ML20107B720
| ML20107B720 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 02/12/1985 |
| From: | Gekas G, Goodling W HOUSE OF REP. |
| To: | Palladino N NRC COMMISSION (OCM) |
| References | |
| NUDOCS 8502200543 | |
| Download: ML20107B720 (2) | |
Text
lw GEORGE W GEKAS
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February 12, 1985 Mr. Nunzio Palladino
)'2 Chairman Nuclear Regulatory Commission 1717 H S treet, N.W.
Washington, D.C.
20555
Dear Chairman Palladino:
The Nuclear Regulatory Commission has scheduled a public meeting on Wednesday, February 13, 1985 -- tomorrow -- to consider and affirm an order on the importance and impact on the possible restart of the Unit One reactor at Three Mile Island of those TNE hearings presently in progress or under review by the NRC.
While this matter before the Commission on Wednesday certainly represents one of the most important of the TMI saga to date, one issue of greater preeminence has appeared which must receive your immediate attention: the disqualification of administrative law judge Ivan W.
Smith.
Judge Smith's recent letter to Judge Sylvia H.
Ranbo requesting leniency for James R.
Floyd was an admission of bias which certainly cannot go unnoticed.
By expressing his " personal" desire about the outcome of the Floyd case, Smith discarded the robes of judicial impar-tiality.
But, even though his actions now show the tint of his person-al, not judicial, opinion, Smith still maintains judicial stature in the Three Mile Island review.
The f act of Smith's letter to Judge Rambo is enough to cast a cloud over the entire TMI proceeding in which Smith participated.
The absence of any action -- by the NRC or Smith himself -- to remove him f rom the hacring board af ter such an appearance of bias jeopardizes the validity of any f uture -- and pas t -- hearings on Three Mile Island. Any f uture actions by Smith as the administrative law judge considering the restart of TMI Unit 1 would be called into question.
Both sides of the issue, and especially the general public, are being dealt a great disservice by this lack of proper action.
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THIS STATIONERY PAINTED ON PAPER MADi WITH RECYCLED FIBERS
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- r. Nunzio Pelltdino PAGE 2 Fcbruary 12, 1985 We, as representatives from the towns and counties surrounding Three Mile Island, beseech you to resolve the Ivan Smith question bef ore continuing with any other aspect of consideration. And, following the resolution of that matter, we feel that the Nuclear Regulatory Commis-sion should consider the question of restart only and not until the f ull and satisf actory completion of all hearings and matters related to Three Mile Island now pending before the Nuclear Regulatory Commisssion.
Thank you for your time and consideration of our views, Very truly yours, Q -._ Q. D n u
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GEORGE W. GEKAS WILLIAM F. GOODLIN Member of Congress MemberofCongress{
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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METROPOLITAN EDISON COMPANY
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Docket No. 50-289 SP
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(Restart-Management Remand)
(Three Mile Island Nuclear
)
Station, Unit No. 1)
)
Notice to Commission, Appeal Board Licensing Board.nd Parties The Commission is aware that Licensee is having an inves-tigation conducted by Mr. Edwin H. Stier of pre-accident reac-tor coolant inventory balance tests at TMI-2.
That investiga-tion is continuing and the results will be provided to the Commission.
Enclosed is a letter which Licensee has recently sent to a number of its present employees who were licensed. operators at TMI-2 during the period under investigation.
As the letter states, Mr. Stier has briefed Licensee management on his ini-tial conclusions regarding the conductrof these tests and the likely extent of knowledge by those involved.
The letter ad-vises the individual employees that they will be subject to in-tensified supervisory performance review pending the outcome of the investigation and that full, truthful cooperation with Mr.
Stier in completing his investigation is expected.
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Licensee has not publicly released the names of these in-dividuals because of the preliminary nature of Mr. Stier's de-termination upon which this action is based.
None of the indi-viduals is a licensed operator at TMI-l nor involved in those functions that provide an overview assessment, analysis or audit of TMI-1 activities which Licensee addressed in personnel reassignments reported to the Commission by letter of June 10, 1983.
Respectfully submitted, L e z.
- s A.
Ernest L.
Blake, Jr., P.C.
Counsel for Licensee Dated: February 8, 1985 l
cc: Service List Enclosure i
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Parsiccany.New Jersey 7 541* /
(20 0 263 6s00 TELEX 135 482 Writer's oirect ois: Nu ter:
February 7, 1985 By memorandum dated February 1,1984, Mr. Clark described the investi-gation being undertaken for the company by Mr. Edwin H.
Stier, ::sq.
regarding the reactor coolant inventory balance tests at TMI-l and THI-2. His memorandum dated February 27, 1984 emphasized to each company.
employee the lessons from what was then known of the TMI-2 leak rate situation.
The investigation regarding TMI-1 was ccmpleted and published in June of 1984.
While the investigation of THI-2 is not yet ecmpleta, this past week Mr. Stier briefed ccmpany management en its status.
