Order & Notice Instituting Separate Hearing Apart from TMI-1 Restart Proceeding to Develop Facts Re RCS Leak Rate Data Falsifications Prior to 790328 Accident.Dissenting Views of Asselstine & Bernthal Encl.Served on 851218ML20138M931 |
Person / Time |
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Site: |
Three Mile Island ![Constellation icon.png](/w/images/b/be/Constellation_icon.png) |
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Issue date: |
12/18/1985 |
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From: |
Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
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To: |
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References |
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CON-#485-545, RULE-PR-MISC CLI-85-18, LRP, ORDER-851218, NUDOCS 8512230226 |
Download: ML20138M931 (13) |
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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:ORDERS
MONTHYEARML20206T7211999-02-11011 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 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 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 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 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 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 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 ML20153D1881988-08-25025 August 1988 Memorandum & Order (Rulings on Motions for Summary Disposition).* Grants Licensee Motion Re Contentions 1,3 in part,4b in part,4c,4d,6 & 8 & Contentions 2,3 in part,4b in Part & 5d Shall Be Litigated.Served on 880829 ML20195D1151988-06-17017 June 1988 Order (Granting Staff & Joint Intervenor Requests for Time Extensions).* Requests for Extension of Time to Respond & to File Response to Util 880509 Motion for Summary Disposition to 880622,granted.Served on 880617 ML20151X3051988-04-28028 April 1988 Memorandum & order.CLI-88-02.* Commission Decided to Lift Facility Restart Condition as Applies to All Except Jr Floyd & to Revise Facility Restart Condition No.1 in CLI-85-02. Served on 880429 ML20151T4281988-04-25025 April 1988 Order (Directing Licensee Compliance).* Licensee Wasted ASLBP in Seeking to Elude Obvious Thrust & Sense of 880128 & 0401 Orders & 880105 Memorandum & Order.Design Specs Must Be Made Available by Licensee.Served on 880426 ML20148S8251988-04-15015 April 1988 Memorandum & Order (Denying in Part Susquehanna Valley Alliance/Tmi Alert Motion Served on 880330;scheduling Summary Disposition).* Served on 880415 ML20149K9521988-02-19019 February 1988 Memorandum & Order.* Order CLI-88-01 Directing Aslab to Consider Issue of C Husted Job Performance at Util in Rendering Decision in Retroactively Expanding Proceeding. Served on 880219 ML20149H6681988-02-17017 February 1988 Memorandum & Order (Partially Granting Susquehanna Valley Alliance/Tmi Alert Motion for Extension).* Board Will Notify Licensee & Staff When Respective Motions for Summary Disposition Should Be Filed.Served on 880218 ML20196D6821988-02-16016 February 1988 Order.* Time within Which Commission May Act to Review ALAB-881,dtd 871231,extended Until 880219.Served on 880216 ML20149D8701988-02-0808 February 1988 Order.* Extends Time within Which Commission May Act to Review ALAB-881,dtd 871231,until 880216.Served on 880208 ML20148Q9891988-01-28028 January 1988 Order (Denying Licensee Objection to Special Prehearing Conference Order).* Licensee 880119 Objection to Special Prehearing Conference Order Denied.Served on 880129 ML20235A8571988-01-0505 January 1988 Memorandum & Order (Memorializing Special Prehearing Conference;Ruling on Contentions;Scheduling).* Susquehanna Valley Alliance & TMI Alert Admitted as Party & Commonwealth of PA Admitted as Interested State.Served on 880106 ML20234B9981987-12-31031 December 1987 Memorandum & Order.