ML20207Q244
| ML20207Q244 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 01/20/1987 |
| From: | Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| CON-#187-2370 LRP, NUDOCS 8701270069 | |
| Download: ML20207Q244 (16) | |
Text
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ORGWA L UN11EU STATES c
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NUCLEAR REGULATORY COMMISSION IN THE MATTER OF:
DOCKET NO: LRP INQUIRY INTO THREE MILE ISLAND UNIT 2 - LEAK RATE DATA FALSIFICATION l
's LOCATION:
WASHINGTON, D.
C.
FAGES:
5350 -
5363 DATE:
TUESDAY, JANUARY 20, 1987
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UNITED STATES OF AMERICA
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2 NUCLEAR REGULATORY COMMISSION 3
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 4
x In the Matter of:
5 Docket No. LRP INQUIRY INTO THREE MILE ISLAND 6
UNIT 2 - LEAK RATE DATA FALSI*ICATION 7
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _x 8
9 Ace-Federal Reporters, Inc.
Suite 402 10 444 North Capitol Street Washington, D.
C.
11 12 Tuesday, January 20, 1987
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13 The telephone conference in the above-entitled matter 14 convened at 2:00 p.m.
15 BEFORE:
16 JUDGE JAMES H.
CARPENTER 17 Atomic Safety and Licensing Board U.S.
Nuclear Regulatory Commission 18 Washington, D.
C.
19 JUDGE GLENN O.
BRIGHT Atomic Safety and Licensing Board 20 U.
S.
Nuclear Regulatory Commission Washington, D.
C.
21 22 23 24
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ACE-FEDERAL REPORTERS, INC.
202-347-3700 Nationwide Coverage 800-33(HM46
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1 APPEARANCES:
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2
-On behalf of GPU Nuclear Corporation:
3 ERNEST L.
BLAKE, JR.,
ESQ.
4 Shaw, Pittman, Potts & Trowbridge 2300 N Street, N.W.
Washington, D.
C.-
20037 5
On behalf of Employees:
HARRY H. VOIGT, ESQ.
7 MICHAEL McBRIDE, ESQ.
LeBoeuf, Lamb, Leiby & MacRae 8
1333 New Hampshire Avenue, N.W.
' Washington,.D. C.
20036 9
On behalf of Jack Herbein:
10 CHRISTOPHER W.
FLYNN, ESQ.
Isham, Lincoln & Beale 1150 Connecticut Avenue, N.W.
Washington, D.
C.
20036 On behalf of Gary P. Miller:
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13 M.
CHRISTINA HENSLEY, ESQ.
14 Hunton & Williams 707 East Main Street 15 Richmond, Virginia 23221 16 On behalf of Intervenors:
NORMAN AAMODT 77 MARJORIE AAMODT 18 19 20 21 22 23 24 25 ACE-FEDERAL REPORTERS, INC.
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2
. JUDGE CARPENTER:' I would like to inform everyone 3
that the~ events of this morning have made it impossible for 4
Judge Kelly to be with us.
Judge Bright is here with me, 5
and rather than delay this conference call, we decided to 6
go ahead with it.
The Board will be able to meet tomorrow 7
morning, but we thought it would be worthwhile to proceed-8 with the conference call.
9 I think the first order of business, Mr. Aamodt, 10 is to bring everybody up to date with respect to your 11 motion.
In the first full paragraph -- the last paragraph' 12 begins "Since the date of the delivery of the transcript,
-()
13 the Aamodts ordered some time ago, cannot be predicted," et 14 cetera.
I guess the first question is, do you now have'the 15 transcript?
16 MR. AAMODT:
Yes, we do.
17 JUDGE CARPENTER:
Is it still your position that 18 you wish an extension to February 9, 1987?
19 MR. AAMODT:
Yes.
20 JUDGE CARPENTER:
Thank you.
I guess we will 21 just go around the parties now and get your views about 22 this request for extension.
23 MR. VOIGT:
This is Mr. Voigt.
We don't have 24 any particular objection to the request for the extension.
25 However, I want to point out to the Board that the date of ACE-FEDEPAL REPORTERS, INC.
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1 February 9 is premised on the idea that the numerous 2
employees are not' going to complete their filing until 3
February 9.
I wish to advise the Board that that is not 4
the case.
You' gentlemen very kindly gave us until January 5
23 to file our technical findings and gave us until
~
6 February 9 to file on issues of individual responsibility.
7 We are going to need some initial time to finish 8
the individual responsibility findings, but we believe that 9
we will be making those filings, completing our filing, all l
10 of our findings, on February 2.
