ML20053F023
| ML20053F023 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 06/08/1982 |
| From: | Gotchy R NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | METROPOLITAN EDISON CO., NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| References | |
| NUDOCS 8206100317 | |
| Download: ML20053F023 (6) | |
Text
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
pn ** ~m UNITED STATES
,',o, g,,
j NUCLEAR REGULATORY COMMISSION D
j ATOMIC SAFETY AND LICENSING APPEAL PANEL D
%,,,,, p[
SERVED JUN 091983 WASHINGTOfJ, D.C. 20555 June 8, 1982
- ?
37, L
MEMORANDUM FOR:
All Parties PROM:
Dr. Reginald L.
Gotchy, Administrative Judge Three Mile Island-1 Restart Proceeding RE:
METROPOLITAN EDISON COMPANY (Three Mile Island Nuclear Station, Unit 1) Docket No. 50-289 (Restart)
Recusal of Dr. Reginald L.
Gotchy From Aamodt Emergency Planning Appeal As a member of the Appeal Board assigned to hear appeals of the Atomic Safety and Licensing Board's December 14, 1981 Partial Initial Decision (PID 13589-2028) I have been deeply involved in reviewing the emergency planning phase of this case.
I began my review several months ago, before receiving the parties' appellate briefs.
The emergency planning issues to be resolved on appeal involve the following broad topics:
Party Subject of Appeal Commonvaalth of Dosimetry for Emergency Workers Pennsylvania Licensee Activation of Licensees Emergency Operations Facility Aamodts
- 1. Emergency Plans for Farmers 2.
Ingestion Exposure Pathway 3.
Information Transmittal 4.
Public Education f
l 8206100317 820600 I
PDR ADOCK 05000289 O
2 Some of the emergency planning appeals are related to a contention originally framed by Intervenor Environmental Coalition on Nuclear Power (ECNP) and designated as EP-ll.
1!
As the Licensing Board noted (PID 11712), ECNP filed no proposed findings on this contention and was in default.
However, it was pursued by Intervenor Aamodts throughout the hearing and was considerably broadened by testimony (written and oral) to include related areas of concern.
Major testimony was presented by Dr. Bruce Molholt (for Intervenor), Dr. George Tokuhata (for the Commonwealth) and Mr. Harold Peterson (for the NRC staff).
One of Dr. Molholt's statements'in support of the contention concerned activities associated with the accident at TMI-2.
In particular, Dr. Molholt testified that following the TMI-2 accident, there was a significant increase in the number of cases of neonatal hypothyroidism and infant mortality, suggesting the possibility that conventional environmental monitoring activities had failed
_1/
EP-ll states:
The BRP plan (Appendix 8) relies on the infant thyroid dose (1.5 rem) as the dose from milk ingestion to be avoided (p. IX-4).
This does not take into account the fetus, whose sensitivity may greatly exceed that of the infant.
In addition, the value of 1.5 rem to the thyroid from milk ingestion does not take into account the inhalation exposure.
PID 11712.
3 to detect the presence of significant levels of environmental radiciodine (I-131).
At this point in my review, I realized that I must recuse myself from judging this issue.
My decision has nothing to do with my ability to fairly and impartially decide this case.
Rather, it stems from my understanding of the extreme sensitivity of the public to the appearance of prejudgment if I were to have a hand in the decision of this issue.
The reasons for my concern, which I voluntarily disclose, have to do with my activities as a member of the NRC staff subsequent to the March, 1979 accident at TMI-2.
My responsibilities in connection with that event were as follows:
1.
Ten days after the accident, I established and directed a public whole body counting program in the Middletown area.
Approximately 750 residents (most of whom lived within three miles of TMI-2) received sensitive whole body scans (including their thyroids).
The results of that program are documented in NUREG-0636, "The Public Whole Body Counting Program Following the Three Mile Island Accident,"
(December 1980), of which I am principal co-author.
2.
In the months following the accident, I was asked by the Pediatric Department of Harrisburg Hospital to present information on potential radiobiological impacts of the TMI-2 accident on pregnant mothers, their unborn children, and on infants and older children.
I provided
4 this information to over 100 interested physicians at a seminar in early May, 1979.
Subsequently, I made similar presentations to other professional groups on this and related subjects.
3.
Subsequent to the accident, I evaluated certain claims publicized in the media that there was a large increase in neonatal hypothyroidism and infant and fetal mortality following the accident.
In the course of my search for data, I contacted Dr. George Tokuhata, Director of the Commonwealth Bureau of Health Research (Department of Public Health).
I reviewed both the preliminary Commonwealth data and independent information from Harrisburg Hospital.
I then reported my conclusions to my superiors for use in responding to inquiries from several sources, both within and outside the agency. To my knowledge, my analyses were not relied on or used by any party to this proceeding.
Because of my interest in reducing to a minimum any further delays in reaching a fair and prompt final decision on the emergency planning issues before us, the decision to recuse myself from all aspects of the Aamodt appeal, even those which have no nexus to my past activities associated with the TMI-2 accident, was made with considerable reluctance.
My reasoning follows.
5 This case, which is now only two weeks from oral argument, has required my detailed review and comprehension of thousands of pages of complex testimony and exhibits.
My recusal from decisionmaking responsibilities related to the remaining emergency planning issues means that a new Appeal Board member will have to spend considerable time, as I did, to reach my current level of understanding of these issues.
Moreover, by reason of my education as a radiation biologist and my experience as a health physicist and environmental scientist, I am the best qualified technical member of the Appeal Panel to comprehend and deal with the complexities of many of the remaining Aamodt issues, particularly radiation protection for farmers and livestock, and the adequacy of public information programs with respect to radiation.
To recuse myself on these issues is to deny all parties and the Commission the benefit of my particular expertise in deciding this appeal.
Nevertheless, I recognize that because of the special nature of this case, I must scrupulously avoid any implication of prejudgment on TMI-2 accident-related issues in controversy.
Such implications could bring the 4
6 1
undesirable result of delaying a timely Appeal Board decision on emergency planning issues of significance for the possible restart of TMI-1.
Therefore, I hereby recuse myself from any further participation in judging the Aamodts' appeal.
Fortunately for all parties, we will have th,,e expert assistance of Dr. Lawrence Quarles, a veteran technical member of the Appeal Panel, who will replace me on the Appeal Board for the Aamodt appeal.
I have every confidence that Dr. Quarles' participation will lead to minimal delays and an unquestionably fair and impartial decision on the Aamodt appeal.
4 Dr. Reginald L. Gotc Administrative Judge -
Technical ASLAP
.-