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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20210B8491999-07-21021 July 1999 Exemption from Certain Requirements of 10CFR50.54(w),for Three Mile Island Nuclear Station Unit 2 to Reduce Amount of Insurance for Unit to $50 Million for Onsite Property Damage Coverage ML20206D4141999-04-20020 April 1999 Exemption from Requirements of 10CFR50,App R,Section III.G.2 Re Enclosure of Cable & Equipment & Associated non-safety Related Circuits of One Redundant Train in Fire Barrier Having 1-hour Rating ML20206T7211999-02-11011 February 1999 Memorandum & Order (CLI-99-02).* Denies C George Request for Intervention & Dismisses Subpart M License Transfer Proceeding.With Certificate of Svc.Served on 990211 ML20198A5111998-12-11011 December 1998 Comment Opposing Proposed Rule 10CFR50.65 Re Requirements for Monitoring Effectiveness of Maintenance at Nuclear Power Plants.Proposed Rulemaking Details Collaborative Efforts in That Rule Interjects Change ML20154G2941998-09-17017 September 1998 Transcript of 980917 Public Meeting in Rockville,Md Re License Transfer of TMI-1 from Gpu Nuclear,Inc to Amergen. Pp 1-41 ML20199J0121997-11-20020 November 1997 Comment on Pr 10CFR50 Re Financial Assurance Requirements for Decommisioning Nuclear Power Reactors.Three Mile Island Alert Invokes Comments of P Bradford,Former NRC Member ML20148R7581997-06-30030 June 1997 Comment on NRC Proposed Bulletin 96-001,suppl 1, Control Rod Insertion Problems. Licensee References Proposed Generic Communication, Control Rod Insertion, & Ltrs & 961022 from B&W Owners Group ML20078H0431995-02-0101 February 1995 Comment Opposing Proposed Rule 10CFR50 Re Shutdown & Lowpower Operations for Nuclear Reactors ML20077E8231994-12-0808 December 1994 Comment Supporting Proposed Rules 10CFR2,51 & 54 Re Rev to NRC NPP License Renewal Rule ML20149E2021994-04-20020 April 1994 R Gary Statement Re 10 Mile Rule Under Director'S Decision DD-94-03,dtd 940331 for Tmi.Urges Commissioners to Engage in Reconsideration of Author Petition ML20065Q0671994-04-0707 April 1994 Principal Deficiencies in Director'S Decision 94-03 Re Pica Request Under 10CFR2.206 ML20058A5491993-11-17017 November 1993 Exemption from Requirements in 10CFR50.120 to Establish, Implement & Maintain Training Programs,Using Sys Approach to Training,For Catorgories of Personnel Listed in 10CFR50.120 ML20059J5171993-09-30030 September 1993 Transcript of 930923 Meeting of Advisory Panel for Decontamination of TMI-2 in Harrisburg,Pa.Pp 1-130.Related Documentation Encl ML20065J3461992-12-30030 December 1992 Responds to Petition of R Gary Alleging Discrepancies in RERP for Dauphin County,Pa ML20065J3731992-12-18018 December 1992 Affidavit of Gj Giangi Responding to of R Gary Requesting Action by NRC Per 10CFR2.206 ML20198E5581992-12-0101 December 1992 Transcript of Briefing by TMI-2 Advisory Panel on 921201 in Rockville,Md ML20210D7291992-06-15015 June 1992 Exemption from Requirements of 10CFR70.24 Re Criticality Accident Requirements for SNM Storage Areas at Facility Containing U Enriched to Less than 3% in U-235 Isotope ML20079E2181991-09-30030 September 1991 Submits Comments on NRC Proposed Resolution of Generic Issue 23, Reactor Coolant Pump Seal Failure. Informs That Util Endorses Comments Submitted by NUMARC ML20066J3031991-01-28028 January 1991 Comment Supporting SECY-90-347, Regulatory Impact Survey Rept ML20059P0531990-10-15015 October 1990 Comment Opposing Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal ML20059N5941990-10-0404 October 1990 Transcript of 900928 Public Meeting in Rockville,Md Re Studies of Cancer in Populations Near Nuclear Facilities, Including TMI ML20055F4411990-06-28028 June 1990 Comment Supporting Petition for Rulemaking PRM-50-55 Re Revs to FSAR ML20248J1891989-10-0606 October 1989 Order.* Grants Intervenors 891004 Motion for Permission for Opportunity to Respond to Staff Correspondence.Response Requested No Later That 891020.W/Certificate of Svc.Served on 891006 ML20248J1881989-10-0303 October 1989 Motion for Permission for Opportunity to Respond to Staff Correspondence in Response to Board Order of 890913.* Svc List Encl ML20248J0301989-09-29029 September 1989 NRC Staff Response to Appeal Board Order.* Matters Evaluated in Environ Assessment Involved Subjs Known by Parties During Proceeding & Appear in Hearing Record & Reflect Board Final Initial Decision LBP-89-7.W/Certificate of Svc ML20247E9181989-09-13013 September 1989 Order.