ML20211A134
| ML20211A134 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 02/16/1987 |
| From: | Flynn C ISHAM, LINCOLN & BEALE |
| To: | |
| References | |
| CON-#187-2507 86-519-02-SP, 86-519-2-SP, LRP, NUDOCS 8702190097 | |
| Download: ML20211A134 (5) | |
Text
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UNITED STATES OF AMERICA hfr NUCLEAR REGUIATORY COMMISSION BEFORE THE PRESIDING BOARD
'87 FEB 17 P4 :42 C f f i;.
DOCuim > < IMf I
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OP!:a In the Matter of
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Docket.No. LRP INQUIRY INTO THREE MILE
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ASLBP No. 86-519-02 SP ISLAND UNIT 2 LEAK RATE
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REPLY FINDINGS OF FACT OF JOHN G. HERBEIN 1.
We reject the Aamodts' assertion that Herbein was aware of and covered up leak rate test data falsification and manipulation because it is completely contrary to the evidence.
The Aamodts speculate that all available information was forwarded to Herbein via his chain of command and the LER, and that high, identified leakage would have led manat,ement to suspect that there was difficulties with the leak rate test.
Neither speculation is supported by the evidence.
2.
There is no credible evidence that Herbein was made aware of the problems by his chain of command or the LER.
To the contrary, so little information was available to Herbein that it is unrealistic to expect that he could have even inferred that something was amiss with leak rate testing.
333 Tr.
1995 (Stier).
The managers reporting to Herbein had not been fully informed about leak rate test problems.
Miller ff. Tr. 5039 at 15-20; Exhibit I-A, Stier Vol. VI(G), 11/10/83 Interview of Lawrence Lawyer at 38, 42, 65, 66; Id., Stier Vol. II-B, John Herbein at 5-6.
There is no evidencs that they or the TMI review ggaq88M8788ho 3503 3
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committees informed IIerbein of leak rate test problems.
Exhibit I
I-A, Stier Vol. I at 134, 136.
The Aamodts place much reliance on a telephone call James Seelinger made to someone in Reading in conjunction with the LER event.
This reliance is misplaced.
That telephone call, which Seelinger speculated was made to either Lawyer, Troffer or Herbein, was made only to discuss Haverkamp's findings and the reportability of the event.
Tr.
4724-26 (Seelinger).
There is no evidence that the discussion ever touched on problems with the test, and it is clear that the LER did not reveal the true nature of the leak rate test situation.
Herbein, ff. Tr. 5268 at 12; Tr. 2162 (Haverkamp); Exhibit I-A, Stier Vol. II(B), John Had2 min at 9.
3.
Similarly, there is no factual basis for the Aamodts' speculation that management, "to a man," must have known about leak rate test problems during periods of high leakage.
The Aamodts have displayed a fundamental misunderstanding of the role of the leak rate test.
The test was designed to measure unidentified leakage.
The "significant" leakage referred to by the Aamodts was identified leakage, Tr. 1064 (Stier) and, therefore, would have given management no reason to suspect that there might be problems with a test for unidentified leakage.
4.
The evidence demonstrates that Herbein had no l
knowledge of leak rate testing problems or improprieties.
The only information about leak rate testing that rose to Herbein's level was in the LER, which, as we have previously discussed, inaccurately portrayed the situation.
Thus, Herbein had no
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information available to him from which he could have discovered the leak rate testing problems.
Respectfully submitted, John G. Herbein By 16ne of His Attorneys James B. Burns Christopher W. Flynn ISHAM, LINCOLN & BEALE Three First National Plaza Suite 5200 Chicago, IL 60602 Telephone:
(312) 558-7500 1
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q if UNITED STATES OF AMERICA 00CKE yr NE NUCLEAR REGULATORY COMMISSION
'87 FEB 17 P4 :42 I
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In the Matter of
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Docket No. LRP 50Mp4f4f i
INQUIRY INTO THREE MILE
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ISLAND UNIT 2 LEAK RATE
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CERTIFICATE OF SERVICE 1
I I hereby certify that I have served copies of the 1
J attached " Reply Findings of Fact of John G. Herbein" by Federal l
j Express, overnight delivery, or, in the cases marked by an asterisk, by Express Mail to the following persons this-16th day i
j of February, 1987:
y l
Docketing and Service Branch i
U. S. Nuclear Regulatory Commission j
Washington, D.C.
20555 i
i Administrative Judge James L. Kelly, Chairman i
Atomic Safety and Licensing Board Panel l;
U. S. Nuclear Regulatory Commission 1
4350 East West Highway
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East West Towers Building - 4th Floor Bethesda, MD 20814 i
Administrative Judge Glenn O. Bright Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission 4350 East West Highway l,
East West Towers Building - 4th Ficor Bethesda, MD 20814 l
Administrative Judge James H. Carpenter Atomic Safety and Licensing Board Panel j
U. S. Nuclear Regulatory Commission 4350 East West Highway l
East West Towers Building - 4th Floor l!
Bethesda, MD 20814 i
'1 1
i
'j Mary Wagner, Esq.
Office of the Executive Legal Director 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.
20336 Michael W. Maupin, Esq.
Hunton & Williams 707 East Main Street P. O. Box 1535 Richmond, VA 23212
- Ms. Marjorie M. Aamodt P. O. Box 652 Lake Placid, NY 12946 Harry H. Voight, Esq.
LeBoeuf, Lamb, Leiby & MacRae 1333 New Hampshire Ave., N.W.
Washington, D.C.
20036 Smith B. Gephart, Esq.
l Killiam & Gephart 216-218 Pine Street Box 886 Harrisburg, PA 17108 I g Christop pr W. Flynn February 16, 1987 l
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