ML20205M725
| ML20205M725 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 04/11/1986 |
| From: | Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| CON-#286-826 LRP, NUDOCS 8604150355 | |
| Download: ML20205M725 (11) | |
Text
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ORIG.NAL O
UN11ED STATES NUCLEAR REGULATORY COMMISSION IN THE MNITER OF:
DOCKET NO: LRP INQUIRY INTO THREE MILE ISLAND UNIT 2 - LEAK RATE DATA FALSIFICATION TELEPHONE CONFERENCE lO 1
LOCATION: WAHSINGTON, D.
C.
PAGES:
77 - 85 DATE:
FRIDAY, APRIL ll, 1986 ftal
- \\
i O
ACE-FEDERAL REPORTERS, INC.
offichiReporters 444 North CapitolStreet
" h h e60411o600 TP Washington, D.C. 20001 (202) 347-3700 NATIONWIDE COVERAGE
l CR26485.0 77 REE/dnw I
UNITED STATES OF AMERICA x/
2 NUCLEAR REGULATORY COMMISSION 3
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 4
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _x 5
In the Matter of:
[
6 INQUIRY INTO THREE MILE ISLAND Docket No. LRP UNIT 2 - LEAK RATE DATA FALSIFICATION 7
_ _x 8
Ace-Federal Reporters, Inc.
9 444 North Capitol Street, N.W.
Suite 402 10 Washington, D.
C.
11 Friday, April 11, 1986 The telephone conference in the above-entitled matter 12
(-
1 convened at 10:00 a.m.
's' 13
. BEFORE:
14 [
JUDGE JAMES L.
KELLEY, Chairman 15 S Atomic Safety and Licensing Board Panel U.S.
Nuclear Regulatory Commission
(
Washington, D.
C.
20555 l
g JERRY R. KLT NE l
3 JUDGE $?' TEE II. CARPENTER, Member i
17 i Atomic Safety and Licensing Board Panel
{
U.S.
Nuclear Regulatory Commission 18 Washington, D.
C.
20555 I
19 i
JUDGE GLENN O.
BRIGHT, Member i
1 Atomic Safety and Licensing Board Panel l
U.S.
Nuclear Regulatory Commission 20 Washington, D.
C.
20555 i
21 22 23
.,e e.-,,.... mm i
25 l
78 1
APPEARANCES:
' l 2
On behalf of GPU Nuclear:
3 ERNEST BLAKE, ESQ.
Shaw, Pittman, Potts & Trowbridge 4
1800 M Street, N.W.
Washington, D.
C.
20036 5
On behalf of the Former Metropolitan Edison 6
Employees:
7 HARRY VOIGT, ESQ.
LeBoeuf, Lamb, Leiby & MacRea 8
1333 New Hampshire Avenue, N.W.
Washington, D.
C.
20036 9
SMITH B.
GEPHART, ESO.
M)
Killian & Gephart 216-218 Pine Street, Box 886 11 Harrisburg, Pennsylvania 17108 i
12 l On behalf of NRC Staff:
('/')
i 13 [
JACK GOLDBERG, ESO.
s_.
[
Office of the Executive Legal Director 14 ;
U.S.
Nuclear Regulatory Commission j
F Washington, D.
C.
20555 15 ll
[
On behalf of Jack Herbine:
16 !
(
JAMES BURNS, ESQ.
17 l
Isham, Lincoln & Beale Three First National Plaza i
18 j Chicago, Illinois 60602 i
i 19,.
On behalf of Gary Miller:
20 i
MICHAEL MAUPIN, ESQ.
[
M. CHRISTINA HENSLEY, ESQ.
+
21 Hunton & Williams l
707 East Main Street 22 P.O.
Box 1535 Richmond, Virginia 23202 23 Appearing Pro Se:
)
24 Am+=1.o neponen, Inc.
MARJORIE AAMODT 25 200 North Church Street Parksburg, Pennsylvania
o i
i 26485.0 REE 79 1
P R O q E E D I_ H G S i
2 JUDGE KELLEY:
This telephone conference is 3
pursuant to the. board. order of April'3,' preparing 4
arrangements for hearing on technical issues.
I would like S
to a state what I think is clear from the order.
It merely i
6 proposes a series of steps that would lead to hearing on 7
technical issues.
The proposal is subject to a conference by 8
the parties.
We did receive a written response from counsel 9
for the numerous employees dated April 8 which reflected 10 service on everyone.
Do all the parties have the response I l
l 11 am referring to?
Does any party not of the response I am l
12 referring to?
(}
13 Okay.
We appreciate.your advance filing.
]
l 14 The response from the numerous employees makes a i
15 series of comments, objections.