* Requests NRC to Explain Purpose of 890911 Fr Notice on Proposed Amend to Applicant License,Revising Tech Specs Re Disposal of Accident Generated Water & Effects on ASLB Findings,By 890929.W/Certificate of Svc.Served on 890913 ML20247G0361989-07-26026 July 1989 Transcript of Oral Argument on 890726 in Bethesda,Md Re Disposal of accident-generated Water.Pp 1-65.Supporting Info Encl ML20247B7781989-07-18018 July 1989 Certificate of Svc.* Certifies Svc of Encl Gpu 890607 & 0628 Ltrs to NRC & Commonwealth of Pa,Respectively.W/Svc List ML20245D3651989-06-20020 June 1989 Notice of Oral Argument.* Oral Argument on Appeal of Susquehanna Valley Alliance & TMI Alert from ASLB 890202 Initial Decision Authorizing OL Amend,Will Be Heard on 890726 in Bethesda,Md.W/Certificate of Svc.Served on 890620 ML20245A5621989-06-14014 June 1989 Order.* Advises That Oral Argument on Appeal of Susquehanna Valley Alliance & TMI Alert from Board 890202 Initial Decision LBP-89-07 Authorizing OL Amend Will Be Heard on 890726 in Bethesda,Md.W/Certificate of Svc.Served on 890614 ML20247F3151989-05-22022 May 1989 NRC Staff Response to Appeal by Joint Intervenors Susquehanna Valley Alliance/Tmi Alert.* Appeal Should Be Denied Based on Failure to Identify Errors in Fact & Law Subj to Appeal.W/Certificate of Svc ML20246Q2971989-05-15015 May 1989 Comment Opposing Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants ML20246J6081989-05-12012 May 1989 Licensee Brief in Reply to Joint Intervenors Appeal from Final Initial Decision.* ASLB 890203 Final Initial Decision LBP-89-07 Re Deleting Prohibition on Disposal of accident- Generated Water Should Be Affirmed.W/Certificate of Svc ML20247D2761989-04-20020 April 1989 Transcript of 890420 Briefing in Rockville,Md on Status of TMI-2 Cleanup Activities.Pp 1-51.Related Info Encl ML20244C0361989-04-13013 April 1989 Order.* Commission Finds That ASLB Decision Resolving All Relevant Matters in Favor of Licensee & Granting Application for OL Amend,Should Become Effective Immediately.Certificate of Svc Encl.Served on 890413 ML20245A8381989-04-13013 April 1989 Transcript of Advisory Panel for Decontamination of TMI-2 890413 Meeting in Harrisburg,Pa.Pp 1-79.Supporting Info Encl ML20245A2961989-04-13013 April 1989 Transcript of 890413 Meeting in Rockville,Md Re Affirmation/Discussion & Vote ML20248H1811989-04-0606 April 1989 Valley Alliance/Tmi Alert Motion for Leave to File Appeal Brief out-of-time.* W/Certificate of Svc.Served on 890411.Granted for Aslab on 890410 ML20248G0151989-04-0606 April 1989 Valley Alliance/Tmi Alert Motion for Leave to File Appeal Brief out-of-time.* Requests to File Appeal Brief 1 Day Late Due to Person Typing Document Having Schedule Problems ML20248G0261989-04-0606 April 1989 Susguehanna Valley Alliance/Tmi Alert Brief in Support of Notification to File Appeal & Request for Oral Argument Re Appeal.* Certificate of Svc Encl ML20248D7211989-04-0404 April 1989 Memorandum & Order.* Intervenors Application for Stay Denied Due to Failure to Lack of Demonstrated Irreparable Injury & Any Showing of Certainty That Intervenors Will Prevail on Merits of Appeal.W/Certificate of Svc.Served on 890404 ML20247A4671989-03-23023 March 1989 Correction Notice.* Advises That Date of 891203 Appearing in Text of Commission 890322 Order Incorrect.Date Should Be 871203.Certificate of Svc Encl.Served on 890323 ML20246M2611989-03-22022 March 1989 Order.* Advises That Commission Currently Considering Question of Effectiveness,Pending Appellate Review of Final Initial Decision in Case Issued by ASLB in LBP-89-07. Certificate of Svc Encl.Served on 890322 ML20236D3821989-03-16016 March 1989 Valley Alliance & TMI Alert Motion for Extension of Time to File Brief in Support of Request for Appeal in Matter of 2.3 Million Gallons Of....* Certificate of Svc Encl.Served on 890316.Granted for Aslab on 890316 ML20236D3121989-03-15015 March 1989 Licensee Answer to Joint Intervenors Motion for Extension of Time to File Brief on Appeal.* Motion Opposed Based on Failure to Demonstrate Good Cause.W/Certificate of Svc ML20236D2901989-03-11011 March 1989 Valley Alliance/Tmi Alert Motion for Extension of Time to File Brief in Support of Request for Appeal in Matter of Disposal of 2.3 Million Gallons of Radioactive Water at Tmi,Unit 2.* Svc List Encl ML20236A3761989-03-0808 March 1989 Licensee Answer Opposing Joint Intervenors Motion for Stay.* Stay of Licensing Board Decision Pending Appeal Unwarranted Under NRC Stds.Stay Could Delay Safe,Expeditious Cleanup of Facility.Certificate of Svc Encl ML20236C2441989-03-0808 March 1989 NRC Staff Response in Opposition to Application for Stay Filed by Joint Intervenors.* Application for Stay of Effectiveness of Final Initial Decision LBP-89-07,dtd 890202 Should Be Denied.W/Certificate of Svc ML20235V2641989-03-0202 March 1989 Notice of Aslab Reconstitution.* TS Moore,Chairman,Cn Kohl & Ha Wilber,Members.Served on 890303.W/Certificate of Svc ML20235V2161989-02-25025 February 1989 Changes & Corrections to Susquehanna Valley Alliance/Three Mile Island Alert Documents Submitted on 890221.* Certificate of Svc Encl 1999-07-21
