ML20151Z183
| ML20151Z183 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 02/13/1986 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | METROPOLITAN EDISON CO. |
| References | |
| CON-#186-062, CON-#186-62 CLI-86-03, CLI-86-3, GLI-86-3, LRP, NUDOCS 8602140083 | |
| Download: ML20151Z183 (3) | |
Text
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UNITED STATES OF AMERICA
$;(pciEt NUCLEAR REGULATORY COMfilSSION COMMISSIONERS:
'86 FER 13 P4 :(M Nunzio J. Palladino, Chaiman DFF'U
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Thomas it. Roberts 00CMiims.. k.</U.
James K. Asselstine BRANCH
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Frederick M. Bernthal Lando W. Zech, Jr.
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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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MEMORANDUM AND ORDER CLI-86-03 On January 14, 1986, various former enployees of Metropolitar Edison Company "who will be involved in this proceeding" (" Petitioners") filedI a notion requesting that the Commission make several modifications to its December 18, 1985 T!otice of Hearing on leak rate falsifications at TMI-2, CLI-85-18, 22 NRC Defore turning to petitioners' specific requests, the Comission wishes to make it clear that this proceeding is discretionary; it is not being conducted because t.he law requires it.
The proceeding will be used as an information base for decisions on whether enforcement or other licensing action should be initiated.
It will not ba used to deprive any individual of any statutory hearing rights he or she may have if fornal enforcement or licensing action is initiated. With this as background, we will address each' request in turn.
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2 l '. Petitioners first request that the order be revised to refer to
" alleged" leak rate falsifications. This request is denied.
Information developed in federal court proceedings and investigations by GPU tiuclear and the NRC support the proposition that some falsification of leak rate data occurred at TMI-2. However, the Commission-has not prejudged this
.i issue and the Presiding Board may reach a contrary conclusion if additional evidence is developed and the record so dictates.
2.
Petitioners next request that the Comission make clear that the information developed in this hearing will not be used to deny, suspend, or revoke an operator's license without prior notice and the opportunity for an adjudicatory hearing. The introductory paragraph of this Order explains the purpose of this proceeding and makes clear that individuals will not be deprived of statutory hearing rights. Accordingly, unless the public health, safety, or interest requires otherwise, the Commission will not co'ndition, suspend, or revoke an operator's license without prior notice and opportunity for hearing. Denial of an initial or renewal application would also give petitioners a right to a hearing.
l 3.
Petitioners also request that the Comission expand the scope of i
the hearing to include whether the requirements for reactor coolant system j
("RCS") unidentified leakage in Technical Specification 3.4.6.2 were reasonably promulgated, whether they had safety significance, and whether 4
anyone knew of a method in 1978-1979 that would have produced a reasonably l
accurate measure of unidentified leakage from the RCS. The focus of this hearing relates to whether Metropolitan Edison Company employees followed requirements, not whether the requirements were properly imposed.
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Accordingly, the request is denied, except to the extent petitioners' i
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,i) 3 issues are already within the scope of the hearing under CLI-85-18 (see, for example, paragraph B.2.(b)).
-4.
Finally, petitioners request that the Commission grant the Presiding Board the authority to permit discovery and cross-examination of witnesses. This request is denied. The Commission continues to believe the procedures set forth in CLI-85-18 should be sufficient to develop an adequate record. As we noted in that Order, if the Presiding Board determines that use of additional procedures is warranted, it may request authorization from the Commission to use such procedures.
Commissioner Asselstine disapproved this Order.
It is so ORDERED.
Fo the Commission *
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._D bC-l ; SAMUEL J. GilLK Secretary of tile Commission l
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this /3 day of rA---y
, :1986.
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Chairman Palladino and Commissioner Bernthal were absent for the affirmation of this item.
Had they been present they would have voted to approve it.
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