* Certifies to Commission Question of Whether to Retroactively Expand Jurisdiction of Proceeding to Encompass Issue Introduced by Trial Judge Re Husted Job Performance.Served on 880104 ML20236P8461987-11-12012 November 1987 Memorandum & Order (Approving Settlement Agreement & Terminating Proceeding).* Proceeding Terminated,Per Approval of Encl 871105 Agreement Between NRC & Gpu,Settling Enforcement Action EA-84-137.Served on 871116 ML20236L8481987-11-0303 November 1987 Order (Scheduling Special Prehearing Conference).* Conference Held in Order to Permit Identification of Key Issues in Proceeding & to Consider Intervention Petitions to Determine Parties to Proceeding.Served on 871105 ML20235R4951987-10-0505 October 1987 Order Directing Settlement Negotiations.* Allegation That Util Discriminated Against R Parks in 1983 in Violation of Section 210 of Energy Reorganization Pact.Served on 871005 ML20235K8331987-10-0101 October 1987 Memorandum & Order (Re Interest of Petitioners).* Order Commonwealth of PA Petition to Participate as Interested State in Proceeding Must Await Final Determination as to Whether Hearing Shall Be Held.Served on 871002 ML20235B4581987-09-18018 September 1987 Order (Granting Time Extension to Staff).* Staff 870918 Motion Requesting Extension of Time to 870925 to Respond to Petitions for Hearing & to Intervene Filed by TMI Alert,Inc & Susquehanna Valley Alliance Granted.Served on 870921 ML20238E4841987-09-0303 September 1987 Memorandum & Order (Setting Prehearing Conference).* Counsel for Parties Directed to Appear at 870930 Prehearing Conference in Bethesda,Md to Discuss Listed Matters.Served on 870908 ML20235S5631987-09-0303 September 1987 Memorandum & Order Directing Parties to Appear at Prehearing Conference on 870930 at Commissions Hearing Room in Bethesda,Md.Agenda for Conference Will Include Consideration of All Pending Motions,Disputes & Discovery Matters ML20237J9831987-08-12012 August 1987 Order Re Disclosure & Protection of Certain Documents.* Seeks Addl Relief by Disclosure of Documents Re Methodology of Internal Audit Group in Conducting Confidential Investigations.Served on 870813 ML20237K1221987-08-11011 August 1987 Order.* Reconfirms 870909 Oral Argument in Bethesda,Md Re Appeal of C Husted from 870402 Initial Decision of Administrative Law Judge.Served on 870812 ML20236E7161987-07-28028 July 1987 Order Re Disclosure & Protection of Certain Commission Documents.* Provision of Listed Documents to General Public Utilities Nuclear Corp Ordered.Unexecuted Affidavit of Nondisclosure Encl ML20235J0881987-07-10010 July 1987 Memorandum & Order (Denying Aamodts Motion for Reconsideration).* Denies Aamodts Petition to Reconsider Inquiry Into TMI-2 Leak Rate Data Falsification.Served on 870713 ML20216D4531987-06-23023 June 1987 Order (Re Corrections or Mods to Recommended Decision).* Order Correcting or Modifying ASLB 870521 Recommended Decision Re Inquiry Into Plant Leak Rate Data Falsification. Served on 870624 ML20216D2351987-06-22022 June 1987 Memorandum & Order Ruling on Dept of Labor Motion to Quash Subpoena.* Order & Appeal Overruling Motion to Quash Subpoena to D Feinberg.Served on 870623 ML20215J8511987-06-19019 June 1987 Memorandum on Staff 870612 Motion to Compel Production of Documents.* Advises That Staff Will Renew Motion to Compel Re Bechtel Directive 2-1,if Addl Info Still Needed After Deposition of Hoffmann.Motion Suspended.Served on 870622 ML20214N3401987-05-21021 May 1987 Order.* Alters Sua Sponte Schedule for Filing Briefs in Response to C Husted 870518 Brief in Support of Appeal from ASLB 870402 Initial Decision.Briefs Supporting & Opposing Appeal Due 870630 & 0803,respectively.Served on 870522 ML20214G6211987-05-20020 May 1987 Memorandum & Order.