[Table view] Category:PLEADINGS
MONTHYEARML20065J3461992-12-30030 December 1992 Responds to Petition of R Gary Alleging Discrepancies in RERP for Dauphin County,Pa ML20248J1881989-10-0303 October 1989 Motion for Permission for Opportunity to Respond to Staff Correspondence in Response to Board Order of 890913.* Svc List Encl ML20248J0301989-09-29029 September 1989 NRC Staff Response to Appeal Board Order.* Matters Evaluated in Environ Assessment Involved Subjs Known by Parties During Proceeding & Appear in Hearing Record & Reflect Board Final Initial Decision LBP-89-7.W/Certificate of Svc ML20248H1811989-04-0606 April 1989 Valley Alliance/Tmi Alert Motion for Leave to File Appeal Brief out-of-time.* W/Certificate of Svc.Served on 890411.Granted for Aslab on 890410 ML20248G0261989-04-0606 April 1989 Susguehanna Valley Alliance/Tmi Alert Brief in Support of Notification to File Appeal & Request for Oral Argument Re Appeal.* Certificate of Svc Encl ML20248G0151989-04-0606 April 1989 Valley Alliance/Tmi Alert Motion for Leave to File Appeal Brief out-of-time.* Requests to File Appeal Brief 1 Day Late Due to Person Typing Document Having Schedule Problems ML20236D3821989-03-16016 March 1989 Valley Alliance & TMI Alert Motion for Extension of Time to File Brief in Support of Request for Appeal in Matter of 2.3 Million Gallons Of....* Certificate of Svc Encl.Served on 890316.Granted for Aslab on 890316 ML20236D3121989-03-15015 March 1989 Licensee Answer to Joint Intervenors Motion for Extension of Time to File Brief on Appeal.* Motion Opposed Based on Failure to Demonstrate Good Cause.W/Certificate of Svc ML20236D2901989-03-11011 March 1989 Valley Alliance/Tmi Alert Motion for Extension of Time to File Brief in Support of Request for Appeal in Matter of Disposal of 2.3 Million Gallons of Radioactive Water at Tmi,Unit 2.* Svc List Encl ML20236A3761989-03-0808 March 1989 Licensee Answer Opposing Joint Intervenors Motion for Stay.* Stay of Licensing Board Decision Pending Appeal Unwarranted Under NRC Stds.Stay Could Delay Safe,Expeditious Cleanup of Facility.Certificate of Svc Encl ML20236C2441989-03-0808 March 1989 NRC Staff Response in Opposition to Application for Stay Filed by Joint Intervenors.* Application for Stay of Effectiveness of Final Initial Decision LBP-89-07,dtd 890202 Should Be Denied.W/Certificate of Svc ML20235N1621989-02-20020 February 1989 Application for Stay of Effectiveness of Final Initial Decision LBP-89-07 Dtd 890202.* Licensee Would Not Be Harmed by Granting of Stay ML20205D8451988-10-24024 October 1988 Licensee Motion to Strike Portions of Proposed Testimony of Kz Morgan.* Proposed Testimony Should Be Ruled to Be Not Admissible as Evidence in Upcoming Hearing.Supporting Info & Certificate of Svc Encl.W/Copyrighted Matl ML20205D6801988-10-20020 October 1988 Valley Alliance/Tmi Alert Notification to Parties That Kz Morgan Apps to Testimony Should Be Accepted as Exhibits.* Apps Listed.Svc List Encl.Related Correspondence ML20155G9981988-10-0404 October 1988 Valley Alliance/Tmi Alert Motion for Reconsideration of Part of Judge Order (880927) Re Limited Appearance Statements by Public.* Certificate of Svc Encl ML20155G9921988-10-0404 October 1988 Valley Alliance/Tmi Alert Motion to Submit Witness Testimony as Evidence W/O cross-exam at Hearing in Lancaster.* Requests That Cw Huver Testimony Be Accepted as Evidence ML20151S0261988-07-28028 July 1988 Valley Alliance/Tmi Alert Response to Licensee Notification of Typo in Bid Procurement Document.* Explanation for Change in Document Inadequate.W/Svc List ML20196G7801988-06-23023 June 1988 Motion of NRC Staff for Leave to File Response Out of Time.* Encl NRC Response in Support of Licensee Motion for Summary Disposition Delayed Due to Equipment Problems ML20196G9051988-06-23023 June 1988 NRC Staff Response in Support of Licensee Motion for Summary Disposition.