w. ~- ~.. ',,:. m -. ...,-,v_ .n c 6

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n - a ^ Mt".~ ge 7. CHAIRMAN AHEARNE: As opposed to what'you have out. t ~ ' 8 MR. STELLO: As o pposed f.o tha t, yes, sir. 9 g ' CHAIRMAN AHEARNE: Norm,~do you have any -- 10 MR. MOSELEY: I think -- 11 CHAIRMAN AHEARNE: This was not directly from your a 12 task force. \\ 13 MR. MOSELEY: We have not participated in drawing h-14 this up, and I think Vic accurately portrayed our feelings 15 on this. I do not have anything to add. 16 CHAIEMAN AHE ARNE: Joe, sinco you were the one who 17 was the strongest in speaking yesterday on the related 18 matter, why don't you comment? 19 COMMISSIONER HENDRIE: It seems to me that this 20 cores in a much more straichtforward way to the point that 21 you want to make and avoids some of the undesirable f ea tu res 22 of the actions previously proposed. 23 I think this is not unreasonable; indeed, they did f 24 not get their act together and get it clear when they got (g.1y-25 the block valve closed. That primary water must have been ALDERSON REPORTING COMPANY. INC, 400 VIRGIN! A AVE., S.W., WASHINGTON. D.C. 20024 (202) 554-2345

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They did not get that.in the information. organized .,., ; 4; -.. -m7 A 1., n n . : r. . n.: c 3,, :.i.y. .q5 and digested.,'If.they had, hopefully they would have kn'owi ~ - %Bt..m w.n. "iL t.-.- -~2 ~ .~ -. M., 6 what had beenigoing.on.. ~.,, ~. ~ 7 Similarly, with2 item two and item three I am not ~ there-is anothdr item or two of that ~ ~' 8 sure whether or not i i 1< 9 kind. There may be. a x 10 MR. STELLO: Th ere clea rly a re. These are only 11 examples. 4 4 12 COMMISSIONER HENDEIE: But, yes, I think the s N 13 flavor of this is a much mcre rational one, and you know, I b 14 guess if I were having my druthers, I would be inclined to 15 have stopped these endless post-mortems in search of a human 16 sacrifice a long time ago. But at least this effort taken 4 17 this way comes to some conclusions which in my view are both 18 correct in terms of the actions -- inactions of the pecple 19

n the 28th and in terms of guidance for the future.

It I a 20 does not have what seemed to me the catastrophic tone and t 21 direction of what was previoucly proposed. 22 One comment, what I suggest to you is preferably 23 delete the last commen t about the guy 1erving the site or i g 24 soften it. I point out that back when you did 0600 you have 25 a section in there about the emergency director leaving the 4 1 i ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE.. S.W., WASHINGTON. D.C. 20024 (202) 554-2345 ~

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w Lha + M ....xw I t' sit e in which you ' conclude it was not possible for the n... 2 s 2 investigation team to establish the impact that the absence n. ~ s.- _ 3 of the indi vidualYinvolved had on the course of the-n ..s* Iw., ' *y 4 accident. 1, .;; ~ ~ .o s w: 5.~ Prudent, precautionary steps were taken prior '.to ~ q; D. ~ 6 his departure. The steps taken were comparable or in excess s. .w. 7 of those that would be expected in the even t an emergency 8 director was incapacitated in some' fashion. And you have 9 two pages in 0600 which spell out that Miller re' fused to 10 leave at noon and got it postponed because he felt -- did 11 not feel he was about to leave then. 12 You say it appears that it was the decision of the 13 vice president of generation to incorporate outside plant f.. r' 14 management in that meeting as a consecuence of that 15 decision, and at sore time prior to the r.ee ti ng the 16 suparintendent for technical 'upport was directed to start 17 collecting materials and so on. 18 Frior to leaving for th e meeting the sta tion 19 manager took the following actions: reviewed plant status 20 to determine if conditions were stable. The station r.anager 21 stated he sould not have left fcr the r.eeting if that were 22 not the case. Orde red the Unit 1 operation supervisor to 23 maintain the status quo with regard to reactor conditions 24 and appointed the Unit 2 supervisor ar acting director; 25 informed the Unit 1 superintendent where he was coing; was ALDERSCN REPORTING COMPANY,INC, 400 VIRG;N!A AVE., S W., WASHINGTON, D.C. 20v24 (202) 554-2345