* TMI Alert,Inc Appeal of Administrative Law Judge 870402 Initial Decision in Special Proceeding Involving C Husted Dismissal Due to Untimely Appeal W/O Good Cause.Served on 870520 ML20213G0411987-05-0808 May 1987 Order.* Order Directing Staff to Envoke & Exercise Rights Under MOU Between NRC & Dept of Labor to Allow Deposition of D Feinberg by Gpu.Related Correspondence ML20215K9661987-05-0505 May 1987 Order.* Directs TMI Alert to Show Cause Why Appeal Should Not Be Dismissed Due to Untimeliness.Served on 870506 ML20206D3171987-04-0707 April 1987 Notice of Correction (Initial Decision Number).* Notice That Initial Decision LBP-87-11,issued on 870402,in Proceeding Is Incorrect.Correct Number Is Initial Decision ALJ-87-3.Served on 870408 ML20212D0681987-02-27027 February 1987 Memorandum & Order (Granting Licensee Motion for Termination of Proceedings).* Grants Licensee 870210 Motion for Termination of Proceedings.Licensee Did Not Demand Hearing on Denial of Tech Spec Change Request 148.Served on 870303 ML20211A1541987-02-13013 February 1987 Order (Granting in Part Aamodt Request for Extension of Time).* Parties May Serve Responses to 870202 Order on Aamodts by 870217 or Mail Copies of Responses After Receipt of Aamodts Response.Served on 870217 ML20209H7231987-02-0202 February 1987 Request & Order (Concerning Briefing on Certain Issues in Proceeding).* Requests Comments & Briefing on Parts V & VI of Numerous Employees 870123 Memorandum of Law. Listed Concerns Should Be Addressed.Served on 870203 ML20207Q3401987-01-21021 January 1987 Order (Ruling on Aamodt Motion for Extension of Time).* Numerous Employees & Aamodts Shall File Proposed Findings by 870202.Parties Wishing to File Reply Findings Shall Do So by 870217.Served on 870123 ML20214Q6521986-12-0101 December 1986 Order Denying Numerous Employees Motion to Dismiss Aamodts as Parties to Proceeding & Extending Time Until 870116 for Aamodts to File Proposed Findings on Individual Responsibility Issues.Served on 861202 ML20214C8281986-11-18018 November 1986 Order Including Jp Moore to Wa Rockwell in Record as Exhibit 27.Served on 861019 ML20214A5121986-11-14014 November 1986 Order Confirming Times for Filing of Proposed Findings of Fact & Responding to Motion to Dismiss.Proposed Findings of All Parties Due on 870109 & Those of Numerous Employees on 870123 or 0209.Served on 861117 ML20214K6601986-08-19019 August 1986 Memorandum & Order Terminating Proceeding Re Hearing Concerning E Wallace & Removing Notification Requirement Per 860515 Advisory Opinion & Notice of Hearing.Served on 860820 ML20205F6361986-08-13013 August 1986 Memorandum & Order Following 860730 Prehearing Conference in Bethesda,Md.Discovery,Including Answers to Discovery Request,Should Be Completed by 870201.Served on 860814 ML20204J7131986-08-0707 August 1986 Memorandum & Order Approving Burns Witness Access Proposal Provided Proposal Includes Assurance of Access for All Parties & Witness Provides Description of Subj Areas to Be Discussed in Advance of Interview.Served on 860808 ML20203K0281986-08-0404 August 1986 Order Denying Aamodts 850801 Petition for Award of Atty Fees & Costs Under Equal Access to Justice Act for Participation in Restart Proceeding.Nrc Lacks Source of Funds to Pay Award.Served on 860804 ML20203K1641986-08-0101 August 1986 Memorandum & Order Re Rulings on Pending Matters Concerning Aamodt 860612 Response to NRR Rept,Ofc of Investigations Rept & Motion for Summary Disposition.Board Takes Exception to Employees Statements.Served on 860804 1999-02-11
[Table view] |
Text
,. 9 / 3 r ) C.-
- h - {l UNITED STATES OF AMERICA r!
NUCLEAR REGULATORY COMMISSION COMMISSI'0NERS:
'85 DEC 18 P1 :18 Nunzio J. Palladino, Chairman Thomas M. Roberts James K. Asselstine YdC dih3 4 54 Frederick M. Bernthal BRMCH Lando W. Zech, Jr.