* Motion Should Be Granted on Basis That No Genuine Issue Before ASLB or to Be Litigated.Supporting Documentation & Certificate of Svc Encl ML20196B5091988-06-20020 June 1988 Valley Alliance/Tmi Alert Response to Licensee Motion or Summary Disposition on Contentions 1-4,5d,6 & 8.* Affidavits of Kz Morgan,R Piccioni,L Kosarek & C Huver & Supporting Documentation Encl ML20154E2301988-05-16016 May 1988 Licensee Statement of Matl Facts as to Which There Is No Genuine Issue to Be Heard (Contentions 1,2,3 & 8).* ML20154E2081988-05-16016 May 1988 Licensee Motion for Summary Disposition on Alternatives (Contentions 1,2,3 & 8).* Motion Should Be Granted Based on Licensee Meeting Burden of Showing That Alternatives Not Superior to Licensee Proposal ML20154E3491988-05-16016 May 1988 Licensee Statement of Matl Facts as to Which There Is No Genuine Issue to Be Heard (Contention 5d).* ML20154E2851988-05-16016 May 1988 Licensee Statement of Matl Facts as to Which There Is No Genuine Issue to Be Heard (Contentions 4b in Part & 6 on Chemicals).* ML20154E3251988-05-16016 May 1988 Licensee Motion for Summary Disposition of Contention 5d.* Motion Should Be Granted in Licensee Favor ML20154E2681988-05-16016 May 1988 Licensee Motion for Summary Disposition of Contentions 4b in Part & 6 (Chemicals).* Licensee Entitled to Decision in Favor on Contentions & Motion Should Be Granted ML20154E1631988-05-0909 May 1988 Licensee Statement of Matl Facts as to Which No Genuine Issue to Be Heard (Contentions 4b in part,4c & 4d).* Lists Matl Facts for Which No Genuine Issue Exists ML20154E1281988-05-0909 May 1988 Licensee Motion for Summary Disposition of Contentions 4b (in part),4c & 4d.* Requests That Motion for Summary Disposition Be Granted on Basis That No Genuine Issue of Matl Fact Exists to Be Heard Re Contentions ML20154E1761988-05-0909 May 1988 Licensee Memorandum of Law in Support of Motions for Summary Disposition.* Requests Ample Notice Should Board Decide to Deny Summary in Part or in Whole ML20151E9491988-04-0707 April 1988 Licensee Answer to Intervenor Motion for Order on Production of Info on Disposal Sys Installation & Testing.* Intervenor 880330 Motion Should Be Denied Due to Insufficient Legal Basis.W/Certificate of Svc ML20150F9821988-04-0101 April 1988 Licensee Answer to Intervenors Motion to Compel Discovery.* Motion Should Be Denied on Basis That Licensee Responded Fully to Discovery Request.Certificate of Svc Encl ML20148P3931988-03-30030 March 1988 Valley Alliance & TMI Alert Motion to Request That Presiding Judge Order Gpu Nuclear to Provide Addl Info & Clarify Intentions to Install Test & Conduct Experiments W/Evaporator Prior to Hearings.* ML20196D2801988-02-12012 February 1988 NRC Staff Response to Motion by TMI Alert/Susquehanna Valley Alliance for Extension of Discovery.* Motion Should Be Denied.Certificate of Svc Encl ML20196D3541988-02-10010 February 1988 Licensee Response Opposing Susquehanna Valley Alliance/Tmi Alert Intervenor Motion for Extension of Time for Discovery.* Joint Intervenors Failed to Show Good Cause for Extension of Time for Discovery.Certificate of Svc Encl ML20148D4661988-01-19019 January 1988 Licensee Objection to Special Prehearing Conference Order.* Board Requested to Clarify 880105 Order Consistent W/ Discussed Description of Board Jurisdiction & Scope of Proceeding.W/Certificate of Svc ML20236N9081987-11-0505 November 1987 Joint Motion for Approval of Settlement Agreement & for Termination of Proceeding.* Termination of Proceeding Should Be Granted ML20235F3651987-09-23023 September 1987 Util Response Opposing NRC Staff Motion to Rescind Protective Order.* Response Opposing Protective Order Guarding Confidentiality of Document Re Methodology of Bechtel Internal Audit Group ML20235B3911987-09-18018 September 1987 NRC Staff Motion for Extension of Time.* Staff Requests Short Extension of Time Until 870925 to File Responses to Pending Petitions.Certificate of Svc Encl ML20235F4401987-09-18018 September 1987 Util Supplemental Response to NRC Staff First Request for Admissions.* Util Objects to Request as Vague in Not Specifying Time Frame or Defining Proprietary, Pecuniary.... W/Certificate of Svc.Related Correspondence ML20238E6001987-09-0404 September 1987 NRC Staff Motion to Rescind Protective Order.* Protective Order Should Be Rescinded & Presiding Officer Should Take Further Action as Deemed Appropriate.W/ Certificate of Svc ML20238E6391987-09-0303 September 1987 Commonwealth of PA Statement in Support of Request for Hearing & Petition to Participate as Interested State.