ML20128R205

Advises That Commission Approved Recommendation to Allow Restart Hearing on Accuracy of Dieckamp Mailgram & Adequacy of Licensee Training Program to Continue W/Scope Unchanged. Notation Vote & Affirmation Response Sheets Encl

ML20128R205
Person / Time
Site:	Three Mile Island
Issue date:	12/04/1984
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	Plaine H, Zerbe J NRC OFFICE OF POLICY EVALUATIONS (OPE), NRC OFFICE OF THE GENERAL COUNSEL (OGC)
Shared Package
ML20128R135	List: ML20128R133 ML20128R177 ML20128R205 ML20129A025 ML20129A057
References
FOIA-85-122 NUDOCS 8507270144
Download: ML20128R205 (10)

Text

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NUCLEAR REGULATORY COMMISSION W ASHINGTON, D.C. 20555

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1. , December 4, 1984 OFFICE OF THE SECRETARY l

I MEMORANDUM FOR: Herzel H. E. Plaine, General Counsel  ;

John E. Zerbe, Director, O b 1

FROM: Samuel J. Chilk, Secretar

SUBJECT:

SECY-84-431 - TMI-1 RESTA -

- HEARINGS ON ACCURACY OF DIECKAMP MAILG RAM AND AND ADEQUACY OF LICENSEE'S TRAINING PROGRAM This is to advise you that the Commission (with all Commissioners agreeing) has approved your recommendation that the Commission allow the hearing to continue with the scope unchanged. _

._. Chairman Palladino and Commissioners Zech and Bernthal also provided

%. additional comments in their vote sheets of November 25, 14, and 21, 1984 to which you should respond as appropriate.

cc: Chairman Palladino Commissioner Roberts Commissioner Asselstine Commissioner Bernthal Commissioner Zech 8507270144 850606 PDR FOIA '

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N 0"T A T I O N VOTE RESPONSE SHEET T0: SAMUEL J. CHILK, SECRETARY OF THE COMMISSION FROM: COMMISSIONER ASSELSTINE

SUBJECT:

SECY-84-251 - LICENSEE'S. REQUEST FOR STAY OF ALAB-772 (MANAGEMENT DECISION IN TMI-l RESTART PROCEEDING)

APPROVED k DISAPPROVED ABSTAIN NOT PARTICIPATING REQUEST DISCUSSION .

COMMENTS:

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1] AIL SECRETARIAT NOTE: PLEASE-ALSO RESPOND TO AND/OR COMMENT ON OGC/0PE MEMORANDUM IF ONE HAS BEEN ISSUED ON THIS PAPER.

NRC-SECY FORM DEC. 80 -

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AFFIRM 4FYON RESPONSE SHEET T0: SAMUEL J. CHILK, SECRETARY OF THE COMMISSION FROM: COMMISSIONER ASSELSTINE

SUBJECT:

SECY-84-330B - REVISION: REVIEW OF ALAB-772 (THE MANAGEMENT DECISION IN THE TMI-l RESTART PROCEEDING) AND ALAB-738 (REOPENING ON HARTMAN ALLEGATIONS)

APPROVED DISAPPROVED ABSTAIN' NOT PARTICIPATING REQUEST DISCUSSION .

COMMENTS:

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DAlt SECRETARIAT NOTE: PLEASE ALSO. RESPOND TO.AND/OR COMMENT ON.0GC/0PE MEMORANDUM IF ONE HAS BEEN ISSUED ON THIS PAPER.

NRC-SECY FORM DEC. 80

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A V F i R M 4'T i 0 N RESPONSE SHEET T0: SAMUEL J. CHILK, SECRETARY OF THE COMMISSION FROM: COMMISSIONER ASSELSTINE

SUBJECT:

SECY-84-317 - LICENSEE'S REQUEST FOR STAY OF ALAB-772 (MANAGEMENT DECISION IN' TMI-l RESTART PROCEEDING) AND TMIA REQUEST TO LIFT STAY OF ALAB-738 (DECISION REOPENING RECORD OF HARTMAN ALLEGATIONS) -

APPROVED DISAPPROVED ABSTAIN' NOT PARTICIPATING REQUEST DISCUSSION I COMMENTS:

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SECRETARIAT NOTE: PLEASE ALSO RESPOND TO.AND/OR COMMENT ON OGC/0PE MEMORANDUM IF ONE HAS BEEN ISSUED ON THIS PAPER.

