ML20211D681

NRC Fifth Supplemental Response to Gpu Nuclear Corp First Set of Interrogatories & Request for Production of Documents.* Affidavit of MT Masnik Encl.Related Correspondence

ML20211D681
Person / Time
Site:	Three Mile Island
Issue date:	02/19/1987
From:	Johnson G NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	GENERAL PUBLIC UTILITIES CORP.
Shared Package
ML20211D685	List: ML20211D681 ML20211D749
References
CON-#187-2561 CIV-PEN, EA-84-137, NUDOCS 8702240095
Download: ML20211D681 (11)

Text

. 2SG/

CELATED CORRESPoriO(hpg 2/19/87 i DOCKETED UW UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '87 FEB 20 P3 :42 REFORE TiiE ADMINISTRATIVE LAW JUDGE In the Matter of )

) Docket No. 50-320 CPU NUCLEAR CORPORATION ) (Civil Penalty)

) License No. DPR-73 (Three Mile Island Nuclear Ftation, ) EA 84-137 Unit No. 2) )

NRC STAFF FIFTH SUPPLEMENTAL RESPONSE TO GPU NUCLEAR CORPORATION'S FIRST SET OF INTERROGATORIES AND REOUEST FOR PRODUCTION OF DOCUMENTS I. INTRODUCTION On September 23, 1986, the NRC staff served "NRC Staff Response to GPU Nuclear Corporation's First Set of Interrogatories" and "NRC Staff Partial Response to GPUN's First Request for Production of Documents."

In that response, the Staff noted that it intended to provide certain supplementary information promptly upon its becoming available, and to identify or provide additional responsive documents as appropriate. On October 9, 1986, the Staff served "NRC Staff Supplemental Response to GPU Nuclear Corporation's First Set of Interrogatories and NRC Staff Supplemental Response to GPUN's First Request for Production of Documents. " In response to discussions between the parties, additional documents were identified and/or provided under cover of letters dated October 28, 29, November 6, 13, and December 15, 1986, and in "NRC Staff Second Supplemental Response to GPU Nuclear Corporation's First Set of Interrogatories And Request For Production Of Documents," also 8702240095 870219 PDR ADOCK 05000320 G PDR DESIGNATED ORIGIML atified P O - 0b'1

, i dated December 15, 1986. Further supplemental responses were provided

- on January 5 and January 9,1987.

The Staff has received further information from certain Commission offices, reviewed additional documents received therefrom, and hereby provides this supplemental response. Documents numbered 12, 13, 14, 17,18,19, 20, 21 and 22 are also responsive to the notice of deposition of Joel S. Wiebe. Should further responsive information or documents come to the Staff's attention , additional supplementation will be made.

II. NRC STAFF SUPPLEMENTAL RESPONSES TO INTERROGATORIES INTERROGATORY NO. 56(e)

1. April 2,1984 Memorandum to Ben Hayes, OI from Samuel Chilk, SECY, regarding guidance provided by the Commission to OI on the pending TMI investigation. (f4asnik)

2. January 20, 1984 Memorandum to the parties to TMI-1 Restart proceeding from Samuel Chilk, SECY regarding List of Integrity Issues in Bestart Proceeding. (Masnik)

3. April 26,1984 Memorandum to Chairman Palladino from William J.

i Dircks , EDO, regarding Staff Review of OI Reports Related to TMI-1 Restart. (Masnik) j INTERROGATORY 56(f)

1. January 4, 1984 Memorandum for Den Hayes, OI from R. Keith Christopher, OI, Region I regarding GPUN Employees Subject to Interview During ongoing OI investigations. (Masnik)

INTERROGATORY NO. 63(c)

1. May 31, 1984 Memorandum to Henry Myers from C. Kammerer, OCA, regarding Staff response to questions on TMI-2 cleanup allegations, Enclosure 5: Staff Responses with attachments. (Masnik)

2. February 16, 1984 Memorandum to C. Kammerer from Henry Myers regrarding Findings on THI-2 cleanup allegations with draft response to Myers questions. The draft response is deliberative / recommendatory and is withheld pursuant to 10 C.F.R.

S2.790(a)(5). (Masnik)

3. April 30, 1984 Memorandum to the Commission from William J.

Dircks , EDO regarding recommendation to the Commission concerning resolution of technical issues pertaining to polar crane allegations.

