ML20203C964
| ML20203C964 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 04/18/1986 |
| From: | Mcbride M GENERAL PUBLIC UTILITIES CORP., LEBOEUF, LAMB, LEIBY & MACRAE |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20203C953 | List: |
| References | |
| LRP, NUDOCS 8604210285 | |
| Download: ML20203C964 (7) | |
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'1 UNITED STATES OF AMERICA 00CMETED NUCLEAR REGULATORY COMMISSION
'JSNRC BEFORE THE PRESIDING BOARD P6 AN 18 P1 M2 QFFICE OF SEcFE1?nt 00CHET1HG A sEvact'
)
BRANCM In.the Matter of
)
)
i INQUIRY INTO THREE MILE ISLAND
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Docket No. LRP UNIT 2 LEAK RATE DATA
)
FALSIFICATION
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RESPONSE OF EMPLOYEES TO PART II.D. OF MEMORANDUM AND ORDER OF MARCH 26, 1986 In its Memorandum and Order of March 26, 1986
(" Order"), the Presiding Board (" Board") directed Counsel for the Employees to serve as lead counsel in the preparation of a master list of prior statements by individuals involved in leak rate testing at TMI-2 and in the designation of such statements for use in this proceeding.
Specifically, the Board directed us to prepare on a "best efforts" basis a master list of prior statements (primarily concerning TMI-2 leak rate testing) for submission to the other parties by April 18.
It also directed us to designate a smaller list of statements we propose to offer (for evidence, impeachment, or any other purpose) for use in the proceeding.
The Board suggested that we begin this task with a review of the prior statements contained in Volume 6 of the Stier Report, a list of which is set forth as Table 3 in Volume 3.
8604210295 860418 PDR ADOCK 05000320 G
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y The Stier Report excludes several statements contained in Appendix C of the Stier Report on TMI-l leak rate testing /
l and several depositions of various Employees taken during the lawsuit between General Public Utilities and Babcock &
Wilcox.2/
However, we believe that Volume 6 of the Stier Report includes all public prior statements primarily concerning TMI-2 leak rate testing.
Indeed, Volume 6 contains many statements that, while primarily concerning such testing, will contribute little to the development of the record in this proceeding.
On balance, however, we believe it prudent and in the interest of an orderly proceeding to neither subtract from nor add to the list of prior statements set forth as Table 3.
Revision will no doubt be required following the release of the l
NRR/OI report on TMI-2 leak rate testing.
At this time, however, we hereby designate Table 3 as the master list requested by the Board.
The Board also requested that we designate a smaller list of statements that we propose to offer for use in the proceeding.
At this time, we propose to offer only the following prior statements, all of which are contained in Volume 6 of the Stier Report:
1/
Edwin H. Stier, TMI-l Reactor Coolant Inventory Balance Testing (dune 13, 1984).
2/
General Public Utilities, Metropolitan Edison's corporate parent, sued Babcock & Wilcox, the manufacturer of the TMI-2 reactor, for damages resulting from the TMI-2 accident.
General Public Utilities Corp.
v.
Babcock & Wilcox Co., No. 80-CIV-1683 (S.D.N.Y. filed March 25, 1980).
The suit was settled on January 24, 1983. - - - - - - - -
N 2
Hartman, Harold W.
1.
NRC TMI Special. Inquiry Group Deposition (October 29, 1979) 2.
Babcock & Wilcox Deposition (July 16, 1982) 3.
Babcock & Wilcox Deposition (August 18, 1982)
Beyond these statements, we are not prepared at this time to propose offering any other prior statements for use in this proceeding.
In general, we object to the use for any purpose of any prior statement unless it was (i) taken under oath, (ii) transcribed verbatim by a court reporter', (iii) taken with counsel for the witness present (or waived), and (iv) taken with an opportunity by the witness to correct the transcript.
Moreover, no prior statement of any individual should be accepted as evidence against that individual unless he is afforded the opportunity to explain and supplement the statement before the Board.
