ML20080G086

Comments on List of Integrity Issues in Restart Proceeding. Competence & Integrity of Operators at Facility Directly & Critically Related to Safety & Welfare of Public Which Is Responsibility of Commission

ML20080G086
Person / Time
Site:	Three Mile Island
Issue date:	02/08/1984
From:	Woelfing M PENNSYLVANIA, COMMONWEALTH OF
To:
Shared Package
ML20080G070	List: ML20080G069 ML20080G086
References
NUDOCS 8402130264
Download: ML20080G086 (3)

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UIIITED STATES OF NERICA NUCIIAR REGULATORY C0t1f1SSION BEFOIE 'HE 00ttiISSION In the Matter of:

IEIROPOLITAN EDIS011 C0tPAlff, )

) Docket No. 50-289 (Three Mile Island Nuclear ) (Restart)

Station, Unit No. 1) )

00It-DINEALTH OF PEINSYLVAIM'S CO?IDTIS ON THE LIST OF INIEGRITY ISSUES _IN THE RESTART PROCEEDIl0 In a memorandun dated January 20, 1984, the Nuclear Regulatory Conmission ("Connission") requested that the parties to the 'Rii-1 restart proceeding provide their conments regarding a list of nnnagment integrity issues appended to the m morandum. Specifically, the parties were requested to coment whether an issue was resolved or unresolved, and, if unresolved, to state their views why resolution of an issue tras inportant to the restart decision and to describe what actions were necessary to resolve an issue. The Cormonwealth of Pennsylvania

("Conmoruealth") herewith submits its response tr the January 20, 1984 memorandum.

The Conmx1 wealth, like Chairman Palladino, was troubled, and indeed, amazed by the Conmission's imposition on the parties of the burden of informing the Cmmission-of the status of the managment integrity issues enumerated in the January 20, 1984 nemorandun. While Chairman Palladino's concern with the Cormission's approach stenmed from providing the parties with background to assist them in preparing connents, the Connenwealth's concern stas from its beliefs regarding the prifrary responsibility for structuring and resolving the issues relating to 8402130264 840208 PDR ADDCM 05000289 9 PDR

o restart. The Commnwealth's concerns regarding this responsibility were stated in its response to the Atomic Safety and Licensing Appeal Board's Order of June 16, 1983, and are also applicable to this situation:

The IRC has prempted the area of health and safety. It is the IEC's statutory responsibility to undertake all necessary staff analysis and reviews, to inpose all necessary conditions on licenses and to decide all disputed issues related to the safe design and operation of a nuclear generating unit. When the IRC Staff raises issues of safety as it has done here, the NRC Staff should work to focus and resolve the issues. Neither intervenors nor interested states should have to carry the burden of organizing or focusing relevant safety and legal issues for hearing and resolution.

Again, it is the responsibility of neither the Commmealth nor any other interested party to organize and focus the relevant management integrity issues and to delineate a mechanism for resolving them. That responsibility is the Cmmission's alone.

With this as a caveat, the Commmealth provides these cmments which are limited in scope. The Commmealth does not presume to suggest to the Conmission procedures to resolve these issues, as that is the exclusive responsibility of the Conmission. Its II-D, which concerns the t. raining and testing program at 'IMI-1, was the subject of a stipulation between the Commnwealth and GPU dated July 6,1983, and approved by the Conmission. Licensee's conpliance with that stipulation must be ascertained before that its may be considered resolved. Itms III-A through F must also be resolved for the reasons stated in the Connonwealth's June 30, 1983 caments to the Atomic Safety and Licensing Appeal Board's Order of June 16, 1983, and the Conronwealth's January 24, 1934 Conments on the IRC Staff Report on the GPU Managment Proposal, both of which are attached.

The competence and integrity of operators of nuclear power facilities are directly and critically related to the safety and welfare of the public, the assurance of which is the prinnry responsibility of the Conmission.

Respectfully submitted, EUR 'IHE 00ttDMEAllIH OF PENISYLVANIA N& #

IMXIIE hDELFLIIU (T Assistant Counsel Pennsylvania Department of Environmental Resources Dated: February 8, 1984

UI!ITED STATES OF NERICA A I!UCLEAR PEGUTAlORY COILIISSIO!!

