ML20072J245
| ML20072J245 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 06/27/1983 |
| From: | Weiss E UNION OF CONCERNED SCIENTISTS |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8306300039 | |
| Download: ML20072J245 (6) | |
Text
-
.7 O
/I5 I
k
~
Nl.
'{}
g2' 9
UNITED STATES OF AMERICA h
NUCLEAR REGULATORY COMMISSION i.)
% 78 Y g' BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD '
'y
/
In the Matter of
)
)
METROPOLITAN EDISON COMPANY
)
Docket No. 50-289
)
( Restar t)
("Ihree Mile Island Nuclear
)
Station, Unit No. 1)
)
UNION OF CONCERNED SCIENTISTS' SUPPORT OF AAMODT MOTIONS F0f PROVISION OF INFORMATION The Aamodt's motion of June 21, 1983, seeks the provision of information relevant to the issues of management competence and integrity as to which the Appeal Board has invited written comment and oral argument on July 20, 1983 UCS supports the motion and believes it is justified as a request to the Board to order discovery under the NRC rules.
10 CFR ?.740 (b)(1) permits discovery "regarding any matter, not privileged, khich is relevant to the subject matter involved in the proceeding..."
After t'he prehearing conference, discovery is permitted "upon leave of the presiding officer upon good cause shown." (Id.)
The Aamodt requests cover information which is relevant not only to the subject of management competence and integrity currently before the Appeal Board but also to the new matters as to which the Appeal Board has specifically sought the input of the' parties (leak rate falsification, the 8306300039 830627 PDR ADOCK 05000289 g
y Staff proposal to proceed with restart without resolving issues of integrity, and GPU's proposal to reassign certain individuals).
Items 1, 3 and 9 are directly related to the leak rate falsification issue. While the pendency of this matter before a federal grand jury may dictate continued protection of material originating in the Department of Justice, we see no reasen why NRC's interviews and the underlying data, calculations and reports should be protected.
Indeed, we believe that all auch material should long ago have been presented to the ASLB and Appeal Board; to continue to withhold it is to ask the Appeal Board to resolve the management integrity issues on false pretenses, presenting the Appeal Board with the same dilemma faced by the Licensing Board, which felt itself forced to rule in a vaccuum.
Items 5 and 6 relate to the alIegations of TMI-2 cleanup workers Parks, King and Gischel that impreper procedures were bsed in the cleanup and that at least Phrks and King (UCS has not had access to the Gischel Affidavit) were r
barassed, intimidated and removed as a result of their efforts to correct these practices. This material is relevant insofar as it tends to demonstrate that the continuing pattern of GPU when faced with a problem is to deny its existence rather than to take forceful and efi'ective corrective action.
Earlier examples of this behavior include the Licensee's inadequate response to the cheating of operators (the " Wilson Investigation"), its inadequate response to the submittel of a materially false statement to NRC to obtain recertification of VV (the " Speaker Investigation"), and its continuing denial that leak rate data were falsified at TMI-2, despite the conclusions of a 1980 study performed by its own consultants, Faegre and Bensen.
This pattern bears directly on the acceptability of the recently surfaced plans by the NRC Staff and GPU to justify restart on the basis of a
o tempofarily reassigning certain individuals away from safety-related day-to-day tasks at.INI-1.
This pattern is compelling evidence that such reshuffling will not adequately address what appears to be a profoundly pervasive attitude characteristic of GPU.
Item 10 (the resumes of "new" employees) is also directly relevant to the acceptability of the reassignment proposals.
Items 4 and 7 relate to cryptic notifications by the staff that other allegations of dishonesty have been raised.
UCS believes that the parties are entitled to know the factual basis for and status of these allegations.
In summary, the Aamodts have requested material unquestionably relevant to the new information bearing on management competence and integrity.
None of this material was before the ASLB, nor was it reasonably available to the parties. They_ have established good'cause for the Appeal Board to issue an order directing the NRC Staff to produce this material.
It seems clear that the Appeal Board cannot authorize restart without addressing the serious questions of management competence and integrity which continue to swirl around GPU.
As the Aamodts note, NRC precedent requires the Staff to lay all relevant materials before the Board to enable it to adequately dispose of the issues before it.
Consolidated Edison Company (Indian Point Station, Units 1, 2 and 3), CLI-77-2, 5 NRC 13 (1977); Virginia Electric and' Power Company (North Anna Power Station, Units 1 and 2),
CLI-76-22, 4 NRC 480, 491 at n.11 (1976).
