ML20072J040
| ML20072J040 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 07/09/1981 |
| From: | Harbin R METROPOLITAN EDISON CO. |
| To: | |
| References | |
| TASK-*, TASK-03, TASK-11, TASK-3, TASK-GB NUDOCS 8306290888 | |
| Download: ML20072J040 (108) | |
Text
.
sa 296 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
x GENERAL PUBLIC UTILITIES CORPORATION,
?%
JE RS EY CENTRAL POWER & LIGHT COMPANY, METROPOLITAN EDISON COMPANY and PENNSYLVANIA ELECTRIC COMPANY, Plaintiffs,
- 80 Civ. 1683
-against-(R.O.)
THE BABCOCK & WILCOX COMPANY and l
J.
RAY McDERMOTT & CO.,
INC.,
Defendants.
J
______.-________________________________x Continued deposition of RONALD STEPHEN
'v HARBIN, tak'en by Defendants, pursuant to Notice and adjournment, at the offices of Davis Polk & Wardwell, Esgs., One Chase Manhattan Plaza, New York, New York, on Thursday, July 9, 1981, at 9:50 o' clock in the forenoon, before Joseph Danyo, a Shorthand Reporter and Notary Public within and for the State of New York.
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DOYLE REPORTING. IN C.
CER MIED STENCTYPE REPCRTERS 8306290888 810709 PDR ADOCK 05000289 3 69 t.zxsN GTO N AVENUC T
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Appearance s :
3 KAYE, SCHOLER, FIERMAN, HAYS & HANDLER, ESQS.
Attorneys for Plaintiffs 4
425 Park Avenue New York, New York BY:
ANDREW MacDONALD, ESQ.,
6 of Counsel 7
8 DAVIS POLK & WARDWELL, ESQS.
9 Attorneys for Defendants One Chase Manhattan Plaza 10 New York, New York 11 BY:
PATRICIA M.
VAUGHAN, ESQ.,
f 12 of Counsel 13 14 Also Present:
15 KATHI BROWN 16 17 18 19 RONA LD
'S T E P H E N HA RB I N having 20 been previously duly sworn by a Notary Public, 21 was examined and continued to testify as l
Tu 22 follows:
l 23 EXAMINATION (continued) 24 BY MRS. VAUGHAN:
25 Q
Would you please refer to B&W Exhibit 208 l
,m,
_ ~.., _.
l 1
Harbin 298 fb) 2 again.
Thau was the exhibit we were on at the end of 3
yesterday's session.
Would you turn to attachment 4
13 which is titled " Atomic Energy Clearing House."
(
5 The date on this document is January 9,
1978.
6 Have you had an opportunity to review it?
7 A
Yes.
8 Q
Have you ever seen this document before 9
today?
10 A
I don't recall ever having seen it.
11 Q
Is this document the Atomic Energy 12 Clearing House, a document that you would have (m) x_/
13 reviewed, this kind of document, a document you 14 would have reviewed in the normal course of your job 15 responsibilities as an assistant to the Unit 1 16 superintendent?
17 A
During some period of time I reviewed a document 18 entitled Atomic Energy Clearing House.
19 Q
Is it still your testimony that you cas't 20 recall that period of time that you reviewed this kind s
s 21 of document?
N 22 A
Yes, that's correct.
' N+Ls.
~
1 23 Q
Did you review this kind of documend
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24 before the accident?
~ ~ " '
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25 A
Yes, I did.
i \\
1
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1 Harbin 299 2
Q Is this also the kind of document that 1
3 you would have forwarded to those individuals that 4
you determined would be interested in certain items
(
5 in the document?
6 MR. MacDONALD:
You are asking whether 7
he can recall forwarding this type of document?
8 MRS. VAUGHAN:
Yes.
9 A
Yes.
10 Q
You do recall having forwarded this kind
'~
11 of a document?
4 12 A
Yes.
13 Q
Do you recall any of the items that 14 appeared in this kind of document that you forwarded?
a 15 A
Yes.
16 Q'
What kind of items were they or which 17 items were they?
18 A
I don't recall any specific items.
19 Q~
'What did you mean by your answer yes?
20 A
sco'uld you read back the question to which I s.
N 21 answered-yes?-
~ '
~
22 lQuistion read by the reporter.)
3 would,like 23 A
I to change that answer to no.
(
2 Q
You don't recall any specific items?
25 A
That's correct.
1 Harbin 300 0
2 Q
Did you know before today that some of 3
the items printed in this publication, that is, 4
the Atomic Energy Clearing House, were identical in
(
5 nature to those printed in the Current Events-Power 6
Reactors?
7 A
I recall seeing descriptions of events that 8
were in a similar format and that I thought at the 9
time were reprints from events listed in Current 10 Events-Power Reactors.
11 y
Do you remember any of those specific 12 events?
7s
(_)
13 A
No, I do not.
14 Q
But you do reccll that some of them 15 were similar in format?
Is that your testimony?
16 A
I recall questioning in my mind or suspecting 17 that events listed in Current Events were duplicated 4
18 in this document.
19 Q
Did anyone ever tell you for a fact 20 that that was true?
i 21 A
Not that I recall.
(c 22 Q
Do you recall ever taking the two issues 23 and comparing the two reports to see if in fact they
(')
24 were identical?
25 A
No, I don't recall doing that.
I Harbin 301
-7m 2
Q Would you look at attachment 14.
For 3
the record, attachment 14 is a part of the July 1978 4
edition of Nuclear Power Experience, Inc., and in (j
5 particular, is a summary of the supplement, a summary 6
of the LER supplement for the Davis-Besse event, 7
September 1977.
8 Have you had an opportunity to review l
9 attachnent 14?
10 A
Yes, I have.
i 11 Q
Have you ever seen these three pages 12 before today?
s_)
13 A
No, I have not.
14 Q
Would you look at attachment 15.
15 5 is also an excerpt from Nuclear Power 16 Experience, July 1978.
It is the table of contents 17 of the July 1978 issue, 18 Have you seen these excerpts from the 19 July 1978 issue of Nuclear Power Experience before 20 today?
21 A
Not that I recall.
22 Q
Is this Nuclear Power Experience the 23 same publication that you testified to earlier n(J) 24 receiving after the accident?
25 A
For approximately-a six-month period of time
1 Harbin 302 0
2 after the accident.
3 Q
Is it also the same publication that the 4
shift technical analysts now maintain?
(
5 A
I don't know that they maintain.
I know when 6
I ceased to maintain it, the responsibility for its 7
maintenance was with the shift technical advisors.
8 Q
Would you look at attachment 17 which is 9
a copy of B&W's operating plant service bulletin 10 dated September 30, 1977.
l 11 Have you had an opportunity to review 12 this document?
13 A
Yes.
14 Q
Have you seen this document before today?
15 A
I don't recall that I have.
16 Q
Is this the kind of document that you 17 reviewed as an assistant to the Unit 1 superintendent?
18 A
Yes, for some period of time.
19 Q
Do you recall the period of time?
20 A
Since the accident and for some period of time 21 before the accident.
22 Q
In September 1977, do you recall if you 23 reviewed operating plant service bulletins from B&W7
()
24 A
No, I don't recall,
'\\_/
25
.Q Do you know for a fact that you did not
1 I
1 Harbin 303 i
i(
2 review those bulletins?
3 A
No, I do not.
4 Q
Would you look at the upper right-hand
(
5 corner on the first page.
Do you see there are 6
some initials?
7 A
Yes, I see what appear to be initials.
8 Q
Do you recognize any of those initials?
9 A
No, I do n'ot.
10 Q
RLW, do you know whose initials those are?
11 A
No, I do not.
12 Q
Do you know what it means underneath that?
(d 13 Let me ask you this :
Do you know whether under the 14 initials RLW the word is "done" or " closed"?
15 MR. MacDONALD:
Are you asking for his 16 present day sense?
17 MRS. VAUGHAN:
Yes.
18 MR. MacDONALD:
He doesn't recall ever 19 seeing the document.
You can testify as well 20 as he can as to what that word means.
21 MRS. VAUGHAN:
I am asking if he can 22 tell whether it says done or closed.
23 A
No, I cannot.
j 24 Q
Is the word "done" something that would l
25 normally appear on a document such as this to indicate l
n l
1
-1 Harbin 304
/3 U
2 that everyone had reviewed it?
3 A
I don't recall ever having seen the word done 4
on a document that would indicate anything.
(
5 Q
Do you recall ever having seen the word 6
" closed" on a document?
I A
No, I do not.
8 Q
Do you recall any word that would indicate 9
that the document had been revie'wed by the pertinent 10 individuals?
11 A
Could you repeat the question?
12 (Question read by the reporter.)
13 A
No, I do not.
14 Q
Was it your practice to put any kind of 15 a word on the documents that you forwarded to 16 signify that everyone had reviewed it?
17 A
We are referring to this document?
18-Q Referring to any document now that.you 19 would have reviewed and passed on.
20 MR. MacDONALD:
Are you asking whether 21-he got it back at the end?
22 MS. VAUGHAN:
No.
23 MR. MacDONALD:
To signify everybody O
24 reviewed it?
3%)
25 MRS. VAUGHAN:
I am asking if he ever put I
s s.
._4
1 Harbin 305
/~T D
2 any word himself on-the documents that he sent 3
forward.
4 A
No, not that I recall.
(
5 Q
Do you see at the end of that column the 6
initials B&W and then under that OPSB?
7 A
I see that area of the paper that you are 8
referring to.
9 Q
Do you see those initials?
10 MR. MacDONALD.
Are you asking him if 11 that is indeed what is on the document not 12 having written the handwriting or not having 13 seen the document?
14 MRS. VAUGHAN:
I am asking that question.
15 A
I see what appears to be B&W.
I am not sure 16 what the second set of initials are.
17 Q
Did you ever put B&W or OPSB on a service 18 bulletin that you had reviewed?
19 A
Not that I recall.
20 Q
Never?
You never recall that?
21 A
I don't recall ever having done that.
l 22 Q
Do you recall ever having seen a i
i 23 document with those letters on it, seen a service
.( )
I 24.
bulletin with those letters.on it?
25 A
No.
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1 Harbin 306 2
Q Do you know whether that would signify 3
a file of some kind into which this was to go?
4 A
No, I do not.
(
5 Q
Do you know whether in 1977 there was 6
a file marked B&W into which these bulletins went?
7 A
No, I do not.
8 Q
Do you know whether there was a file 9
marked OPSB or operating plant service bulletin into 10 which these bulletins went in 19777 11 A
To my knowledge, there was not.
O 12 -
Q Do you know if there ever was a file hi
's
/
13 marked B&W or OPSB into which these bulletins went?
14 A
To my knowledge, there_was not, 15 Q
Did you maintain a file of the operating 16 plant service bulletins received?
17 A
Durind what period of time?
18 Q
Any period of time.
l t
19 A
I don't know.
20 Q
You don't know if you ever maintained 21 a file?
22 A
I don't know -- I maintain a file of reports 23 that are issued weekly by B&W that look very similar
)
24 in nature to this report, but I don't recall that
'uj -
25 the title of that report is operating plant service i
1 Harbin 307 g
2 bulletin.
3 Q
Do you have any reason to doubt that the 4
title of the report that looks similar to this is 5
operating plant service bulletin?
6 A
could you repeat that?
7.
(Question read by the reporter.)
8 MR. MacDONALD:
He said he doesn't recall 9
what the title is.
Are you asking whether it 10 is possible?
11 MRS. VAUGHAN:
I am asking if he has any 12 reason to doubt the same.
13 A
could you excuse me for a minute?
~
J 14 (Off the record discussion between the 15 witness and his counsel.)
16 A
Yes, I do.
17 Q
You have a reason to doubt.
What is 18 that reason?
19 MR. MacDONALD:
I think it has to do 20 with preparation for deposition with counsel.
21 MRS. VAUGHAN:
What does that have to do 22 with whether or not the documents that you 23 maintain are these documents?
-[ /l 24 MR. MacDONALD:
Because it may have been sm l.
25 during preparation for deposition and attorneys
1 Harbin 308
/ ^(
i 2
were present is when a time he may have looked 3
at a document he thought was from that file, 4
and that is where his recollection is that
(
5 he doubts that the titles are exactly the same.
6 I don't want to delve into what was 7
involved in the preparation of a witness with t
8 counsel.
4 9
MRS. VAUGHAN:
I don't want to delve 10 into that aspect of preparation which would be 11 covered by attorney-client p ri vile g e.
I am 12 not asking you to do that.
13 Q
I am asking you if the file that you 14 maintain is a file of these documents.
I don't l
15 see the relevance between preparation --
4 16 MR. MacDONALD:
He already gave you t
i 17 his testimony that he does not recall and he 18 has a reason to doubt that the titles are 19 not the same.
20 MRS. VAUGHAN:
I am asking for that t
21 reason.
What does that reason have to do with 22 the attorney-client privilege?
23 MR. MacDONALD:
It has to do with b)
(_
24 preparation for the deposition with his 25 counsel, and it was involved with discussions
i 1
Harbin 309
.,m,
(.v) 2 with counsel, 3
MRS. VAUGHAN:
I am not sure just being 4
involved is the same as having a reason.