SERVED DEC101985
)
In the Matter of )
)
INQUIRY INTO THREE MILE ISLAND ) Docket No. LRP UNIT 2 LEAK RATE DATA )
FALSIFICATION )
)
ORDER AND NOTICE OF HEARING CLI 18 In an Order issued February 25, 1985, CLI-85-2, 21 NRC 282, the Consnission stated that it would institute a separate hearing apart from the Three Mile Island, Unit I restart proceeding to develop the facts surrounding the reactor coolant system ("RCS") leak rate data falsifications at Three Mile Island, Unit 2 (TMI-2) prior to the March 28, 1979 accident, in sufficient detail to determine the ultimate status of those likely involved, which includes those segregated from TMI-1 and those now working at other facilities. The Commission herein specifies the procedures to govern the separate hearing, which will be a legislative format hearing designed solely to gather information. This order also identifies the steps to be taken, after the Presiding Board issues a recommended decision setting forth the facts, in order for the Commission determine what action, if any, will be taken.
8512230226 851218 PDR PR g MISC PDR
+
2 A. Background Harold Hartman, a control room operator at TMI-2 prior to the acci-dent, alleged that RCS leak rate surveillance tests, which were used to assess whether primary system leakage surpassed limits contained in the facility's technical specifications, were at times purposely manipulated and records of unacceptable results were discarded at TMI-2 prior to the accident to cover up the fact that over an extended period of time the results of the tests exceeded technical specification limits for uniden-tified leakage. Hartman alleged that the computer program for calculating leak rates was unreliable, frequently yielding unrealistic results. This made it more difficult to get " good" leak rates. Hartman further alleged that the operators at TMI-2 sometimes manipulated the RCS leak rate test results by inputting wrong data into the computer, adding hydrogen gas to the make-up tank during leak rate tests, adding water to the make-up tank during a leak rate test and not inputting the addition into a computer, and leaking water into the make-up tank while performing water transfer op-erations involving other tanks. Hartman specifically alleged that shift supervision was aware of such improper conduct. After a preliminary investigation into Hartman's allegations, the NRC in April of 1980 referred the matter to the Department of Justice for criminal investigation.
After a Grand Jury investigation and indictment of Metropolitan Edison Company, the TMI-2 licensee at the time of the accident, the Department of Justice began prosecution of the criminal charges against Metropolitan Edison Company.
l
' . 3 i
l On February 29,.1984, Metropolitan Edison Company entered into a plea agreement with ti- United States which ended the criminal prosecution.
Metropolitan Edison pleaded guilty to one count of the indictment charging
-it with failure to establish, implement, and maintain an accurate and meaningful reactor coolant system water inventory balance procedure to demonstrate that unidentified leakage was within the allowable limits. The Company also pleaded no contest to six other counts of the indictment, includingthosewhichchargedtheComhanywithimpropermanipulationof TMI-2 leak rate tests to generate results that would fulfill the Company's license requirements. In urging the Court to accept the plea agreement, U.S. Attorney David Queen stated the evidence developed in the Grand Jury i
inquiry did not indicate that any of the directors and officers of GPU
- Nuclear from its inception in 1982 (as successor to Metropolitan Edison) to
-the date of the indictment, or any of the directors of Metropolitan Ediscn
" participated in,~ directed, condoned, or was aware of the acts or admis-sions that are the subject of the indictment."1 After the Court accepted the plea agreement, the Department of Justice
.on behalf of the Comission asked the Court to provide the NRC access to I The individuals thereby cleared by the U.S. Attorney are William G.
Kuhns, Herman M. Dieckamp, Robert C. Arnold, James S. Bartman, Shepard ,
Bartnoff, Frederick D. Hafer, Richard Heward, Henry D. Hukill, Edwin E.
Kintner, James R. Leva, Bernard H. Cherry, Philip R. Clark, Verner H.
