ML20137P176
| ML20137P176 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 01/31/1986 |
| From: | Voigt H GENERAL PUBLIC UTILITIES CORP., LEBOEUF, LAMB, LEIBY & MACRAE |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20137P161 | List: |
| References | |
| LRP, NUDOCS 8602040350 | |
| Download: ML20137P176 (17) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE PRESIDING BOARD EOb In the Matter of
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INQUIRY INTO THREE MILE ISLAND
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Docket No. LRP UNIT 2 LEAK RATE DATA
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FALSIFICATION
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RESPONSE OF NUMEROUS 1978-79 EMPLOYEES OF METROPOLITAN EDISON COMPANY TO PETITION OF MARVIN I.
LEWIS TO INTERVENE On January 13, 1986, Marvin I. Lewis
(" Petitioner") filed with the Atcmic Safety and Licensing Board a Petition to Intervene and Suggested Board Questions pursuant to the Commission's Order and Notice of Hearing issued on December 18, o
t'18 5 (" Order").
CLI-85-18, 50 Fed. Reg. 52,388 (Dec. 23, 1985).
The Order states that petitions to intervene shall be granted if the Presiding Board determines that the petitioner both has an interest that may be affected by the proceeding and will likely contribute to the development of an adequate record.
Order at 7.
Petitioner claims an " extensive and immediate" interest in the proceeding.
However, as discussed below, Petitioner can have no interest that may be affected by the Commission's inquiry into the alleged falsification of leak rate data at Three Mile Island Unit 2 ("TMI-2").
Thus the Petition to Intervene should be denied.
8602040350 860131 PDR ADOCK 05000320 C
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Nature of the Proceedina The Commission ordered the present proceeding in order to develop the facts surrounding the al'leged falsification of reactor coolant system leak rate data at TMI-2 prior to the March 28, 1979 accident.
In a Memorandum and Order issued on February 25, 1985, the Commission decided that it would institute such a proceedina separate and apart from the TMI-1 restart proceeding.
Metrooolitan Edison Co_._ (Three Mile Island Nuclear Station, Unit 1), CLI-85-2, 21 N.R.C.
- 282, reconsideration denied, CLI-85-7, 21 N.R.C. 1104 (1985).
The basis of this decision was the Commission's determination that the allegations of pre-accident TMI-2 leak rate data falsification "do not raise a currently significant safety issue."
21 N.R.C.
at 304.
In so doing, the Commission reversed a prior Appeal Board Memorandum and Order reopening the record in the TMI-l restart proceeding on the allegations of TMI-2 leak rate data falsification.
Metronolitan Edison Co.
(Three Mile Island Nuclear Station, Unit 1), ALAB-738, 18 N.R.C. 177 (1983).1/
The Commission subsequently authorized the restart of TMI-l and reaffirmed its determination that "the fact that individuals workina at TMI-2 over 6 years 1.
The Commission previously had stayed this order.
Appeal Board Order of October 7, 1983 (unpublished).
It later lifted the stay.
Metropolitan Edison Co. (Three Mile Island Nuclear Station, Unit 1), CLI-84-17, 20 N.R.C. 801 (1984).
At the same time, the Commission requested the views of the parties to the TMI-l restart proceeding on the need, if any, for a reopened record on the allegations.
Metropolitan Edison Co. (Three Mile Island Nuclear Station, Unit 1), CLI-84-18, 20 N.R.C. 808 (1984).
ago may have falsified records has no sianificance to the current operation of TMI-1."
Metropolitan Edison Co. (Three Mile Island Nuclear Station, Unit 1), CLI-85-09, 21 N.R.C.
1118, 1128, aff'd sub nom., Three Mile Island Alert, Inc.
v.
NRC, 771 F.2d 720, 733-34 (3d Cir. 1985), cetition for cert.
filed. 54 U.S.L.W.
3463 (U.S. Jan. 14, 19 8 6) (No.
85-1095) (health ef fects issue only)
The purpose of the present proceeding is to develop findings concerning the possible involvement of individual employees in the alleged leak rate falsification "in sufficient detail to determine the involvement of any individual who may now work, or in the future work, at a nuclear facility."
Order at 4, 9.
Such findings "will not be binding" in any future licensing or enforcement proceedina.
Id. at 11.
The issues to be considered by the Presiding Board are carefully defined.
Id. at 4-7.