I l
11 JUDGE CARPENTER:
Welcome, Mrs. Aamodt.
l 12 MRS. AAMODT:
Yes, I had been here for about 20 l
(f 13 minutes and wondered what happened.
14 JUDGE CARPENTER:
This is Judge Carpenter.
15 Judge Kelly is unable to be here with me.
Judge Bright is f
16' here.
Rather than delay, we thought we would go ahead and l
I 17 give the parties a chance to comment on your motion.
We 18 have just begun.
19 MRS. AAMODT:
Thank you.
I 20 MR. VOIGT:
To summarize what I was saying, we 21 are going to have all of our findings, then, on February 2, 22 and I want the Board to know that and take that into 23 consideratloa when they are considering this motion.
- Now, 24 there is a second problem.
25 Under the schedule that the Board originally ACE-FEDERAL REPORTERS, INC.
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1 promulgated, we would-have had something on the order of 2
six weeks to review the Aamodts' proposed findings and 3
prepare our reply.
As matters now stand, if the motion.is 4
granted, we will have only 10 days.
5 Now, I think we can probably get a reply in 10 6
days, but that is subject to two caveats.
First of all, 7
whatever findings are going to be served by the Aamodts 8
have to be received by me in Washington and by Mr..Gephart 9
in Harrisburg on the day they are due.
Secondly, depending 10 on how voluminous they are and how much they deal with 11
' individual responsibility of our clients, we may have to 12 ask for a brief extension of time; 10 days may just not be
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13 enough, even if we get them on the days they are due.
14 Those are my comments.
15 JUDGE CARPENTER:
I think it is clear.
I would 16 like to ask the Aamodts if received on February 9, in their 17 hands by February 9, is agreeable to you.
18 MRS. AAMODT:
I think we could do that.
It 19 would be a little easier if it were the 10th because we 20 could use the overnight service for that.
Otherwise, if we 21 are still working on Saturday and Sunday, we may have to 22 use the zapping service.
But I think I would be willing to 23 do that.
24 JUDGE CARPENTER:
Thank you.
25 Who wishes to go next?
How about counsel for 1
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2 MR. BLAKE:
This is Mr. Blake.
3 JUDGE CARPENTER:
Yes.
4 MR. BLAKE:
In view of the schedule that 5
Mr. Voigt has reported the numerous employees will be able 6
to make in view of the bottom line of the Aamodts' p]eading,-
7 being that it would not upset the schedule and that they 8
seek as great an extension as possible consistent with not 9
altering the schedule, I believe that the most extension 10 they should be given is until February 2.
11 I echo Mr. Voigt's observations that with the 12 considerably shortened length of time that will now be
()
13 available to the other parties to reply to the Aamodts, 14 that hand-delivering, not only on the Board -- the due date, 15 whatever due date the Board sets, be, as well, hand-delivery 16 on that same date, on the parties.
17 Finally, I would oppose the Aamodts' request for-4 18 a 14-day reply opportunity by the 10-day reply schedule 19 which the Board set before, seeing no basis for their 20 request.
That's my position.
21 JUDGE CARPENTER:
Do the Aamodts wish to reply 22 to the opposition of the 14-day rather than 10-day matter?
23 MRS. AAMODT:
Well, I feel that we are -- we 24 have very limited resources, and that was the reason for 25 the 14 days, and I would ask for you to take that into ACE-FEDERAL REPORTERS, INC.
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consideration.
We are also not in Washington, but it-takes 2'
us some time to plan to get_these things into Washington.
3
.Except for the zapping service, the delivery isn't always 4
reliable, even the guaranteed express mail delivery.
We 5
have to travel to get this kind of service, Plattsburg-is 6
reall/ the closest place where we can get reliable delivery 7
service to Washington, and it's an hour and a half each way.
8 The roads are very bad right here, up here at this time of 9
the year, so I think the 14 days would be very helpful.
10 JUDGE CARPENTER:
Thank you for giving us that 11
-background.
12 Mr. Blake, do I understand you basically oppose
( )-
13 the February 9 date and suggest February 2 instead?
14 MR. BLAKE:
Yes, that's correct.
As I 15 understood the Aamodts' request, it was to get as much as 16 possible by way of extension consistent with not elongating 17 the schedule, based on Mr. Voigt's ability to make February 18 2.
I, therefore, would oppose any extension beyond 19 February 2.
20 MRS. AAMODT:
This is Mrs. Aamodt speaking.
I 21 think Mr. Voigt believes that that is the schedule that he 22 can make, and I didn't hear that that was a firm schedule.
23 That would cause us quite a bit of hardship.
We do now 24 have the transcript, the full transcript, so I was counting 25 the number of days that we had it in our hands, and it's i
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less than 25.