He advised us that he has reached some initial conclusions on the patterns of behavior that existed with regard to the TMI-2 reactor coolant inventory balance tests in the months prior to March,1979.
The patterns of behavior he des-cribed are not acceptabl e.
In addition, Mr. Stier advised that he believes the behavior was a general pattern and likely known by most, if not all, of those involved in the THI-2 leak rate tests.
Based on the infomation developed to date, there is reason to believe that you were one of those who may have taken part in or may have been aware of improper conduct of TMI-2 leak rate tests.
The determination of whether or not this was the case, of the extent of your involvement, and of any extenuating or mitigating circumstances has not been made pending completion of Mr. Stier's investigation an'd review and analysis of his report by management..
Mr. Stier now expects to complete the investiga-tion and provide his report in April.
In the interim:
1.
In accordance with our policy on, " Assignment of Employees While Questions on Their Performance or Conduct are Being Resolved" and in recognition of your performance since 1979, the company has decided to continue you in your present assignment.
However, we will intensify supervi sory review of your perfomance especially your understanding and implementation of the company's position requiring full compliance with all requirements.
GPU %c'e3f C0r;;,crat:ct s s swQiid aty of Gcect31 N5hC Ut I t*t c:rccrat on
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The company continues to expect your full, truthful cooperation with Mr. Stier in completing his investigation including expression of your recognition and acknowledgement of prior improper behavior, if q
any.
I want to review this matter with you personally.
Please read the attachments in preparation for that discussion with me.
Very truly yours, Robert t..
Long Richard F. Wilson Vice President / Director Vice President / Director Nuclear Assurance Technical Functions Attachments f
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S UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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A11 :04 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter
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METROPOLITAN EDISON COMPANY
)
Docket No. 50-289 SP
)
(Restart Remand on Management)
(Three Mile Island Nuclear
)
Station, Unit No. 1)
)
SERVICE LIST Nunzio J. Palladino, Chairman Administrative Judge U.S. Nuclear Regulatory Commission John H. Buck Washington, D.C.
20555 Atomic Safety & Licensing Appeal Board Thomas M. Roberts, Commissioner U.S. Nuclear Regulatory Commissiod U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 Administrative Judge James K. Asselstine, Commissioner Christine N. Kohl U.S. Nuclear Regulatory Commission Atomic Safety & Licensing Appeal Washington, D.C.
20555 Board U.S. Nuclear Regulatory CommissioG Frederick Bernthal, Commissioner Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Washington, D.C.-
20555 Administrative Judge Ivan W. Smith, Chairman Lando W.
Zeck, Jr., Commissioner-Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory CommissioG Washington, D.C.
20555 Washington, D.C.
20555 Administrative Judge Administrative Judge Gary J. Edles, Chairman Sheldon J. Wolfe Atomic Safety & Licensing Appeal Atomic Safety & Licensing Board Board U.S. Nuclear Regulatory CommissioG U.S. Nuclear. Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555
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Administrative Judge Mr. Henry D. Hukill Gustave A.
Linenberger, Jr.
Vice President i_
Atomic Safety & Licensing Board GPU Nuclear Corporation U.S. Nuclear Regulatory Commission P.O. Box 480 Washington, D.C.
20555 Middletown, PA 17057 Docketing and Service Section (3)
Mr. and Mrs. Norman Aamodt Office of the Secretary R.D. 5 I-U.S. Nuclear Regulatory Commission Coatesville, PA 19320 Washington, D.C.
20555 Ms. Louise Bradford Atomic Safety & Licensing Board TMI ALERT Panel 1011 Green Street U.S. Nuclear Regulatory Commission Harrisburg, PA 17102 l
Washington, D.C.
20555 Joanne Doroshow, Esquire Atomic Safety & Licensing Appeal The Cnristic Institute i
Board Panel 1324 North Capitol Street U.S. Nuclear Regulatory Commission Washington, D.C.
20002 l
Washington, D.C.. 20555 Lynne Bernabei, Esq.
^
l Jack R. Goldberg, Esq. (4)
Pr et Office of the Executive Legal 1555 Connecticut Avenue Director Washington, D.C.
20009 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Ellyn R. Weiss, Esq.
l Harmon, Weiss & Jordan Thomas Y. Au, Esq.
2001 S Street, N.W.,
Suite 43:
Office of Chief Counsel Washington, D.C.
20009 Department of Environmental Resources Michael F.
McBride, Esq.
505 Executive House LeBoeuf, Lamb, Leiby & MacRae P.O. Box 2357 1333 New Hampshire Avenue, N.W.
Harrisburg, PA 17120 Suite 1100 Washington, D.C.
20036 Michael W. Maupin Esq.
William T. Russell Hunton & Williams Deputy Director, Division 707 East Main Street of Human Factors Safety P.O. Box 1535 Office Of NRR Richmond, VA 23212 Mail Stop AR5200 U.S. NRC Washington, D.C.
20555 6
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