ML20080G044
| ML20080G044 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 02/09/1984 |
| From: | Weiss E UNION OF CONCERNED SCIENTISTS |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8402130248 | |
| Download: ML20080G044 (4) | |
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h[f UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE T!!E ATOMIC SAFETY AND LICENSING APPEAL BOARD
'84 EB 10 A11:03 In the Matter of
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00CKETmu A SEi<v;ia METROPOLITAN EDISON COMPANY
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BRANCH
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Docket No. 50-289
-(Three. Mile Island Nuclear
)
(Restart)
Station, Unit No.1)
)
)
UNION OF CONCERNED SCIENTISTS' SUPPORT OF ' AAMODT MOTION TO REOPEN RECORD ON UNIT 1 LEAK RATE FALSIFICATION The Union of Concerned Scientists supports the Aamodts motion to reopen the record to consider evidence of leak rate falsification at TMI Unit 1.
The NRC 'Staf f has for all practical purposes admitted the incorrectness of its position during the restart proceeding that ' there was - "no evidence" of leak rate f alsification at TMI-1.
There was " evidence" even then of some instance of
'f alsification", but the staf f chose not to reveal it and to disregard it.
Now, there is apparently more evidence, which the Staff has under investigation.
The fact that the investigation is not yet completed is not a. r eason to deny the Aamodt's motion, as the -Board recognized in the' case of the TMI-2 leak rate charges.
Moreover, since the Commission has now stated that, for purposes of its so-called "immediate ef fectiveness" review, the conclusion of the Staff's investigation of Unit 1 leak rate f alsification
.will constitute the trigger for TMI-l restart, the intervening parties would be gravely prejudiced by delay in reopening tile DR O
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2-record.
.Moreover, while the Commission seems to believe that Unit 2: leak-rate falsification can'be severed from Unit 1 restart even the Commision recognizes that Unit 1 questions must-be' "r esolved" pr ior to r estart.
However, it intends to
" r esolv e" them on an ex parte basis.
By the time the Aamodts and the other intervenors get a chance to present evidence and question witnesses, the plant could be-in operation for months.
The~ fact that the Commission has chosen to consider e_x parte. evidence as the basis of its immediate effectiveness
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review does not af fect the Appeal Board's legal obligation to
[
. resolve contested issues on the basis of an a<1judictory record I
and to afford the parties the requisites of due process.
Nor does'the Commission's still unexplained " suspension" of the hearings-on Unit 2 leak rate falsification affect the Appeal 1 Board's mandate.
The fact is that the newly revealed evidence bearing on Unit 1 leak rate f alsification has the clear potential, alone or in combination with the Hartman allegations, to cause the Appeal Bord to rule unf avorably on the management integrity issues.
Unless it is considered, the record Tiill-be misleading. and incomplete.
-The mo' ion to reopen should be granted.
c Respectfully submitted, L R. h Ellyn R. Weiss General Counsel Union of Concerned Scientists Dated:
February 9, 1984
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the' Matter of
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- METROPOLITAN EDISION COMPANY
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Docket No. 50-289-SP (Three Mile Island Nuclear
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ASLBP 79-429-09-SP
)
(Restart Remand on)
Station, Unit No. 1)
)
Managemen t)
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CERTIFICATE OF SERVICE I hereby certify that copies of the UNION OF CONCERNED SCIENTISTS' SUPPORT OF AAMODT MOTION TO REOPEN RECORD ON UNIT 1 LEAK RATE FALSIFICATION have been served on the following by first class mail, postage prepaid this 9th day of February, 19 84,J or as.otherwise indicated.
Nunzio Palladino, Chairman Sheldon J. Wolfe U.S. ' Nuclear Regulatory Atomic Safety and Commission
. Licensing Board Panel Washington, D.C. 20555 881 West Outer Drive Oak Ridge, TN 37830 Victor Gilinsky, Commissioner
.Gustave A. Linenberger U.S. Nuclear Regulatory Atomic Safety. and Commission Licensing Board Panel Washington,,
D.C.
20555
- 5000 Hermitage Drive Raleigh, NC.
27612 Frederick M. Bernthal, Commissioner Judge Gary L. Milhollin U.S. Nuclear Regulatory
.1815 Jefferson St.
Commission Madison, Wisconsin 53711 Washington, D.C. 2L555 Thomas Roberts, Commissioner
- *JudgG Ga ry J.
- Edles, U.S. Nuclear Regulatory Chairman Commission Atomic Safety and
. Washington, D.C.
20555 Licensing Appeal Board U.S. Nuclear Regulatcry Commission Washington, D.C. 20555 James Asselstine, Commissioner
- Judge John H. Buck U.S. Nuclear Regulatory Atomic Safety and Commission Licensing Appeal Board Washington, D.C.,20 555 Panel U.S. Nuclear Regulatory
-Ivan W. Smith, Chairman Ccmmission Atomic Safety and Licensing Washington, D.C.
20555 Board Panel
.U.S.- Nuclear Regulatory Commission Washington, D.c 20555 be
- Judge Christine M. Kohl Counsel for NRC Staff Atomic Safety and Licensing Office of Executive Legal Appeal Board Panel Director U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission
. Washington, D.C.
20555 Washington, D.C. 20555
- Judge Reginald L. Gotchy Docketing and Service
, Atomic Safety and Licensing Section Appeal Board Panel Office of the Secretary U.S. Nuc' ear Regulatory U.S.
Nuclear Regulatory Co miniss ion Commission Washington, D.C. 20555 Washington, D.C.
20555 Mrs. Marjorie Aamodt George F. Tr owbridge, Esq.
R.D. #5 Shaw, Pittman, Potts &
Coatsville, PA 19320 Trowbridge 1800 M Street N.W.
Washington, D.C.
20036 Douglas R.
Blazey, Esquire Public Information and Chief Counsel Resource Center Dept. of Enyt'l. Res.
1037 Maclay Street 514 Executive House Harrisburg, PA. 17103 Harrisburg, PA 17120 l
Louise'Bradford Michael McBride, Esq.
Three Mile Island Alert LeBeouf, Lamb, Leiby &
325 Pef fer. Street MacCr ae Harrisburg. PA 17102 1333 New Hampshire Ave.
Suite 1100 Washington, D.C.
20036 Jordan D.
Cunningham, Esq.
Fox, Farr & Cunningham
-/ J2,,,
2 320- North Second Street Harrisburg, PA '17110 Ellyn R. WeiS4f p Hand delivered to 1717 H
- Street, N.W., Washington, D.C.
Dr. Judith H. Johnsrud
- Hand delivered to 4350 Dr. Chauncey Kepford East West Highway, Environmental Coalition on Bethesda, MD.
Nuclear Power 433 Orlando Avenue Hand delivered to State College, PA. 16801 Maryland National Bank Building, Bethesda, MD.
John A. Levin, Esq.
Hand delivered to Assistant' Counsel indicated aJdress.
Pennsylvania Public Utility Commission Post Office Box 3265 L Harrisburg, P A 17120 Ms. Gail B. Phelps 245 West Philadelphia Street
-York, PA' 1740?
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