(
5 MR. MacDONALD:
The instruction is not to 6
answer.
7 Q
Did you have a reason before you were 8
prepared for deposition to believe that the documents i
9 in the file were not the operating plant service 10 bulletins?
11 MR. MacDONALD:
You can answer the 12 question.
)
s_/
13 A
I didn't know before that.
14 Q
Did you maintain a file before that 15 preparation?
16 A
Yes, I did.
The file of reports that appear 17 similar in content and format to this report, yes, I 18 did, from the time as we discussed yesterday Jim 19 Seelinger assigned me to develop the program that 20 we discussed yesterday.
21 Q
Did you maintain any files before that 22 time on the operating plant service bulletins?
23 A
Let me just make a comment.
When I get in a
. ( -)
24 report like this, it is not my standard practice to s
25 look at the title of the report.
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Harbin 310
.,,9 L) 2 Q
It is not your standard practice to 3
look at the title?
4 A
That's correct.
(
5 Q
Why is that?
- 6 A
Because of the time involved.
7 Q
Do you depend on some documents that you a
8 receive more than others for their content and 9
reliability?
i 10 A
Yes, I do.
11 Q
How do you know which documents you 1
12 depend on if you don't look at the title of the
'-d 13 documents?
14 A
This is a Xerox copy of the document.
The 15 original document that I review is blue.
It has a blue
'16 heading across the top of the page.
As I have said, 17 the format is the same as the format on this report, 18 and therefore, by those two characteristics, I 19 assume that it is the report that I review every 20 week, and I don't feel there is a need to read the 21
- title, u
22 Q
so your difficulty with this document 23 is the fact that it isn't blue at the top?
24 A
I don't know what difficulty you are referring i
25 to.
l
1 Harbin 311
~
xj 2
Q In recognizing this as the document you 3
would keep in the file.
4 A
I don't have any reason to believe that this
(
5 report is any different than the report that I have
-6 been reviewing for the period of-time that I have 7
already discussed. You seem to make issue of the 8
specific title of the report, and as I told you, I 9
have reason to believe that the titles have changed.
10 I don't see that that has any bearing on the issue.
11 Q
Do you have reason to believe that the 12 operating plant service bulletin published by
/~N k-13 B&W has changed its title?
14 A
I have reason to believe that a document that 15 looks very similar to this in format and content 16 and length has changed its title.
17-Q What is the current title of the 18 document that you are thinking of?
19 A
I don't recall.
20 Q
Do you know when it changed its title?
21 A
No.
I 22 Q
Is it a document published by B&W7 23 A
Yes.
I) 24
.Q Currently being published by B&W7 V
25 A
I reviewed a copy within the last month.
1-Harbin 312 i
~-)
2 Q
Do you know today if there are files 3
maintained into which this copy of the operating i.
4 plant service bulletin can be found?
(
5 A
No, I don't know.
-6 Q
Have you ever looked for it, this 7
particular copy?
8 A
No, I have not.
9 Q
Do you know of anyone else who has looked 10 for it?
11 A
No, I do not.
12 Q
Do you know who would know whether there Os 13 is a file maintained in which this exists?
14 A
No, I don't know.
15 Q
Do you know if anybody has maintained 16 files of past copies of the operating plant service 17 bulletin?
18 A
No, I do not.
19 Q
would you go back to the letter at the 20 beginning of this exhibit..would you look at page 3 21 A
Yes.
~
22 Q
Would you look at the second paragraph?
23 A
Yes.
t
[~h 24 Q
Would you take a moment to read that O
25 second paragraph.
If it were to help you, the LER
I 1
Harbin 313 f']
l N-]
2 they are referring to is the Davis-Besse September 24 3
4 Do you possess any knowledge or facts
(
5 today that would indicate that that paragraph is
'6 incorrect?
7 A
No, I don't have any knowledge of anything 8
stated in that paragraph.
9 Q
Do you know whether there is a file kept 10 of materials received from the EEI?
11 A
No, I don't know that.
12 Q
Have you heard there are such files?
('
13 A
Yes, I have.
14 Q
From whom have you heard?
l 15 A
I don't recall.
16 Q
When did you hear?
17 A
I don't recall.
18 Q
Do you recall hearing where those files 19 are maintained or who maintains them?
20 A
one of the libraries.
21 Q
How many libraries are there?
22 A
I don't know exactly.
23 Q
How many do you know there are?
("%.)
24 A
Three.
25' Q
could you identify those?
l
1 Harbin 314
(%
- V)
(
2 A
One in the TMI-2 administration building, 3
one at the central division Met ED headquarters in 4
Reading, and one at the corporate headquarters in
(
5 Parsippany.
'6 Q
Do you know which of those libraries, 7
have you heard which of those libraries maintains 3
the EEI file or maintains a file of EEI publications?
9 A
I don't recall if I have heard that.
10 Q
Have you heard that one of those libraries 11 maintains a file for EEI received materials?
12 MR. MacDONALD:
You are talking about f%
\\-
13 has he heard whether there is a library that 14 maintains material for all EEI received 15 materials or just an EEI file?
16 MRS. VAUGHAN:
Just an EEI file of 17 materials, whatever material they are.
18 A
I have received in the past a publication that 19 is designed to list all new reports, books, 1
20 periodicals, that are added to the various libraries 21 in the GPU system, and some of the reports listed in 22 that report are EEI reports.
i 25 Q
Did you ever at any time during your f(
24 -
period as an assistant to the Unit 1 superintendent 25 keep a file of materials that you received or
1 Harbin 315
- [
~)
\\_/
2 reviewed from the EEI?
3 A
could you repeat that?
4 (Question read by the reporter.)
(
5 A
I recall a file titled EEI prime movers meeting.
6 Q
That you maintained?
7 A
No, I don't recall that I maintained that.
8 Q
Where did you see that file?
9 A
Either in my files or in the superintendent's 10 files.
11 Q
If it was in your files, would that be 12 an indication that you maintained it?
i
-~
13 A
No.
14 Q
Do your files contain files that are 15 maintained by people other than you?
16 A
Yes, they do.
17 Q
What is the EEI prime movers meeting?
18 A
I don't know what it is.
19 Q
Do you recall reviewing the contents of 20 that file?
21 A
No, I do not.
22 Q
Do you recall putting any materials into l -
23 '
that file?
j
[ ]\\
24 A
No, I do not.
%s b
25 Q
Who would keep their files in your files?
l
{-
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1 Harbin 316 2
MR. MacDONALD:
You are asking him who 3
has?
4 MRS. VAUGHAN:
Yes.
(
5 A
No one that I know of.
-6 Q
Could you explain to me what you meant 7
by your previous answer when you said that people 8
do maintain files in your files other than you?
9
'A Yes, our secretary, Pat Schlegel, maintains 10 for example files of reports that are kept in my 11 office.
)
12 Q
Would she be maintaining those files i
13 for you or for somebody else?
s 14 A
For me.
J l
15 Q
And that wouldn't fall within a description 16 of your files?
17 A
Yes, I consider those files my files.
I 18 Q
Who else if anybody else maintains 19 files in your files?
20 A
Excuse me.
Can I confer?
21 (off the record discussion between the 22 witness and his counsel.)
23 A
Yes, there is one other individual's files i
I ))
24 that I r e c a l 1~.
\\_
25 lQ Whose files are they?
I~
c V
-~ -
-~
1 Harbin 317 O
2 A
Jim Seelinger's.
l 3
Q Why do you have Jim Seelinger's files?
4 A
Excuse me.
A specific file.
(
5 Q
Why do you have a specific file of i
6 Mr. Seelinger's?
{
7 A
When he left the company, he asked me to 8
maintain a file.
9 Q
What does the file contain?
i i
10 A
It contains notes that he took during the 11 accident, the TMI-2 accident.
j 12 Q
Besides Mr. Seelinger, are there any i.
13 other files that are maintained by you that are not s
14 yours?
15 A
No, not that I recall.
16
.Q Does your secretary maintain any files 17 for you that are not yours?
18 MR. MacDONALD:
You mean Mr. Toole's
.19 secretary?
20 MRS. VAUGHAN:
Yes, Mr. Toole's secretary, 21
.that you share.
22 Q
Is that correct?
23 A-Not that I know of.
( )
'24 Q
You have never instructed her to maintain.
i L
25
'someone's file for you?
I
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1 Harbin 318
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(,)
2 A
I don't recall ever having done so.
3 Q
would you look again at page 37 4
A Yes.
(
5 Q
would you read the paragraph under the
'6 one you just read.
7 MR. MacDONALD:
Paragraph 3?
8 MRS. VAUGHAN:
Yes.
9 Q
Do you possess any information that 10 would indicate this paragraph is not correct?
11 MR. MacDONALD:
I object to the form of the 12 question.
You are talking of a document he f~%
G 13 has never seen.
On top of that, he has 14 tes ti fied for two days of what his recollection 15 is, a'nd you have gone through all the 16 attachments, which ones he has seen, which ones 17 he hasn't, and you are asking him to retestify 18 to something that he already gave two days' 19 testimony of.
He already testified of what he 20 recalls about it, if ever he saw it, what 21 the general practice was, and now you are going l
22 back over another paragraph in a letter that t
l 23 he has never seen before, never was on the
(,)
24 distribution for, and asking him to affirm or 25 deny something that somebody else wrote that he
1 Harbin 319
(~T U
2 has no past recollection of.
3 MRS. VAUGHAN:
I am simply asking him 4
if he has any knowledge today that would
(
5 indicate that this is not that what he 6
reads in this letter is not correct.
I have l
7 not asked him that question before.
O MR. MacDONALD:
You have asked him a 9
number of questions that deal with his 10 knowledge on the information contained in this 11 particular document referenced, and other 12 LER material referenced in the attachments in s
13 the normal practice.
He has given you the 14 broad extent of his knowledge, and to ask him 15 to confirm or deny something that he has never 16 seen before today is not proper.
17 MRS. VAUGHAN:
You instruct him not to 10 answer?
I9
~
MR. MacDONALD:
Yes.
20 Q
Would you read the next paragraph, the 21 one that begins "A second source of information."
22 Have you read that?
23 A
Yes.
I
/"N
. 24 t,
j Q
Do you have any-knowledge today that would l
x 25 indicate that-paragraph is not correct?
v' W
e
1 Harbin 320 OU 2
MR. MacDONALD:
I object to the form for 3
the same reason that we have been over this 4
material for the past two days.
He testified
(
5 as to his recollection of it, what he can
~6 recall.
Again, not seeing the document, not 7
having read it or the words therein, I instruct 8
him not to answer.
9 MRS. VAUG'HAN:
Just so the record is 10 clear, I am not asking Mr. Harbin anything 11 that I have asked him before.
I am asking him 12 if he possesses any knowledge today that OO
-13 would indicate that that paragraph is not 14 correct.
I am not asking him whether the 15 paragraph is correct or not correct.
I am 16 only asking whether he possesses facts which 17 are contrary to those stated in that paragraph.
18 Is your instruction the same?
19 MR. MacDONALD:
Yes.
He has given you 20 the background of all of these questions.
21 MRS. VAUGHAN:
It is a very broad 22 background and he has been very evasive and 23 cagey throughout the deposition.
A straightforward
()
24 yes or no answer is not difficult.
25 MR. MacDONALD:
That may be but he has
-_____._.___________.-._______________.___m__
.1 Harbin 321 2
given you the best of his recollection of L
3 what he recalls through his job.
He is not 4
here testifying to the correctness of what
(
5 somebody else wrote.
j
- 6 MRS. VAUGHAN:
I am not asking him to 4
7 testify to that.
J 8
Q Would you read the last paragraph on i
r 9
page 3.
10 Do you possess any information today 11 or any facts that would contradict anything that is 12 stated in this paragraph?.
13 MR. MacDONALD:
I object to the form 14 and instruct him not to answer for the same 15 reason.
He testified extensively on the 16 publications and what his recollection is of 17 those publications and where they were r
18 disseminated and what he knows about it.
This 4
19 is somebody else's deduction and information 20 and. knowledge of this particular subject, and 21 he gave you what he testified about, j
22 MRS. VAUGHAN:
I suggest that your 23 colloquy is longer than his answer would have
)
24 been.
me :
25' Q-Page 4, the paragraph.that"begins jm i
.,.. ~ _ - _
1 Harbin 322
(
2
" Finally," would you read that paragraph, please?
3 Do you possess today any knowledge or 4
any facts which would indicate that that paragraph
(
5 is not correct?
6 MR. MacDONALD:
I object for the same 7
reasons and instruct the witness not to answer.
8 Q
Do you know why the document was not l
9 received or not circulated, r,a th e r, to any Met ED 10 personnel?
11 MR. MacDONALD:
What document?
12 MRS. VAUGHAN:
The Nuclear Power Experience 13 referred to in the paragraph you just reviewed.
14 A
On what date?
15 Q
The paragraph indicates July 1978.
That 16 is the document they were referring to.
17 Do you know why at that time in July 18 1978 it was not circulated to Met ED personnel?
19 A
No, I do not.
20 Q
Did you know in July 1978 that it was 21
. received in the offices of GPU Service Corporation?