The April 3 order suggests, 16 among other things, that the board ought to rescind the April 4
1 17 3 order and that it should cancel this phone conference and 18 look toward other procedures.
I'would'like to say a few 19 things by way of background.
I think that we can l
20 characterize a very broad report which is embodied in the v
21 April 3 proposal, that given the continuing unavailability of' 22 the NRR/OI report, it would be well to get the inquiry before-i 23 we start on technical issues that can be done without
_j 1
~
24
. prejudice to the parties.
Numerous employees _-- stating it 25 very broadly, I believe that the inquiry should.not start' O
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until all the relevant data is available and they suggest the 2
possibility of prejudice by an earlier start.
I 3
As to the first prehearing conference, where we 4
indicated the view that we should have those reports, we have l
5 been given to understand that they will probably be available 6
in a couple of weeks or so.
That time period came and went 7
and we have gone through the first part of April.
We still 8
have no definite time as to when they might be available.
9 That was the time context in which we put the proposal.
10 About all I can add to the question of the status 11 of the report is that we,got a current estimate from OI that 12 they might be available around the 1st of May.
That is not i ()
13 firm; it is just an estimate.
14 Having considered the circumstances that I just 15 referred to and also the comments and objections from the 16 numerous employees, at the least, at the beginning of this
- i j
17 phone conference this morning, this is where the board is.
18 We are not disposed to rescind our April 3 order as 19 suggested, at least not now.
We are not'yet convinced that 20 the basic approach of an early technical hearing session is 21 unsound.
We haven't even heard from the other parties but-I i
22 think you will see the drift of our thinking in a moment.
We 23 are inclined, on the'other hand, to schedule a prehearing.
24 conference soon to discuss the approach embodied in the April 25 3 order and the relevant matters.
If we decided to do that,
()
1 i
ACE-FEDERAL. REPORTERS, INC.
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]
I we would not attempt to address objections to the April 3 2
order that we had already, from the numerous employees, and i
3 might receive from others, on the telephone this morning.
1 3
4 I think most significantly, there are some 5
objections raised.
I don't mean all of them,.but some 6
certainly just seem to us to be fairly technical and seem to 7
us to not lend themselves very well to a telephone conference 8
for resolution.
9 Specifically, we are going to propose that we have 10 a prehearing conference in Bethesda, at the same place, in 11 the appeal board public hearing room on Thursday, April 24 at 2
12 10:00 in the morning.
And by that time, the reason for-
- c (}
13 taking that time primarily,-the parties'. comments on all the I
14 available documents and on witnesses that have been named so-l 15 far, they are due by April 18,~so we would have those 16 comments.in hand and be in a-position.to discuss-them, as
~
17 well as the proposal outlined in the April 3 order and 18
'anything else that is deemed pertinent at the time.
19
. With that background and introduction, and to sum-I
]
20 up, we have our doubts about trying to address the-April 3 l
21.
order on the phone this morning.
Even if other parties don't
~
22 have objections, and we will find out in a minute.
WeLlean 1
i 23 toward a prehearing-instead, a week from next Thursday.
And.
24
. hopefully at that time vnt would also have a firmer fix;on the 1
-25 likelyLavailability.of the.NRR/0I report.
So if I may,-then,
~
i i
l ACE-FEDERAL REPORTERS, INC.
l i
202-347-3700 Nationwide Coverage 800 336-6646
t-26485.0 REE 82 1
I would like to ask each of you what your reaction is to the 2
proposition that we are putting.
3 Mr. Voight?
4 MR. VOIGHT:
Mr. Chairman, I have a personal.
t 5
problem.
I"am scheduled to attend a meeting of the American
.6 Bar Association Natural Resources Law Section in Florida 7
beginning on Thursday, April 24.
8 JUDGE KELLEY:
How about the preceding day?
9 MR. VOIGHT:
To tell you the truth, I was going to 1
10 go down to Florida a few days early.
I really -- I have 11 reservations as.of right now for the whole week.
)
12 JUDGE KELLEY:
All right.
Let's poll the other
()
13 parties.
14 Mr. Blake?
)
15 MR. BLAKE:
I am available then.
i 16 JUDGE'KELLEY:
And I don't know whether you had l
17 objections to the report this morning, but if you do, are you 18 amenable to the idea of putting it over to the prehearing?
19 MR. BLAKE:
Yes.
20 JUDGE KELLEY:
All right.
21 Mr. Maupin?
i 22 MR. MAUPIN:
I have no -- I am available.on the 23 24th and I have no objection to putting-these issues over, 4
24 until then.
25 JUDGE KELLEY:
Thank you.