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. NESPONSE5 HEST T0: SMUELI.CHILK,SEbRETARYOFTHECOMMISSION FROM: COMMISSIONER ASSELSTINE

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NOT PARTICIPATING"" REQUEST DISCUSSION

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MEMORANDUM IF ONE HAS BEEN ISSUED ON THIS PAPER.

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N 1)"T"A T l 0 N V0TE RESPONSE SHEET T0: SAMUEL J. CHILK, SECRETARY OF THE COMMISSION FROM: COMMISSIONER ASSELSTINE

SUBJECT:

SECY-84-431 - TMI-l RESTART -- HEARINGS ON ACCURACY OF DIECKAMP MAILGRAM AND ADEQUACY OF LICENSEE'S TRAINING PROGRAM APPROVED DISAPPROVED ABSTAIN' NOT PARTICIPATING ' REQUEST DISCUSSION COMMENTS:

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NRC-SECY FORM DEC. 80 -

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AFFIRMATION RESPONSE SHEET T0: SAMUEL J. CHILK, SECRETARY OF THE COMMISSION FROM: COMMISSIONER ASSELSTINE

SUBJECT:

SECY-84-475A - REVISED TMI-l ORDER APPROVED DISAPPROVED ABSTAIN NOT PARTICIPATING REQUEST DISCUSSION COMMENTS:

My dissenting views to follow.

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DAlt SECRETARIAT NOTE: PLEASE ALSO RESPOND TO.AND/OR COMMENT ON OGC/0PE MEMORANDUM IF ONE HAS BEEN ISSUED ON THIS PAPER.

NRC-SECY FORM DEC. 80 Cc

c AFFIRMATION i RESPONSE SHEET T0

SAMUEL J. CHILK, SECRETARY OF THE COMMISSION FROM: COMMISSIONER ASSELSTINE

SUBJECT:

SECY-84-475 - WHETHER FURTHER HEARINGS ARE WARRANTED IN TMI-l RESTART PROCEEDING ON ISSUES OTHER THAN TRAINING AND DIECKAMP MAILGRAM APPROVED E in Part DISAPPROVEDn in part ABSTAIN NOT PARTICIPATING REQUEST DISCUSSION COMMENTS:' See attached s

, -v - 4 SIGNAIURL j.- f P- W DAlb SECRETARIAT NOTE: PLEASE ALSO RESPOND TO.AND/OR COMMENT ON OGC/0PE MEMORANDUM IF ONE HAS BEEN ISSUED ON THIS PAPER.

NRC-SECY FORM DEc. 80

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SECY 84-475 -- FURTHER HEARINGS IN TMI-1 I still maintain that we should not have taken review of the Appeal Board decision or of any of these other miscellaneous TMI-1 issues. The Appeal Board decision should have been allowed to stand and the other issues should have been remanded to the boards to make a reopening determination. However, since no one agreed with that course, my vote on Secy 84-475 is set out below.

I approve OGC's recommendation to allow the training and mailgram hearings to continue. I also approve OGC's recommendation that we reopen the record on the TMI-2 leak rate allegations. However, I would also reopen the record for hearings on several other issues: TMI-1 leak rate issues, the staff's change in position, and the Parks issues.

I would not limit the scope of any of the reopened hearings merely to discovering the involvement of GPUN employees now in operational positions at TMI-1. While many potentially involved individuals are no longer involved in activities at TMI-1 there appears to be no legal bar to the licensee returning such individuals to duty at TMI-1. Also, some of the involved individuals are employed at other plants or are involved in activities at THI-2. I think we should use the opportunity of the reopened hearings to develop as complete a record as possible about the activities of everyone involved. Also, an issue in the TMI-2 leak rate hearings should be whether management in any way contributed to the creation of the atmosphere which permitted or encouraged leak rate i~~ falsification and violation of procedures. This inquiry will not be possible under the limited scope of the TMI-2 leak rate hearings proposed by OGC.