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, inf ormation.and, anal'yzing i.-t.. ' ~ .% ;,4;q ' Is 7 :m .g u. -e e.; t. 5 MR.STEI.LO : Where we would put i_t is probably.... _ ,m . _ ~.,. ...n.- x .+ 6 ~,... - . ~ _.,. - right a t. the.first.page, right before_the word " contrary." ' ^ 7 Just add the other cita tion and then change the language on 8 reporting. ~ 9 COMKISSIONER GILINSKY: Well, in any case, in the 10. middle of page 9 you talk about the failures to -- 11 MR. STELLO: Re.po rt ? 12 COMMISSIONER GILINSKY: Gather and aSalyze x 13 information. You say this iesulted in the failure to =: 14 communicate significant failure -- significance of the 15 information. That certainly was an important element of it. 16 Rut even in the report of the investigative group, 17 it was a conclusion that they were not fully forthcoming 18 even un the basis of what they knew. So it seems to me that 19 one has to go back to the point of them not having 20 communicated sufficiently to of fsite authorities their own 21 assessnent of the situation or their own concern. 22 CHAIRMAN AHEARNE: " Fully forthconing" was respect L3 to the Commonwealth of Pennsylvania. . =d 24 COMMISSIONER GILINSKY: Even with respect to th e

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,.s - 1..' ? ' ( '*. '141- ~ ,;...ra 1 respect to both. 's% ' + ,g: 2 CHAIRMAN AHEARNE: I was~ just poi n tin'g out that my 3 .that was what tiie report said. 4.. 7', + COMMISSIONER HENDRIE: Doesn't it a pply 'to 'tha t - 3,. ^~ . +. 5 meeting with the Lieutenant Governor rather,than all..- contacts?' 6 7 COMMISSIONER GILINSKY: In one wa y or another they 8 were not fully forthcoming, so that the civil authorities 9 could not provide for public proteccion on the basis of 10 -accurate information. 11 COMMISSIONER BRADF0ED: You could not very well 12 conclude you did not believe they were forthcoming if they 13 had told Dornsife at 9:00 everything that he possibly = 14 wanted, even if they did communicate at all to Scranton at 15 3:00. 16 MR. MOSELEY: In fact, the y did tell Dornsife 17 quite a lot of operational in f o rm a tion. 18 COMMISSIONER BR ADFOPD: 'W h y do you say they 19 weren't forthcoming? 20 MR. MOSELEY: It is really for the entire day. I 21 think the time period around 11:00, 11:30. 22 COMMISSIONER BRADFORD: Between 9:00 and 2:00 they 23 learned more which they did not tell the state. 24 COMMISSIONER GILINSKY: Yes. On that point I gg w-25 think the document needs to be added to. ALDERSON REPORT NG COMPANY,INC, 400 VIRGINIA AVE., S W., WASH!NGTON, D.C. 20024 (202) 554-2345