* Susquehanna Valley Alliance 870728 Request for Hearing, Notice of Appearance & Certificate of Svc Encl ML20237J9931987-08-12012 August 1987 Joint Gpu & NRC Staff Motion for Protective Order.* Order Will Resolve Discovery Dispute ML20237K0431987-08-11011 August 1987 Gpu Response Opposing Parks Motion to Quash Subpoena Duces Tecum.* Exhibits & Certificate of Svc Encl ML20236P1871987-08-0505 August 1987 Formal Response of Rd Parks to Subpoena Duces Tecum of Gpu &/Or,In Alternative,Motion to Quash/Modify Subpoena Due to Privileged Info.* Documents Are Communications Protected by Atty/Client Privilege.Certificate of Svc Encl ML20236E7101987-07-28028 July 1987 Joint General Public Utils Nuclear Corp & NRC Staff Motion for Protective Order.* Adoption & Signature of Encl Proposed Order Requested ML20216J7871987-06-29029 June 1987 Opposition of Gpu Nuclear Corp to Aamodt Motion for Reconsideration.* Motion Asserts Board Did Not Consider Important Evidence on Leakage at TMI-2.W/Certificate of Svc ML20216D2311987-06-23023 June 1987 Response of Jg Herbein to Aamodt Request for Review & Motion for Reconsideration.* Opportunity for Comment Should Come After NRC Has Made Recommendations to Commission.Certificate of Svc Encl ML20215J8981987-06-19019 June 1987 Response of Numerous Employees to Aamodt Request to File Comments on Recommended Decision.* Numerous Employees Do Not Agree W/Aamodt That Recommended Decision Is Greatly in Error.Certificate of Svc Encl ML20215K2121987-06-17017 June 1987 (Motion for reconsideration,870610).* Corrections to Pages 3 & 4 Listed ML20215J7551987-06-15015 June 1987 Gpu Response to Motion to Quash Subpoena.* Dept of Labor 870601 Motion to Quash Subpoena Served on D Feinberg Should Be Denied.W/Certificate of Svc 1992-12-30
[Table view] |
Text
U@bk i l 1
J l
,e i May 29, 1985 UNITED STATES.0F AMERICA NUCLEAR REGULATORY COMMISSION ('
BSCHETED USHRC BEFORE THE COMMISSION l85 HAY 31 R2:27 In the Matter of )
) ~r : r n - a METROPOLITAN EDISON COMPANY ) Docket No. 50-2895E ,,-
) (Restart) - ~
(Three_ Mile Island Nuclear )
Station, Unit No. 1) )
LICENSEE'S ANSWER TO TMIA'S MOTION TO REOPEN THE RECORD FOR THE PURPOSE OF RECEIVING ADDITIONAL INFORMATION On May 22, 1985, TMIA filed TMIA's Motion to Reopen the Record for the Purpose _of Receiving Additional Information
("TMIA Motion") and accompanying TMIA's Brief in Support of Its Motion to Reopen the Record for the Purpose of Receiving Addi-tional Information ("TMIA Brief"). TMIA maintains that " newly acquired evidence" constitutes a sufficient basis for reopening the record of the TMT-1 restart proceeding. As Licensee shows below, TMIA's new facts are neither newly acquired nor signifi-cant. Accordingly, the TMIA Motion should be denied.
The standard for reopening a record is well-established within this agency. "Under commission practice, reopening is required when new evidence is shown to be timely, safety significant, and sufficiently material to have changed the re-sult initially taken." San Luis Obispo Mothers for Peace v.
Nuclear Regulatory Commission, 751 F.2d 1287 (D.C. Cir. 1984)
]
G A Kh ge9 PDR
'h
(emphasis in original), citing Kansas Gas & Elec. Co. (Wolf Creek Generating Station, Unit No. 1), ALAB-462, 7 N.R.C. 320, 338 (1978). TMIA's evidence utterly fails to meet this stan-dard.
The TMIA Motion is based on two allegedly new pieces of information. The first is the emergency procedures review test taken in 1979 by two individuals, known as Messrs. O and VV, neither of whom have worked at TMI-l or for GPU Nuclear Corpo-ration for some time. The test in question was a senior reac-tor operator ("SRO") weekly requalification training test on emergency procedures. Mr. O, one of the two individuals who cheated on the NRC license examination in April of 1981, re-ceived a grade of 91.3% on the test. Mr. VV, the individual who was found to have cheated in July, 1979 by improperly receiving assistance from Mr. O in an effort to satisfy his license requalification requirements, received a 68.6% on the test.1! By comparing the last page of Mr. VV's test with the seventh page of Mr. O's test, it appears that the answer on both tests to question five was written by Mr. O. In June, 1984, these tests, along with a reference to the evidence of cheating, were provided to the parties by Licensee. See Notice to the Commission, Appeal Board, Licensing Board and Parties from counsel for Licensee, dated June 1, 1984. TMIA argues that this information raises questions about Licensee 1/ Mr. VV's failing grade was reflected in an exhibit, TMIA Exhibit 66, which was part of the hearing on cheating.