(Masnik)

4. August 2, 1984 Memorandum to Tom Rehm, EDO, from Mike Masnik, TMIPO , entitled , "OI Henry Myers' Responses - Additional Information" containing draft responses to Myers questions. These documents are draft predecisional documents and are withheld pursuant to 10 C.F.R. 5 2.790(a)(5). (Masnik)

5. August 1, 1984 Note to Tom Rehm from Mike Masnik enclosing draft of O! response to Henry Myers questions. These documents are predecisionn) in nature and are withhe'd pursuant to 10 C . F. R .

I 2.790(a)(5). (Masnik)

6. Draft August 1984 Memorandum from William J. Dircks, EDO, to Commissioner Asselstine entitled, "TMI-2 Investigations". This documents responds to Commissioner Asselstine's questions on the Staff assessment of polar crane violations noted in SECY 84-33. (Masnik)

0

7. October 4, 1983 note to J. Axelrad , IE from L. Barrett, TMIPO, transmitting Inspection P.eport 60-320/83-12 with report attached.

(Masnik)

8. Internal Control sheet dated March 2, 1984 for response to ,

Memorandum for William J. Dircks , EDO, from B. !! ayes, OI, with handwritten notations. Control sheet and notations contain handwritten comments and recommendations as to actions to take in response. This document is predecisions) in nature and is being withheld pursuant to 10 C.F.R. S 2.790(a)(5). (Masnik)

9. Undated draft of suggested assignments for TMIPO.

l (Plasnik)

10. File entitled, "Clemenson Information" containing the following:

a. May 31, 1983 draft Memorandum from Snyder, TMIPO to Ben ITayes, OI regarding clarification of potential safety problems with TMI-2 polar crane issues, with undated handwritten draft of memorandum.

b. August 23, 1983 Memorandum from Ben Hayes, OI to William J. Dircks , EDO, transmitting draft of Clemenson's report , and i

final draft of Clemenson report dated July 25, 1983. (Masnik)

11. Twenty-one numbered files of T. Poindexter with draft responses to numbered allegations reflecting initial review of allegations.

(Masnik)

12. Undated draft of suggested assignments and draft list of open issues from Parks Affidavit. (Masnik)

13. Punch list dated June 7, 1983 of issues raised by Parks, GIschel and I;ing (5 pages) with handwritten notations. (Masnik) i

14. July 11, 1983 page entitled, "Further Information for Ouestion 6 as Requested by B. Snyder. (Masnik) f

. . _ _ _ - __ ,~, ,, . . , . , - _ . _ _ . , _ _ . - _ _ _ _ . - - - . _ _ _ _ _ . - . , _ , , - - - . _ . _ - - - - - . _ _ , . . _ . , - , . _ _ _ - - _ _ _ - , - _ _ _ - - _ , , _ . _ - , . _ _ _ . - . - , _ _

. 15. May 20, 1983 Memorandum for B. Snyder from II. Barrett entitled, "TMIPO Activities" related to allegations made by Mr. Parks and Mr. King. (Masnik)

16. June 1, 1983 Memorandum for A. Fasano and P. Grant from L. Earrett regarding OI investigation of allegations with attached memorandum for L. Barrett from W. Ward, OI dated ??ay 26, 1983, regarding impact of OI investigation on site activities. (Masnik)

17. March 30, 1983 Memorandum for J. Vorse, OI, Region II from T. Poindexter, TMIPO entitled , " Documents Relative to Parks' Allegations", listing documents forwarded to Vorse, OI. (Masnik)

18. March 29, 1983 Memorandum for J. Vorse, OI, Pegion II from i T. Poindexter entitled, " Documents Relative to Parks' Allegations", listing documents forwarded to Vorse, OI. (Masnik)

19. April 5, 1983 Memorandum from B. Snyder, TMIPO, for J. Vorse, OI, Region II, regarding documents relative to Parks' allegations, listing additional documents forwarded to Vorse. (Masnik)

20. August 31, 1983 note to J. Axelrad, IE from L. Barrett, TMIPO, transmitting draft Motice of Violation on Polar Crane activities.