None of the issues set for hearing in the Commission's Order addresses a currently significant safety issue.
For example, the interpretation and implementation of technical specification requirements in connection with unidentified RCS leakage at TMI-2 prior to March 28, 1979, is of no sionificance to the safe operation in 1986 of either TMI-l or any other nuclear facility licensed by the Commission.
Similarly, any alleged actions taken during the performance of leak rate surveillance tests to improperly influence the results of t, hose tests fail to raise a currently sianificant safety issue.
CLI-85-2, 21 N.R.C.
at 304.
_ =. _ _
In view of the retrospective, historical nature of the Commission's inquiry, Petitioner can have no interest that may be affected by this procead$na.
Petitioner baldly claims that "the method used to provide the leak rate falsification is still in use."
Petition at 1.
This entirely unsupported ansertion is contrary to the Commission's determination that those individuals likely involved in the alleged fal'sification of TMI-2 leak rate data are not employed in responsible management or operational positions at TMI-l and that GPU Nuclear possesses the necessary integrity and competence to comply with leak rate surveillance test procedures.
CLI-85-2, 21 N.R.C. at 304-05.
The Commission reaffirmed this
.1 determination in its TMI-l restart authorization.
CLI-85-09, 21 N.R.C. at 1128.
Its finding was upheld by the U.S. Court of Appeals for the Third Circuit.2/
Thus Petitioner fails to demonstrate that he has any interest at all that may be affected by the present proceeding.
Prior Invention Petitioner relies on his prior intervention in the TMI-l restart proceeding to claim an interest in the present proceeding.
However, Petitioner failed at the outset of the restart proceeding to demonstrate a cognizable interest.
He 2.
The Third Circuit, in its review of the Commission's restart authorization, concluded that "the Commission could reasonably find, as it did, that altered conditions rendered the
[ alleged] fact of TMI-2 leak rate falsifications no longer safety significant to TMI-l's operation."
771 F.2d at 734.
l l..
3 was admitted as an intervenor as a matter of discretion on a strictly limited basis.
Metrocolitan Edison Co. (Three Mile Island Nuclear Station, Unit 1), LBP-79-34, 10 N.R.C. 828, 852-54 (1979).
The Licensing Board admitted Petitioner only on one contention, which concerned filters and preheaters, and specifically excluded him from participation in the restart proceeding on any other contention.
Thus Petitioner, who 5
resides some 90 miles from Three Mile Island, failed to qualify as an interested person in a proceeding in which significant safety issues were addressed.
Petitioner cannot now claim a cognizable interest in a proceeding in which there are no current safety concerns at all.
In summary, Petitioner can have no interest that' may be affected by this inquiry.
Moreover, it appears on the face of his filing that Petitioner is quite unlikely to contribute to the development of an adequate record on the issues set for hearing in the present proceeding.
The " definite information" offered by Petitioner in his filing 3/ and attached comments on NUREG-0956, from a technical and engineering point of view, I
strains the credibility of his assertion that he could assist in the development of a complete record.
See NRC Staff's Answer to Petition of Marvin I. Lewis, Intervenor, for a New or Expanded Contention Concerning the Hartman Leak Rate 3.
petitioner first offered this information in a motion to reopen the record in the TMI-l restart proceeding, which he filed (footnote continued on next page).
l Allegations (October 9, 1985) in Docket No. 50-289-SP (Restart) at 8-10.
Conclusion For the foregoing reasons, the Presiding Board should deny the Petition to Intervene.
Respectfully submitted, LEBOEUF, LAMB, LEIBY & MACRAE By 40 0:4/
Of Counsel:
@artner 6
William G. Primps 1333 New Hampshire Avenue, N.W.
l Michael F. McBride Suite 1100 l
Molly S. Boast Washington, D.C.
20036 James W.
Moeller (202) 457-7500 Smith B. Gephart KILLIAN & GEPHART Jane G. Penny 216-218 Pine Street Box 886 Harrisburg, PA 17108 (717) 232-1851 j
l Counsel for Numerous 1978-79 Employees of Metropolitan Edison I
Company Dated:
January 31, 1986 (footnote continued from previous page) on September 19, 1985.
Petition of Marvin I. Lewis, Intervenor, for a New or Expanded Contention Concerning the Hartman Leak Rate Allegations.
The Licensing Board determined that it lacked jurisdiction to entertain the petition and denied it.