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. p.J.M,ih - x n.g .q 2 Av 1 the report. You say - you are talking about.possiblev .. y. '- eA - t e.i "'^ 2, cit ations. ' ' You' sayT " A belief that' fuel ~ damage had occurred -u ^ D@..^ -3 was reported early in the morning."- By whom and to whoniwas. .:,e c. .x +;c . a o 7. ey7 .<m ...]4 - that?- f-4L(# . J._,.f },_ .g.__., t _ 1. ~ ~,t- , _ d,_ y ' 7 MR.1MOSELEY: That was -- it was to th e regional ~" - p; .m... 5.'.._.,... - ....w w. .t. 6 office. During that period of time they were talking to ht 7 Region I. was very early on. A belief that there was 8 some damage to the fuel was reported, was known by the 9 Region I people, and we knew it 'down here at headquarters. 10 COMMISSIONER HENDRIE: Well, you keep saying 11 things like they must have known this or they must have l 12 thought that. Even as I say it,'while I recognize that 13 nobody -- that is not necessarily true, but it is hard to fqu... ~.. M 14 see the activities, the radiation readings tha t they were 15 picking up from, you know, like 6: 40 on and steadily 16 monitoring and not como very ra pidly to the conclusion tha t 17 you had had -- there was no way you could get that without 18 per fo ra ting some fuel cladding and getting at least gap 19 activity out. I do not think a single rod burst would have 20' nearly done it. 21 So if they understood the plant in elemental ways, 22 why, assorted of them must have come to the conclusion that 23 they had some kind of f uel dama ge. But that does not mean 24' 'that'they would necessarily have to have in their minds .g 25 metal-water reaction level damage, because these rods can ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554-2345

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3 25 Edison to NBC Region I was made by Ronald k'arrea of Met Ed.

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DI) -to make tha t point very clear. 4 MR. STELLO: The' circular? 5 CHAIBMAN AHEARNE: Or when you send the letter -, +, ~~ 6 with the cita tion, because the descriptions that you have 7 given of confusion and such, as you well know, clearly are 8 also the same descriptions of what'was coing on out in 9 Bethesde.. 10 The very significant difference is -- 11 MR. STELLO: Much more so. 12 CHAIRMAN AHEARNE: Those people really have the 13 responsibility for handling that emergency, both in plants 14 in the future, the licensees will, and plan ts that the 15 licensee did. And so when people come back and say hey, ycu 16 cuys, how come ycu a r.- throwina a rock at ther recause they 17 did not do any better thar. you did, the situation is that 18 they have a nucn higher responsibility. 19 MR. STELLO: Yes. 20 COMY.ISS10 NEE BFADF0ED: It i '- note than that. 21 COMMISSIONER HENDRIE: It is more than that. No 22 matter how badly we foul up, they are expected to carry out 23 responsible management. gj; 24 CHAIRMAN AHEARNE: i Jould 1*ke to make sure that a.. 25 the letter that goes out maker it obvious that we are trying ALDERSO?4 REPORTING COMPANY, INC. ) 400 VIRGINI A AVE S.W., WASHINGTON. D.C. 20024 (202) 554-2345

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.v ~>. c z ,g< N g. y .% 351 d 4, /- ~ ? Vid: m- ~ e 1 what Joe said. I guest I am neutral on putting'the ~ 4.- 2' informatien transfer of all those items. I still am not 3 '3, convinced tha t our rag ula tions were not sufficiently clear -s ~. _ v 4 that.when you pin down the detailed requirements that they~ ~ ~- ~ 5 should have been able to extract out the transfer. _ c' ' 6 But I think the stuff you have here is the right 7 way to approach it. And having gone back and looked at 8 0600, I found the same problem Joe did on Miller. 9 MR. STELLO: I reread that again this morning 10 before I came down, and I was well aware of it, fully, and I 11 apprecia te perhaps there is need to modify -- 12 CHAIRMAN AHEARNE: I think raising the point is 13 correct, but -- (Tih "~ 14 F. R. STELLO: We will. 15 CHAIEMAS AMEARNE: Eut with that I would -- 16

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Do you object to adding the reporting 17 req ui re men t back in as a ci ta tion ? 18 CHAIRMAN AHEARNE: I would not ha ve done it. I do 19 not object to it, depending on how it gets incorporated. I 20 think if it gets incorpcrated in such a way -- it brings 21 back the objections Joe was raising yes te rd a y -- that ! 22 would object in that I think here you have to focus on 23 during an emergency yau have to make sure that you r?3 24 understand what th e peocle are doing. They are supposed to G..:2 w 25 be well controlled in their actions. You are supposed to ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S W., WASHINGTON, D.C. 20024 (202) 554-2345