BEFORE 11IE ATOMIC SAFETY K!D LICE" SIT, APPEAL BOARD In the lhtter of:

FETROPOLITM! EDISO:1 CO:IPNU, -

(Three !!ile Island Nuclear  : Dociwt No. 50-289 Station, Unit No. 1) (Restart)

CO:0D: MEAL 1110F PEN!:SYLVN!IA'S COLIEITI'S TO AIGIIC SAFETY N!D LICENS1t!G APPEAL BOARD'S ORDER OF JUNE 16, 1983 In its Order of June 16, 1933, concerning the motions to reopen the record filed by the Aamodts and ihree tiile Island Alert, the Atomic Safety and Licensing Appeal Board ("the Board") solicited conments on three matters which, although not specifically raised in the motions, potentially bear on their disposition. These three issues involve:

1) conments by an NRC Staff manber that since 1980 the Staff had been aware that leak rates were falsified; 2) the NRC Staff's proposal to separate the issue of past perfonnance of individuals from that of managenent competence in detennining whether restart should be inmediately effective; and 3) GPU's informing IRC Chaitran Palladino of various tranagement changes which will be effected prior to restart. The Connotr,eealth of Pennsylvania (" Commonwealth") filed with the Cauaission on June 2,1933 Supplanental Conments on the Inmediate Effectiveness of Partial Initial Decisions Regarding Fbnagement Issues ("Supplemenhl Conments") in response to the Connission's anticipatory order of bhy 23, 1933, requesting conments on the thy 24, 1933 briefing of the Canaission by the Staff. The Conmonwealth's Supplairntal Conments focused specifically O upon the five issues raised, but not resolved by the Staff, in its ON

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review of GPU's tronaganent integrity and compctence. The Conronwealth's cannents raise the same generic concerns as the issues on which the Board is now soliciting cannents and, therefore, those connients, a copy of which is attached, will serve as'the basis of the Ca:ronwealth's response to this Board's June 16, 1933 Order. In particular, the Connenwealth stated in the first paragraph of its Supplanental Conments that:

The Cannonwealth urges herein that the Conmission defer conrideration of the imnediate effectiveness of the Licensing Board's nunaganent decision [s] pending a complete review by the Appeal Board of the open issues raised by the Staff.

As stated consistently by Governor Thornburgh, the Cottonwealth believes that the Conmission must provide adequate assurances that IMI Unit 1 can be operated safely before the Conmission authorizes any O resumption of operations. The Appeal Board now has before it for review the managanent competence and integrity issues in at least the following four different' contexts:

1. The final results of the IRC Staff "Progna to Revalidate NRC Staff Position Supporting IIII-l Restart in Light of Ihnaganent Integrity" includhig those contained in the GPU v. PflW transcript and the Inspection Feport Ib. 50-289/83-10.

2. The five issues identified by William J. Dircks in his mmurandum of thy 19, 1983, to the Conmission as not having been addressed by the IRC Staff in its revalidation effort, and the supplmental co:nnents regarding these five issues transmitted by Mr. Dircks to the Conmission by manorandum dated June 7,1983.

3. The three Ibtions to Reopen the Record and the "three nutters not expressly raised in the notions

[which] may have a bearing on this disposition" as contained in the Appeal Board's June 16, 1983 Order.

4. The specific ruraining outstanding issues raised A

by the Cocmonwealth in its E<ceptions to the Partial Initial Decision (Reopened Proceeding) on managanent competence and integrity filed on August 20, 1932.

'1he Connonwealth believes that' the Appeal Board should review and decide or otherwise establish a process to bring to a close and decide all of these and other issues related to GPU nnnagement competence and integrity. The public is entitled to a coherent disposition and explanation of all these issues by the Comnission in any decision regarding GPU's management integrity and competence. To the extent that the Appeal Board can sinplify and structure the outstanding issues for the Conutission, it will be doing an enormous service, not only for the parties, but also for the public.

'Ihe NRC has preempted the area of health and safety. It is the n NRC's statutory responsibility to undertake all necessary staff analysis and reviews, to inpose all necessary conditions on licenses and to decide all disputed issues related to the safe design and operation of a nuclear generating unit. hhen the IRC Staff raises issues of safety as it has done here, the NRC Staff should work to focus and resolve the issues. Neither intervenors nor interested states should have to carry the burden of organizing or focusing relevant safety and legal issues for hearing and resolution.

In sumrary, it is the responsibility of the NRC, in all of its component parts--the Staff, the Atomic Safety and Licensing Board, the Atcmic Safety and Licensing Appeal Board, and the Commissioners themselves--to assure the public that a licensed facility has been safely designed and can be safely operated by the licensee. The NRC O has taken a first step towird focusing these issues by deciding on June

n 28, 1983: (1) to postpone voting on restart of "d11 Unit 1 until issues of managcTent competence and integrity have been resolved and (2) to consider issues of ciployee wrongdoing and tranagcrent integrity toge+.her rather than separately. It is incunbent upon the conponent parts of the IEC to now follow the Iac's initiative.