N0TATION V0TE RESPONSE SHEET T0: SAMUEL J. CHILK, SECRETARY OF THE COMMISSION FROM: COMMISSIONER ASSELSTINE

SUBJECT:

SECY-85 MOTIONS TO DISQUALIFY JUDGE IVAN SMITH IN TMI-l RESTART PROCEEDING APPROVED DISAPPROVED ABSTAIN NOT PARTICIPATING REQUEST DISCUSSION COMMENTS:

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NRC-SECY FORM DEc. 80 -

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Eongress of the Enited $tates hanse of Representatiets Washington, BE. 20m January 15, 1985 The Honorable Nunzio J. Palladino Chairman, Nuclear Regulatory Comission 1717 H Street, NW Washington, D. C. 20555

Dear Chairman Palladino:

As a member of the Pennsylvania Congressional delegation, I have followed with interest the Comission's progress in hearings on the Three Mile Island (TMI) nuclear plant near Harrisburg, Pennsylvania. It is my understandhg that the Commission will meet in the near future to consider a possible restart of TMI Unit 1.

. I am deeply concerned by the recent revelation that Ivan W. Smith, chairman of the Atomic Safety and Licensing Board responsible for judging the case for _

restart, has compromised his impartiality by intervening on behalf of a TMI

. supervisor found guilty of cheating on a reactor operator license test. As you b are no doubt' aware, Mr. Smith sent a letter to US District Court Judge Sylvia Rambo asking for special consideration for the supervisor.

Mr. Smith's actions clearly make him ineligible to continue his service on the Licensing Board. and his removal as chairman and board member should be immediate. Moreover, his actions may have invalidated the fairness and impartiality of the entire proceeding.

In-this environment, I frankly find it amazing that the Comission is moving towards a vote on the restart of Unit 1. Throughout the hearing process, questions have been raised as to how well the safety of the people of Pennsylvania.is being protected. Now we are faced with an act which has compromised an entire section of the process, yet the Comission blithely

. ignores the event. The replacement of Mr. Smith and a thorough review of the Board's wor.k' must precede any decision on restart. ,

I hope that you will suspend any plans to vote on a TMI restart so as to l

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The Honorable Nunzio J. Palladino Page 2 January 15, 1985 l 1

fulfill your duty to protect the health and welfare of the people of my state.

No decision on TMI can be considered fair in the current climate of bias and partisanship. I look forward to your response.

Sin y BOB EDGAR Member of Congress BE/da cc: Commissioner Bernthal Commissioner Roberts Commissioner Asselstine Commissioner Zech

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(*nmm i s s inne r Thoma s M. Itobe r t s Commissioner lames K. Asselstone Commissioner I?rederick M. Hernthal Commissioner I.ando W. Zech,.fr.

Nuclear Regulatory Commission 1717 11 Street, N.W.

Washington, fl . C . 2(1555 Gentlemen:

I understand that the NRC will convene today, January 16, 1985, to discuss the need for further hearings before a decision is made on the restart of TMI Unit 1.

I have consistently urged the Commission itself to hold and complete the necessary proceedings so that issues relating to authorizing restart of Unit 1 could be resolved with finality.

Despite the passage of almost six years since the accident, the NRC has yet to take any conclusive action regarding these issues.

There are still concerns that the issue of management integrity has not yet been thoroughly addressed by the NRC. On November 9, 1984, the Licensing Board ruled that it would not permit the testimony of former NRC Commissioners Peter Bradford and Victor

g. Gilinsky to be introduced in subsequent hearings on the Dieckamp "Hailgram" issue despite its potential ef fect. I believe that all interested parties should be given the opportunity to present testimony and evidence before a restart decision is made.

Until all outstanding questions about theaccuracyAf'informa-tion reported by the utility during the accident and its af termath

• are thoroughly investigated, Pennsylvanians will be doubtful and As it stands, anxious of whatever decision is made about Unit 1.

the two principal reports on the issue reach opposite conclusions on the issue of withholding information. The Report of the Majority Staff of the Committee on Interior and insular The Affairs NRC's concludes that information was intentionally withheld.

investigation of the issues concludes that no information was intentionally withheld.