This is really a very short time for a 2
persc7 who is working with the limited resources that we 3
have to do a credible job.
1 wouldn't want to put anything 4
less before the Board..
5 MR. VOIGT:
So that we may be clear,-February.2 6
is a firm date.
We are going to have them in on February 2, 7
if not before.
8 JUDGE CARPENTER:
Thank you for that 9
clarification.
Does anyone else want to speak in 10 opposition of the motion?
11 MR. FLYNN:
This is Chris Flynn.
12 I think Mr. Voigt and Mr. Blake have addressed
()
13 the concerns that we have, so I would just state simply 14 that we support the February 2 date.
15 MS. HENSLEY:
Your Honor, this is Chris Hensley.
16 Likewise, I support a February 2 deadline for the Aamodts 17 filing their findings of fact.
I would also request that 18 those findings be in not only the counsel for numerous 19 employees' hands on that date, but also the counsel for 20 Jerry T.
Miller, and I would assume all the other parties 21 as well.
22 I must admit, however, to having some difficulty 23 in formulating a response to Mrs. Aamodt's motion, because 24 I could not tell from her motion exactly what transcript 1
25 she had, how many days behind in transcript that she would ACE-FEDERAL REPORTERS, INC.
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. U) 1 need.
Like Mr. Blake, I read her motion to mean she needed 2
an extension of: time as was reasonably necessary, and yet 3
would not introduce delay into the proceeding.
4 MRS. AAMODT:
To answer that question, I.had 11 5
days of transcript in hand and 20 days not in hand.
6 MS. HENSLEY:
Well, I am a little confused, 7
because in going back through the Aamodts' prior motions, I 8
noted that in their November 24 filing, the Aamodts had 9
cited transcript 4614, which corresponds to the transcript 10 from Monday, November 3, which is when Mr. Selinger 11 testified.
There were, if I am correct, and I think I am, 1
12 only four hearings after that date.
()
13 I would assu therefore, that 16 of the 20 l
i 14 days' transcript that Mrs. Aamodt did not have in hand were l
15 prior to the 11 days minus November 3, which would make it 16 early November, late October.
17 So we are talking basically about the first days 18 of the hearing.
19 MRS. AAMODT:
That's correct.
We have most of 20 the transcripts after the individual employees began to l
1 l
21 testify.
We do not have the early transcripts.
I 22 JUDGE CARPENTER:
Mrs. Aamodt, did I understand 23 you correctly, did you say you do not have the early 1
24 transcripts?
25 MRS. AAMODT:
We did not have them as of the (2)
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time that we made'the motion.
2 JUDGE CARPENTER:
Thank you.
3-Does anyone else wish to speak to this motion?-
4 Well, it's clear that the Board will have to meet tomorrow l
5 morning, and we will try to get back to you by telephone 6
sometime tomorrow.
(
7 MRS. AAMODT:
Judge Carpenter, could I^just add I
8 one comment.
This is Marjorie Aamodt.
As far as the 9
numerous employees, moving the day up to-February 2, I feel-10 that's a-matter of their choice.
But the Board found it s
L 11 acceptable, the February 9 deadline acceptable for them.
12 So I feel even if they do file prior to February 9, that
()
13 the February 9 deadline for us would not be prolonging the t
14 schedule or delaying the schedule if the Board found it 15 acceptable at the time that it made it.
16 MR. MC BRIDE:
Judge Carpenter, this is Michael 17 McBride.
I am also counsel for the numerous employees.
18 Mrs. Aamodt was not with us the last date of the hearing 19 and the discussion of the schedule took place off the 20 record.
But one of the reasons that we have tried 21 diligently to prepare our filing and be prepared to file 22 before February 9 is because Judge Kelly gave me a strong 23 admonition during that off-the-record discussion, that he 24 wished to have us file as soon as possible, as of the 23rd f
25 if we could do it, but no later than February 9.
It is in 1
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1 the spirit of the Board's request that we are attempting to 2
make our filing as'quickly as possible, and we will do.so 3
no later than February 2.
4 JUDGE CARPENTER:
Mr. McBride, I think even in 5
the absence of Judge Kelly I can assure you that the Board 6
is appreciative of your efforts to file early.
All three 7
of us have other cases on our dockets.
We tried to make a 8
time slot to work on this, and any additional time that we 9
can be provided by early filing is greatly appreciated.
We 10 thank you very much.
11 MRS. AAMODT:
Judge Carpenter, if I could file 12 this earlier, I would be very pleased to get this item off
( )'
13 my agenda.