Conclusion Tne present record and related decisions do not assure the public in Central Pennsylvania and elsewhere that 'IMI Unit 1, if allowed to restart by the Coranission, will be safely operated and poce no threat to its neighbors. The Comaanwealth urges the Appeal Board to take whatever action it deans necessary to foreclose the risk of any hazard und to assure the public that, if 'IMI Unit 1 ir allowed to restart, it will p pose no risk to the health and safety of the comnunity surrounding it.

Respectfully subnitted, FOR 'IIIE CC3DN.Cr2d1Ill OF PER!SYLVMIL\

WW 'Y- te /nir>retL

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_DOUGAS'R. BIAZEY Chief Counsel Departn.ent of Environmental Resources D

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IUITED STAES OF A! ERICA laJCLEAR REGL1AIORY ODtt!ISSION BEORE '1HE A'10:1LC SAFEIY A2 LICESit1G APPEAL B0/aD In the Ibtter of: ,

IEm0POLITAll EDISON 00tFRE, (Three 11ile Island Nuclear Docket I10. 50-289 Station, Unit 110. 1) (Restart)

CERTIFICATE OF SERVICE This is to certify that the foregoing "Conmonwealth of Pennsylvania's Comrcnts on the Atomic Safety and Licensing Appeal Board's Order of June 16, 1983" was served on the persons on the attached service by deposit in the U.S. mail, first class postage prepaid.

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iL 1 - SY Chief Co N\

Department ofhaviromental Resources Date: June 30, 1933 b

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UI!11ED STRIES OF NERICA IL'CLFAR REGULAIORY COII'IISSIO:1 BEFORE 111E DIIIISSION In the 1htter of:

1ETROPOLITAN EDISON 00MPM1Y, )

) Docket Ib. 50-289 (Three Mile Island !!uclear ) (Restart)

Station, Unit Ib.1) )

C0tI10 Wall 1110F PEIRISYINNTIA'S C0t1EITIS ON NRC STAFF REPORT ON GPU IINnGICEITr PROPOSAL The attached letter, dated January 24, 1934, fran the llonorable Dick Thornburgh, Governor, Cmmonwealth of Pennsylvania, to Chairmin Palladino constitutes the Conmonwealth's conments on the NRC Staff Report on: the GPU lhnagenent Proposal.

Re: , ectf illy sulxai.tted, qms.. g

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DOUGLAS RT W ZEY h Chief Counsel Pennsylvania Department of Environmental Resources January 24, 1934

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Co rm o ta w c A LT H or F'E Nf 4f vlVANI A Orrect or int GovLntion Hannisouno THC covcnNon ,

January 24, 1984 Dr. Nunzio J. palladino

" Chairman U. S. Nuclear Regulatory Commission Washington, D. C. 20555

Dear Mr. Chairman:

i The Commonwealth is in receipt of NRC staff's re-sponse to GPU's management proposal and I want to take this opportunity to reiterate my views concerning the question of restart ~of Three Mile Island Unit 1.

As you know, I have repeatedly stated that I will remain opposed to the restart of TMI Unit 1 until and unless I receive adequate assurances that Unit 1 can be operated safely, and until and unless there is a funding mechanism in place for completing the radiation cleanup at TMI Unit.2.

In my letter to you of June :2, 1983, I expressed

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my view that a variety of questions, including those related to management competence and integrity, should be resolved prior to restart, not the other way around.

In your written response dated July 14, 1983, you provided assurances that the NRC would make no decisions regarding the restart of Unit 1 until such issues had, indeed, been addressed.

I believe that the NRC staff's recommendation, which would permit the conditional restart of TMI-l in the face of unresolved issues related to competence and integrity, would be inappropriate and inconsistent with ' the spirit of your statement of July 14. ,

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Dr. Nunzio Palladino Page two l

Public safety must be the primary concern and principal objective of the operators and regulators of nuclear power facilities. In the interest of public safety, the NRC should reject any proposal to separate competence and integrity issues from TMI-l l restart, but rather resolve these issues prior to any decision on the future of Unit 1.

