ML20072K728
| ML20072K728 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 07/01/1983 |
| From: | Doroshow J THREE MILE ISLAND ALERT |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8307060393 | |
| Download: ML20072K728 (5) | |
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f ilN I THD STATMS OF AMERn'A NilCl.HAR R EGtli,ATOR Y COMMISSION BEFORE THE ATUMIC SAFETY AND LICENSING Wp AL BO Dodeted In the Matter of
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TMIA ADDITIONAL COMMENTS ON MOTION TO REOPEN THE RECORD By order dated June 16, 1983, the Appeal Board requested comments from the parties on what bearing three matters might have on their consideration or disposition of the motions to r.eopen the record.
Those three matters are: comments by NRC staffer Tim Martin that the sta f f has boen aware since 1980 that the leak rates had been fa1siiied; t he sta f I 's In eposa1 that the Commission " separate the isaue of the past performance of individuals from the issue of the corporate institution, at least initially, and focus attention on individuals as an enforcement matter on a schedule separate frcm restart"; and GPU's proposal to accomodate the staff's proposal.
By letter dated June 28, 1983, the Secretary of the Commission notified the parties that the Commission had decided not to approve the staff recommendation "to separate individuals from organizational structure for the purpose of deciding management competence and integrity issues for' restart."
We support the Commissioners' decision, and we assume that the proposal will no longer have bearing on the Board's consideration or disposition of the motions to reopen.
With regard to the Tim Martin's statement at the May 24, 1983 Commission meeting, we believe it has important relevance to the Board's consideration and disposition of the motions to reopen.
First, the Board Ghould consider that I& E first had knowledge of r307060393 830701
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- the liartman allegations in May, 1979 when llartman revealed this to I&E investigators, yet did not begin an investigation until March, 1980 when llartman appeared on television.
This raises the question of why an investigation was not immediately initiated upon learning of these allegations.
Second, according to former I&E head Victor Stello in his response to Commissioner Gilinsky's May 31, 1983 inquiry, once the NRC investigation was initiated, the initial results " appeared to confirm" Hartman's allegations.
It is our understanding that Tim Martin headed this investigation.
As such, he is particularly qualified to express an opinion as to what his investigation revealed about the truth of Hartman's assertions, and he stated on May 24, 1983 that they knew for a fact that records were falsified.
It is hard to believe that given the nature of this case, his IhE superior, Victor Stello, was not made aware of Martin's findings at the time.
Third, according to Stello, at least by March / April 1980, " senior members of ELD, IE, Region I, NRR, OIA, the EDO, and the Commission" were aware that leak rate test results had likely been falsified prior to the accident.
If true, these opinions would have been extremely material to the Licensing Board's resolution of at least Board Issue 10, which the Board resolved relying exclusively on seemingly misleading information contained in NUREG-0680, Supp.
2.
Stello worded his letter so ambiguously, however, that the Board should be cautious not to adopt his assertion at face value.
Commissioner Gilinsky, for example, stated quite explicitly at the May 24 Commission meeting that he had no such information regarding the l
l staff opinion on the veracity of Hartman's allegations.
However, to l
the extent Stello is correct, such concealment from the Licensing Board particularly by the time the hearings were ending and there l
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f was no indication that the DOJ investigation would soon come to a conclusion, amounts to a deliberate withholding of material information.
At the very least, the Board and the parties need to determine this issue on the record of the Appeal Board proceeding.
Similarly, by September, 1980, Licensee's own consultant, Faegre and Benson, essentially confirmed the veracity of Hartman's allegations.
Yet this report was never revealed to the Licensing Board or even to the commission until recently.
Moreover, additional management integrity questions are raised by its failure to take any action against those implicated in the Hartman assertions, in Licensee's failure to determine the extent of knowledge within the company, and continued insistence that leak rates were not falsified despite subtantiated evidence to the contrary.
Finally, we wish to bring to the Board's attention the fact that the Hartman issue and other material evidence bearing on the motions to reopen are discussed in the accompanying "TMIA Interim Comments on the B&W Trial Record."
We commend these comments to the Board's attention.
Respectf ully submitted, i
By:
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/ Joanne Doroshow
(. Louise Bradford July 1, 1983 TMI Alert l
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l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of
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CERTIFICATE DF SERVICE I hereby certify that copies of the attached TMIA COMMENTS ON B&W TRIAL RECORD and TMIA ADDITIONAL COMMENTS ON MOTION TO REOPEN THE RECORD dated July 1, 1983, was served this 1st day of July, 1983, by deposit in the U.S.
Mail, first class, postage prepaid, or hand delivered, to those on the attached service list.
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SERVICE LIST
/Chairman Palladino Coinmissioner Gilinsky U.S.
N.R.C.
U.S.
N.R.C.
Washington, D.C.
20555 Washington, D.C.
20555
/ ommissioner Ahearne
/bommissionerRoberts C
U.S.
N.R.C.
U.S.
N.R.C.
Washington, D.C.
20555 Washington, D.C.
20555
/ ommissioner Asselstine
' Judge Gary Edles, ASLAB C
U.S.
N.R.C.
U.S.
N.R.C.
Washington, D.C.
20555 Washington, D.C.
20555 I
/ udge Christine Kohl, ASLAB Judge John H.
Buck, ASLAB J
U.S.
N.R.C.
U.S.
N.R.C.
Washington, D.C.
20555 Washington, D.C.
20555
/ udge Reginald Gotchy,-ASLAB
/ Professor Gary Milhollin J
U.S.
N.R.C.
4412 Greenwich Parkway, N.W.
Washington, D.C.
20555 Washington, D.C.
20007
/ Harry Voigt
/ Jack Goldberg LeBoeuf, Lamb, Leiby & MacRae Office of Executive Legal Director 1133 New Ilamshire Ave.
N.W.
U.S.
N.R.C.
Wanhington, D.C.
20016 Washington, D.C.
20555
/ George F.
Trowbridge, Esq.
/ Ms. Marjorie Aamodt Shaw, Pittman, Potts & Trowbridge R.D.
5 1800 M St.
N.W.
Coatesville, PA 19320 Washington, D.C.
20036
! van W.
Smith, Esq., ASLB Dr. Walter Jordon, ASLB I
U.S.
N.R.C.
881 Outer Drive Washington, D.C.
20555 Oak Ridge, TN 37830
/ Docketing and Service Dr. Linda Little U.S.
N.R.C.
5000 Hermitage Drive Washington, D.C.
20555 Raleigh, NC 27612
/ ouglas Blazey
/ Gail Phelphs D
PIRC Assistant Attorney General 1037 Maclay St.
Executive House Harrisburg, PA 17102 Harrisburg, PA 17120 ISteve Sholly
, Judith Johnsrud Dupont Circle Building ECNP 1346 Connecticut Ave.
N.W.
433 Orlando Ave.
Washington, D.C.
20036 State College, PA 19320
'/ Jordon Cunningham, Esq.
Ellyn Weiss, Esq.
Fox, Farr, & Cunningham Harmon & Weiss 2320 North Second St.
1725 Eye St.
N.W.,
Suite 506 Harrisburg, PA 17110 Washington, D.C.
20006
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