22 A
I believe I-already. testified that I wasn't 23 aware of the existence of the publication until after
(
)
24 the accident.
25 Q
Would you look at the next paragraph, the
1 Harbin 323
\\_
2 one that begins "With respect to.the NSSS vendor."
3 Are you familiar with the B&W owners 4
group meetings?
(
5 MR. MacDONALD:
Familiar in the sense 6
that he has heard of such meetings?
7 MRS. VAUGHAN:
Yes.
8 A
I have heard that meetings take place by that 9
name.
10 Q
Do you know who attends those meetings 11 from Met ED or GPUSC7 i
12 A
No.
13 Q
Have you heard of anyone attending those 14 meetings?
15 A
Let me clarify that it is my understanding 16 that there are two meetings that may or may not be 17 similar in nature.
One is the B&W users group 18 meeting, and one is the B&W owners group meetings.
19 I testified yesterday that the general practice was 20 that the superintendent attends users group meetings.
21 I don't know whether that name of the meeting or 22 the two aames that I just described are interchangeable 23 or whether they are two separate meetings.
/,-)
24 Q
Then you don't know the difference between kJ 25 the two groups; is that correct?
1 Harbin 324
^
(~%
2 A
That's correct.
3 Q
Have you seen any minutes marked B&W 4
owners group meeting?
(
5 A
I don't recall that I have.
6 Q
Have you ever seen any agenda for the 7
owners group meetings?
8 A
I don't recall that I have.
9 Q
Would you look at the paragraph on page'4 10 that begins with "Other than the encic.ed reports."
11 Do you possess any knowledge or facts 12 today that would indicate that there is anything 13 in that paragraph that is incorrect?
14 MR. MacDONALD:
Again, I instruct him 15 not to answer.
16 MRS. VAUGHAN:
I have my same response 17 that I repeated before.
18 Q
I would like you to refer to the document 19 I am about to give you which has been previously 20 marked B&W 74.
It is titled "Three Mile Island 21 GORB action item number 31" dated June 15, 1978.
l 92 Have you had an opportunity to review 23 this document?
A
.i 24 A
Yes.
25 Q
Have you seen this. document'or any
-]
1 4
~...
I Harbin 325 O
2 portion of this document before today?
3 A
I don't recall having seen it.
4 Q
Do you recall hearing about GORB action
('
5 item 31 in any way before today?
6 A
I knew of the subject matter, and therefore, 7
that GORB had a concern over review and dissemination 8
of industry operating ekperience but not specifically 9
GORB action item number 31.
10 Q
When did you learn that GORB had a 11 concern about review of information from other 12 utili ties ?
13 A
I don't recall.
14 Q
Was i t before the accident?
15 A-I don't recall.
16 Q
Do you recall from whom you learacd it?
17 A
I recall sitting in on GORB meetings in which 18 it was discussed.
19 Q
Do you normally sit in on GORB meetings?
20 A
For some period of time I did.
21 Q
Which period of time?
22
'A I would estimate the-period to have begun'not 23 on a regular basis in 1978 and to have ended within 24 a month after Ron Toole became unit superintendent.
25 Q
Why_did you begin sitting in on the GORB e-ee+
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l Harbin 326
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meetings?
5 a
s, 3
A One reason was for my edification. -Anothirs -
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4 reason was that if questions came up or discussions
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(
5 arose that required some member of the staff to-5(
'6 provide the GORB members with specific infot'ma tion 7
concerning the topic, I would try and loedth{and 8
schedule that individual to attend the meeting,7 1n~ '
'q 9
some cases to answer questions that GORB momderss, 10 had, and perform other various administrative
~
11 functions.
12 Q
Were you requested or dire $ted by anyone N
13 in particular to attend the GORB mee' tings?
14 A
Yes, for some meetings.
l, 15 Q
As a general rule?
16 A
For some period of time, yes, s
17 Q
Who was that that requested or directed 18 you to attend?
19 A
The unit superintendent.
t 20 Q
Unit 1 superintenden ?
21 A
Yes.
22 Q
Anyone else?
23 A
Gary Miller.
a -.
[~)
24 Q
In his capacity as s'ation superintendent?
t v.
+ s* s 25 A
No.
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Harbin 327 A
2 Q
In what capacity?
So you understand, s
s y
~.,
s i
3 let me make clear I am asking you what position 4.
Gary Miller held at the time he requested or directed
(
5
'you to attend the GORB meeting.
i,
- 6 A
He was acting Unit 1 superintendent.
l N
N 7
Q In any --
x 8
A Or the equivalent.
.s s
9 Q
In any of these cases, was the person
!l A
Q 10 requesting or directing you to go asking you to go in c%')
11 their place?
12 A
At times, but not necessarily to perform the
(~N s
N-]
t 13 same function as they would perform.
l 14 Q
Would you have been present at a GORB 15 meeting at the same time your Unit 1 superintendent 16 was there?
17
'A Y e s'.
s
' 18 Q
Would your presence at any of these sn y.~,
19 I
meetings be reflected on the minutes of the meetings?
I dot recall.
20 A
n 5
..s,
.s 21 Q
'You,would not be there as a member of s.
2 t.
i 22 th$ GORB, is that correct?-
'(
7-23 4 A
Yac, that's correct.
[
24 -
Q Would you be there as a "non-member"?
-Q r
3-s i
25 MR. MacDONALD:
Do you have something
)
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1 Harbin 328 r~s id 2
specific in mind or you are just contrasting 3
that to member?
4 MRS. VAUGHAN:
I don't have a copy of
(
5 the document, but I have seen minutes of the 6
GORB where they list members and non-members.
7 A
I don't recall if I ever was listed as a non-8 member.
9 Q'
Do you remember whether you were viewed 10 as a non-member, or does that name have some other 11 connotation?
12 A
I don't know.
(V 13 (Recess taken.)
14 BY MRS. VAUGHAN:
15 Q
I am still referring to B&W Exhibit 74.
16 Do you recall being present at the GORB-17 meeting which is referenced there, meeting number 307 18 A
No, I do not.
19 Q
Do you recall hearing about that GORB l
l 20 meeting at which this issue was raised, that is, i
21 whether there should be changes made in the process 22 for acquisition and use of information about incidents 23 at other nuclear plants?
O 24 A
No, I do not.
x3 25
-Q Did either Mr. Lawyer or Mr. Kunder
1 Harbin 329 2
approach you and ask you for information regarding 3
the publications that you reviewed or received?
4 A
I don't recall that they did.
5 Q
Do you know for a fact that they did
. 6 not?
7 A
No, I don't know for a fact that they did not, j
8 Q
Did anyone in or around this time of 9
June 1978 and until October 20, 1978 which is the l-10 date on the bottom of the first page of this exhibit, 11 come to you and ask you for information about what 12 publications you reviewed?
(2) 13 A
No, I don't recall anyone asking me that.
14 l
Q Including your Unit 1 superintendent?
15 A
Yes, that's correct.
16 Q
Are you aware of an incident that 17 happened at TMI-2 on April 23, 1978?
10 A
I am aware that an incident occurred at 19 TMI-2 on that date.
20 Q
Do you know whether as a result of
{
21 that incident concerns were raised about the receipt 22 of information from other facilities and the 23 dissemination of that-information?
O
\\,,)
24 A
No, I don't recall that'anything was said 25
.concerning that.
1 Harbin 330
' %,)
2 MRS. VAUGHAN:
I would like to 3
introduce as B&W Exhibit 209 a copy of the 4
final minutes meeting number 30 dated
(
5 October 24, 1978.
The meeting is a meeting 6
of the General Office Review Board, and that 7
meeting was held on June 6,
1978 and continued 6
on June 7, 1978.
9 (Document entitled " Final Minutes 10 Meeting #30" dated October 24, 1978 marked 11 B&W Exhibit 209 for id e n ti fi c ati on, as of this 12 date.)
13 Q
Would you take a minute to just review 14 these minutes with particular attention to page 3 15 and page 4.
16 Have you had an opportunity to review 17 these minutes?
18 A
Yes.
19 Q
Have you ever seen these minutes before 20 today or any portion of them?
21 A
I don't recall having ever seen these before.
22 Q
Would you normally receive copies of 23 GORB minutes in your position as an assistant to
)
24 the Unit 1 superintendent?
25
.A It was the general practice to distribute minutes
1 Harbin 331 OV 2
to the Unit 1 superintendent, and as his assistant, 3
in reviewing correspondence that we discussed, I 4
would review the minutes of GORB meetings.
(
5 Q
But you still don't have any recollection 1
6 of having reviewed these particular minutes?
7 A
That's correct.
8 Q
In looking at these minutes, do they 9
in any way refresh your recollection as to whether 10 or not you attended this meeting?
11 A
No, they do not.
12 Q
At the GORB meetings at which you did 13 attend, would a piece of paper be passed around 14 listing those people present or asking the people 15 who are present to sign the paper?
16 MR. MacDONALD:
You are asking was that 17 ever done at the meeting?
18 MRS. VAUGHAN:
At the meetings which 4
19 he attended.
20 A
I don't recall that that ever was done.
21 Q
Looking at page 2 of this exhibit, page 22 1 of the minutes of B&W 209, you see a list of 23 members and non-members.
()
24 Do you know whether it would happen 25 there would be people'present at these meetings who J
w,
, - - -. - ~ -
1 Harbin 332 (q) 2 wouldn't be listed as members or non-members?
A I d n't know that.
3 4
Q Do you believe that everybody present 5
would be listed in the minutes?
Was listed in the 6
minutes?
7 MR. MacDONALD:
Are you asking was that 8
his understanding of the normal practice of 9
the GORB?
10 MRS. VAUGHAN:
That's right.
11 A
My understanding was that the general practice 12 was to have several members of the plant staff give n\\/
13 presentations to the GORB committee, and as a general 14 rule, the number of persons giving presentations 15 was between'six and ten, and in addition to that, 16 in addition to persons giving presentations on 17 specific topics, it was the general practice that 18 the unit superintendent would also attend the meetings, 19 and it was my understanding that the unit superintendent 20 was a non-member, 21 Q
Were those individuals who gave 22 presentations non-members?
23 MR. MacDONALD:
In the sense that we see O
\\,1 24 on page 2 of the non-members who are listed?
25 MRS. VAUGHAN:
That's right.
i l
1 Harbin 333 O(~~
2 A
I recall members giving presentations to the 3
GORB committee, and I recall non-members giving 4
presentations to the committee.
5 Q
Let me ask it this way.
Are there two 6
categories of individuals present at the GORB 7
meetings, that is, those who are members and those 8
who are non-members, or are there three categories, 9
members, non-members, and staff, or some other 10 category?
11 l
A I am not qualified to answer that.
12 Q
Do you know?
O 13 A
I don't publish these minutes.
14 Q
I know that.
I am just wondering if you 15 know.
16 A
No, I don't know.
17 Q
Have you reviewed minutes of the GORB 18 meetings at which you were present?.
19 A
Yes.
~
l l
20 Q
Did you see your name listed under the l
21 members or non-members? -
{
22 A
I don't recall that I did.
23 Q
You don't recall that you did see your
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24 name or you don't recall whether you did or did not i
i 25' see your name?
9*
1 Harbin 334 p'N 2
A I don't recall whether I did or did not see 3
my name.
4 Q
Do you or your secretary or the unit
(
5 superintendnet maintain a file of GORB meeting 6
minutes?
7 A
Yes.
8 Q
Are they in your office?
9 A
No, they are not'in my office.
10 Q
In whose office are they?
11 l
A Pat Schlegel's office.
12 Q
Would you look again at the list of 13 members and non-members?
14 A
Excuse me.
Let me clarify that last response.
l 15 Either Pat Schlegel's office or in Al Stowe's 16 possession.
i 17 Q
Who is Mr. Stowe?
'I know his name has 18 been mentioned.
Does he work for Metropolitan Edison?
19 A
Yes.
20 Q
Has he worked'for Met ED all along or 21-is he engaged in this litigation?
(
22-A I don't know that he is involved in the 23 litigation, and he is employed by either Metropolitan rh (j
24 Edison or GPU.
25 Q
Does he keep the-files'that you have
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1 Harbin 335 i
2 referred to as a-normal course of' business, in i
3 the normal course of business?
4 A
He acts in part in a capacity of an
(
5 administrator of document storage on the island.
6 Q
In the normal course of business?
7 A
Yes, that's correct.
8 Q
Would you again look at the list of 9
members and non-members there.
10 Do you recognize any names from B&W 11 there or anyone who was not employed at that time, 12 to your knowledge, by Metropolitan Edison or GPU?
O
-V 13 A
Yes.
14 Q
Whose names are they?
15 A
Mr. Schuler.
16 Q
By whom is he employed?
17 A
I believe he was employed by B&W.
Mr. Lowe.
18 Q
By whom was he employed?
19 A
I believe the law firm, Pickard, Lowe &
J j
20 Gehrig.
21 Mr. Miller, J.
G.
Miller.
,k l
22 Q
By whom was he employed?
23 A
I don't know his employer.
O.
- 24 gwJ Q
But you know he was not' employed by 25 Metropolitan Edison or GPU?
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1 Harbin 336
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2 A
It was my understanding that he was not.