S'Tcerely yours, r

i s l 1 s_

ick Th ,rnb rgh Govern r

UNITED STATES OF MERICA NUCLEAR FIGUIATORY COIMISSION BEFORE THE 00ttitSSION In the Matter of:

FETROPOLITAN EDISON 034FRE, )

) Docket No. 50-289 (Three liile Island Nuclear ) (Restart)

Station, Unit No. 1) )

CERTIFICATE OF SERVICE This is to certify that the foregoing "Conmonwealth of Pennsylvania's Conments on the List of Integrity Issues in the Restart Proceeding" was served on the persons on the attached service

- list by deposit in the U.S. mail, first class postage prepaid, on February 8, 1984.

h& lN04AfS ==$

MAXINE WDEIELING Assistant Counsel Department of Environmental Resources Dated: February 8, 1984 s

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UNITED STATES OF AIERICA NUCLEAR REGUIAIORY C0tMISSION BEFORE ' die COCHISSION In the Matter of:

METROPOLITAN EDISON COMPAIN, )

) Docket No. 50-289 (Three Mile Island Nuclear ) (Restart)

Station, Unit Ib.1) )

SERVICE LIST Nunzio L. Palladino, Gairnun Ivan W. Smith, Esquire, Chainnan U.S. Nuclear Regulatory Comnission Atomic Safety and Licensing Board Panel Washington, D.C. 20555 U.S. Ibclear Regulatory Caanission Washington, D.C. 20555 John F. Ahearne, Comnissioner U.S. Nuclear Regulatory Comnission Sheldon J. Wolfe Washington, D.C. 20555 Atomic Safety and Licensing Board Panel U.S. Nuc1 car Regulatory Connission Thomas M. Roberts, Comnissioner Washington, D.C. 20555 U.S. Nuclear Regulatory Comnission Washington, D.C. 20555 Gustave A. Linenberger, Jr.

Atomic Safety and Licensing Poard Panel Victor Gilinsky, Comnissioner U.S. Nuclear Regulatory Comnission U.S. Nuclear Regulatory Comnission Washington, D.C. 20555

Washington, D.C. 20555 George F. Trowbridge, Esquire James K. Asselstine, Conmissioner Shaw, Pittnnn, Potts & Trowbridge U.S. Nuclear Regulatory Conmission 1800 M Street, N.W.

-Washington, D.C. 20555 Washington, D.C. 20006 Judge Gary J. Edles, ' Chairnun Joseph R. Gray Atomic Safety & Licensing Appezd Board Office of the Executive Legal Director U.S. Nuclmr Regulatory Comnission U.S. Nuclear Regulatory Connission Washington, D.C. 20555 Washington, D.C. 20555 Judge John H. Buck Ellyn R. Weiss Atomic Safety & Licensing Appeal Board Harmon & Weiss U.S. Nuclear Regulatory Comnission 1725 Eye Street, N.W., Suite 506 Washington, D.C. 20555 Washington, D.C. 20006

, Judge Reginald L. Gotchy Karin P. Sheldon, Esquire (PAhT)

Atomic Safety and Licensing Appeal Board Hannon & Weiss U.S. Nuclear Regulatory Comnission 1725 Eye Street, N.W., Suite 506 Washington, D.C. 20535 Washington, D.C. 20006 Docketing and Service Section Henry D. Hukill, Vice-President

- Office of. the Secretary GPU Ibclear Corporation U.S. Nuclear Regulatory Comnission P.O. Box 480 Washington, D.C. 20555 Middletown, Pennsylvania 17057

Ms. Marjorie M. Aanodt John Clewett R.D. #5 'Ihe Christic Institute Coatesville, Pennsylvania 19320 1324 North Capitol Street Washington, D. C. 20002 AIURY/'IMI PIRC 1037 thclay Street Harrisburg, Pennsylvania 17103 Dr. Chauncey Kepford & Judith Johnsrud Environmental Coalition on Nuclear Power 433 Orlando Avenue State College, Pennsylvania 16801 Pr. Steven C. Sholly Union of Concerned Scientists 1346 Connecticut Avenue, N.W.

Dupont Circle Building, Suite 1101 Washington, D.C 20036 Ms. Louise Bradford IMI Alert 1011 Green Street Harrisburg, Pennsylvania 17102 John A. Levin, Esquire Assistant Counsel Pennsylvania Public Utility Conmission P.O. Box 3265 Harrisburg, Pennsylvania 17120 Jordan D. Cunningham, Esquire Attorney for Newberry Totmship T.M.I. Steering Conmittee 2320 North Second Street Harrisburg, Pennsylvania 17110 Michael F. McBride, Esquire LeBoeuf, Lamb, Leiby & thcRae 133 New Hampshire Ave. , N. W. Suite 1100 Washington, D. C. 20036 David E. Cole, Esquire Smith & Smith, P.C.

2931 N. Front St.

Harrisburg, Pennsylvania 17110 Michael W. Fhupin, Esquire Hunton & Williams 707 East Main Street P.O. Box 1535 Richrond, Virginia 23212

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