ML20207B473
| ML20207B473 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 07/14/1986 |
| From: | Voigt H LEBOEUF, LAMB, LEIBY & MACRAE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#386-012, CON-#386-12, RTR-NUREG-0680, RTR-NUREG-680 LRP, NUDOCS 8607180059 | |
| Download: ML20207B473 (8) | |
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[0 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION N 15 BEFORE THE PRESIDING BOARD
'46 So[Iffor y Ng rf O!
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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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RESPONSE OF EMPLOYEES TO MEMORANDUM AND ORDER OF JUNE 24, 1986 In its Memorandum and Order of June 24, 1986 (" June 24 Order"), the Presiding Board directed the Employees "to state
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exactly which portions of OI Report 1-23-011 (sic] and NUREG-0680 Supp. No. 5 relate to TMI-l leak rate testing and which they wish admitted."
The Order also directs the Employees to respond, in this connection, to the Comments of Gary P. Miller on June 6 Filings (" Miller Comments") filed on June 16.
In accordance with the June 24 Order, the Employees herewith clarify their proposal for the addition of these documents to the initial record in this proceeding.
Background and Clarification In its Memorandum and Order of March 26, the Presiding Board proposed to include OI Report 1-83-010, Three Mile Island Nuclear Generating Station Unit 2 - Alleged Falsification of 8607180059 860714 PDR ADOCK 05000320 O
ppg
t Leak Rate Surveillance Test Data (August 15, 1984), in the initial record in this proceeding.
The Employees objected to this report because it draws conclusions as to the culpability of individuals or characterizes the prior testimony of witnesses.
.iesponse of Employees to Part II.C. of Memorandum and Order of March 26, 1986 (April 18, 1986) at 4-5.
- However, the Employees proposed the addition to the initial record of NUREG-0680, Supp. No.
5, TMI-l Restart: An Evaluation of the Licensee's Management Integrity as It Affects Restart of Three Mile Island Nuclear Station Unit 1 Docket 50-289 (July 1984),
Sections 4.0, 5.1, 5.2 and 13.2.
The Presiding Board, in its Memorandum and Order of May 22, subsequently determined that OI Report 1-83-010 was largely superseded by the recently released NRR and OI reports and a
decided to exclude it from the initial record.1/
The May 22 Order also excluded NUREG-0680, Supp. No. 5 without prejudice to the right of the Employees to urge the consideration of TMI-l leak rate matters.
In the Response of Employees to Memorandum and Order of May 22, 1986 (June 6, 1986) at 3-4, the Employees argued that the Presiding roard should consider THI-1 leak rate matters.2/.
1/
The May 22 Order (at 7) refers to OI Report 1-23-011.
As observed in GPU Nuclear Corporation's Comments on Proposed Additional Documents (June 6, 1986) at 3, this reference is assumed to be a typographical error.
The reference should read OI Report 1-83-010.
I 2/
In that filing (at 3), the Employees erroneously referred to OI Report 1-23-010.
The appropriate reference 3
should read OI Report 1-83-028, which is discussed infra.
We apologize for any confusion our inadvertent error may have caused.
t.
However, the June 24 Order observed that "[t]he Employees' argument appears to be over-broad."
June 24 Order at 2.
It consequently directed the Employees to clarify what documents and portions thereof the Presiding Board should incorporate into the initial record !.n order to address TMI-1 leak rate matters.
OI Report 1-83-028 The Employees urge the addition to the initial record of OI Report 1-83-028, Three Mile Island Nuclear Generating Station Unit 1 - Possible Falsification of Reactor Coolant System Inventory Leak Rate Tests (Ar-il 16, 1984) and Supplement.
The report provided the basis for the subsequent NRC Staff determination that the relevant evidence failed to support a finding that TMI-l leak rate tests were intentionally or.
systematically falsified during the period investigated.
NUREG-0680, Supp. No. 5 at 4-17.
However, the report provides a history of TMI-l leak rate testing that is necessary to evaluate the allegations of misconduct in connection with TMI-2 leak rate testing.