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1 examples. If he is going to do a citation he~is going to have 2 to say the citation is for not adequately providing 3 .inf ormation ; f or example, just as he pointed out here that 4 these were examples. 5 F. R. STELLO: Le t me tell you what I had in mind. 6 COMMISSIONER HENDRIE: He has "The following 7 matters were not rtoperly reported uncertainty of core 8 cooling, pressure spike." The way in which that is phrased 9 there, I do not have problems with it. 10 COM MI SSIO!" 9 GILINSKY: What is lacking i_ a 11 reference to the obligatjon to report. 12 COMMISSIO!.ER HENDRIE: Yes, just so. 13 /, CHAIRMAN AHEARNE: That I would not have any \\- 14 problon with. 15 M :.. S T ! I. LO What I was proposino is not adding 16 thosc twc citationr hack 1 12, enly the cne o r. the tech spec; 17 not having the 20.403, just the ge ne ral tech spec 18 requirements. That is the only citation. I did not intend to 19 get it as we had it yesterday. 20 CHAIRMAN AHEARNE: I ex,sct that, and I acree. 21 C0YMISSIONER FRADFORD: I will nct disagree. With 22 regard to the 20.403 -- 23 CHAIRMAN AHEARNE: 20.403. f.P-24 (i,= CCMF.ISSION ER' ER ADFO RD. -- I will not urge putting 25 it back in here, but I will resist the interpretation of ALDERSON AEPORTING COMPANY, INC, 400 VIRGINI A AVE., S.W., WASHINGTON, D.C. 20024 (202) 554-2345 ~*

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i ? .. c,. 156 s, re ( g. o . y.. + ~ 'l -- as having it be enough to pick'up'the " incident".as being a W 2 phone and say we are having an incident and then hang up. 3 Q Clearly, the reporting of an incident has got to m. 4 be sufficient to give the Commission an adequate appraisal of 5 what tha t incident is. The absurd level is you do simply pick 6 up the phone and say we are having an incident and hang up. 7 I cannot feel that that regulation would be 8 satisfied by that. Certainly if there is any doubt we need to 9 amend the regulation forthwith. 10 hR. BICKWIT: In effect you have. 11 MB. STELLO: We have 50.72 which uses as a 12 reference 20.402. 13 MR. SHAPAP: That was modified at the same time.

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50.72. Which I think for the most 15 part, at least from here on in I would not feel we would have 16 the problem, but I chare the rane concern t ha t you havo. 17 CH AIR!' A N AHEAFNE: All richt. Now, I think as fer 18 as this particular piece then, you owe us a revision. 19 h?. STELLO: What I would propose to do is draft 20 up the whole enforcement packace includina th e letter, because 21 the letter will also modify the report, and send the whole 22 package down to the Commission. 23 CHAIRMAN AHEARNE: Okay. Now, I think we have 24 some -- I know I have some more questions on the other thing. 25 1s that an appropriate step? Do you have any problems with ALDERSON REPORTING COMPANY,INC, 400 VIRGtNIA AVE, S.W., WASHINGTON. D.C. 20024 (202) 554 2345 l %s m. T 1

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COMMISSIONER GILINSKY: Only that, fit ought to be 2 ^ ~ m 3 done. .c. g ,. g, "~ ^ 4 CHAIRMAN.AHEARNE: Forthwith? 'l 5 COMMISSIONER GILINSKY: Fo r t h w'i th. ~..h f ' ~/ 6 MR. BICKWIT Are you now planning to move off the. 7 notice of viola tion ? 8 CHAIRMAN AHEARNE: Yes. 9 MR. BICKWIT It is really the point I made 10 yesterday, that ordinarily when ICE comes up here, they 11 distinguish the notice of violation from the notice of an 12 intent to iLpose a civil penalty; and the first is considered 13 a lesser violation than the second. If you do not -- one, it ...M 3# 14 may be your view or the Commission's view that what is being 15 cited here is lesser. If that is not the case, I think you 16 oucht to indicate in scoe way in the notice of violaticn that 17 tha t is not the case. 18 Time and time again you have come up here, and you 19 have said there are two things I could do. I could go with a 20 notice of violation, or I could go with a notice of intent to l 21 impose civil penalties. And the first I re g a rd as a lesser 22 action than the second. 23 CHAIRMAN AHEARNE: What Len is saying, by not sa 24 ,,utting in a dollar amount and by not even talking about D 25 putting in a dollar amount, you could leave the impression f; l 1 - ALDERSoN REPORTING COMPANY,INC, 400 VIRGINI A AVE., S.W., WASHINGTON. D.C. 20024 (202) 554-2345 t s -, fx *_.. mg e_'-. 1 w

