ML20094C124

First Request for Production of Documents by 840812. Certificate of Svc Encl.Related Correspondence

ML20094C124
Person / Time
Site:	Three Mile Island
Issue date:	08/03/1984
From:	Bernabei L, Bernabie L, Doroshow J CHRISTY, W., GOVERNMENT ACCOUNTABILITY PROJECT, THREE MILE ISLAND ALERT
To:	NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
References
SP, NUDOCS 8408070382
Download: ML20094C124 (12)

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NUCLEAR' REGULATORY COMMISSTON ;i J' "t .

1 Before - the ' Atomic Safety and Licensing Bogd_TJO y@

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-o INTERVENOR THREE MILE ISLAND ALERT'S 7 -FIRST REQUEST FOR PRODUCTION OF DOCUMENTS

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TO NUCLEAR REGULATORY COMMISSION STAFF

,.y ITO: N'uclear Regulatory Commission Staff.

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Intervenor Three Mile Island Alert ("TMIA"), pursuant to 10 C.F.R. 2.741, hereby requests the Nuclear Regulatory Commission j

.L(" Commission" or "NRC") staff to produce and make available for m -inspection and/or copying-each document-in-the possession or custo'dy. of the NRC . staff or ' subject . to the ' control of the NRC

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staff, its-agents,.or its attorneys, as requested below, by or before _ August 12, 1984.

DEFINITIONS.

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(a) The Nuclear Regulatory Commission or "NRC" shall

-mean the Nuclear Regulatory Commission, its branches, departments, sections, offices, subdivisions, its present and former'commis-sioners,: administrators, management, employees, agents, repre-sentatives, consultants, or officials, or their agents, attorneys

.or' representatives.

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(b) " General Public Utilities" or "GPU" shall mean SQh

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. General.Public Utilities, any of its subsidiaries, including but not limited to GPU Nuclear Corporation and Metropolitan Edison Company or its and its subsidiaries' branches, divisions , departments,

sections, affiliates, offices, and present and former officers, directors, management, ~ board of directors, employees, staff,

. officials, agents, consultants, attorneys, representatives or their attorneys, representatives.and agents.

(c) "Babcox and Wilcox" or "B&W" shall mean the Babcock & Wilcox. Company, its subsidiaries, branches, divisions,

_ . departments, sections, affiliates, officers, or its and its subsidiaries

- present and former officers, directors, management, board of directors, employees, officials, staff, agents, consultants, attorneys, representatives or their attorneys, represe'ntatives

.and agents.

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(d) The I&E Investigation and/or I&E Report shall -

mean NUREG-0760 and/or the investigation leading to NUREG-0760, entitled " Investigation into Information Flow During the Accident at Three Mile Island," dated January, 1981.

(e) The Senate Report shall refer to the report on the Three Mile Island Accident completed by the Subcommittee on Nuclear Regulation of the Senate Committee on Environmerit and F

Public Works, and the investigation leading to that report.

(f) The SIG Report shall refer to the report and/or investigation of the NRC Special Inquiry Group headed by Mitchell Rogovin, entitled NRC "Spocial Inquiry Report," dated January,

- 1980..

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The Kemeny Report shall refer to report of the special commission appointed by President Carter to investigate the Three Mile Accident entitled "The Report of the President's Commission on Three Mile Island."

(h) " Docume nt" shall mean every writing of every type or' description, and every other instrument or device by which, through which or on which information has been recorded and/or preserved, including but not limited to memoranda, notes, letters, drawings, files, graphs, charts, photographs, slide presentations, handwritten notes, logs, ledgers, studies, data sheets, appointment calendars, telephone messages, meeting minutes, calculations, computations, financial statements, voice

, recordings and other data compilations or every other device or medium on which or through which information of any type is transmitted, recorded or preserved.

(i) " Person" shall refer to any natural person, firm, partnership, joint venture, trust, corporation, holding company or other entity,. natural or legal, domestic or foreign.

(j)- " Communication" shall mean discussion, conversation, letter, memorandum, telephone call, message or direction, whether written, oral, and whether in person, by telephone or by mail.

INSTRUCTIONS FOR USE A. All documents are to be made available for inspection and/or copying which are in your possession or under your control, or in the possession or under the control of your commissioners, L .

O' officials, executives, employees, staff, directors, management,

. attorneys, investigators, inspectors, consultants, auditors, accountants, offices, branches, divisions, or their agents, representatives or attorneys.

B. If the NRC staff contends that any document res-ponsive to any request for production listed below is privileged

. in whole or in part, or otherwise objects to any part of any request, state the reason for each objection or grounds for exclusion, and identify each person having knowledge of the factual basis, if any, on which the privilege or other ground is asserted.