3 Those are the only people.
4 Q
Are there any people on this list that
. N 5
you are unsure of or you are sure that everybody 6
else was employed by Met ED or by GPU?
7 A
Mr. Kulnych, I have never heard that name before.
8 Q
Anyone else?
9 A
No.
10 Q
How frequently were the GORB meetings 11 held?
12 A
It has been my understanding that there is a (h
\\_)
13 technical specification requirements that.they held 14 with some frequency, and I believe that frequency is 15 at least every six months.
As to how often they 16 are held, I don't know.
17 Q
Do you recall during 1978 how many 18 meetings of the GORB you attended?
19 A
I don't recall that I attended any meetings in 20 1978.
21 Q
It is now your testimony that you don't 3
22 recalliattending any meetings in 1978 of the GORB7 23 A.
That's correct.
24 Q
Do you recall when you attended any 25 meetings of the GORB?
f-e
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,g-
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^
l 1
1 Harbin 337 O
2 A
I recall attending one specific meeting on 3
the same day that Ron Toole became unit superintendent 4
for Unit 1.
5 Q
Which was after the accident?
6 A
Yes, that's correct.
7 Q
Do you recall that you attended any 8
meetings prior to that?
9 i A
Yes, I did.
10 Q
Ycu just don't recall when those. meetings 11 were?
12 A
Yes, that's correct.
13 Q
Do you recall that you attended them on 14 a regular basis?
15 A
Yes, I did, for some period of time.
16 Q
And your testimony is you don't know 17 what period of time that was, you don't recall what 18 period of time that was?
19 A
Yes, that's correct.
20 Q
At any of the meetings of the GORB that 21 you attended, do you recall the discussion about the 22 subject matter raised in GORB action item number 23 31 which is B&W Exhibit 74?
)
24 A
Yes, I do.
25 Q
Do you recall when'those meetings were?
1 Harbin 338
+
2 A
I don't recall each and every meeting.
3 Q
Do you recall any meetings?
4 A
Yes, I do.
5 Q
When was that meeting?
6 A
I recall that it was subsequent to the TMI-2 7
accident.
8
.Q Do you recall any GORB meetings prior 9
to the TMI-2 accident at which this subject matter l
10 was discussed?
11 A
No, I do not.
12 Q
Do you recall that it was discussed at 13 i
neetinge prior at which you attended, prior to the 14 TMI-2 accident?-
~
15 A
no.
16 Q
At the meeting at which you do recall 17 that it was discussed after the accident, do you 18 recall the nature of the discussion?
19 A
.Yes, I do.
20 Q
What was that?
21 A
It was to what extent GPU should employ their 22 own resources for reviewing industry operating j
- 23 experience, to what extent they-should rely on 24 outside sources of information, and the institution 25 of new organizations whose purpose it was to review
i 1
Harbin 339 f9 v
2 industry operating experience.
3 Q
Were you at that particular meeting 4
because of this very subject matter?
. (
5 MR. MacDONALD:
You are asking him 6
whether he was requested to be there because 7
it was a subject of discussion?
8 MRS. VAUGHAN:
Either requested or there 9
on his own because of the subject he just 10 described.
11 A
I recall prior to the meeting I had knowledge l
12 I
that that was an item on the agenda to be discussed ll A
f at the meeting, and although than was not the sole i
13 I4 purpose of my attending the meeting, I attended the 15 meeting with an interest in hearing that discussion.
16 Q
Did Mr. seelinger ask you to go to the 17 meeting?
18 A
I don't recall whether he did.
19 Q
Did Mr. Miller ask you to go to the 20 meeting?
21 A
I don't recall when the meeting was held and i
l 22 who was the superintendent at the time.
l 23 Q
How were you aware of the agenda for the i
es
(_j-24 meeting?
25 A
Because for some period of time one of the l
l
1 Harbin 340 Ov 2
administrative responsibilities that I discussed 3
earlier that I had was to review the agenda and 4
assist the superintendent in assigning individuals 5-on the plant staff to prepare for presentations, and 6
the agenda was received in advance of the meeting 7
an' used to aid in the preparation of these 8
presentations.
9 Q
What was said at the meeting that you 10 recall about whether or not GPU or Metropolitan 11 Edison should ase its own resources to review 12 experiences at other plants, operating experiences?
fV 13 A
I d e r. ' t recall exactly what was s ai d.
14 Q
In words or substance?
15 A
I recall that it would not be cost effective 16 for each and every utility to develop a system 17 organization whose sole responsibility or who had 18 the responsibility for reviewing all LER's and 19 filtering out those that may have some importance 20 on nuclear safety or applicability to one of the GPU 21 nuclear units.
I recall discussions related to 22 improvements in the NRC's system for reporting 23 industry operating experience and the developing b
24
( /
of.a new organization called INPO, whose purpose it 25 would be to review and disseminate operating experience
+
1 Harbin 341
(~T v
2 information.
3 Q
Who were the primary participants in 4
this. discussion?
(
5 A
I recall that one was Mr. Jack Thorpe.
6 Q
what position does he hold?
7 A
I believe he was the chairman of the GORB at that 8
time.
I recall Mr. Lou Rodais was another.
9 Q
What was his position?
10 A
I don't recall.
11 Q
Was he with Metropolitan Edison?
12 A
No.
13 Q
G?'J 7 14 A
No.
15 Q
Which organization was he with?
16 A
Another utility.
17 Q
You don't remember which utility?
18 A
To the best of my recollection, it was 19 Carolina Power and Light.
20 Q
Do you recall anyone else participating i
g 21 in the discussion?
l Q
7 22 A
I recall that there were other members that 23 were involved in the discussion.
I don't recall l
(~s
(}
24
- their names.
(
25 Q
Do you recall either by name or by-
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1 Harbin 342 m
2 organization others who were present that were not 3
employed by Met ED or GPU?
4 A
No, I do not.
(
5 Q
Dc you recall whether there were other 6
utilities present besides Mr. Roddis from Carolina 7
Power and Light?
E A
I don't recall whether there were or were not.
9 Q
Do you recall anyone from the NRC being i
10 present?
11 A-No, I do not.
12 Q
Do you recall anyone from B&W being
/'
(N) 13 f
prasent?
14 A
It was my understanding that it was a requirement-15 that a member of B&W be present at GORB meetings, 16 but I don't recall at this specific meeting that-17 there was any member present.
IO Q
Would that requirement be from the 19 technical specification?
20 A
Not that I recall.
21 Q
Do you recall where the requirement 22 was that a B&W person be present?
23 A
No.
24 Q
But you recall that was a requirement?
25 A
Yes, I do.
I i
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1 Harbin 343
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U 2
Q Do you recall any discussion at this-3 meeting about whether there were deficiencies in 4
the system for disseminating information, deficiencies i
(
5 in general, in the dissemination of information 6
about operating experiences at other plants?
7 A
I wouldn't refer to the discussion as being 8-centered around deficiencies.
It was centered around 9
possible improvements to present systems that existed 10 disseminating operating informaticn.
11 Q
What aspect of the present system was 12 identified as needing improvement?
13 A
There was no aspect that was identified as 14 needing improvement that I recall, 15 Q
What was the outcome of the discussion?
16 A
I don't recall that there was an outcome.
17 Q
Was there a resolution of the issues l
18 identified?
I l
19 A
I don't know if there-was a resolution.
[
20 Q
Have you ever heard of a resolution?
21 A
A resolution that responded to this specific 22 action item number 31?
23 Q
A resolution that responded to the issues
(~h.
).
24 discussed at the meeting at which you recall being tLi 25 present?.In other words,.you identified one of the
1 Harbin 344
\\
v 2
issues discussed as being that it was not cost 3
effective for each utility to establish an 4
organization to review the materials.
(
5 A
Yes, I do.
6 Q
What was the resolution?
7 A
one resciution that I know of, one part of a 8
resolution, is that GPU did establish an organization 9
for reviewing LER's and disseminating applicable 10 information to the various organisations in the GPU 11 system.
12 Q
Is that the plant management group?
13 l A
Plant analysis group.
14 Q
That you have identified previously?
15 A
Yes, that's correct.
16 Q
Any other resolutions that you recall?
17 A
Yes, since tha t time, we, we being the Unit 1 18 superintendent, at least as one individual, have 19 been receiving reports from an organization outside i
20 of GPU, and I believe that the organization that 21 those originate from is called NSAQ.
I am not sure, 22-and I believe the title of the report is something 23 nuclear data link.
Something to that effect.
. /-m
(
)
24 Q
Anything else?
25 A
Yes, in addition to reviewing all LER's,,the
1 Harbin 345 i
%.)
2 plant analysis group reviews other sources of 3
information for dissemination to the plant staff 4
and other organizations in the GPU system.
(
5 Q
Has the plant analysis group essentially 6
replaced your role in reviewing the mail for the 7
Unit 1 superintendent insofar as mail is the 8
publications received?
9 -
'A No.
i l
3 10 l Q
Did the plant analysis group reviaw some I
l
~
11 of the same publications that you would review, that 12 you review now?
<~n
(./
13 A
The same types of publica tions ?
14 Q
or the same publications.
I know some 15 of them you have already testified that other people 16 review, for instance, the Atomic Energy Clearine House 17 you testified that Dave Carl now reviews, and the 18 plant analysis group now reviews the Nuclear 19 Generation Experience or Nuclear Power Experience, 20 rather, but how about Current Events-Power Reactors?
21 Does the plant analysis group review that?
22 Let me put it a different way.
Do you 23 continue to review that now?
24 A
Yes.
x_)
25 Q
What kind of data does the Nuclear g
4
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1 Harbin 346
,O 2
Data Link publication generate or group generate?
3 A
The information related to transients, nuclear 4
plants.
5 Q
Did that group exist before the accident 6
at Three Mile Island, to your knowledge?
7 A
Not to my knowledge.
8 Q
Did the publication exist?
Is it a 9
publication, Nuclear Data Link?
10 A
Nc, I wouldn't refer to it as a publication.
11 Q
what would you refer to it as?
j 12 A
A document that is received through some form K.
13 of facsimile, telecopy, for example.
14 Q
Is this some kind of a computer link-up?
j 15 A
Yes, it is.
16 Q
Much like a Lexis system?
17 A
I am not familiar with that system.
18 Q
You request information and it comes out?
19 A
I don't know.
It is my perception that it is 20 a computerized system.
21 Q
Can other utilities hook up to it?
22 A
I don't know.
23 Q
Was there any discussion at this GORB I) 24 meeting at which you recall being present about x__s 25 specific problems in~ notification concerning the
1 i
1 Harbin 347 i
ID A_)
2 Davis-Besse September 24, 1977 incident?
3 A
Not that I recall.
4 Q
Do you recall any specific problems
(
5 being raised at that meeting about receiving
-6 information?
7 A
No, not about receiving information.
8 Q
What about?
Any specific problems at 9
all other than the general categories you have i
10 described?
11 A
No.
~
n 12 Q
Was the discussion generated by the i
s/
13 accident at Three Mile Island?
14 A
I don't know that it was.
15 Q
Did you hear that it was?
Was it your 16 understanding that it' was?
17 A
It was my understanding that in part, if not 18 entirely, that because GPU or Met ED was not aware 19 of the Davis-Besse incident, considering all the 20 mechanisms that were available to make GPU or Met ED 21 aware of that incident, that a review of the current 22 mechanisms and possible changes to those mechanisms 23 might be appropriate.
(
24 Q
Was there any discussion concerning l
25 deficiencies in the kind of information that was l-
I Harbin 348
(
'. t.s' 2
received?
3 A
Yes, I recall that not as a deficiency necessarily 4
but as a reason for potentially not being aware of
(
5 transients at other plants that there was such a 6
volume of information made available and that there 7
was some question as to how dependable the NRC and 8
B&W was concerning filtering that information and 9
providing specific utilities with information 10 appropriate to them or applicable to them, that 11 consideration was given to developing an organization 1
12 to perform that function within either Met ED or GPU.
l 13 0
Nas there any discussion that Met ED or 1
14 GPU should have been filtering that information all 15 along?
16 A
I recall a discussion concerning the difficulty 17 with filtering that information.
18 Q
What was the substance of the discussion?
19 A
I particularly recall the GORB requesting a 20 copy of the I don't recall the specific name of 21 it.
The computer listing of all LER's provided by 22 the.NRC.
23 Q
Do you remember why the GORB requested A
t.
)
24 that?
v 25 A
Because of their interest in the volume of
1 Harbin 349
' f~
%s 2
information and the difficulty that an individual 4
3 would have in reviewing that information and 4
extracting from that information that would be
(
5 applicable to TMI-1.
4
'6 Q
Was there any one person who was 7
responsible for heading up this discussion?
I assume 8
this was an item on the agenda, is that correct?
9 A
No, I don't recall'that it was' an item on the 10 agenda.
I don't know whether it was.
11 Q
Do you recall that all of a sudden people I
12 just st.arted talking about it?
g-I s/
13 A
I don't recall what initiated the discussion.
14 Q
Do you recall any reference to the'GORB 15 meeting number 30, the minutes of which you just 16 reviewed, or the GORB action item 31?
17 A
No, I do not.