Draft notice is predecisional in nature and is being withheld pursuant to 10 C.F.R. I 2.790(a)(5). (Masnik)

21. April 15, 1983 Memorandum for J. Vorse, OI, from L. Barrett, TMIPO, entitled, " Chronology of TMIPO Site Actions P. elated to the Polar Crane Procedures" with attachments. (Masnik)

22. March 8, 1983 Systematic Assessment of Licensee Performance i

(SALP), Attachment i to March 29, 1983 Memorandum for B. Snyder from L. Barrett. (Masnik) l l

l l

1

23. November 2, 1984 letter to Henry Myers from C. Kammerer, OCA, transmitting Staff and OI responses to questions posed by June 4, 1983 memorandum to the Commission from Myers. (Masnik)

24. November 5, 1984 Memorandum for C.Kammerer, OCA, from William J. Dircks, EDO, regarding questions from Myers pertaining to TMI-2 cleanup and enclosince Staff responses to questions 2 and 4.

(Masnik)

25. May 17, 1985 Memorandum for C. Kammerer, OCA, from William J. Dircks, EDO, responding to request from Henry Myers for clarification of statement made by B. Snyder at a Commission meeting regarding two OI reports of September 1, 1983 and October 18, 1984.

(Masnik)

26. October 26, 1984 Memorandum from Harold Denton , NRR to Richard DeYoung, IE, transmitting OI report of investigation of TMI-2 polar crane allegations with attached report. (Masnik)

INTERROGATORY NOF. 63(b) AND 65(b)

The NPC staff further supplements its prior responses concerning conclusions of the NRC or its representatives as to the validity of Mr. Parks' safety concerns.

i l A. (Beach) The conclusions reached by the Office of Investigations concerning these concerns is contained in Item D-10 "Pesults of the Technical Examination of Alleged Procedural and Managerial Deficiencies at l

l Three Mile Island , tinit 2," of the September 1, 1983 OI Report of Investigation. The conclusions reached Item D-10 substantiate the safety concerns of Mr. Parks, as enumerated therein, Contributors to these l

l l

l l

1

conclusions were Messrs. Beach, Walker and Rogers, as previously identified, fir. Clemenson's recommendations relating to this review of polar crane concerns were not adopted, being referred to the NRC staff (MRR) for use, as appropriate, in its own review.

The following summarizes the conclusions reached in Item D-10, the appropriate references in the report, and the technical contributors:

1. Administrative Controls - violations of AP-1021, AP-1043, and AP-1047 (See I-2, II, A).

Authors: Roger Walker, Bill Beach, and Walt Rogers

2. Unauthorized Use of " Work Packages" and an unauthorized procedure in Violation of AP-1043 (Section II.B).

Authors: Roger Walker, Bill Beach, and Walt Rogers

3. Violation of Maintenance Procedure 1407-1 (Section II.C).

Authors: Roger Walker, Bill Deach, and Walt Rogers

, 4. Improper Safety Classification of Modifications in Violation of 10 C.F.R. 50, App. A, Criterion 56 (containment isolation)

(Section II.D).

Author: Walt Rogers

5. Manngement/C)A violations a) Qualifications of Management (Section III. A).

b) Organizational Structure (Section III.B),

c) Communications Ineffective (Section III.C).

d) Unconventional Regulatory Mode (Section III.D).

e) QA Pragram Compromised (Section III.E).

f) Inadequate Training (Section III.F).

g) Lack of Managerial Accountability (Section III.G).

Authors

Bill Beach and Walt Rogers B. (Masnik) SECY-84-36 dated January 25, 1984 was prepared by the staff of the Three Mile Island Cleanup Office (TMIPO) in response to the Office of Investigations (OI) interim report, entitled, "Three Mile Island Nuclear Generating Station, Unit 2 Allegations Regarding Safety-Related Modifications, Qualftv Assurance Procedures and Use of Polar Crane," dated September 1, 1983. SECY-84-36 provided a detailed technical review of the issues identiiled in Section D-10 of OI's September 1,1983 interim report. SECY-84-36 does not evaluate directly the allegations made by Mr. Parks and others but rather addresses only those issues that OI determined had some validity. SECY-84-36 does address the validity or invalidity of those issues raised by Mr. Parks and 1

The TMIPO staff considered significant by the OI technical reviewers.