Condon, Walter M. Crietz, Robert Fasulo, Ivan R. Finfrock, William L.
Gifford, Robert L. Long, Frank Manganaro, Ernest M. Schleicher, Floyd J.
Snjth, William A..Verrochi, Raymond Werts, and Richard F. Wilson.
., . _._ . __- . _ - . . _ _ _ . . _ - - _ . . . _ . - _ . . _ . - , _ . _ . ~ _ . - - - _ . .
4 the record of the Grand Jury proceeding. The Court denied the request.
United States v. Metropolitan Edison Company, 594 F.Supp. 117 (M.D. Pa)
(1984).
The Commission also asked its Office of Investigations ("0I") to examine whether Michael Ross, Manager of Operations at TMI-1, had partic-ipated in, directed or condoned leak rate falsifications at TMI-2. Prior to the accident Ross was licensed at both TMI-1 and THI-2. 01 interviewed Ross and many others under oath regarding Ross' involvement at Unit-2, reviewed pertinent records and concluded that Ross' role at TMI-2 was minimal, that during the period falsifications took place he was present at TMI-2 only the minimum time necessary to maintain his TMI-2 license, and that he was not involved in the falsifications.
B. Purpose and Scope of Hearing
- 1. The purpose of this hearing is to develop the facts surrounding the leak rate falsifications that occurred at TMI-2 from February 2, 1978 (the date TMI-2 received its operating license) until March 28, 1979, in sufficient detail to determine the involvement of any individual who may now work, or in the future work, at a nuclear facility licensed by the Com.15sion.
- 2. The specific issues which the Presiding Board is to address are limited to the following:
(a) How were the Technical Specification 3.4.6.2 requirements for reactor coolant system unidentified leakage interpreted and implemented
5 by control room operators (CR0s), shift foremen, shift supervisors and on-site and off-site management? Following the discovery by an NRC inspec-tor in October 1978 that Technical Specification 3.4.6.2 requirements were
.not properly interpreted or implemented, what corrective action was taken by management personnel? Was the corrective action taken sufficient to
' insure compliance with ths Technical Specification 3.4.6.2 by the personnel performing and reviewing the leak rate surveillance tests?
(b) What difficulties, if any, were operators experiencing when conducting leak rate surveillance tests required by Technical Specification 4.4.6.2.d? Who knew about these difficulties? What corrective actions were taken? Did operators feel pressure to obtain leak rate surveillance l test results which did not exceed technical specification limits? If so, what type of pressure was perceived or exerted and who was responsible?
(c) Were unacceptable leak rate surveillance test results required by Technical Specification 4.4.6.2.d discarded? If-so, who knew of, condoned or directed this practice? Were unacceptable leak rate surveillance test results discarded in an attempt to hide them from the NRC?
'(d) . Did operators manipulate data or take other actions during leak. rate surveillance. testing in an attempt to improperly influence test results? Who performed, condoned, directed or was knowledgeable of data manipulation or other improper actions during leak rate surveillance testing? This would include, out is not limited to the following:
(1) inputting the wrong data into the plant computer;
6 l'
(ii) adding hydrogen gas to the make-up tank during the test
- in an attempt to influence make-up tank level indication; (iii) adding water to the make-up tank during the test and either not including the addition in the computer calculation or underre-I cording.the addition in the computer; (iv) taking advantage of differences or inaccuracies in plant . instrumentation (e.g., make-up tank level indicators) in an attempt 4
' to influence parameters critical to the leak rate surveillance test calcu-I lation;-
(v) taking or failing to take any action in viola' tion of technical. specification requirements?