18 Q
Do you recall anyone saying at that 19 meeting, the meeting at which you were present, that 20
'thic communication of events that have occurred at 4
21 other utilities has been an ongoing problem?
22 A
No, I don't recall that.
23 Q
Do you' recall anyone stating that it was b j 24 an ongoing topic of discussion for the GORB?
g 25 A
I - know that for at least three meetings it was n
.--e u
, f
-n,.
a 1
Harbin 350
{~)
2 a topic of discussion that was either deferred to 3
subsequent meetings or discussed at each meeting.
4 Q
which three meetings were they?
(
5 A
I don't recall.
6 Q
How do you know there were three of them?
7 A
Because I recall that it was an item on the 8
agenda for three meetings, at least three meetings.
9 i Q
Were the three meetings meetings that 10 included the one that we have just been talking i
j 11 about followed by two more, or preceded or a meeting 12 on each side?
13 A
As I recall, the meeting that I attended that 14 we have just been discussing was one of the tnree.
15 Q
Did you attend the other two?
16 A
I don't recall whether I did or not.
17 Q
Did you make any presentation at the one 18 we have just been discussing?
19 A
I don't recall that I did.
20 Q
Did you prepare any written materials 21 for di~stribution at the meeting?
22 A
At the meeting in question?
23 Q
That we have been talking about.
.()
24 A
I don't recall that I did.
25 Q
How about the o the r two meetings?.
3 1
Harbin 351 pd 2
A No, I don't recall that I did.
3 Q
Did anyone else prepare any materials 4
for distribution concerning this topic?
k 5
A Yes, at the meeting that we have been just 6
discussing, it was requested that members of the 7
Training Department bring to the meeting a copy of 8
the publication, the computer listing of LER's 9
provided by the NFC.
10 Q
Who was that person, Mr. Brown?
11 A
No, it was Mr. McCormick who was the person 12 who physically brought the document to the meeting.
(""\\
13 g
who presented it at the meeting?
14 A
I don't know that anyone presented it.
15 Q
was a copy of it distributed?
16 A
I know a copy of it was brought to the meeting 17 and was reviewed by one or more GORB members.
I-18 don't know that there was any distribution made.
19 Q
During that meeting it was reviewed?
20 A
Yes, it was, f
21 Q
Which LER listing was it?
Q 22 A
The one provided by the NRC.
23 Q
During what period of time?
-Q iq,/
24 A
I don't recall.
25 Q
Was it a discussion of the Davis-Besse
I Harbin 352 2
September 24 incident?
3 A
I recall that the request dealt with simply 4
an example of the computer listing and not for any 5
specific period of time.
6 Q
Do you recall any other materials being 7
provided concerning this subject at the meeting?
8 A
No, I do not.
9 Q
At either of the other two meetings?
10 A
Not that I recall, i
11 Q
Do you keep copies of the agenda for 12 these meetEngs in your files?
(~"1 13 A
Not that I know of.
I don't believe I do in 14 my files, no.
15 Q
Does an'ybody in 'their files that you 16 know of?
17 A
Yes.
18 Q
Who is that?
19 A
The files that Pat Schlegel maintains for the 20 superintendent.
1 21 (Luncheon recess taken.)
22 l
23 24 25
q I
Harbin 353
%)
2 AFT E R NO O N S ES S I O N 3
4 RONALD S TE P H E N HARB I N having 5
been previously duly sworn by a Notary Public, 6
resumed, and continued to testify as follows:
7 EXAMINATION (continued) 8 BY MRS. VAUGHAN:
9 Q
Before we broke for lunch, we were 10 talking of a GORB meeting which you recall attending 11 sometime after the accident at Three Mile Island.
12 During that mee ting, you indicated there was a ggU 13 discussion of basically the same subject matter 14 which was the subject of action item number 31, that 15 is, transmitting information of other operating 16 utility plants to Met ED and other facilities.
17 Was the discussion a focus more on the 18 external means of collecting that data about the 19 plants or internal means that Met ED or GPU had for 20 filtering that data?
(
21 MR. MacDONALD:
Your question was 22 beginning with the word was?
23 MRS. VAUGHAN:
That's right.
24 MR. MacDONALD:
I object to the form.
25 It contains an assumption that may not necessarily 1
.g m
~
l 1
Harbin 354 2
be correct in providing the two alternatives 3
assuming either one of those were discussed.
4 Q
If neither alternative was discussed --
(.
5 A
I don't recall that either was.
6 Q
But you do recall that there was 7
discussion that it was not cost effect he~for each 8
utility to establish an organization to review data 9
that was collected from the other plan _ts?
10 A
I recall a discussion relating to the cost N
11 effectiveness of each utility reviewing thejsame 12 information, not that it was not cost effective.
)
/
13 Your question implied that there was a decision made 14 or an implication made that it was not cost effective.
l 15 Q
And that is not true?
Is that what you 16 are saying?
There was no discussion that it was
's
\\
17 not cost effective?
x 18 A
I don't recall any.
19 Q
What do you recall, just a discussion 1<
20 as to whether or not it would be cost effective?
\\'
21 A
Yes, that's correct.
s 22 Q
Do you recall any conclusion being t
23 reached on the cost effectiveness?
s r'T
'T
()
24 A
No, I do not.
25 g
was the establishment by Met ED of the i
\\,
~
~
^
^-
m, i
s
\\
4 I
Harbin 355 t ',
i 1
V 2
plant analysis group a response to that concern?
3 A
Since I didn't have any input into the 4
establishment of chat group, I am not qualified to
(
5 state why that group w s established.
4 6'
Q Who established or who would have the 7
final authority to establish the plant analysis 8
group?
Who did have the. final authority?
',g,-
n.
.)
I
-)
i 9
A I don't know.
l 10 Q
Do you recall any discussion at the GORB g
-n 11 meeting you attended of establishing the plant s
4 12 a n aly 'si s group?
\\^13 A
No, I don't recall any.
n
\\ ~'
, I4
(
Q Was the' plant analysis group established
(
15 after this meeting that you recall attending?.
s 16 A
To the best of my recollection, it was.
17 Q
Were any particular external sources of 18 information discussed at this GORB meeting other t
19 than the LER to which you referred earlier?
s' k 20 A
Y Es, there were.
s
- '{
( k
.s.
2h-
-Q Which ones?
22 A'
I recall that NRC bulletins, circulars, and
,e i
23 notices, and also B&W users group meetings.
Those 1
-[)D
'I
- 24
.are two of the sources of information that I recall.
25 Q
Being discussed?
'*-4
1 Harbin 356 OU 2
A Yes, other than the LER NRC summaries.
3 Q
What was said about the users group 4
me e ting s ?
(
5 A
I don't recall specifically what was said.
6 Q
What was said about the NRC bulletins, 7
circulars, and notices?
8 A
That those documents as a group were intended 9
to provide information and to perform a service of 10 providing information that the NRC knew the utilities 11 would need that would provide detail on operating 12 experience at other nuclear facilities and on 7s
\\s-13 components and occurrences at other facilities.
14 Q
Did you mean to include in your answer 15 anything that was said about the users group meeting, 16 or were you just focusing on the NRC bulletins?
17 Let me ask you this:
What was said about 18 the users group meetings?
19 A
I think you asked me that before and I said I 20 didn't recall what was said specifically.
21 Q
Do you recall any expression by
(.
22 anybody at that meeting of dissatisfaction with 23 the NRC's bulletins, circulars, or notices?
[)
24 -
A I' don't recall whether there was or was not.
~s 25 Q
Do you recall any expressions of
~ __
i
[
1 Harbin 357
- O 2
dissatisfaction with the users group meetings?
3 A
I don't recall whether there was or was not.
4 Q
Do you recall any expression of satisfaction
(
5 with either the NRC or users group meeting?
l 6
A I recall -- the answer to that question is no.
7 I recall that the discussion related with the GORB's 8
expectation as to what notices, circulars and bulletins s
9 should do, and I don't recail any comments on what 10 they had done in the past.
Whether there was any i
11 satisfaction or dissatisfaction, i.
12 Q
Do you recall any mention made of the i
13 B&W operating plants service bulletins or the newsletter?
14 A
No, I don't recall any mention of that.
15 Q
Do you recall any discussion at all about 16 B&W's information, the kind of information B&W 4
17 provided t'o Metropolitan Edison?
t 18 A
You are referring to discussions only during 19 that particular meeting?
4 20 Q
Yes.
i 21 A
I don't recall that it was at that particular
(
. 22 meeting, but I recall that'during a meeting that 23 may have been that meeting that the purpose of 24 having a B&W employee represented on the GORB j.
25 committee was to insure that the de' tails of operating 4
-a
-..,-w,.
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.cn,
.-,,,,e---o,
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, - -, ~. -, - -
1 Harbin 358
/~'N N) 2 experience at other facilities would be related to l
~
3 TMI-1 and also that they would be emphasized 4
appropriately.
(
5 Q
Do you recall who participated in that 6
discussion?
7 A
I recall that Mr. Schuler was in attendance 8
during that discussion.
9 Q
Do you recall that he made that 10 statement?
11 A
I don't recall who made that statement.
12 Q
Why is it you recall Mr. Schuler was O
13 in attendance?
14 A
Why do I recall now?
15 Q
What is it about the meeting and 16 Mr. Schuler's being in attendance there but you 4
17 can't recall who made the statement?
18 MR.'MacDONALD:
If anything at all.
19 Q
Did he say something?
Is there a reason 20 why you rememberEhe was there?
t 21 A
I recall that at the time I felt that it was a 22 politically sensitive issue and that I was glad to 23 see that it was being discussed in his presence.
k_),
24 Q
Why were you glad to see it was discussed L
i 25 in his presence?
1 Harbin 359
/~'V) 2 A
One reason that I recall is that during the 3
meetings that I attended in which Mr. Schuler was 4
in attendance, I didn't feel that he added much
(
5 as a general rule to either discussions relating 6
to internal GPU affairs and especially to affairs 7
that were generic issues to B&W operating plants.
8 Q
What was your view of the role he was 9
supposed to be playing in those meetings?
l 10 A
The role of the B&W expert who was there to l
11 offer his technical expertise in any discussions 12 relating to generic B&W plant problems or operating 13 experience, or if there were any events that occurred 14 at TMI-1 that may not have been identified previously 15 to members of Met ED or GPU, that he would bring 16 that to the attention of the GORB at the time of the 17 meeting.
18 Q
If I understand you correctly, are you 19 saying he would bring to the attention of the GORB 20 events that occurred at TMI-1 or TMI-2 about which 21 the GORB had not been informed by its own people?
22 A
No, that upon hearing of the events at TMI-l
~
23 and not just events but for example component
(]
24 failures.
25 Q
That occurred at TMI-17
1 Harbin 360 f3 V
2 A
Yes.
If he had knowledge of similar failures 3
at other plants that would indicate some generic 4
problem, that he would bring that to the attention
(
5 of the GORB.
6 Q
Do you recall specifically ever sitting 7
in a meeting of the GORB with Mr. Schuler present 8
in which he did not speak up and you thought he 9
should have?
10 A
I don't recall any specific instances of that.
11 Q
Do you have 12 A
As I mentioned a few minutes ago, it was my O
\\_/
13 general impression that he was a very quiet individual 14 that contributed very little to the meetings.
15 Q
Were you ever present at any other GORB 16 meeting in which there was another representative 17 from B&W other than Mr. Schuler?
18 A
Yes, I was.
19 Q
Who was that?
20 A
I don't recall his name.
21 Q
Would you have the same thing to say 22 about that individual as you do about Mr. Schuler?
23 A
No, I don't recall the individual.
I don't 13 24 recall anything about him other than that there was 4s-)
25 another individual.
i Harbin 361 2
Q From whom did you get your impression 3
of what role the B&W individual should perform on 4
the GORB?
Your impression or your knowledge.
(
5 A
I don't recall by whom I received that 6
information, but I do recall a discussion that.was 7
related to the membership of the committee and that 8
I had questioned why there were members from other 9
utilities, companies and how the division was made 10 as to what companies and/or utilities were represented.
~
11 Q
When did that discussion take place?
12 A
I don't recall.
13 Q
was it after the accident at Three Mile 14 Island?
~
15 A
I don't recall whether it 'was or wasn't.
16 g
Did you keep any notes from the meeting 17 of the GORB that we have been talking about, the one 18 you recall you attended?
19 A
I don't recall that I did.
20 Q
If you did keep them, would they be in 21 your files?
22 MR. MacDONALD:
You are asking if he had 23 a general practice as to the notes of GORB
/~h i
i 24 meetings?
U 25 MRd. VAUGHAN:
Yes.
1 Harbin 362 0
2 A
My general pract' ice was to file any notes 3
that I took or may have taken during the meeting in 4
the superintendent's file.
5 Q
By the superintendent's file, are you 6
referring to a file that the superintendent maintained 7
relating to the GORB meeting itself?
8 A
Yes.
9 Q
Do you know whether the supe rinte nde nt 10 maintains or maintained individual files for each 11 GORB meeting?
12 A
Yes, I do.
13 Q
What does the superintendent do or what 14 did he do?