. made no attempt to determine the origin of the issues in the 01 report or evaluate those allegations of f.fr. Parks that did not appear in the OI report.

The staff evaluation consisted of a reviaw of the OI findings, the staff's understanding of the basis for the OI finding, a staff evaluation of the issue and an evaluation of the safety slynificance of the issue.

Preparation of the document was a group effort within TMIPO.

However, certain individuals had specific areas of expertise. These are:

T. Poindexter -

Polar Crane Load Test , Technical Specifications and 4

General Design Criteria; J. Wiebe - GPU administrative procedures and quality assurance; P. Grant - use of work packages; L. Barrett - NRC l regulatory posture mode; M. Masnik - editing.

-~ ,- --._ - - - . . , . ~ . _ . - - .. . . . - - - - - _ _ _ _ - _ - - - - - _ . - - - - - ,

Safety significance was determined by caucus among TMIPO staff members.

INTERP.OGATORY NO. 72 The Staff hereby supplements its answer, dated September 23, 1986, as follows:

1

A. A. Bill Beach , Deputy Director, Enforcement Staff, Ofnce of Inspection and Enforcement. Mr. Beach will testify concerning the validity of the concerns raised by Richcrd Parks relating to failure by GPU Nuclear Corporation to follow Administrative Procedures, particularly AP 1043 and AP 1047 in review of Polar Crane Load Test Procedure and in connection with modifications and tests of importance to safety systems and components at Three Ptile Island Nuclear Station, Unit 2. Mr. Beach will also testify on the safety signincarco of the violation of such procedures identined in Motice of Violation EA 83-89, issued to GPU Huclear Corporation on February 3,1984.

f.Ir. Beach will testify that the procedural concerns raised by Mr. Parks were valid and led to identincation of more widespread procedural violations.

D. .Toel S. Wiebe , U.S. NRC Senior Resident Inspector at the Duane Arnold Energy Center, will testify concerning allegations made by Richard Parks to Mr. Wiebe in meetings between Mr. Parks and Pir. Wiebe on February 18, 1983 and March 10, 1983. Mr. Wiebe's testimony will support a finding that adverse actions taken against Pir. Parks between February 18, 1983 and Ptarch 24, 1983 were causally related to Mr. Parks' having engaged in protected activity under 10 C.F.R. I 50.7.

i

. ~ .

','j - 10 _

.: ,- f C. Richard Parks, former Startup and Test Engineer at TMI-2, will

' testify as to the safety concerns he raised in connection with the polar crane load test procedure and related matters, statements made to him by GPUN and Bechtel employees between January 1983 and March 1983 of an intimidating or harassing nature, and to the circumstances surrounding the adverse actions taken against him by employees of GPUN and Bechtel.

2 Mr. Parks' testimony will address whether he was discriminated i

against by GPUN for engaging in protected activities, in violation of 10 C.F.R. I 50.7.

D. The Staff intends to call as witnesses some or all of the following present or former employees of GPUN or Bechtel:

I

1. Robert Arnold

2. James Thiesing

3. Bahman Kanga

4. John Barton

5. Richard Gallagher i 6. Edwin Gischel

7. Joseph Chwastyk

8. Herbert Bruner

9. Charles Sandford

10. Lee IIoffman l 11. Walter (Bubba) Marshall

12. Mark Kobi 13 William Austin l

i

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14. David Buchanan

', 15. Edward Kitler

16. Charles Hansen

17. Thomas E. Morris

18. Ronald Warren These individuals are well known to GPUN, and the Staff has or -

f intends to have, deposed each such individual prior to hearing concerning the general subject matter of the testimony which the Staff would adduce from such witnesses.

III. SUPPLEMENTAL NRC STAFF RESPONSE

TO GPU NUCLEAR CORPORATION'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS As indicated in the Staff's partial response to GPU Nuclear Corporation's First Request for Production of Documents, the Staff has continued its search for responsive documents. In accordance with GPUN's request for identification of documents, the Staff has identified certain additional documents in its supplemental answers to GPUN's first interrogatories. Those documents will be provided under separate cover, are otherwise available to GPUN, or are being withheld from disclosure on grounds identified in the Stefes supplemental answers, For the NRC ~ Staff,

-g C rg6E. ohison Counsel for C Staff Dated at Bethesda, Maryland this 19th day of February,1987