OI Report 1-83-028 is referenced in OI Report 1-83-010, l
discussed above.3/
However, we urge the Presiding Board only to include the former in the initial record, because OI Report 1-83-028 is useful as an historical background document, l
whereas OI Report 1-83-010 is objectionable because it draws i
3/
We assume the June 24 Order's reference to OI l
Report 1-23-011 is a typographical error and that the reference should read OI Report 1-83-010. __,.
conclusions as to the culpability of individuals or characterizes the testimony of witnesses.1/
NUREG-0680, Supp. No. 5 The Employees urge the addition of Sections 4.0 and 13.2 of NUREG-0680, Supp. No.
5.
In excluding this document, the May 22 Order preserved the right of the Employees to urge the consideration of TMI-l leak rate matters.
The Employees accept the Presiding Board's ruling with respect to Sections 5.1 and 5.2, which address TMI-2 leak rate matters.
Thus, the Miller Comments correctly observe that the Employees no longer seek the addition of these sections into the initial record.
However, both Sections 4.0 and 13.2 directly or indirectly address TMI-1 leak rate matters.
The May 22 Order explicitly acknowledges the relevance of Section 4.0 and refers to the
" consideration of Unit 1 leak rate matters (including section 13.2)
." May 22 Order at 8.
Section 13.2 discusses the NRC Staff position on the integrity of individuals in the management of GPU Nuclear.
This position is based on the determination that TMI-1 leak rate tests were not intentionally or systematically falsified.
Thus,-Section 13.2, like Section 4.0, considers certain TMI-l leak rate testing practices -- which control room operators subsequently adopted at TMI-2 -- and concludes that they do not constitute misconduct.
Section 13.2 thus constitutes a 4/
We recognize that the Presiding Board has rejected this basis for excluding other reports, but we respectfully adhere to our previously stated position.
9 relevant admission by the NRC Staff that the adherence to certain leak rate testing practices at TMI-2 that originated at TMI-1 does not constitute misconduct, and it should be admitted for that reason.
The Miller comments incorrectly conclude that the Employees no longer seek the addition of Section 13.2 into the initial record and that the addition of Section 4.0 alone would satisfy 3
their request to the Presiding Board to consider TMI-l leak rate matters.
The Employees urge the addition of both Sections 4.0 and 13.2 of NUREG-0680, Supp. No. 5.
We do not, however, seek the admission of Section 13.2 as it refers to Mr. Miller.
.l i
i e l
t Conclusion For the foregoing reasons, the Presiding Board should include OI Report 1-83-028 and Supplement, and sections 4.0 and 13.2 of NUREG-0680, Supp. No. 5 into the initial record in this proceeding.5/
Respectfully submitted, LeBOEUF, LAMB, LEIBY & MacRAE By h
(Jartner
(
Of Counsel:
1333 New Hampshire Avenue, N.W.
Michael F. McBride Suite 1100 William G.
Primps Washington, D.C.
20036 Molly S.
Boast (202) 457-7500 James W.
Moeller Marlene L.
Stein 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 l
Edison Company July 14, 1986 t
1 1
5/
Counsel for the Employees is currently discussing with counsel for GPU Nuclear the possibility of admissions to establish the facts regarding TMI-1 leak rate testing practices.
Such admissions might eliminate the need for incorporation of OI Report 1-83-028 and Section 4.0 of NUREG-0680, Supp. No.
5.
Howaver, as of this date, we have not agreed to the specific content of such admissions.,
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE PRESIDING BOARD
)
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 Memorandum and Order of June 24, 1986" by deposit in the United States mail, first class, postage prepaid to the following persons this 14th day of July 1986:
Administrative Judge James L. Kelley, 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
5 4
Jack R. Goldberg, Esq.
Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Docketing and Service Branch (3)
U.S. 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 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 Ms. Marjorie M. Aamodt 200 North Church Street Parkesburg, PA 19365 Ms. Marjorie M. Aamodt P.O. Box 652 Lake Placid, NY 12946
- h. _ _ _ w. M_ a s. 2 0
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James W.
Moeller
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