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satisfactory ex pla n a ti on. g-MR.'STELLO: I do not intend to ask.. them to 3 g, provide to us their corrective action, to require to it... w 4 Should they choose'to want'to respond, of course they can. 5 But in terms of requiring the response, I believe that t'here 6 ought not to be -- there are several ways in the Commission in 7 terms of corrective action that the issue is being dealt with. 8 MR. BICKWIT: As far as their answer to the 9 charge, I do not see why there should be any difference. 10 COMMISSIONER GILINSKY: Does corrective action 11 apply to Unit 2 only, or is this across the boa rd? 12 MR. STELLO: It would be across the board. 13 COMMISSIOS ER BE ADFO RD: The fact is it is bound to L.... ~ ~ ' 14 come up in a proceeding we cannot talk about, but onca this is 15 out and once you have sen t it to that Licensing Foard, clearly 16 they are coin 7 to have to respond to it. 17 Cli;IR Y Ali A llE A E N E: Ordinarily -- that is a good 18 question. Let's take another place, say Erowns Fctry, and 19 let's suppose that it was one of the units where you ran into 20 those kinds of problems, and you issued a notice of 21 violation. Would you expect that the corrective action would 22 have to be shown for all the units or just the unit against 23 whom you issue the corrective action? 24 MR. STELLO Wh y do you pick th e complica ted one? 25 As I recall, that one has two separate licenses. I think it ALDERSON REPORTING COMPANY. INC. 400 VIRGINIA AVE., S.W., WASHINGTON. D.C. 20024 (202) 554 2345 V

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7 25 MR. STELLO:

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~ .174' ) s s 1 ' COMMISSIONER GILINSKY: Were any of the shift '~ 2 supervisors a ware, of those numbers? y~3 MR. MOSELEY: The numbers that were taken by. 4 Jorter were discussed amonc the so-called think tank which 5 included Ross and --I just do not recall offhand. Does 6 anybody -- does anyone have that information? 7 MR. CRAIG4 (Inaudible.) 8 COMMISSIONER CILISSKY: Discussed where and when? 9 MR. MOSELEY: Ross was a member of the think tank, 10 and his reference, to my recall, was that it wa s mentioned 11 richt in the control room. He ov er h ea r d the conversation 12 between Miller and Porter. It was discussed briefly. 13 COMMISSIONER GILINSKY : You say it was discussed k 14 in th e think tank. Who would it have been discussed with? 15 Mp. MCS ELEY : The think tsnk, you recall from our 16 report, wo concluded was not cuite as f o r.m a li ze d ar it had 17 been described in one place or another. Tho meetinos, e 18 believe, may have been a croup of people. Next time it may 19 have been a different croep c-people. 20 C0% MISSION ER CILINEKY: Eut romebody -- 21 MR. MOSELEY: Ross recalled knowing of it, but he 22 did not recall the specifics of it. 23 COMMISSIONER GILINSKY: You think it may not have g.M) f 24 been discussed in the think tank. 1 25 MR. MOSELEY: He recalls knowing of it, but he did ALDERSON REPORTING COMPANY. INC. 400 VIRGINIA AVE., S.W., WASHlNGTON. D.C. 20024 (202) 554-2345

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yes, 16 ccMMIsslogEE GILIncKY:

So he recalled in effect 17 false readings in thousands of degrees. 18 MR. MOSELEY: I do not know wha t you mean b y 19 " false readingr." 20 CCMMISSIONER CILINSKY: Eeadings reported but also 21 reported to have been -- 22 MR. MOSELEY: He recalls the readings being 23 described as some high, some low, and that kind of thing. He 24 did not have a firm grasp, as m u c h' a s Miller has been quoted ) 25 many times, 2,500 degrees, zero, and those numbers. Ross was ALDERSoN REPORTING COMPANY,INC, 400 VIRGINI A AVE., S W., WASHINGTON. D C. 20024 (202) 554-2345

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..m 5.' . [ },; + p,.y yg G.g W- . w y,. ..4 ~ 177 y thatspecihic. 1 not 2 COMMIhSIONER BRADFORD: With regard to whether or f.g not it was. discounted, Miller does not ray it was discountsd. 3 4 Miller says they were plenty high enough to scare him. ~ 5 MB. MOCELEY: I hope I did not use the word' 6 "discoun t." The word tha t was used was that they w e'_ e 7 unreliable. That is my recall of what Porter's advice was to 8 Miller. Miller says that he did rely on them in that they 9 confirmed that the conditions were hot. By that he meant they 10 were confirmino the readings that they were reeing on the 11 instruments that they hooked up to the hot leg. 12 COMMISSIONER BR ADFO RD: It ir an odd sequence as I 13 understand it. You have Forter and three or four cther people 14 down there taking these m ea su re men t s,. The other four, say, 15 have all testified that they considered the measurements to 16 indicate that the core vac uncovered. Porter arparently was 17 reluc+ ant to believe this, and they say later that Po rt er just 18 did not s e e r.i to wcnt to believe it. lie alone of that group is 19 the one who then goes off a nd speaks to Miller a nd reports to 20 Miller that the readings are probably unreliahle. But the 21

r h o le rest of the group taking the neasurements seems to have 22 tec cified tha t they thought that these very high readings must 23 have indicated some degree of core uncovery.

24 MR. MOS ELEY: I'm not sure I could say the whole ^ 25 rest of them. Certainly one or more stated, and the others ALDERSON REPORTING COMPANY, INC, 400 VIRGINI A AVE., S.W., WASHINGTON, D.C. 20024 (202) 554-2345

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4 some readings of the'five or six that he got that were in' a 5 the same' range as the hot leg temperatures were being .6 measured. 7 COMMISSIONER GILINSKY: My impression is it would a .I 8 have put us into orbit. I l 9 MR. MOSELEY: Well -- I j 10 CHAIRMAN AHEARNE: It is very hard to say. i 11 COMMISSIONER BRADFORD: Well, one more piece of i 12 hindsicht on that point. Dick, when you were standing by 13 that telephone, if someone had told you the thermocouple i== 14 readings are on the order of 2500 degrees, what would that I 15 have said to you, even if they had said -- let's say they i 16 said, wo are not sure we can believe the thernccouple 17 readings, but here they are. i 18 MR. STELLO: The core was uncovered. 19 COMMISSIONER HENDRIE: But you are cursed with the 20 same thing that Porter apparently was cursed with. That is, i 21 once you think you have some reason to doubt your instrument l 22 readings, why, the fact tha t the readings are way up or way 23 down versus what would be, you know, the normal value rather i., 3 24 than just a little bit off the normal value is not, you

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f. R. STELLO That is not the only reason.

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14 containment atmosphere and the containment has been 15 prescurized and it is wet, at least you are going to raise 16 tho question as to whether the system did or did not have a 17 p ro bl e m. 18 If you had the information and you had all of 19 information that you had, I think that is more in the 20 context. The th er m oco uple readings would have said core 21 uncovery. If you now know the thermocouple readings 22 combined with the hot leg temperature readings, that says 23 , core uncovery, two indications. If you then knew what the 24 nuclear instrumentation was doing in the morning ~ of the. 25 accident, that says co re uncove ry, four indications. l ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W. WASHINGTON. D C. 20024 (202) 554-2345