Licensing Board Memorandum and Order of October 15, 1985 (unpublished).
This decision was affirmed by the Appeal Board.
Metropolitan Edison Co.
(Three Mile Island Nuclear Station, Unit 1), ALAB-821, 22 N.R.C. 750 (1985). ___
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION v
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INQUIRY INTO THREE MILE ISLAND
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Docket No. LRP UNIT 2 LEAK RATE DATA
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FALSIFICATION
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SERVED FEE 3 @A
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NOTICE OF APPEARANCE i
Pursuant to Section 2.713 of the Rules of Practice of the
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Nuclear Regulatory Commission, the undersigned attorney herewith enters an appearance in the above-captioned proceeding.
Name Harry H.
Voigt Address LeBoeuf, Lamb, Leiby & MacRae 1333 New Hampshire Avenue, N.W.
Suite 1100 Washington, D.C.
20036 Telephone Number (202) 457-7500 Basis of Eligibility Admitted to the District of Columbia Court of Appeals Representation Numerous employees of Metropolitan Edison Company during 1978-79 WI til
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Voig t Dated:
January 31, 1986 4
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION s ' ;
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In the Matter of
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INQUIRY INTO THREE MILE ISLAND
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Docket No. LRP UNIT 2 LEAK RATE DATA
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FALSIFICATION
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CJ@EDf(63 N NOTICE OF APPEARANCE Pursuant to Section 2.713 of the Rules of Practice of the Nuclear Regulatory Commission, the undersigned attorney herewith enters an appearance in the above-captioned proceeding.
Name William G.
Primps Address LeBoeuf, Lamb, Leiby & MacRae 520 Madison Avenue New York, New York 10022 Telephone Number (212) 715-8000 Basis of Eligibility Admitted to the United States Court of Appeals for the Second Circuit Representation Numerous employees of Metropolitan Edison Company during 1978-79
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Primps Dated:
January 31, 1986
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COHMISSION'
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In the Matter of
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INQUIRY INTO THREE MILE ISLAND
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Docket No. LRP UNIT 2 LEAK RATE DATA
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NOTICE OF APPEARANCE Pursuant to Section 2.713 of the Rules of Practice of the Nuclear Regulatory Commission, the undersigned attorney herewith enters an appearance in the above-captioned proceeding.
i Name Michael F. McBride Address LeBoeuf, Lamb, Leiby & MacRae 1333 New Hampshire Avenue, N.W.
Suite 1100 Washington, D.C.
20036 Telephone Number (202) 457-7500 Basis of Eligibility Admitted to the United States Supreme Court Representation Numerous employees of Metropolitan Edison Company during 1978-79 WmL Y 9A41b 'ds.
Michael F. McBride Dated:
January 31, 1986
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION i
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In the Matter of
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INQUIRY INTO THREE MILE ISLAND
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Docket No. LRP UNIT 2 LEAK RATE DATA
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FALSIFICATION g.qg
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NOTICE OF APPEARANCE Pursuant to Section 2.713 of the Rules of Practice of the Nuclear Regulatory Commission, the undersigned attorney l
herewith enters an appearance in the above-captioned proceeding.
Name Molly S. Boast
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Address LeBoeuf, Lamb, Leiby & MacRae 520 Madison Avenue New York, New York 10022 Telephone Number (212) 715-8000 Basis of Eligibility Admitted to the Court of Appeals for the State of New York Representation Numerous employees of Metropolitan Edison Company during 1978-79 li. Lib. /,b i
Molly d Boast 1
Dated: J,anuary 31, 1986 l
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k UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION f
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Docket No. LRP UNIT 2 LEAK RATE DATA
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NOTICE OF APPEARANCE Pursuant to Section 2.713 of the Rules of Practice of the Nuclear Regulatory Commission, the undersigned attorney herewith enters an appearance in the above-captioned proceeding.
Name James W.
Moeller Address LeBoeuf, Lamb, Leiby & MacRae l
1333 New Hampshire Avenue, N.W.
Suite 1100 Washington, D.C.
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' Telephone Number (202) 457-7500 Basis of Eligibility Admitted to the District of Columbia Court of Appeals Representation Kumerous employees of Metropolitan Edison Company during 1978-79
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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Docket No. LRP UNIT 2 LEAK RATE DATA
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$36 NOTICE OF APPEARANCE Pursuant to Section 2.713 of the Rules of Practice of the Nuclear Regulatory Commission, the undersigned attorney herewith enters an appearance in the above-captioned proceeding.