The NRC simply must not make a restart decision until all safety and management integrity issues have been conclusively resolved. I urge the Commission and each of you individually to expedite this process. By prior letters, I have repeatedly urged the Commission to do this; it remains essential today. -

Sincerely,

. 8KhilYD N d b 4 6, Sil(Y If Arten Spcerer' PM:hoa Ml

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• 1. January 24, 1985

! CFFN:E OF THE 4

SECR ET AR Y MEMORANDUM FOR: John E. Zerbe, Director Office of Policy Evaluation Herzel H.E. Plaine, General Counsel FROM: Samuel J. Chilk, Secret

SUBJECT:

STAFF REQUIREMENTS - DIh SSION OF NEED FOR AND IMPACT OF FURTHER TMI-1 HEARINGS, 2:00 i P.M., WEDNESDAY, JANUARY 16, 1985, COMMIS-

. SIONERS' CONFERENCE ROOM, D.C. OFFICE (OPEN

! TO PUBLIC ATTENDANCE) i . .

t The Commission met to consider the draft order in SECY-84-475 (Whether Further Hearings are Warranted in TMI-l Restart Proceeding on Issues Other Than Training and Dieckamp Mailgram) to conclude CLI-84-18.

l The Comission voted unanimously to grant Congressman George

,c . . Gekas (R-Pa.) of the 17th Congressional District several minutes to address the Commission with respect to the subject

• of the meeting. -

Chairman Palladino requested that Commissioners provide their comments on the draft order as soon as possible.

(OCM)

Chairman Palladino requested staff to provide a revised order for commission action within two weeks.

(OPE /OGC) (SECY Suspense: 1/30/85) 4 j

cc Chairman Palladino Commissioner Roberts .

Commissioner Asselstine Commissioner Bernthal Commissioner zech' .-"4

• I" Commission Staff Offices

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Tm l - TP Lower Swatara Township Board of Commissioners Franklin D. Linn. Sr.. President 1499 Spring Garden Drive. Middletown. Pennsylvania 17057 George D. Hinkle. Jr. Vice President Phone (717) 939-9377 George W. Hickernell Charles E. Ash Janet B. Wells January 31, 1985 The Nuclear Regulatory Commission 7920 Norfolk Avenue Washington, D.C. 20555 Gentlemen:

On behalf of the Lower Swatara Township Board of Commissioners, Dauphin County, Pennsylvania, we strongly support the position taken by Governor Richard Thornburgh in calling for the removal of Nuclear Regulatory Commission Administrative Law Judge Ivan W. Smith as head of a three-member federal panel considering the restart of Three Mile Island's Unit I reactor.

Mr. Smith's appeal for leniency in sentencing a former TMI employee, James R. Floyd, convicted on two counts of cheating, totally transcends professional and ethical strictures and has impaired Mr. Smith's capabilities of rendering a fair and impartial decision when considering the subject

%c'- of restart. We as elected officials cannot condone personal viewpoints that have even the slightest semblance of potential conflicts of interest.

The appearance of capitulating to special interests

,, and issues of epidemic impact affecting the safety and welfare of millions of people cannot and should not be tolerated from any official serving in a public capacity.

Mr. Smith should voluntarily resign as chairman of the Atomic Safety and Licensing Board or be removed by appropriate action of the Nuclear Regulatory Commission.

Sincerely, Franklin D. Linn, Sr.

President Board of Commissioners i

FDL:jh CC: Governor Richard Thornburgh "Y Y @

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mshington, BE. 2em85 E6 ;2 P53:16,j;=;=,7,,, I February 12, 1985 ""*" I Mr. Nunzio Palladino Chairman h 'F~*

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Nuclear Regulatory Commission 1717 H Street, 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 af firm an crder on the importance and impact on the possible restart of the Unit One reactor at Three Mile Island of those TMI 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 cf greater preeminence has appeared which must receive your immediate cttention: the disqualification of administrative law judge Ivan W.

Smi th.

Judge Smith's recent letter to Judge Sylvia H. Rambo 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 cver the entire TMI proceeding in which Smith participated. The absence cf any action -- by the NRC or Smith himself -- to remove him f rom the hearing board af ter such an appearance of bias jeopardizes the validity cf any f uture -- and past -- 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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Mr. Nunsio PAS 2 Pallcdino .

Fcbruary 12, 1985 Three Mile continuing Island, beseech you counties to resolve thWe, as r surrounding resolution of that matter, we feel that the Nuclewith

, following the an sion should consider the question of restart only and satisfactory Mile Island completion now pending before of theall hearings Nuclear R and and notmattar Regulator until the full ers related to Three Thank you for your time and consideratioegulatory Commiassio n of our views.

Very truly yours, D ie. 0 SORGE W. GREAS Member of Congress 4 62/% A WILLIAM F. GOODLIN MemberofCongress{

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