Finally, the Board should make no determination of culpable conduct by any individual on the basis of any prior statement unless the witness giving that statement appears before the Board for questioning and the implicated individual is afforded the opportunity to explain or rebut the statement.
We anticipate the use of prior statements, in addition to those referenced above, to question, impeach or rebut witnesses in this proceeding other than the Employees.
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However, we cannot now propose to offer such statements because there are no other proposed witnesses with prior statements, with the exception of John G. Herbein and Gary P. Miller, whom we do not represent.
We consequently perceive no purpose at this time in stipulating to the use of prior statements by individuals who will not participate in this proceeding as either parties or witnesses.
Should the Board amend its list of proposed witnesses following the release of the NRR/OI report, we may propose to offer additional prior statements.
We do not anticipate any widespread use of prior statements as evidence in this proceeding, other than as described above.
Many of the prior statements contained in Volume 6 of the Stier Report demonstrate that the witnesses giving the statements know little about TMI-2 leak rate testing.
Thus they will contribute nothing to the development of the record.
Those with substantial knowledge of TMI-2 leak rate testing are the Employees, yet the evidence to be offered by the Employees will be in their prefiled testimony.
Thus we do not propose to designate any prior statements by the Employees.
Many of these statements fail to meet the four procedural safeguards criteria set forth above, and we object in any event to their use.
The use of prior statements that meet those criter4a, moreover, is probably unneces sary in view of the prefiled testimony the Board is requiring.
Thus we perceive no pprpose at this time in stipulating to the use of 5
prior stateme.sts by the Employees.
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For the foregoing reasons, we hereby designate Table 3 of Volume 3 of the Stier Report as a master list of prior-statements and propose to offer the above-referenced prior statements for use in this proceeding.
Respectfully submitted, LeBOEUF, LAMB, LEIBY & MacRAE By M M _Wf Partner Of Counsel:
1333 New Hampshire Avenue, N.W.
Harry H. Voig t Suite 1100 William G.
Primps Washington, D.C.
20036
- Molly S. Boast (202) 457-7500 James W. Moeller Marlene L.
Stein l
Smith B. Gephart KILLIAN & GEPHART Jane G.
Penny 216-218 Pine Street Terrence J. McGowan Box 886 Harrisburg, PA 17108 (717) 232-1851 Attorneys for Numerous' 1978-79 Employees of Metropolitan Edison Company i
i.
April 18, 1986 e.
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'i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 00thETED USNRC BEFORE THE PRESIDING BOARD 16 art 18 P1 :42 grra:
)
u0CdET A A 6/ICf.
ANCH In the Matter of
)
)
INQUIRY INTO THREE MILE ISLAND
)
Docket No. LRP UNIT 2 LEAK RATE DATA
)
FALSIFICATION
)
)
CERTIFICATE OF SERVICE I hereby certify that I have served copies of " Response of Employees to Part II.C. of Memorandum and Order of March 26, 1986" and " Response of Employees of Part II.D. of Memorandum and Order of March 26, 1986" by deposit in the United States mail, first class, postage prepaid, or, as indicated by an asterisk, by hand delivery, to the following persons this 18th day of April 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
- Administrative Judge Jerry R.
Kline Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555
,4 i
i
- Jack R. Goldberg, Esq.
Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555 4
- Docketing and Service Branch (3)
U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Ernest L. Blake, Jr., Esq..
Shaw, Pittmata, Potts & Trowbridge 1800 M Street, N.W.
Washington, D.C.
20036
)
James B. Burns, Esq.
Isham, Lincoln & Beale Three First National Plaza Suite 5200 Chicago, IL 60602 Michael W. Maupin, Esq.
Hunton & Williams P.O. Box 1535 Richmond, VA 23212 1
-Ms. Marjorie M. Aamodt P.O. Box 652 Lake Placid, NY 12946 V, d.sa.
2 0
i James W. Moeller a
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