C. If any document responsive to any request for pro-duction is no longer in existence, then answer the following questions:

1. identify what information was maintained;

2. identify the type of document which contained such information;

3. state the time period during which such document was maintained;

4. state the circumstances under which such document ceased to exist; '

5. state the date when such document ceased to exist;

6. identify all persons having knowledge of the circumstances under.which such document ceased to exist; and L__. '

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7. identify all persons who have knowledge or had knowledge of the document and the contents thereof.

D. This Request for Production is deemed to be contin-uing such that the NRC staff is requested to supplement production with all responsive documents which come into its possession, custody or control subsequent to production of documents pursuant to intervenor's request.

DOCUMENTS TO BE PRODUCED All documents which constitute, mention, refer to, concern or relate to the following:

1. The Senate Report, including but not limited to interviews conducted in the course of the investigation leading to the Senate Report; documents reviewed and referenced in the report; and any drafts of the report or personal notes of the investigators conducting the investigation and/or writing the report.

2. Reports, investigations, inquiries, studies and/or research by the NRC Office of Inspector and Auditor into the Three Mile Island Accident; incidents or events occurring during the accident; conditions of the reactor during the accident; flow of information to federal and state authorities during the accident; knowledge of NRC about the accident, including the sevefity of the accident. This request includes but is not limited to drafts of all OIA reports concerning the Three Mile Island Accident, including drafts and scoping papers of reports on James Higgins and Don Noely's kn" ' edge about the TMI Accident during the

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accident; drafts and scoping papers for OIA's participation in

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the I&E report and investigation leading to NUREG-0760; investi-i.

L gator notes and other files about any OIA investigations, inquiry, study, or report on the accident or participation in the I&E report.

3. NUREG-0760, including but not limited to any drafts of the I&E report, or any portion of it; investigators' notes and/or personal files; scoping papers; internal memoranda; and all documents contained in OIA and I&E files which relate in any way to the Three Mile Island Accident.

4. Tapes, transcripts, or other documents concerning communications-between B&W and GPU, on the one hand, and NRC about the Three Mile Island Accident; any events or conditions of the plant occurring during the accident; and reporting of information to state and federal authorities about the accident.

Provide only those documents which are not otherwise available t

in the NRC's Public Document Room.

5. The Dieckamp mailgram to Congressman Udall dated

-May 9, 1979, including but not limited to any documents related to or reviewed in the course of any investigation, inquiry, study or report on Mr. Dieckamp's statements in that mailgram or on whether or not any statement in the mailgram constituted a material false statement; any legal opinions of the NRC suppor-ting the conclusion in NUREG-0760 that the statements made in the Dieckamp mailgram do not constitute material false statements.

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6. Knowledge and/or awareness of GPU or B&W that a hydrogen explosion had occurred at approximately 1:50 p.m. on March 28, 1979; knowledge or awareness of GPU or B&W that a pressure spike had occurred in the reactor building at approxi-L mately 1:50 p.m. on March 28, 1979; knowledge, awareness,or con-cern of GPU or B&W of the existence of hydrogen in the reactor building at approximately 1:50 p.m. on March 28, 1979; and f . knowledge or awareness of GPU or B&W of the actuation of the containment sprays at approximately 1:50 p.m. on March 28, 1979.

7. Notes of NRC inspector Donald Raymond concerning the:Three Mile Island Accident, including but not limited to his notes of May 8, 1979 concerning a conversation with Mr. Miller on April 30, 1979.

8. Any notes of any other NRC inspector and/or personnel present on the TMI site, either Units 1 or 2, at any time between March 28 and March 30, 1979. This request includes but is not limited to the personal notes of James Higgins and Don Neely concerning the TMI Accident and/or events and condi-tions of the plant occuring during the accident.

9. The pressure spike which occurred at approximately 1:50 p.m. on March 28, 1979, or the actuation of the containment spray pumps caused by the pressure spike, including but not limited to all strip charts or other documents recording the pressure spike; any operator logs or telephone logs which men-tion, refer to or otherwise concern the pressure spike; or documents recording that the containment sprays had been actuated.

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10. Any checks made of plant conditions and/or checks of the containment af ter observation of the pressure spike or

1. activation of the containment sprays at about 1:50 p.m. on March

-28,-1979, including but not limited to documents indicating that checks were conducted; records of the conditions of the contain-ment or plant shortly after 1:50 p.m. on that dates and any

. written instructions and/or comments about these chocks.

11. The Preliminary Notifications issued on March 28 7 through March 30, 1979 about the Three Mile Island Accident, including but not limited to any final or draft copies of

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PNO-79-67; PNO 79-67a; any personal notes or logs providing the information contained in the PNO's; and any documents referring to : the accuracy and completeness of any information contained in the PNO's.