By the same token, the Appeal Board must resolve issues fairly placed before it on the basis of the best available information.
The parties are entitled to an opportunity to effectively particip' ate in this proceeding.
This opportunity cannot be frustrated simply because the Staff has delayed uncenscionably in bringing its information forward.
i
_t4_
."Iherefore, _UCS both supports and joins in the Aamodt motion and moves the Appeal Board to direct the Staff to ' produce the requested material.
Respectfully submitted, 7
Ellyn Weiss General Counsel Union of Concerned Scientists
. June 27, 1983 1
e f
N I
l 1
I-c
,,--,e.--e,--..m.,.
..~ _-,-,,----.
,O
'D1 (hc W
^ ' /,N CN
,e UNITED STATES OF ANERICA E
3 3 9
s 9:
NUCLEAR REGULATORY COMMISSION D.
p; JUN 29 Gu
.i 3
BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARDa E.
,J crM mM
,;g t:
\\
'\\ 'D:g.] ",.y.'
~^
\\
bh In the Matter of 3.v
)
METROPOLITAN EDISON COMPANY
)
Docket No. 50-289
)
(Festar t)
('Ihree Mile Island Nuclear
)
Station, Unit No. 1)
)
CERTIFICATE OF SERVICE I hereby certify that copies of " UNION OF CONCERNED SCIENTISTS' SUPPORT OF AAMODT MOTIONS FOR PROVISION OF INFORMATION have been served on the following persons by deposit in the United States mail, first class postage prepaid, this 27th day of June 1983, except as note,d by an asterisk.
Nunzio Palladino, Chairman Dr. Linda W. Little U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D.C. 20555 Board Panel-5000 Hermitage Drive John Ahearne, Commissioner
' Raleigh, North Carolina 27612 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Professor Gary L. Milhollin 4412 Greenwich Parkway James Asselstine, Commissioner Washington, D.C. 20007 U.S. Nuclear Regulatory Commission Washington, D.C. 20555
- Judge Gary J. Edles, Chairman Atomic Safety and Licensing Victor Gilinsky, Commissioner Appeal Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washingtor, D.C. 20555 Washington, D.C. 20555
'Ihomas Roberts, Commiss'ioner a Judge John H. Buck U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D.C. 20555 Appeal Board Panel U.S. Nuclear Regulatory Commission Ivan W. Smith, Chairman Washington D.C. 20555 Atomic Safety and Licensing Board Panel a Judge Reginald L. Gotchy U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D.C. 20555 Appeal Board Panel U.S. Nuclear Regulatory Commission Dr. Walter H. Jordan Washington D.C. 20555 Atomic Safety and Licensing Board Panel
- Judge Christine N. Kohl 881 West Guter Drive Atomic Safety and Licensing Oak Ridge, Tennessee 37830 Appeal Board Panel U.S. Nuclear Regulatory Commission
,e.
Mrs. Marjorie Aamodt Ms. Gail B. Phelps R.D. #5 245 West Philadelphia Street Coatsville, Pennsylvania 19320 York, Pennsylvania 17404 Robert Adler, Esq.
Steven C. Shelly Assistant Attorney General Union of Concerned Scientists 505 Executive House 1346 Connecticut Ave., N.W.
P.O. Box 2357 Suite 1101 Harrisburg, Pennsylvania 17120 Washington, D.C. 20036 Louise Bradford Joseph R. Gray Three Mile Island Alert Office of Executive Legal Director 325 Perfer Street U.S. Nuclear Regulatory Commission Harrisb urg, Pennsylvania 17102 Washington, D.C. 20555 Jordan D. Cunningham, Esq.
George F. Trowbridge, Esq.
Fox, Farr & Cunningham Shaw, Pittman, Potts & Trowbridge 2320 North Second Street 1800 M Street, N.W.
Harrisburg, Pennsylvania 17110 Washington, D.C. 20036 Dr. Judith H. Johnsrud Docketing and Service Section Dr. Chauncey Kepford Office of the Secretary Environmental Coalition on U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Nuclear Power 433 Orlando Avenue State College, PA 16801 fJ William S. Jordan, III f
/
Harmon & Weiss g
1725 I Street, N.W.
L-Suite 506 g
Washington, D.C. 20006 John A. Levin, Esq.
- Hand delivered to 4350 East-West Hwy.,
Assistant Counsel Bethesda, Maryland.
Penn' ylvania Public Utility s
Commission P.O. Box 3265 Harrisb urg, Pennsylvania 17120
.