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ex- ~.. .+.,. _ a d.m 1 information was intentionally withheld by TMI management' 2 from state and federal officials. 3 (At 2:56 p.m., Commissioner Bradford returned to g1 w. 4 the room.)-. ' 5-CHAIRMAN AHEARNE: That is in direct disagreement 6 with the conclusion that your report has come out with. 7 MR. STELLO: That is correct. 8 CHAIRMAN AHEARNE: But you say there was no 9 additional information here tha t leads you to at least 10 change your report? 11 MR. STELLO: No, I do not believe that the report 12 supports that conclusion. 13 CHAIRMAN AHEARNE: k'h ich report? g f.. fh=. mm-14 MR. STELLO: The report that was submitted to you 15 u nder the letter you roferred to from Congressman Udall. 16 CH AIPE A t; AHEARNEs

io w, the last -- the last 17 I 'm sorry, I did not mean to cut you off.

18 MR. STELLO: I don 't know -- 19 COMMISSIONER HENDRIE: You going to change that 20 one, too? 21 MR. STELLO: It is my understanding in the 22 discussions with Dr. Meyers that they are thinking of 23 removing completely that conclusion from th e report and are 24 now leaning in that direction. However, as you have already 25 pointed out, the letter is from Congressman Udall and they n ALDERSoN REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554-2345 l L

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..,f;i-v - ,. qs-a - .~3 p. p_w ..o y. ,El,. 4 204 ~. 1 need to reach these conclusions themselves, discuss this 2 with Congressman Udall and reach a final conclusion on that 3 matter. 4 me to indicate that he has a He has also, asked 5 personal opinion that some significant information was 6 knowingly withheld. 7 CHAIRMAN AHEARNE: Congressman Udall? 8 MR. STELLO: Henry Meyers' personal' opinion. 9 CHAIRMAN AHEARNE: I don't want to get into that. 10 It was just that you linked the "he" -- the last noun was 11 " Congressman Udall. 12 MR. STELLO: My understandino is ri gh t now they 13 are considering and leaning in the direction of dropping 5 14 that sentence. 15 CHAIEMAN AHFAENE: Th e last conclusion is: 'he 16 preponderance of the evidence indicates tha t the TMT 17 managers pr esen ted to state and federal officialr sleading 18 statements and conveyed the impression that the accident was 19 substantially less severe than the situation warranted, than 20 in fact was the case. 21 How do you feel that that conclusion fits with 22 r es pe c t to your report? 23 R. STELLO: I feel our conclusion with regard to (ca 24 information not passing on to the state is in substan tial Q?? 25 agreement. ALDERSON REPORTING COMPANY,INC, 400 VinGINI A AVE., S.W., WASHINGTON, D.C. 20024 (202) 554-2345

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,205, v 1 CHAIRMAN AHEARNE: Wi th that conclusion? ~2' MR. STELLO: With that conclusion with respect to 3 ( the state and federal officials. I have to walk away from 4 that because of the involvement NE.C had up at the site. I 6 could make a stronger conclusion. With respect to the 6 federal officials, it is far from clear to me. 7 But I think we are in substan tial agreement. 8 CHAIRMAN AHEARNE: Peter,.you were out when I 9 started the questions. I have this letter from Mr. Udall, 10 which does ask us to look at this. So I have asked -- 11 COMMISSIONER BRADFORD: You went through page 477 12 CHAIRMAN AHEARNEs I first went through the 13 questions in Mr. Udall's letter, in which he said -- Vic's 14 response was the regulations did require th e reportino. 15 Yes, the failure to report certain inforretion did 16 constitute a violation. "'h a t is what the citation is. 17 And then, after some bandyinc about, the fact 18 that, whila we could ask for the money for the NDL, we do 19 have the au thority. And then I turned to the conclusions, 20 because he asked for the connen ts on this d raf t report. And 21 since the conclusions were different than the conclusions of 22 this report, I went through them. 23 COMMISSIONER BRADFORD: I was here for the last 24 two sentences, the first on e, were you basically in -~b 25 agreement, the first sentence. ALDERSoN REPORTING COMP.WY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554-2345 i