15 A
Depending on the period of time, there was 16 either no file at all on a particular meeting,and 17 for some meetings examples of items that would be 18 retained in a file on the particular meeting would 19 be the agenda, a listing of individuals that made 20 presentations on various agenda items, drafts of 21 those presentations, notes taken during the meeting,
{
22 draft minutes following the meeting, and then final 23 minutes following the meeting.
) -
24 Q
Do you know --
25 A
Those are the two extremes, as far as some
=
1 Harbin 363 s
%/
2 files containing nothing or no e xis ting files 3
for some meetingssto whut I just described.
4 Q
Do you know whether there is a file for
(
5 this particular meeting that we are talking about?
6 A
No, I don't know that.
7 Q
Do you have an understanding that there 8
is a file for this meeting?
9 A
For what meeting?
10 Q
About which we have been talking, the 11 one where you were present and there was a discussion 12 of sources of information?
13 A
I don't know that there is.
14 Q
other than the changes that you identified 15 earlier -- excuse me the results, if you will, 16 from this discussion, that is, you identified a 17 plant analysis group, and you said Unit 1 gets 18 reports from NS,AC or NSAQ.
Are you aware of any 19 changes which were made in the process for acquisition 20 and use of information resulting from this GORB 21 action item 31?
22 I will rephrase the question.
23 Are you aware of any changes which were
()
24 made in the process of acquiring and use of 25 information about incidents at other nuclear plants
1 Harbin 364 OU 2
that resulted from the GORB action item number 317 3
That is Exhibit 74.
Just to make it clear, what 4
I am focusing on is any changes which might have
(
5 been made between this time and the accident.
6 A
In direct response to this 7
Q As you understood that it was perhaps 8
responding to that.
9 A
I don't know of any.
10 Q
Do you know of any changes at all 11 whether or not you understood them to be made from 12 this action item about the process by which Met ED i
)
13 and GPU acquired and used information about other 14 facilities?
15 A
I have already described two organizations 16 that have been established to disseminate operating 17 experience information since the accident.
18 Q
Is that the INPO organization?
19 A
NSAQ and plant analysis group, but 20 Q
They were established after the accident; 21 is that right?
22 A
That is my understanding.
23 Q
Do you know of anything that was
- (Oj 24 established prior to that, any changes?
25 A
Let'me finish answering that question.
I don't
__~ _
1 Harbin 365
(
2 know that they performed the. review any differently 3
than the review that was performed before their 4
establishment, the review being the review of LER
(
5 summaries, for example.
6 Q
Did anything change in the way you 7
reviewed the mail that came into the Unit 1 8
superintendent between June 1978 and March of 1979?
~
9 A
I don't recall whether there were any changes 10 during that period of time.
11 Q
In your testimony in the last day or 12 two, you have referred to action items;,i s that 13 correct?
14 A
I have used that term.
15 Q
Is this the kind of an action item that 16 you had in mind when you used that term, this GORB 17 action item number 317 18 MR. MacDONALD:
Whether each time he 19 used the term action item in his previous 20 testimony you could equate that with GORB 21 action item 31?
22 MRS. VAUGHAN:
No, whenever he used the 23 phrase whether this would be the kind of an
()
~24 action item which would fall within the use 25 of his word or whether there are other kinds
.~.
1 Harbio 366
('T V
2 of action items to which you were referring 3
and as to which this would not be encompassed 4
by.
(
5 A
In referring to the term action item yesterday, 6
I hadn't thought specifically of a GORB action item.
7 Q
Do you keep track in your job of action 8
items, not that you follow through yourself, but 9
did you see that others follow through and com'plete 10 the action item when they are required to?
11 A~
I have some responsibilities for some action 12 items, for doing that with some action items.
(3 13 Q
Would a GORB action item be encompassed 14 within your responsibility?
15 MR. MacDONALD:
You are asking was it 16 ever?
17 MRS. VAUGHAN:
Yes, with regard to this 18 particular one.
19 A
Yes, it was.
20 Q
Was this particular one, B&W Exhibit 74, 21 one of those that fell within your responsibility?
22 A
I don't recall whether it was or not.
23 Q
Would you in the normal course of business r~%
(
)
24 have any dealings with Mr. Lawyer regarding his 25 area of expertise?
1 Harbin 367 O
2 A
Yes, infrequently.
3 Q
How about Mr. Kunder?
4 A
Yes, for a certain period of time.
(
5 Q
Is there anything about the nature of 6
this GORB action item by which you could tell that 7
you did not have anything to do with it?
Is there 8
anything in the subject matter of the action item 9
or the people to whom it had been assigned that would 10 indicate to you that you would not have had any 11 responsibility for making sure it was completed on 12 time?
13 MR. MacDONALD:
He already answered he t
14 doesn't recall.
15 MRS. VAUGHAN:
I am just probing his i
16 recollection, seeing if I can't get him to 17 recall.
18 A
I don't recall ever having seen this document.
19 Q
With reference t s.
2&W Exhibit 208, the i
20 letter to Mr. Kemeny, do you know who did prepare 21 this letter?
22 A
No, I don't know who prepared this.
23 Q
And by that, I take it you also don't 24 know who did assist in the preparation of this in 25 any way?
1 Harbin 368 f'T
(
/
2 A
No, I don't know.
3 Q
Do you know anyone who would know?
4 MR. MacDONALD:
You mean aside from
(
5 Mr. Arnold?
6 A
I was going to say Mr. Arnold might know.
I 7
don't know.
8 Q
You don't know?
9 A
No.
10 MRS. VAUGHAN:
I would like to mark as 11 an exhibit, B&W Exhibit 210 excerpts of an 12 interview with Mr. James L.
Seelinger on s
13 September 5, 1979.
I assume it is before the 14 Rogovin Commission, but I don't know for sure.
15 (Excerpts of an interview with 16 Mr. James L.
Seelinger on September 5, 1979 17 marked B&W Exhibit 210 for identification, 18 as of this date.)
19 Q
For your reference, if you want to look, 20 here is the full interview.
Have you had an 21 opportunity to review the testimony given by 22 Mr. Seelinger?
23 A
Yes, I have. the portion presented here, A
i )
24 Exhibit 210.
25 Q
Mr. Seelinger in his testimony refers to 1
- 2
)
1 Harbin 369 2
a determination made recently with respect to the 3
Current Events-Power Reactors.
Is that your 4
understanding from having read this testimony?
(
5 MR. MacDONALD:
The testimony speaks 6
for itself.
You can ask him questions.
7 MRS. VAUGHAN:
I just want to make sure 8
MR. MacDONALD:
If you want to direct 9
him to where it says that, fine.
10 MRS. VAUGHAN:
I want to make sure we 11 understand what the testimony says together.
12 A
Where do you see that?
, O 13 Q
on page 48.
14 A
Where?
15 Q
The middle of the page, " Question, You 16 said you had made a determination of this recently.
17 Who looked into this?
Do you know?"
18
" Answer,.I did."
19
" Question, You did?"
20
" Answer, And my assistant did."
21
" Question, Who?"
22
" Answer, Ron Harbin."
23 Do you recall Mr. Seelinger asking you b) 24 to look for the Current Even;s-Power Reactors
(,
25 publication to determine whether it had been received m.~
1 Harbin 370
/~T N].
2 by the Unit 1 superintendent?
3 A
It is unclear to me in this testimony whether 4
Mr. Seelinger was referring to for example when
(
5 he says we did not realize that our not seeing those 6
particular publications in Unit 2,
that portion of the 7
sentence implies to me that he was in Unit 2,
8 and I never reported to him while he was in any 9
capacity serving in Unit 2.
10 Q
But the question still remains, did you 11 at any time perform any kind of a search for i
12 Mr. Seelinger to determine whether or not the Unit 1 i
/"N 13 superintendent had received the Current Events-Power 14 Reactors issue discussing the Davis-Besse event?
15 A
I don't recall doing so.
16 Q
Do you recall doing any kind of a search
[
17 or making any kind of a determination for Mr. Seelinger i
l
~
18 with respect to what publications were received l
19 regarding the Davis-Besse incident?
20 A
No, I don't recall that I did.
l l
21 Q
Was Mr. Seelinger the Unit 1 superintendent 22 and therefore your boss in September 1979 when he 23 gave this testimony?
(~%
(,)
24 A
Yes, he was.
25 g
was he your boss at the time of the
i
.1 Harbin 371 2
accident?
3 A
YG3.
4 4
Q Is there anyone else that you know of
(
5 that Mr. Seelinger asked to perform administarial a
6 functions for him?
~
7 MR. MacDONALD:
At any point in time i
8 during Mr. Seelinger's employment?
1 9
MRS. VAUGHAN:
From the time of the 10 accident until the time of this testimony 11 that he.has given here.
12 A
one person that I know he asked to perform O
13 administrative functions was his secretary.
14 Q
Would he ask his do you know of any 4
15 time he asked his secretary to search the files to 16 find if a publication was there?
17 A
I don't recall any specific requests of that
~
18 nature.
19 Q
Would it be his normal practice to ask 20 you to look whether a publication came in?
21 MR. MacDONALD:
Is that assuming he had 22 a normal practice?.
23 MRS. VAUGHAN:
- Yes, l
i 24 A
It would depend upon the publication or the 25 document.
l h
--.-.... -.-~.
1 Harbin 372 2
Q How would it depend on the publication 3
or the document?
l 4
A He had some knowledge as to which files I
(
5 maintained and which files his secretary maintained, 6
and if he knew that it was a document that I maintained 7
in my files, then his general practice would have 8
been to ask me.
9 Q
Was Current Events-Power Reactors 10 something you maintained in your files or something 11 his secretary maintained in her files?
12 A
Something his secretary maintained.
O
\\/
13 Q
What was his secretary's name at the 14 time?
15 A
At what time?
16 Q
The time of this, between the accident 17 and the time of this testimony?
4 18 A
One secretary's name was Donna Kent, and I 19 don't recall if there were others.
20 Q _
Do you know whether Donna Kent was his 21 secretary during this time?
22 A
No, I don't recall.
23 MRS. VAUGHAN:
I would like to mark as
/~.
(J\\,
24 B&W Exhibit 211 a memorandum dated. August 27, 25 1979-from R.
S.
Harbin to Don Reppert and a.
1 Harbin 373 0
2 second memo from Mr. Miller to Mr. Reppert 3
dated July 12, 1979.
4 (Two memos, one dated August 27, 1979 k
5 from R.
S.
Harbin to Mr. Reppert, the,second 6
dated July 12, 1979 from Mr. Miller to 7
Mr. Reppert marked B&W Exhibit 211 for.
8 identification, as of this date.)
9 Q
Have you had an opportunity to review 10 B&W Exhibit 2117 11 A
Yes.
12 Q
Did you write this memo that is dated O-13 August 27, 19797 14 A
Yes, I did.
15 Q
Who was Mr. Reppert?
16 A
At the time, I believe he was the GORB 17 secretary.
18 Q
Did you write to him in that capacity 19 or in some other capacity?
j 20 A
Yes, I did.
21 Q
Why did you write the memo?
22 A
I don't know why I wrote the memo.
23 Q
Did Mr. Miller ask you to write it?
(G,)
24 A
I don't.know why I wrote it.
25 Q
Do you recall writing-it?
1 t
Harbin 374 C'\\
U 2
A Yes, I do.
3 Q
But you don't recall why you wrote it?
4 A
No, I do not.
(
5 Q
Did you have any occasion to look at 6
Bsw Exhibit 74 before you wrote it?
7 A
Could you repeat that?
8 Q
Did you review B&W Exhibit 74, the GORB 9
action item 31, before you wrote this memo?
10 A
I believe I already testified that I don't 11 recall ever having seen this.
12 Q
So you don't recall having looked at O
13 that before you wrote this memo?
14 A
Yes, that's correct.
~
15 Q
Do you recall receiving Mr. Miller's 16 memo or reading Mr. Miller's memo dated July 12, 17 19797 18 A
Yes.
19 Q
Does the mention in. his memo of the 20 July 1979 meeting refer to the GORB meeting, to 21 a GORB meeting?
22 A
I don't know what meeting that refers to, 23 Q
You are not aware of any July 1979 24 meeting that he refers to at which item 31 was 25 discussed?
. - ~
1 Harbin 375
[')N L
2 A
No, I can't be sure what meeting that is 3
referring to.
4 Q
Do you have an understanding of what
(
5 meeting that is referring to?
6 A
I can only speculate as to what meeting that 7
was.
8 Q
In Mr. Miller's memo, Mr. Seelinger 9
is indicated as receiving a copy.
Would it be your 10 general practice to review Mr. Seelinger's copies 11 oE memos in your capacity as assistant to the Unit 1 12 superintendent?
/~T
-l 13 MR. MacDONALD:
You are asking him was it?
14 MRS. VAUGHAN:
Yes.
15 A
I believe I testified two days ago that in 16 my capacity as assistant to Mr. Seelinger, I 17 reviewed correspondence other than personal and 18 confidential correspondence, this falling into 19 that category.
20 Q
Does seeing his name on Mr. Miller's 21 memo refresh your r.ecollection at all that 22 Mr. Seelinger asked you to respond to the memo?
23 A
I don't recall if Mr. Seelinger did request f
i 24 me to respond.