Name Marlene L.
Stein Address LeBoeuf, Lamb, Leiby & MacRae 1333 New Hampshire Avenue, N.W.
Suite 1100 Washington, D.C.
20036 Telephone Number (202) 457-7500 Basis of Eligibility Admitted to the Supreme Judicial Court of Massachusetts Representation Numerous employees of Metropolitan Edison Company during 1978-79 i
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l Marlene L. Stein i
Dated:
January 31, 1986
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION s/
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In the Matter of
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INQUIRY INTO THhdE MILE ISLAND
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Docket No. LRP UNIT 2 LEAK RATE DATA
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NOTICE OF APPEARANCE Pursuant to Section 2.713 of the Rules of Practice of the Nuclear Regulatory Commission, the undersigned attorney herewith enters an appearance in the above-captioned proceeding.
Name Smith B. Gephart Address Killian & Gephart 216-218 Pine Street P.O.
Box 886 Harrisburg, PA 17108 Telephone Number (717) 232-1851 Basis of Eligibility Admitted to the United States Supreme Court l
Representation Numerous employees of Metropolitan Edison Company during 1978-79 ftShA /,(A L r.
l Smith B. Gephart i
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January 31, 1986 i
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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INQUIRY INTO THREE MILE ISLAND
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Docket No. LRP UNIT 2 LEAK RATE DATA
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NOTICE OF APPEARANCE Pursuant to Section 2.713 of the Rules of Practice of the Nuclear Regulatory Commission, the undersigned attorney herewith enters an appearance in the above-captioned proceeding.
Name Jane G.
Penny Address Killian & Gephart 216-218 Pine Street P.O.
Box 886 Harrisburg, PA 17108 Telephone Number (717) 232-1851 Basis of Eligibility Admitted to the Supreme Court of Pennsylvania Representation Numerous employees of Metropolitan Edison Company during 1978-79
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Dated:
January 31, 1986
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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In the Matter of
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INQUIRY INTO THREE MILE ISLAND )
Docket No. LRP UNIT 2 LEAK RATL DATA
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FALSIFICATION
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NOTICE OF APPEARANCE Pursuant to Section 2.713 of the Rules cf Practice of the Nuclear Regulatory Commission, the' undersigned attorney herewith enters an appearance in the above-captioned proceeding.
Name Terrence J. McGowan Address Killian & Gephart 216-218 Pine Street P.O.
Box 886 Harrisb6rg, PA 17108 Telephone Number (717) 232-1851 Basis of Eligibility Admitted to the Supreme Court of Pennsylvania Representation Numerous employees of Metropolitan Edison Company during 1978-79 Qe,v u.<> I
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Dated:
January 31, 1986
s UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE PRESIDING BOARD
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In the Matter of
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INQUIRY INTO THREE MILE ISLAND
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Docket No. LRP UNIT 2 LEAK RATE DATA
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FALSIFICATION
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CERTIFICATE OF SERVICE I hereby certify that I have served copies of " Petition of Numerous 1978-79 Employees of Metropolitan Edison Company for Leave to Intervene," " Response of Numerous 1978-79 Employees of Metropolitan Edison Company to Petition of Marvin I.
Lewis to Intervene," and " Notice of Appearance" for Harry H. Vo ig t,
William G. Primps, Michael F. McBride, Molly S. Boast, James W.
Moeller, Marlene L.
Stein, Smith B.
Gephart, Jane G.
Penny, and for Terrance L. McGowan, by deposit in the United States mail, first class, postage prepaid, or, as indicated by an asterik, by hand delivery, to the following persons this 31st day of Janua.v 1986:
- Administrative Judge James L.
Kelly, Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Administrative Judge Glenn O. Bright Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555
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- Administrative Judge Jerry R.
Kline Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Jack R.
Goldberg, Esc.
Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Docketing and Service Branch i
U.$. Nuclear Regulatory Commission Washington, D.C.
20555 Ernest L.
Blake, Jr., Esq.
Shaw, Pittman, Potts & Trowbridge 1800 M Street, N.W.
Washington, D.C.
20036 Marvin I. Lewis 6504 Bradford Terrace Philadelphia, PA 19149 D... 2 W M u os. e c) g James W. Moeller i
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