]
I management's credibility and integrity. TMIA Motion at (unnumbered) page 3.
As a preliminary matter, the TMIA Motion is virtually one year late and, for that reason alone, should be rejected out-of-hand.2/ TMIA's assertion that this information was
" heretofore unavailable" flies in the face of TMIA's own mo-tion, which acknowledges its availability since June, 1984.
Compare TMIA Brief at 1 (unnumbered) page with TMIA Motion at (unnumbered) page 3 and TMIA Brief at (unnumbered) page 4.3/
Furthermore, even if this information were new, it has no safety significance to operation of TMI-l nor wculd it have af-fected, much less materially changed, the outcome of the restart proceeding. Neither Mr. O nor Mr. VV uorks for GPU Nu-clear Corporation today. Mr. O has not worked at TMI since the 2/ See San Luis Obispo Motions for Peace, supra, 751 F.2d at 1318-1319.
3/ Without any supporting evidence, TMIA maintains that Licensee " withheld this information until May of 1984" when it produced the information for the grand jury investigation of Mr. VV. TMIA Brief at 4-5; TMIA Motion at (unnumbered page) 3.
Extremely serious charges of thic kind, involving acts of moral turpitude, certainly ought not be made without a substantial factual basis. See, e.g., Fed. R. Civ. P. 11 (sanctions "shall" be imposed by court for a party's wholly unsubstantiated statements). As indicated in Licensee's Notice transmitting the tests in questien, these tests simply were not discovered by Licensee until the document review precipitated by the VV grand jury investigation. During the cheating hear-ings, numerous exams were produced. However, in accordance with an agreement rea'ched by Licensee and TMIA, no exams prior to 1980 were provided or reviewed unless the exams involved a known incident of misconduct. See October 3, 1981 TMIA Inter-rogatories to Licensee (As Modified by Agreement). The tests on which TMIA's motion is based do not fit either of these categories. TMIA's assertions are outrageous and wrong.
E discovery of his cheating in August, 1981.A/ Mr. VV left Licensee's employ in April, 1983. See Board notification from counsel for Licensee, dated May 6, 1983. Moreover, at most, additional evidence of improper conduct by Mr. O or Mr. VV would simply have added to the substantial evidence of this fact accumulated in the TMI-l restart proceeding. It would not have materially altered the existent findings in any way.
As well, the indirect causes of cheating that occurred at TMI were thoroughly litigated in both the proceeding before the Special Master and the reopened proceeding before the Licensing Board on training. See, e.g., Metropolitan Edison Co. (Three Mile Island Nuclear Generating Station, Unit 1), LBP , 21 N.R.C. (May 2, 1985) (" Training PID"), III.B, slip op. at 37-72. As the Appeal Board observed in ALAB-772, and as Licensee has repeatedly acknowledged, it is now well understood that prior to the discovery of cheating at TMI, procedures were not in place to prevent and check for such misconduct. See, e.g., Metropolitan Edison Co. (Three Mile Island Nuclear Generating Station, Unit 1), ALAB-772, 19 N.R.C. 1193, 1212 n.15 (1984). Evidence as to why this was so, and what was done about it, has been the subject cf extensive litigation in which TMIA participated. In its May 2, 1985 Partial Initial Decision
("PID"), referring to Licensee's current stringent exam 4/ TMIA also refers to Mr. Gary Miller, Superintendent of TMI during the accident, and his appreciation of Mr. O's miscon-duct. As TMIA knows, Mr. Miller also no longer works for GPU Nuclear. See TMIA Motion, Exhibit C at page 3-4.
D
security practices, the Licensing Board concluded, "We cannot envision a way to improve them." Training PID, slip op. at 64.
In short, no current problem exists on this score, nor does TMIA point to one.
TMIA argues that its "new" evidence undercuts the Licens-ing Board's recent finding that, " Employees of Licensee who failed to prevent the cheating acknowledged their failures and their responsibility to prevent cheating." TMIA Motion at (unnumbered) page 3, citing Training PID at 214. TMIA offers no explanation for its conclusion, and there is no apparent basis for it. The tests in question involve individuals who are not current Licensee employees. The tests appear to estab-lish misconduct involving two individuals in 1979, a time dur-ing which procedures were admittedly lax. As the Board ob-served, Licensee has fully acknowledged its failures and responsibility for this situation. TMIA's "new evidence" would not alter in any way any of these facts or adjudicatory find-ings.
In short, the first piece of information on which the TMIA Motion is based is neither new nor safety significant to resumed operation of TMI-1, and it would not have changed the result reached by the Licensing Board. Thus, it fails each of the three prongs of the legal standard for reopening a record in an NRC adjudicatory proceeding.