ALSO PRODUCE THE FOLLOWING:

12.- All personal' files, telephone logs, telephone messages, personal notes, incident message forms,or logs of the following persons concerning the Three Mile Island Accidents the. events occurring at TMI-2 on March 28, March 29 or March 30, 1979; the conditions of TMI-2 on March 28, March 29 or March 30, 1979,, or reporting of the events and/or conditions of TMI-2 to the'NRC or the Commonwealth of Pennsylvania authorities at any times

a. James Higgins;

b. Don Neely;

. c.. Karl Plumleet

d. George Smith;

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e. John Davis; ,

f. Lee Gossick;

g. Edson Caso;

h. Don Havarkamp;

1. Boyce Grior;

j. Karl Abraham;

k. Any other NRC personnel who woro prosent at any time on March 28 to March 30, 1979 at the Throo Milo Island site;

1. Any other NRC personnel in either Rogion 1 or in NRC headquarters who communicated at any tiro from March 28 to March 30, 1979abouttheTMI-2AccidentWibhGPUorBl.W.

13. All documents identified in responso to Intorroga-tory Nos. 2, 4, 9, 10, 11, 12, 13, 14, 15, 16 and 19.

Rospectfully submitted,'

Ycr Joanno Doroshow

- n o ch.< n /G3, The Christic Instituto 1324 North Capitol Stroot Washington, D.C. 20002 Tolophono: 202/797-0106 a

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Dynno Dornaboi Government Accountability Project 1555 Connecticut Avenue, Northwest

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( Wasington, D.C. 20036 Tolophono : 202/232-8550 DATED: August 3, 1904 Attorneys for Tl.roo Mile Inland Alert

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION *ss '

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Before the Atomic Safety and Licensing Board .A In the Matter of ) mr

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METROPOLITAN EDISON COMPANY ) Docket No. 50-289 SP (Three Mile Island Nuclear (Restart-Managhenhhhks8)?O2 Station, Unit No. 1) )

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I hereby certify that I have served this 3rd day of jddNf$t 1984 a copy of the foregoing Intervonor Throo Milo Island Alort's First Request for Production of Documents to Nuclear Regulatory Commission Staff on the following by mail, first-claco, postago prepaid:

Administrative Judge Thomas Au, Esq.

Ivan W. Smith, Chairman Office of Chief Counsel Atomic Safety & Licensing Board Department of Environmontal U.S. Nuclear Regulatory Commission Resources Washington,HD.C. 20555 505 Executivo House P.O. Box 2357 Administrative Judge Harrisburg, PA 17120-Sheldon J. Wolfe Atomic Safety & Licensing Board John A. Lovin, Esq.

U.S. Nuclear Regu3t. tory Commission Assistant Counsel Washington, D.C. *0555 Pennsylvania Public Utility Commission Administrative Judgo P.O. Box 3265 Gustave A. Linenberger, Jr. Harrisburg, PA 17120 Atomic Safety &'Ll:ensing Board U.S. Nuclear Regulatcry Commission Ernest L. Blake, Jr.

Washington, D.C.,1055$ Shaw, Pittman, Potts & Trowbridge

. , 2800 M Stroot, N.W.

Docketing and ScMdico Section (3) Washington, D.C. 20036 Office of the Secrotary U.S. Nuclear Rtgulatory Commission Mr. Henry D. Hukill Washington, D.C. 20$55 Vice Prosident GPU Nuclear Corporation Atomic Safety & Lice,nsing Board P.O. Box 480 Panel '

Middletown, PA 17057 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Mr. and Mrs. Norman Aamodt R.D. 5 Atomic Safety & Licensing Appeal Coatesville, PA 19320 Board Panel U.S. Nuulear Regulatory Commission Ms. Lousie Dradford Washington, D.C. 20'J55 TMI ALERT 1011 Groon Stroot Jack R. Goldberg, Eag. Harrisburg, PA 17102 Office of the Exocutivo LNgal Director Joanno Doroshow, Esq.

U.S. Nuclear Bogulatory Comminsion The Christic Instituto Wanhington, D.C. 20555 1324 North Capitol Stroot Wsuhington, D.C. 20002

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Michael F. McBride, Esq. Ellyn R. Weiss, Esq. l L. LeBoeuf, Lamb, Leiby & MacRae William S. Jordan, III, Wsq.

k 1333 New Hampshire Avenue, N.W. Harmon, Weiss & Jordan 7(; suite-1100 2001 S Street, Northwest E Washington, D.C. 20036 Suite 430 Washington, D.C. 20009 Michael W. Maupin, Esq.

- Hunton & Williams 707 East' Main Street

. Post Office Box 1535 Richmond, VA 23212 L

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