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},0 6 -. %Q..j;. .. -+. g _e 1 2.. W 1 MR. STELLO: It is a long a n s w e r. J-~, .v, '2 CHAIRMAN AHEARNE: I think the short answer is, if 3 f he takes out the word "under. stood" he would be in m d ~. %.. ' 1' f c.c m-a ?' 4 agreement. ~. .s., 5 - 1. MR. STELLO: To my understanding, they are- '~. 6 ~ considering modifying that sentence in that way. 7 COM ISSIONER BRADFORD: all right. 8 CHAIRMAN AHEARNE: All right. Joe, anything? 9 COMMISSIONER HENDRIE: No. 10 CHAIRMAN AHEARNE: Peter, anything else? 11 COMMISSIONER BRALFORD: No. 12 CHAIRMAN AHEARNE: All right. I guess where we 13 are, then, is that, Vic, you are going to be coming back tc SIf5 mm-14 us with a writeup of the citation, the letter and so forth, 15 the notice of violation. 16 MR. STELLO: Yer. We will try very hard. I hope 17 we can also get comments ba ck very quickly, so we can take 18 the action. I would like to sa y that my proposal will be 19 not to release this report, to hold this report until the 20 enforcement package is ready and release the two together, 21 rather than having one being separate from the other. 22 CHAIRMAN AHEARNE: I think that is appropriate. 23 Okay? =- 24 COMMISSIONER BRADFORD: Yes. id .t,. 25 ' MR. STELLO: We will get to the Commissioners as l ) ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554-2345

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. ~l m u'. o , e 4- 't-7 .c-207 u: ,, s.. e l' soon as possible. 2 CHORMAN AHEARNE: Fine, thank you. 3 eira I would like to compliment th e pe ople in this (y, 4 group who p ut all this work in. I recognize the many, many 5 months and frustrations. I appreciate th e very hard work 6 tha t everyone did. 7 (Whereupon, at 3:02 p.m., the meeting was 8 adjourned.) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ALDERSON REPORTING COMPANY,INC, 400 Fr4GINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554 2345

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'. ~ - ' - - ',~;f}n - llR";" ~ ' 4, m,.:~ ~. a, Q,',.L ' ..-.e ~ v.:w.,, 7% r .c v - w ,.,- %, Jg 2 . g..o. g NUCLEAR REGUIATORY COMMISSION This is to certify that the attached proceedings before the COI*I*ISSIO:I IiEETING in the matter of: CLOSED MEETING - Continuation of Briefing on Information F. low concerning the TIiI accident Date of ProceedinE: January 23, 1981 Docket Numbert Place of Proceeding: Washinaton, D. C. were held as herein appears, and that :his is the original transcript thereof for the file of the Commission., David S. Parker Official Reporter (Typed) f C 1. ?. a w Official Reporter (Signature) 9 er G

(i((((( (I(( (((f( f(0(l k ( ('( ( ( ( (h( ((I(h( (h({ (h( ( .h4 ph / IADVANCEDCO jum 5 TRANSMITTAL TO: S Document Control Desk, 016 Phillips g-j 0012 s p~8hh, O The Public Document Ro %m U,s,m ok' pj DATE: October 29, 1981 O 4 m p Attached are the PDR copies of a Commission meetina 2= P' transcript /s/ and related meeting document /s/. are being forwarded for entry on the Daily AccessionThey and placement in the Public Document Room. b List No P other distribution is requested or required. Existing P DOS identification numbers are listed on the individual documents wherever possible, p g

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1 Determination Statement and Transcript of: Briefing on Information I' low Concerning the TMI Accident, Part 1 of 2 parts. Jan. 22. 81. (closed meeting) (1 copy) l 2. Determination Statement and Transcript of: Briefing on Information Flow Concerning the TMI Accident, -b Part 2 of 2 parts, Jan. 22. 81. (closed meeting) g (1 copy) A i 3. Determination Statement and Transcript of: Continuation of Briefing on Information Flow Concerning h f$2 the TMI Accident, Jan. 23. 81. (Closed meeting) g{ (1 copy) ja h own Office of the Secretary M l' b %= *

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