TMIA's second ground for reopening the record also falls short. TMIA's claim is not timely,E/ and it fails to identify 5/ The Office of Investigation ("0I") investigation report, H-82-002, on which TMIA's argument is based was publicly (Continued next page)
significant new information, or information that would materi-ally affect the outcome of the restart proceeding.
TMIA argues that the OI Report of Investigation, H-82-002, issued in February, 1985, contains information that also would have resulted in the Licensing Board not concluding that Licensee employees who failed to prevent cheating have acknowl-edged their failures and their responsibility. TMIA Motion at (unnumbered) page 5; TMIA Brief at 2-4. In particular, TMIA points to alleged evidence of (i) Licensee's attempt to keep from the NRC that fact that Mr. VV cheated on a 1979 requalification examination;5! and (ii) Licensee's failure to declare a clear policy against Mr. VV's conduct. TMIA Motion at 4; TMIA Brief at 2-4. Again, TMIA fails to address the fact that none of the principal players involved in the 1979 certi-fication of Mr. VV to the NRC continue to work at TMI-l or for GPU Nuclear Corporation. This includes Messrs. VV, O, Miller, Herbein and Arnold. See Metropolitan Edison Co. (Three Mile Island Nuclear Station, Unit No. 1), CLI-85-2, slip op. at (Continued) released on February 1, 1985 and served on the parties, including TMIA, in March, 1985. Whether or not TMIA should have earlier filed a motion based on the OI Report, what is significant here, as Licensee discusses above, is that the information contained in that Report on which TMIA now relies has been available to TMIA for some time.
6/ It was Robert Arnold, then President of GPU Nuclear, who Erought this matter to the NRC's attention. Metropolitan Edison Co. (Three Mile Island Nuclear Station, Unit 1),
LBP-82-56, 16 N.R.C. 281, 355 (1982).
~
f j L
60-61. It is therefore difficult to imagine how TMIA's claims, J <
i even if new, could affect operation of TMI-1.
Moreover, assuming nrquendo that the information relied on by TMIA supports TMIA's assertions, neither of these proposi-
! tions are new, nor are they materially different from findings.
- already made on this very issue by the Licensing Board. As to 5
Licensee's alleged attempt to keep from the NRC, in its August j
j 3, 1979 certification letter and in a subsequent VV license re-newal application, 1/ Mr. VV's misconduct, this action was de-
. scribed in detail by the Licensing Board in its July, 1982 PID.
- 1. See Metropolitan Edison Co. (Three Mile Island Nuclear Station, t Unit 1), LBP-82-56, 16 N.R.C. 281, 348-355 (1982). Indeed, it
. was the Licensing' Board's finding that Mr. VV had been falsely
! certified to the NRC as having achieved a grade of 89.1% on one
! section of his requalification exam which led it to specifical-1 ly recommend an NRC investigation -- ultimately, H-82-002 --
I into the August 3, 1979 certification. Id. at 353-354.
i i
i 1/ The two documents referred to by TMIA are attachments 4 i and 27 of the OI Report of Investigation. See TMIA Motion at
! (unnumbered) page 4. The VV certification was discussed in de-i tail in the so-called Speaker Report, Licensee's independent j investigation of this matter. The complete Speaker Report was provided to the parties in March, 1983. Included as exhibits 1 to the Speaker Report and discussed therein are attachments 4
- and 27 of the OI Report. TMIA also refers to a memo from G. P.
Miller to E. Blake and an August 20, 1979 memo to TMI-2 depart-ment heads. TMIA Motion at (unnumbered) page 4; TMIA Brief at (unnumbered) page 2. The handwritten version of the former document and the latter document also are exhibits in the Speaker-Report. See Speaker Report, Vol. 1, Exhs. 1, lA, 24; Vol. 3, pp. 15-16; Vol. 4, Exh. A.
I o-l Similarly, the Licensing Board specifically found that Licensee did not declare a clear policy against Mr. VV's con-duct. Id. at 3461. However in its view, this decision was not improper:
We infer that. Judge Milhollin and interve-nor TMIA believe that VV's reassignment should have been called a. demotion, and -
that the demotion should have been specifi-cally.known to VV and to the entire opera-tions staff. These actions, of course, would have humiliated VV. We have rarely seen competent managers attempt to solve their personnel problems in this manner, either in government, industry, commerce or academia. Moreover, a humiliation would have been very destructive, we believe, to .
VV's effectiveness, particularly in his ability to work.with others. It would not have made a contribution to safety. In sum, we. view Mr. Arnold's reassignment of VV to be an appropriate reallocation of company personnel resources.
Id. at 347-348. TMIA's argument that Mr. VV's temporary as- '
signment to the TMI-2 accident assessment group establishes the absence of a demotion was an argument previously made by TMIA.