(e) The Commission has accepted the findings of the U.S. Attor-ney that the 24 individuals mentioned in footnote 1, supra, were not' involved in the leak rate falsifications. It has also accepted the OI finding that Michael Ross similarly was.not involved. Accordingly, the Commission has decided that these individuals are outside of the scope of
- the hearing.2' Therefore, the Presiding Board shall not address any issue regarding any alleged knowledge or involvement of these individuals in the 2
If the Presiding Board believes that any of these individuals have pertinent information to provide on issues falling within the scope of the hearing, it may call them as witnesses at mutually convenient times or, if necessary, issue a subpoena requiring their attendance and testimony. The Board is not to make unreasonable demands on the time of these individuals or upon other persons playing key roles in the operation of any nuclear facility.
5
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7 falsifications that occurred at the THI-2 reactor from February 2,1978 until March 28, 1979.
(f) The Presiding Board is not to entertain issues other than those set forth in (a)-(d) above without the prior authorization of the Commission.
C. Procedures
- 1. The Chief Administrative Judge, Atomic Safety and Licensing Board Panel, is to appoint a three-person Presiding Board to rule on petitions to intervene, to conduct any prehearing procedures and the hearing, and to render a recommended decision setting forth the facts surrounding the falsifications and identifying those individuals who participated in, or knew of and condoned, or by their dereliction or culpable neglect allowed the leak rate falsifications at TMI-2.
- 2. Any person who has an interest which may be affected by this hearing may petition to intervene. Petitions to intervene shall include the name of the party, how the party's interest may be affected by the proceeding, and how the party expects to contribute to the development of an adequate record. Petitions are to be filed within 45 days of the date of this Order and Notice of Hearing. Petitions shall be granted if the Presiding Board determines that the petitioner has an interest that may be affected and petitioner will likely contribute to development of an ade-quate record.
1 8
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- 3. The hearing will be held in the Washington, D.C. area, although -
the Presiding Board may hold-portions of the hearing in other places
- consistent with the convenience of the parties or their representatives and j the public interest.
- 4. The NRC staff will not participate as a party. Instead, it will -l make available to the parties and to the Presiding Board, relevant documen-tary material within its possession as soon as practicable after issuance of this Order and Notice of Hearing. Disclosure of material is to be consistent with the Commission's Statement of Policy, " Investigations, Inspections, and Adjudicatory Proceedings," 49 Fed. Reg. 36032 (Septem-ber 13, 1984). The NRC staff will also provide whatever testimony or other -
assistance the Presiding Board requests to ensure that the hearing record is fully developed. All orde'rs, petitions, submissions to the Presiding Board and other pertinent material shall be served on the NRC staff.
- 5. . This hearing will not be conducted under 10 C.F.R. Part 2,
-Subpart G, except that, in addition to the powers granted by this Order and l Notice of Hearing, the Presiding Board shall have the powers specified in 10C.F.R.662.718(a),(e),(f),(h),(1),(j)and(k). The hearing will be conducted using 'a legislative hearing format, as specified'below.
(a) Only relevant, material, and reliable oral and documentary 1
evidence which is not repetitious should be admitted into evidence. Only the Presiding Board will be able to call witnesses or to question them.
Witnesses will testify under_ oath.
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9 (b) No discovery will be conducted. Instead, it is the Com-mission's intent that the hearing itself serve as the fact-finding mecha-nism.
(c) The Presiding Board may issue subpoenas if necessary to compel attendance of witnesses. The Presiding Board will make available to the parties lists of the individuals that it intends to call as witnesses.
Parties will be invited by the Presiding Board to submit recommendations regarding whether additional individuals should be called to testify.
(d) Before each witness testifies, the Presiding Board will invite the parties to submit questions in writing to the Presiding Board which they believe should be posed to the witness. .The Presiding Board has the discretion to use the questions suggested by the parties.
(e) After the hearing has been completed, the Presiding Board is to invite the parties to file proposed findings of fact and conclusions of law.
(f) The Presiding Board is to issue a recommended decision which sets forth its findings on who participated in, had knowledge of and condoned, or by their dereliction or culpable neglect allowed the leak rate falsifications, and the facts surrounding any such involvement in suffi-cient detail to determine the involvement of any individual who may now work, or in the future work, at a nuclear facility. The Board's decision shall address each of the issues set out in Part B of this Order. The Presiding Board is not to make recommendations regarding whether any actions should be taken.