%./
25 Q
Do you recall that Mr. Seelinger asked you
l I
Harbin 376 r~s
.r 2
to take any kind of action on the memo?
3 A
No.
4 Q
In your memo, you grouped the documents
(
5 discussed under A, B and C.
6 A
Yes.
7 Q
It also appears Mr. Miller groups those 1
8 documents in the same fashion from his memo.
Is 9
there any significance to that grouping?
10 A
You are asking me at this point in time do i
11 I place any significance on the way this is grouped?
12 Q
When you wrote the memo?
At the time 13 you wrote the memo, was there any significance to 14 the grouping?
15 A
I don't recall that there was.
16 Q'
Do you have any understanding of a 17 significance to those grospings?
18 MR. MacDONALD:
At the time you wrote 19 the memo?
20
.MRS. VAUGHAN:
At the time; or even 21 now subsequently.
22 A
No, I do not.
23 Q
Under group A, when you are referring
' (s)~
24 to the NRC bulletin, circulars and notices, you 25 indicate that reviews are performed by the unit
- l
t -
1 Harbin 377 O
2 superintendent, and this copy says unit 3
superintendent-technical support.
4 Did you mean to include both, or is
(
5 there a typographical error there?
4 6
MR. MacDONALD:
You are asking him for 7
his recollection at the time'he wrote it?
8 MRS. VAUGHAN:
That's right.
9 A
It was intended to mean both.
10 Q
Did you mean by that that both the unit 11 sup erintendent and the unit superintendent-technical 12 support received copies of the NRC's bulletins, O,
13 circulars and notices simultaneously, or would the 14 unit superintendent route them to the unit 15 superintendent-technical support?
16 A
It was my understanding at the time that they 17 both received them simultaneously.
18 -
Q And it was up to the unit superintendent i
19 technical support to determine whether Licensing or 20 TMI will respond?
- 21 A
I don't recall now.
~ 22 Q
Whether --
23 A
What the method was at the time.
I read in n
(}
24 this exhibit that that.is what it says.
25 Q_
By TMI, did you mean that people on site, O
~
1 Harbin 378 2
staff on site?
3 A
In referring to the two organizations, Licensing 4
or TMI, Licensing and TMI, that refers to whether
(
5 the response would originate from Licensing or 6
whether it would originate from some member of the 7
staff on site.
8 Q
This was written in August of,1979.
Did 9
that process represent anything new since the 10 accident, or was that what had been done before the 11 accident?
12 MR. MacDONALD:
What process?
r~
\\
(
N-13 MRS. VAUGHAN:
The process described in 14 the NRC bulletins, under group A.
15 MR. MacDONALD:
He testified he doesn't 16 recall everything about that.
Are you 17 referring directly to the Licensing and TMI 18 that came up in his last answer?
19 MRS. VAUGHAN:
No, I am referring to 20 the whole paragraph.
21 A
The whole paragraph group A?
22 Q
No, the whole paragraph,_ _NRC bulletins, i
23 circulars and notices.
[ T 24
.V (Question read by the reporter.)
c i
25 A
I don't recall.
l
+..
i 1
Harbin 379 2
Q Under "LERs - Old Method," what did 3
you mean by "old method"?
4 A
I don't recall what I meant by that.
(
5 Q
Do you recall that at this time or shortly 6
after this time there was a new method of distribution 7
for the LER's?
8 A
I don't recall that there was any method for 9
distribution of LER's.
10 Q
When you described the distribution of 11 LER's, were you describing a distribution that you 12 did or that somebody else did?
(k 13 A
My understanding of this paragraph is bhat 14 it doesn't refer to distribution of LER's.
15 g
what does it refer to?
16 A
Summaries of LER's.
17 Q
How do you understand that?
18
-A How do I understand what?
19 Q
That it refers to summaries of LER's, 20 A
By reading this sentence.
21 Q
Is there a sentence there that implies, 22 that says there is a summary of LER's?
23 A
It says, " List of industry LERs (approximately
(~N
(_,)
24 100 to 150) contained in every third or fourth bi-weekly 25~
Atomic Energy Clearing House. (See Group B below. ) "
1 Harbin 380 4
O 2
Q If it is a list of industry LER's or 3
summary, does that describe the distribution of 4
those, that is, they were routed to all lead
(
5 engineers?
6 MR. MacDONALD:
You are talking about 7
as of the 27th of August?
l 8
MRS. VAUGHAN:
Yes, the date of the memo.
9
'A That was the practice during some period of 10 time in which I reviewed the Atomic Energy Clearing 11 House.
12 Q
Were you the one who made the distribution b
\\/
13 of the list of industry LER's to the lead engineers, 14 or did somebody else do that?
15 A
I did that.
16 Q
And that was' a lis t as found in the i
17 Atomic Energy Clearing House publication as is
{
18 described in this paragraph; is that correct?
19 A
Yes.
20 Q
Now that we have focused on the fact 21 that it is a list of industry LER's, does that change 22 your testimony in any way about what is meant by 23 "old method"?
(m}
24 A
I don't know what it meant by old method.
25 Q
But you did write it?
1 Harbin 381 0
2 A
I testified that I wrote this memo.
3 Q
Did you have anyone assisting you on 4
this memo, in the writing of this memo or the
(
5 gathering of the information?
6 A
Not that I recall.
7 Q
How about under Group B?
8 (Recess taken.)
9 BY MRS. VAUGHAN:
10 Q
I believe we were up to Group B documents.
11 The first item under group B, Current 12 Events-Power Reactors / Operating Experiences.
13 Does the operating experiences after 14 the slash indicate another publication, or is 15 that just one publication?
16 MR. MacDONALD:
You are asking for 17 his understanding?
18 MRS. VAUGHAN:
Yes.
19 A
My understanding at the time was that there 20 were two separate publications, and I grouped both 21 publications into one heading, because I perceived
-k 22 both publications to be very similar in content.
23 Q
Are both publications published by the
(~
\\q 24 NRC?
25 A
That is my understanding.
',)
s, 1
Harbin 382 0
2 Q
Is that your understanding today?
3 A
Yes, it is.
4 Q
What is the Operating Experiences?
I
(
5 am not sure I am familiar with that publication.
-6 A
It is a document published by the NRC that 7
provides descriptions of operating experiences at i
8 other facilities, nuclear facilities.
9 Q
Is it published at the same time that r
1 10 Current Events-Power Reactors is published?
The 11-same schedule?
12 A
I don't know.
13 Q
What kind of a format is it in?
14 A
To the best of my recollection, Operating' 15 Experiences documents were as a general rule six.
16 to ten pages in length and often described between 17 five and ten incidents or findings or eventsat 18 other plants, and those events were only categorized-19 by event and not for example as the current i
s; 20 Events-Power Reactors that we reviewed as an' earlier
\\
c,.
21 exhibit was categorized.
22 Q
Have any of the exhibits that we have
- 23 talked about.-in the course of this deposition been
.f )
' 24 the Operating Experiences to which you have re'ferred J
i
- xJ y
, 'l
- 25
.to here?
5 l
p
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l i
l 1
Harbin-383 2
A No, I don't recall seeing any.
3 Q
Have you mentioned the Operating 4
Experiences before now as a publication that you
(
5 reviewed?
' 6 A
I mentioned yesterday, I believe, either one i
7 or two other publications that were very similar 8
in nature to Current Events-Power Reactors,'and 9
I didn't recall at the time yesterday what the 10 title of those publications were or publication was.
,\\
r.
11
-,3 y, Q
Do you recall now that the title is
.r 12 :
Operating Experiences?
t 13 A
That may not be the complete title, but in 7
14 essence that is the title.
r 15 Q
Do you recall for how long you had been i
N --
16 reviewing Operating Experiences as an assistant to 3
17 the Unit 1 superintendent?
[
- 18. '
A' No, I do not.
^
' '" (
19 Q
You have.no recollection whatsoever?
r x
?
20 A
4 As I testified yesterday, I recall receiving s '
k
- 21 the Current Events-Power Reactors publication and 3
4
'23 rother publications, one or two, that were very'
.g 23 similar in nature, so similar that I was unable to
)
1
.c 24 determine what the difference was and gave me an 25 impression of or gave me a lack of confidence in that h.
.._c,_..
1 Harbin 384 h
's_/
2 publication or those publications as a complete 3
source of information on operating experience.
4 Q
I am not sure I understand your last
(
5 answer.
6 What gave you a lack of confidence in 7
the publication?
8 A
I recall thinking that I would have more 9
confidence in the publication if the title had 10 remained consistent and if each issue received 11 covered a specific period of time, and I recall that 12 some issues of these documents covered a period of O
13 time.
I recall that the periods of time or I recall 14 believing that the periods of time were not 15 always equal.
I recall that some reports simply 16 had a date at the top of the document and no indication 17 as to the period of time that was covered, and 18 because of the differences in titles, I recall 19 questioning in my mind whether the same organization 20 had performed the review and had provided input to 21 the document, and therefore whether it was the same 22 kind of a review.
23 Q
When you say these documents, do you (A) 24 mean to include the document Current Events-Power 25 Reactors?
1 Harbin 385
\\ -
2 A
Yes, I do.
3 Q
It was your impression that Current 4
Events-Power Reactors or your understanding that
(
5 it frequently changed titles and that it did not 6
come out at the same time and that the dates were l
7 not always the saue and that it wasn't clear which 8
dates were being covered by it?
9 MR. MacDONALD:
I object to the form.
10 That is about four questions.
11 MRS. VAUGHAN:
I am including within 12 that the items he listed.
13 MR. MacDONALD:
I don't think he said 14 frequently.
15 Q'
came out with the same degree of 16 regularity or at the same time?
?.
- 17 A
I didn't say that.
I made reference as to 18 the period of time that the report covered.
19 Q
Did the report itself come out with the 20 same regularity?
You describe it here as approximately 21 bi-monthly.
I assume that is what you mean by the 22 sign, the small upside down crosswise S.
23 MR. MacDONALD:
Is that what you are 24 asking what he meant?
25 MRS. VAUGHAN:
Yes.
l l
1 HARBIN 386
'7
/
4 U
2 A
Yes, that is what I meant, approximately 3
bi-monthly.
4 Q
Did the Current Events-Power Reactors
(
5 come out bi-monthly on a regular basis?
6 A
I don't know that.
7 Q
You don't know when it came out?
8 MR. MacDONALD:
He answered.
You asked 9
him two questions and he said I don't know 10 that.
11 Q
Do you know when the Current Events-Power 12 Reactors was published 7 13 A
Do I know when a particular issue was published?
14 Q
Do you know as a general matter that the 15 Current Events-Power Reactors was published on a 16 bi-monthly basis by the NRC?
17 A
No.
18 Q
You don't know that?
f 19 A
That's correct.
20 Q
Do you know at any time when it did not 21 come out on a bi-monthly basis?
22 A
I don't recall any.
i i
23 Q
Did you keep a log of Operating Experiences
{
A! )
24 as you received them?
25 A
When?
4 w
e e
3.----
y
,-e
--v r---
,-r
=
1 Harbin 387 O
2 Q
Whenever you received them, at any time.
3 A
To the present day?
4 Q
That's right.
(
5 A
Yes, I testified yesterday that I keep a log 6
and have kept a log of NRC bulletins, circulars and 7
notices, since the beginning of 1980 to the present 8
time.
9 Q
Do you'mean to include in that Operating 10 Experiences?
11 A
Could you clarify that ques tion?
12 Q
The question stands.
Operating Experiences, I\\-
13 is that an NRC bulletin?
14 A
Operating Experiences are provided by circulars, 15 notices and bulletins.
16 Q
Is that what you mean by Operating 17 Experiences?
18 A
Are you referring to the document Current 19 Events-Power Reactors or Operating Experiences?
Or 20 are you referring to operating experiences?
21 Q
I am referring to Operating Experiences.
22 Is that the name of a document or is that just a 23 general description?
I~D 24 MR. MacDONALD:
As it is used here in LJ 25 this document?
4 1
1 Harbin 388 OV 2
MRS. VAUGHAN:
That's right.
He 3
previously testified that Current Events-Power 4
Reactors and Operating Experiences are two
(
5 separate documents.
O Q
Is that correct that they are two 7
separate documents?
O A
Yes, I believe that is true.
9 Q
Looking at Operating Experiences, is 10 that the title of the document or is that a general 11 classification of documents?
12 A
It is either the title of a document or in 13 essence the title of a document.
14 Q
Then aren't NRC bulletins, circulars 15 and notices separate documents from that?
16 A
Yes, that's correct.
17 Q
So that when you testified that you keep 18 a log of NRC's bulletins, circulars and notices, 19 you can't be including in that Operating Experiences _,
20 can you?
21 MR. MacDONALD:
The question was a log 22 of Operating Experiences.
I don't think he l
23 necessarily referenced it to a specific 24 publication as was the August 27, 1979 25 reference, and that is why he may have had it i
I 1
Harbin 389 2
confused with bulletins, circulars and I
3 notices.
Operating experiences can be just i
4 what the phrase says or it can be a publication.
(
5 MRS. VAUGHAN:
I am just 6
referring to the~ document that is referenced 7
here, Operating Experiences.
8 Q
Did you keep a log of Operating Experiences 9
as you received them?