See TMIA Brief at (unnumbered) page 2 TMIA Proposed Findings ;
of Fact and Conclusions of Law on Issues Raised in Reopened TMI-l Restart Proceeding, January 15, 1982, at 18-20. The fact that the memorandum reflecting Mr. VV's job transfer indicated that the change would allow Licensee to make the best use of Mr. VV's talent and knowledge of the plant squares with the Board's finding that Licensee did not publicly demote Mr. VV but " prudently matched VV's abilities to the right job for him." LBP-82-56, supra, 16 N.R.C. at 347-348. Furthermore, the memorandum has been available to TMIA since March, 1983.
,,.w,r,- ,-- ,, - -- ,- ,--
See, n.7, supra. In short, there is nothing new about TMIA's facts or arguments.
Thus, TMIA's "new" assertions concerning the 1979 VV cer-tification, which was the subject of an OI Report of Investiga-tion released in February, 1985, are based on no new evidence and are no more than restatements of specific findings made or arguments considered by the Licensing Board in the July, 1982 PID. As such, they fail to meet the requisite standard for re-opening the adjudicatory record of the TMI-l restart proceed- .
ing.
Because TMIA has failed to establish any basis for reopen-ing the record in the TMI-1 restart proceeding, the TMIA Motion should be denied.
Respectfully submitted, h& k / v ^ ^ A_
Deborah B. Bauser SHAW, PITTMAN, POTTS & TROWBRIDGE 1800 M Street, N.W.
Washington, D.C. 20036 (202) 822-1215 counsel for Licensee Dated: May 29, 1985
May 29, 1985 000KETED USHRC UNITED STATES OF AMERICS NUCLEAR REGULATORY COMMISSION
'85 MY 31 R2:27 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD CFFi:C CF !EC1'[i' 7Y 00Cd.!lMi A Wyp,;;
oisM:.a In the Matter of )
)
METROPOLITAN EDISON COMPANY ) Docket No. 50-289
) (Restart-Management Remand)
(Three Mile Island Nuclear )
Station, Unit No. 1) )
CERTIFICATE OF SERVICE I hereby certify that copies of " Licensee's Answer to TMIA's Motion to Reopen the Record for the Purpose of Receiving Additional Information" were served this 29th day of May, 1985, by hand delivery upon the parties identified by one asterisk, by Federal Express upon the parties identified by two asterisks and by deposit in the U.S. mail, first class, postage prepaid, to the other parties on the attached Service List.
he Htst wh LL W Deborah B. Bauser
~
i I
J UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of )
)
METROPOLITAN EDISON COMPANY ) Docket No. 50-289
) (Restart Romand (Three Mile Island Nuclear ) on Management)
Station, Unit No. 1) )
SERVICE LIST
- Nunzio J. Palladino, Chairman
- Administrative Judge U.S. Nuclear Regulatory Commission Gustave A. Linenberger, Jr.
Washington, D.C. 20555 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission
- Thomas M. Roberts, Commissioner Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Administrative Judge Gary J. Edles
- James K. Asselstine, Commissioner Chairman, Atomic Safety and U.S. Nuclear Regulatory Commission Licensing Appeal Board Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555
- Frederick Bernthal, Commissioner U.S. Nuclear Regulatory Commission Administrative Judge Washington, D.C. 20555 Dr. W. Reed Johnson Atomic Safety and Licensing
- Lando W. Zech, Jr., Commissioner Appeal Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555
- Administrative Judge Administrative Judge Ivan W. Smith Christine N. Kohl chairman, Atomic Safety and Atomic Safety and Licensing Licensing Board Appeal Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555
- Administrative Judge Docketing and Service Section (3)
Sheldon J. Wolfe Office of the Secretary Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555
i SERVICE LIST PAGE 2 Atomic Safety and Licensing Mr. Henry D. Hukill Board Panel -
Vice President U.S. Nuclear Regulatory Commission *PU a Nuclear Corporation Washington, D.C. 20555 P. O. Box 480 Middletown, PA. 17057 Atomic Safety and Licensing Appeal Board Panel Mr. and Mrs. Norman Aamodt U.S. Nuclear Regulatory Commission 200 North Church Street Washington, D.C. 20555 Parkesburg, PA. 19365
- Lois R. Finkelstein, Esquire *
- Mrs. Louise Bradford Jack R. Goldberg, Esquire
Office of Executive Legal Director 1011 Green Street U.S. Nuclear Regulatory Commission Harrisburg, PA. 17102 Washington, D.C. 20555
- Thomas Y. Au, Esquire The Christic Institute 1324 North Capitol Street Office of Chief Counsel Washington, D.C. 20002 Department'of Environmental Resources 505 Executive House
- Lynne Bernabei, Esquire Government Accountability P. O. Box 2357 Project Harrisburg, PA. 17120 i
1555 Connecticut Avenue Michael P. McBride, Esquire Washington, D.C. 20036 LeBoeuf, Lamb, Leiby & MacRae 1333 New Hampshire Avenue, N.W.
- Harmon, Weiss & Jordan Washington, D.C. 20036 2001 S Street, N.W., 6430 Michael W. Maupin, Esquire Washington, D.C. 20009 4
Hunton & Williams 707 East Main Street P. O. Box 1535 Richmond, VA. 23212 l
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