The delay in receiving this transcript has 14 really messed up our schedule; and we expected to be in 15 Pennsylvania the latter part of this week for some extended 16 time, and those dates have to be canceled.
17 I would appreciate hearing from you tomorrow.
I 18 would like to know whether I still have this opportunity 19 before I expend any more efforts on this.
But if the 20 opportunity is only to file by February 2, I will not be 21 able to file by that time.
It's simply too much work for 22 me to accomplish in that time.
23 JUDGE CARPENTER:
I think it might be useful to 24 get other views about the relatively brief time interval 25 that would be available for the parties to reply to the ACE-FEDERAL REPORTERS, INC.
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Aamodts' findings.
Mr. Voigt indicated it would only leave 2
10 days and it was possible he might be able to do that, 3
and he would make a best effort, but he might not quite be 4
able to do that.
What are others' feelings?
Mr. Blake?
5 MR. BLAKE:
Well, of course, sight unseen, 6
Judge Carpenter, it's awfully hard to know, but I had not 7
anticipated seeking an extension of time, but, rather, 8
living with the Board's 10-day interval.
9 To the extent that time were extended, I would 10 hope that for any party that -- I would hope the Board 11 would expect it for all parties.
12 MS. HENSLEY:
This is Chris Hensley, your Honor.
()
13 I agree with what Mr. Blake said.
If the Aamodts file on 14 February 2 or if you grant their extension until February 9, 15 we would then be on a 10-day response schedule; and, again, 16 I don't know what we would be responding to with respect to 17 anyone's filings that are yet unseen.
18 But with respect to the Aamodts' on the 9th and 19 we file responses on the 19th, if the numerous employees 20 got theirs in on the 2nd, we would be filing replies on the 21 12th.
22 MR. FLYNN:
This is Chris Flynn, your Honor.
We 23 can live with the 10-day rule, as long as we are served on 24 the date that the findings are due.
25 JUDGE CARPENTER:
Thank you, f_
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1 MRS. AAMODT:- Judge Carpenter, I would like to 2
say, of course, I would not be able to be both writing 3
findings and replying to the numerous employees at the same 4
time, so that I would like to amend my request that I would 5
be able to keep a 10-day schedule following February 9 6
rather than following February 2 for the numerous employees 7
findings, which I would not be able to read until after I 8
filed my own findings.
9 JUDGE CARPENTER:
Well, I think that's about as 10 far as we can go.
I think it puts the facts before us.
As 11 I said, we will try to meet tomorrow and get back to you 12 without delay.
()
13 MR. BLAKE:
Judge Carpenter, before you go away, 14 I think Mrs. Aamodt has raised a good point.
If we arrive 15 at the position where the numerous employees file on 16 February 2, and the Board were to grant an extension to 17 Mrs. Aamodt and Aamodt alone to file findings on February 9, 18 with the order written as it is that reply findings -- that 19 would be 10 days following the last filing, not the last 20 filing of findings, but rather the last filing of findings 21 by numerous employees, which is what everyone anticipated 22 when the order was set, I sure did not mean, by my earlier 23 statement, to suggest that I was prepared to meet that 10-day 24 schedule and still reply to the Aamodts, which conceivably 25 could be within three days; and to the extent that's the ACE-FEDERAL REPORTERS, INC.
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1 way it was taken, I apologize.
2 What I intended was to say that I could meet the
-3 10 days, I thought, with regard to the Aamodts; but it was 4
clearly 10 days after I see the Aamodts' filings.
5 JUDGE CARPENTER:
Yes, I don't think there was a 6
real misimpression, Mr. Blake, but I thank'you for 7
clarifying it.
8 I think we see the situation pretty clearly.
9 The Aamodts' participation here is becoming a basic item of 10 the proceeding.
The Board has its own schedule problems 11 which we will have to sit and talk about tomorrow.
12 (Whereupon, at 2:25 p.m.,
the telephone O
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A CERTIFICATE OF OFFICIAL REPORTER k
This is to certify that the attached proceedings before the UNITED STATES NUCLEAR REGULATORY COMMISSION in the matter of:
NAME OF PROCEEDING:
INQUIRY INTO THREE MILE ISLAND UNIT 2 - LEAK RATE DATA FALSIFICATION DOCKET NO.:
LRP PLACE:
WASHINGTON, D.
C.
DATE:
TUESDAY,' JANUARY.20, 1987 were held as herein appears, and that this is the original transcript thereof for the file of the United States Nuclear Regulatory Commission.
1 (sigt) b qt 1 (TYPED) b WENDY S.
COX Official Reporter a^edrtEpR^kbH a n'
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