10 (g) The Presiding Board's recomended decision will not be subject to review by an Atomic Safety and Licensing Appeal Board.
(h) The Presiding Board is not to deviate from the procedures set forth above without prior authorization from the Commission. If the Presiding Board should determine that these procedures will not lead to the development of an adequate hearing record, and that other procedures, such as discovery or cross-examination, are necessary for the development of an adequate hearing record, the Presiding Board is to request authorization from the Comission to use more formal procedures. The Presiding Board in its request to the Comission is to specify in detail those issues which cannot be fully developed under the procedures in the Order and Notice of Hearing, what procedures it desires to use, and how use of those additional procedures will result in the development of the needed information.
On the basis of the Presiding Board's recomended decision and taking into account any other information which it believes is appropriate for Comission consideration, the NRC staff shall make recomendations to the Comission regarding what action, if any, should be taken. The NRC staff is to provide its recomendations to the Comission within sixty days after issuance of the Presiding Board's decision. Those recomendations are to include whether the Comission should remove the condition imposed in the TMI-1 restart proceeding barring certain individuals from certain positions at TMI-1.
After reviewing the Board's recomended decision and the NRC staff's recomendations, the Comission will decide what further steps, if any, need to be taken with regard to involved individuals. This will include
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11 consideration of whether to remove TMI-1 employment constraints and whether to initiate formal enforcement action or take any licensing action with regard to involved individuals. If as a result of its review the Commis-sion institutes a formal enforcement proceeding3 or takes any licensing action, the facts found by the Presiding Board and Commission in the hearing ordered here will not be binding in the su'asequent enforcement or licensing proceeding.
It is so ORDERED.
Commissioners Asselstine and Bernthal disapproved this Order and provided separate views.
4 For the Commission t
ht k~ SAMUEL UNHILK Secretary of the Commission Dated at Washington, D.C.
this / y of December, 1985.
3 Because the leak rate falsification events to be addressed in this Board hearing are more than five years old, the five-year statute of limitations set forth in 28 U.S.C. % 2462 may bar the NRC from subsequently instituting an enforcement proceeding for involvement in the events that are the subject of this hearing. However, the information developed in the hearing may be used for other purposes, for example, in evaluating whether an individual's operator license should be renewed.
4 Commissioner Bernthal was absent when this order was affirmed. He had previously disapproved the Order and had he been present he would have affimed his prior vote.
a s
SEPARATE VIEWS OF COMMISSIONER ASSELSTINE I cannot agree with the hearing procedures established by the Commission in this order.
First, the Commission should simply hold an adjudicatory hearing on this issue rather than setting up some sort of ersatz legislative proceeding.
Since the Commission will not do that, however, they should at least have modified some of the more unreasonable provisions. At a minimum any party to the TMI-1 Restart proceeding who wishes to participate in this proceeding should be automatically admitted as a party without having to establish standing. Further, holding the " hearing" in the Washington, D.C. area seems to needlessly make participation in this proceeding more difficult than it should be.
Second, the Commission should not exclude consideration of the involvement of all upper-level GPUN management. I explained in more detail my reasons for believing that the scope of this hearing should not be limited in my dissenting views on CLI 85-2 so I will not repeat them here. Suffice it to say that in my view relying solely on the statement of the U.S. Attorney at a court hearing on a bargained plea agreement is not a valid justification for ignoring management responsibility for the leak rate falsifications.
~
-4
SEPkRATEVIEWSOFCOMMISSIONERBERNTHAL I dissented from the path the majority chose in respect to the n' umber and scope of additional hearings in relation to the Commission's restart of TMI-1. I continue to believe that the overriding consideration in the denouement of the TMI-1 restart proceeding is public confidence--the need for the public to be provided, to the extent reasonably possible, with all the facts relevant to the TMI accident and its aftermath.
I consider this hearing as ordered by the Commission unlikely to prove adequate for that important purpose.
,