()
i ACE-FEDERAL REPORTERS, INC.
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m
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Mr. Burns?
4 2
MR. BURNS:
I have no objection to putting it over i
3 to the 24th.
I will be available.
i 4
JUDGE KELLEY:
Thank you.
5 Mrs. Aamodt?
l 6
MRS. AAMODT:
I will be available on April 24.
I i
7 will not be available the following week.
I have no 8
objection to putting the discussion off until-then.
9 JUDGE KELLEY:
Okay.
Mr. Gephart, are you with 10 Mr. Voight on that?
I 11 MR. GEPHART:
I have no objections to putting it 12 over.
I am available on the 24th.
(}
13 JUDGE KELLEY:
Okay.
Well, it appears that I
14 everybody is available on the 24th except Mr. Voight.
Would i
15 it be possible, if Mr. Gephart were there, to proceed?
16 MR. VOIGHT:
I didn't quite get the end of your 1
l 17 question.
18 JUDGE-KELLEY:
I am just noting that your I
19 cocounsel,-Mr. Gephart, can come on the 24th'.
That being so 20 and everybody else being available on the 24th, do you think 21 we could proceed with Mr. Gephart, or whoever else_you may I
22 want to have from your office?
23 MR. VOIGHT:
I would say the chances are pretty i
24 good that I will come.
25 JUDGE KELLEY:
All.right.
It seems to me if there
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ACE-FEDERAL REPORTERS, INC.
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26485.0 REE 84 k-)
I were several conflicts we could just change it.
In a 2
situation with multiple parties where but one can come, I am 3
pretty much inclined to go ahead.
I would suggest, then, 4
that this is on the transcript, it will be available to you.
5 We don't intend to write an elaborate order setting forth all 6
these matters again.
We can send out a short confirmatory 7
order, simply reciting that we are going to meet on the 24th 8
for the purpose of addressing the April 3 order, and other 9
matters that we mentioned, and that will be that with respect 10 to,.anything else.
<~
a 11 So anything else that anyone wants to raise before 12 we terminate this phone conference?
(~)
13 Thank you very much.
v 14 MRS. AAMODT:
Judge Kelley, I do have something I 15 want to raise.
I did not receive your order of March 27 16 until a week later.
I do need additional time to make my 17 response to that.
I wondered if I could have until either 18 Thursday or Friday of next week, that would be April 15th or 19 17th, which would mean that it would be in the parties' hands 20 prior to the prehearing conference.
21 JUDGE KELLEY:
The order recites March 27.
You 22 are asking for the -- the order was under date of March 27.
23 Your deadline was April 14.
You are asking for April 17?
24 MRS. AAMODT:
That is right.
25 JUDGE KELLEY:
Would you make that by express mail r~N G
ACE-FEDERAL REPORTERS, INC.
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~
26485.0 REE 85
("%
1 to the various parties?
)
2 MRS. AAMODT:
That would impose quite a burden on a
L 3
me to do it by express mail to all parties.
I could probably j
4 get United Parcel overnight delivery, not guaranteed, but it j
5 would effect an overnight delivery.
Would that be a suitable 6
compromise?
7 JUDGE KELLEY:
Yes, I believe so.
Overnight 8
delivery. United Parcel or something comparable.
My understanding is you can have until the 17th.
9 4
j 10 MRS. AAMODT:
Until the 17th to file it?
11 JUDGE KELLEY:
Yes.
4 12 Thank you.
If there is nothing else, thank you i
13 very much, ladies and gentlemen.
We will be seeing you in a i
14 couple of weeks.
15 (Whereupon, at 10:18 a.m., the. conference was j
16 concluded.)
17 18 19 20 21 i
22 l
23 24
'25
- -O s
ACE-FEDERAL REPORTERS, INC.
202-347 3700 Nationwide Coverage 80 4 336-6646
CERTIFICATE OF OFFICIAL REPORTER O
This is to certify that the attached proceedings before the UNITED STATES NUCLEAR REGULATORY COMMISSION in the I
matter of:
NAME OF PROCEEDING:
INQUIRY INTO THREE MILE ISLAND j
UNIT 2 - LEAK RATE DATA i
FALSIFICATION
~
h l
TELEPHONE CONFERENCE DOCKET NO.:
LRP PLACE:
WASHINGTON, D. C.
/
] O o^r= =
ra'o^'
^ra't 1 1986 were held as herein appears, and that this is the original j
transcript thereof for the file of the United States Nuclear Regulatory Commission.
I g
(sigt) h (TYPED)
REBECCA E.
EYSTER Official Reporter ACE-FEDERAL' REPORTERS INC.
Reporter's Affiliation, j
O
.