ML20129E596
| ML20129E596 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 05/17/1985 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Kammerer C NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA) |
| Shared Package | |
| ML20129E602 | List: |
| References | |
| NUDOCS 8506060546 | |
| Download: ML20129E596 (3) | |
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UNITED STATES 8
NUCLEAR REGULATORY COMMISSION 7;
-E WASHINGTON, D. C. 20555
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ggy 171985
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MEMORANDUM FOR:
Carlton C. Kamerer, Director Office of Congressional Affairs FROM:
William J. Dircks Executive Director for Operations
SUBJECT:
RESPONSE TO THE UDALL SU8 COMMITTEE STAFF REQUEST FOR CLARIFICATION OF A STATEMENT MADE BY B. SNYDER AT A COMMISSION MEETING Henry Myers from the Udall Subcomittee has requested (Enclosure 1) clarification of a statement made by Dr. B. Snyder, Director, Three Mile Island Program Office (TMIPO), at the March 7,1985 NRC Comission Meeting with the Advisory Panel for the Decontamination of Three Mile Island Nuclear Station Unit 2.
This memorandum provides clarification on this subject.
At the March 7,1985 Comission Meeting, Dr. Snyder stated [Tr., p. 70] "You are talking about two 01 reports. One in September of '83, that was out.
The one that caused us to change our views on this was new information provided by OI in October of '84."
Dr. Snyder was referring, in part, to an 0I memorandum dated October 18, 1984 (Enclosure 2).
The position of Dr. Myers, as stated in Enclosure 1 is that the October 18, 1984 memorandum did not contain "new information" in the context of "new" referring to investigatory information, facts, or evidence that has been obtained by O! since completion of its 1983 inquiry. This is the staff's and Ol's position as well. The October 18, 1984 memorandum provided the staff an analysis of the evidence presented or referred to in the September 1,1983 report as it reflects on the willfulness and intent issue.
Although discussions had previously taken place between 0! and the staff on this subject, no written analysis or conclusion had been provided to the staff prior to the October 18, memorandum that explicitly addressed the issue of willfulness and intent.
In Dr. Snyder's view, he "did not mean to imply that there was new investigatory information rather that there was a written analysis and conclusion that was new."
Dr. Myers memorandum also states that the October 18, 1984 memorandum from 01 appears to be a reiteration of OI's 1983 conclusions based on evidence obtained in 01's 1983 inquiry. The September 1,1983 OI report did not reach explicit conclusions on the issue of willfulness and intent and did not provide the analysis that was contained in the October 18, 1984 memorandum. At the time the investigative report was issued, 0I practice excluded the reaching of conclusions on willfulness and intent that were ultimately forwarded to the staff in the October 18, 1984 memorandum.
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The ED0's September 26, 1984 memorandum to 0I (Enclosure 3), requested 01's
" view on the' issues of deliberateness, willfulness and/or intent and support-ing documents." After 0I presented its written views, the staff reviewed the information and changed its previous position.
01 agrees with the above description of its September 1,1983 report and October 18, 1984 memorandum.
g c,
William Dircks Executive Director for Operations
Enclosures:
1.
Page 70 of Transcript of 3/7/85 Commission Meeting with Advisory Panel for the Decontamination of TMI-2 l-2.
Memo to Dircks_fm Hayes dated 10/18/84 3.
Memo to Hayes fm Dircks dated 9/26/84 i
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MR. ROTH:
Well, the only thing -- well, certainly.
2~.Bernie and I have discussed it.
I think the question, you 3
know, with the enforcement angle saying that because it's d,
enforcement -- again it 's my opinion, I'm not sure that 's 1
51 really a valid thing because OI was saying that all along.
6
~ COMMISSIONER ASSELSTINE:
That's right.
7d MR. ROTH:
OI was saying that.
!l 8
COMMISSIONER ASSELSTINE:
And we still haven't taken 3
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9;! enforcement action.
10 'j!
MR. ROTH:
Right.
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COMMISSIONER ASSELSTINE:
And it's widely known-now, i
12 !' that's right.
13 d MR. ROTH:
And it's widely known.
So, you have a I;
Id ll public OI report that's out there.
You know my point, b
15 ll Commissioner Zech, is that it's already out there.
And to 16 lt 1
say that an enforcement action --
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MR. SNYDER:
Excuse me, that report that was part il
- 18. ji of the oackage we held up was not out there.
You are talking 19 about two OI reports.
One in September of '83, that was out.
20 The onF that caused us to change our views on this was new i
2I information provided by OI in October of '84 And that's the 22 one that was not out, and we were specifically instructed 23 not to release it.
I 24 AOFeder;l Reponers, lac.l.
CHAIRMAN PALLADINO:
Well, let's see if we can get 25' to the bottom of it.
You brodght the problem to our attention o