10 A
No, I did not.
11 Q
Did you receive Operating Experiences in 12 1977,at any time in 1977?
O
\\-
13 A
I don't recall the period of time in which 14 I received that publication.
15 Q
Were copies of the publica' tion Operating 16 Experiences kept by you or within the Unit 1 17 superintendent's office?
18 MR. MacDONALD:
Could you break that down 19 because if you get a yes answer --
20 Q
Were they kept by you?
21 A
No.
22 Q
Were they kept in the Unit 1 superintendent's 23 office?
b-J 24 A
As a general practice, the ones that were q
25 received were retained.
I y
m e,
g-w40
-m w-
-e m
y w
y nm--
g
-~s
1 Harbin 390 OO 2
Q In the Unit 1 superintendent's office?
3 A
Yes, the Unit 1 superintendent's files.
4 Q
Do you see the first sentence under
(
5 Current Events-Power Reactors?
6 A
Yes.
7 Q
"These are," I think we agreed, 8
approximately, "bi-m nthly NRC publications ~."
And 9
thes parenthesis "(see attached)."
10 Did you attach those publications to 11 this memo?
This copy doesn't show that.
12 A
I don't recall that I did or didn't.
13 Q
Do you recall that you had any attachments 14 to this memo?
15 A
No, I don't recall that I did.
I don't recall 16 the memo well enough to recall that.
I can read 17 that there is a reference made to the memo from 18 Mr. Miller to Mr. Reppert, and I can see that that 19 is attached but I don't recall attaching it, a
20 Q
You don't recall attaching Mr. Miller's l
21 memo?
(_
i 22 A
That's right.
23
.Q Do you recall attaching anything else 24 to your memo?
25
.A No.
. ~.
1 Harbin 391 O[h 2
Q Would you have kept a copy of this memo i
3 in your files?
Would that be your normal practice?
4 A
Could you read the question again?
(
5 (Question read by the reporter.)
6 A
Yes, it would have been.
7 Q
Would that copy have also had copies of 8
the attachments with it?
Would that also be your 9
. normal practice?
10 A
Yes, that would be my normal practice.
11 Q
For how long do you maintain ~your files?
12 MR. MacDONALD:
Speaking of all his 13 files now?
14 MRS. VAUGHAN:
As a practice.
If there 15 is a difference, he can so state.
16 A
Yes, there is a difference.
17 Q
Would you describe that, please?
18 A
As a general practice, there has been maintained 19 a writer's file for memos and letters that I have 20 written, and to the best of my knowledge, memos, 21 those memos have been maintained or that file has 22 been maintained.
l 23 Q
Within your control, or in other words,
!}
's_/
24 did you send it on to a central filing system?
25' A
I don't recall.
1 Harbin 392
[')
kJ 2
Q You. don't know whether you have the 3
copies of the files yourself or you have sent them 4
on?
(
5 A
For some period of time I maintained the writer's 6
file myself when I was first employed by the company 7
and for some period of time after that.
No, 8
approximately the last three years, a secretary has 9
maintained a file.
10 Q
Is this the secretary that you share 11 with Unit 1 superintendent?
12 A
That's correct.
There have been four secretaries O
13 that I recall, and I don't recall the practice, 14 the specific practice of each.
15 Q
Wouldn't the secretary do what you told 16 her to do with your files?
17 MR. MacDONALD:
You are asking about 18 his statement of fact of his knowledge?
19 Q
Do you consider the files that your t
20 secretary maintained not to be within your control?
21 A
.I know that there are some files, some of my 22 writer's files, that have been sent to storage.
23 Q
At your instruction?
/m.
(_)
24 A
Yes.
25 Q
And which files were they?
d y
ee v
-ow-,
r-r e
l I
Harbin 393
[')
U 2
A I don't recall what period of time that covers.
3 Q
Are they an earlier period of time in 4
your employment with Met ED, for instance the
.C.
5 files for 19777
- 6 A
I don't recall what period.
7 Q
You don't recall what period of time you 8
have instructed your secretary to send your' files to 9
the main file?
10 A
That's correct.
11 Q
Do you know what happens to the files 12 when they get to main files?
13 A
No, that is out of my scope.
14 Q
Out of your scope or out of your control?
15 A
out of my area of knowledge and expertise.
16 Q
Have you ever sought to go back and get 17 an old file from main files?
18 A
Of my writer's files?
19 Q
or any file you had sent there.
20 A
Yes.
21 Q
Has it been returned to you?
22 A
I have located it.
23 Q
Have you ever had an occasion when they O
- 24 have said it has been destroyed?
qj 25 A
No, I have not.
4
._.,,..._--._,,_7-
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--,-r
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1 Harbin 394
<8 V;
i 2
Q Do you know whether there is a practice 3
in the main filing system to destroy files after a 4
certain period of time?
5 A
Not that I know of.
6 Q
As far as you know, copies of all of your 7
correspondence, your writer's files, should be 8
available either in your office, your secretary's 9
office or in the main files, is that correct?
10 A
Yes, I believe so.
11 Q
In this same paragraph we were looking i
12 at earlier, the one under " Current Events-Power V
13 Reactors," is there any log, did you keep any log 14 at the time you received the publications which 15 would indicate to whom they were sent?
Again we 16 are focusing just on the Current Events-Power 17 Reactors and the operating Experiences as a 18 publication described here.
19 A
No, there was no log maintained.
- However, 20 the general practice was to have the document that 21 was routed returned to me, and that document would 22 have indicated on it to whom it was routed.
23 Q
Would it have been written directly on i'
/~S
(_,,)
24 the document, or would it be your practice to staple 25 a small slip of paper?
1-Harbin 395
'('%)
2 A
It was my practice to write it directly on 3
the document.
4 Q
Would those who had received it indicate
(
5 they had received it by crossing out their names or 6
initialing as a general rule?
7 A
Yes, they would initial by their name as a 8
general rule.
9 Q
You also say, "The routed originals of 10 most issues since March 1,
1979 are on file in the 11 Unit 1 superintendent's office." Do you see that 12 sentence.
O
\\~'1
+
13 A
Yes.
14 Q
Is that still true today?
15 A
Yes, it is.
16 Q
It was my understanding from the testimony 17 that you have given so far that the Current Events-Power 18 Reactors publication has been maintained since before 19 March 1,
1979.
Am I correct in that understanding?
20 MR. MacDONALD:
Your understanding of 21 that being his prior testimony --
Of that being a fact.
23 A
could you repeat the question?
b)
.24 (Question read by the reporter.)
y, 25 A
Yes, that's correct.
_______.__.-____a
I Harbin 396
\\
2 Q
Why did you note here that you 3
just had the originals since March 1,
19797 4
A I don't know.
(
5 Q
Do you have copies of the operating
'6 Experiences going back earlier than March 1,
19797 7
Again, that as a publication.
8 A
I don't know what dates those cover.
9 Q
Do you know if they go back before 10 March 1,
1979?
11 A
They being the operating experiences documents?
12 Q
That's right.
13 A
I don't know.
14 Q
Do you know that they do not?
15 A
No, I don't know that they don't.
16 Q
In the paragraph under " Federal Register,"
17 you indicate that the review of the Federal Register 18 involves a five to twenty minute review.
19 How much time would the review of the 20 Current Events-Power Reactors documents have taken 21 you as a general practice?
22 MR. MacDONALD:
If there was one.
23 A
As a general practice, approximately 45 minutes.
/()
24 Q
Do you mean by that to cover only the 25 Current-Events-Power Reactors, that one publication?
l
(
1 Harbin 397 I1 I
v 2
A No, I mean that to cover both publications.
3 Q
How long would it take you as a general 4
practice to review just the one publication, the
(-
5 Current Events-Power Reactors?
6 A
I am sorry.
My answer was intended to cover 7
bo,th the Current Events-Power Reactors document as 8
it stands alone and to cover the Operating Experiences 9
document as it stands alone.
10 Q
Does that mean it took you145 minutes to 11 review each one?
12 A
That's correct.
13 Q
So it would be an hour-and a half to 14 review both of them?
15 MR. MacDONALD:
Assuming if he reviewed 16 them together.
17 MRS. VAUGHAN:
If he added them together.
18 A
I don't recall if they were ever reviewed j
19 simultaneously, meaning within the same day or 20 received within the same day, 21 Q
But you could review the Current Events-Power 22 Reactors publication in about 45 minutes, is that 23 your testimony, that one publication?-
f~()
j 24 A
No.
25 Q
What is your testimony?
1 Harbin 398
/
l r
(.
2 A
That as a general rule I would spend approximately 3
45 minutes reviewing either the Current Events-Power 4
Reactors document and the Operating Experiences
(
5 document.
'6 Q.
Together?
7 MR. MacDONALD:
Together meaning what?
8 Q
I am not understanding.
I just want to 9'
know the one document, Current Events-Power Reactors, 10 how long would it take you to review that document, 11 that one document, without regard to Operating 12 Experiences?
!\\-
13 A
As a general rule, it would take approximately 14 45 minutes.
15 Q
Do you know that in some instances the 16 routed originals did not get returned to you of 17 the Current Events-Power Reactors?
18 A
No, I don't know that.
19 Q
was it your practice to check the file 20 to see if all the publications were in your file?
21 MR. MacDONALD:
All what publications?
Of the Current Events-Power 23 Reactors.
\\
(
24 A
No, I don't recall that I ever had such a
\\_/
25 practice.
~._--
1 Harbin 399
- (9
~>
2 Q
Did you ever instruct the secretary whom 3
you shared with the Unit 1 superintendent to keep 4
track of that file and make sure that it was always
(
5 complete?
6 A
No, I don't recall having done so.
7 Q
So that if an original did not get 8
returned to you, you would not know?
9 A
For some period of time, I kept a copy of the 10 cover sheet that indicated the distribution and 11 placed that copy in the tic'kler file for some period 12 of time, approximately a month from the time of my O'"
13 review, for the purpose of insuring that the document 14 was returned to me.
15 Q
What would happen if you went to your 16 tickler file and found a copy of the cover sheet 17 but no document?
18 MR. MacDONALD:
You are asking whether 19 or not that ever happened?
)
20 Q
Did that ever happen?
21 A
I don't recall that it did.
22 Q
Does that mean that your set of Current 23 Events-Power Reactors is complete in your files?
24 MR. MacDONALD:
I object to the form.
sie 25 said he did it for some period of time.
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i 1
Harbin 400 (a~)
I 2
Q what period of time did you do it for?
3 A
I don't recall.
4 Q
For the period of time that you did it, k
5 did you ever have an instance when the document was 6
not returned to you?
7 A
I don't recall any.
8 Q
If the document wasn't returned'to you, f
9 would it be your practice to put a copy of the 10 cover sheet in your file?
11 A
I don't recall that I had a practice like that.
v' 12 Q
Do you recall approximately when you O#
13 had this practice?
Was it at the beginning of your 14 employment?
15 A
Approximately the beginning of 1978.
16 Q
Do you recall why you established this 1
17 tickler file and this practice?
18 A
Yes, I do.
19 Q
what was that reason?
20 A
So that I would have on file documentation as 21 to who had reviewed the various issues of the 22 document.
r 23 Q
Was there a particular incident or 24 occurrence that happened that triggered this practice?
25 A
No, not that I recall.
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Harbin I
O 401 I
Q Did you do it for all arded or distributed to the documents you others or just for Current Events-Power Reactors?
Could you restate the question?
Q Did I do what?
Did you keep this tickler file for
. cations you distributed?
all the No, this was the nly one I Q
recall.
Why just this l
one?
! I don't recall.
Q You don't recall why it was only this i Th
's correct.
one?
(Time noted:
4 :3 5 o ' clock P.M.)
RONALD STEPHEN HARBIN bed and sworn to before me day og 1981 a___7 -
O e
I 402 i
-'v CERTIFICATE 2
STATE OF NEW YORK
)
3
- ss.:
COUNTY OF NEW YORK
)
4 f
I, JOSEPH R.
DANYO a Notary Public of the State of New York, do hereby certify that the continued deposition of 7
RONALD STEPHEN HARBIN Was taken before 8
me on July 9,
1981 consisting 9
of pages 296 through 401 I further certify that the witness had been previously sworn and that the within (3
q) transcript is a true record of said testimony; That I am not connected by blood or marriage with any of the said parties nor interested directly or indirectly in the matter in controversy, nor am I in the employ of any of the counsel.
18 IN WITNESS WHEREOF, I have hereunto set my Paid thi's day of U J/ ~
, 3gg3,
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21 d~-7 m (O~-
OS H
R.
DANYO u
25 e
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a
i July 9, 1981 403 I NDE X WITNESS PAGE RONALD STEPHEN HARBIN (resumed) 297 i
Cvf E XH I B I T S B&W EXHIBITS FOR IDENT.
209 Document entitled " Final 330 Minutes Meeting #30" dated October 24, 1978 210 Excerpts of an interview with 368 Mr. James L.
Seelinger on September 5,
1979 i
211 Two memos, one dated August 27, 373 197 9 from R.
S.
Harbin to Mr. Reppert, the second dated
+
July 12, 1979 from Mr. Miller j
to Mr. Reppert j
I 6
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- ~ - - - -
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