ML20212D665

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NRC Staff Second Supplemental Response to Gpu Nuclear Corp First Set of Interrogatories & Request for Production of Documents.* Unexecuted Affidavit of RA Meeks & Certificate of Svc Encl.Related Correspondence
ML20212D665
Person / Time
Site: Three Mile Island Constellation icon.png
Issue date: 12/15/1986
From: Matt Young, Matt Young
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:
GENERAL PUBLIC UTILITIES CORP.
References
CON-#187-2053 CIV-PEN, EA-84-137, NUDOCS 8701020139
Download: ML20212D665 (11)
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USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 86 DEC 19 P2 :38

- BEFORE TIIE ADMINISTRATIVE LAW JUDGBTfcE e - o

,. ...cr Tc ;, .,

c , ,t In the Matter of )~

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

) License No. DPR-73

.(Three Mile Island Nuclear Station, ) - EA 84-137 Unit No. 2) -)

i NRC STAFF SECOND SUPPLEMENTAL RESPONSE TO GPU NUCLEAR CORPORATION'S FIRST SET OF INTERRROGATORIES AND REQUEST 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 sup-plementary information promptly upon its becoming available, and to iden-tify or provide additional responsive documenM 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 CD"N's First Request for Production of Docu-ments. In response to discussions between the parties, additionel docu-ments were identified and/or provided under cover of letters dated October 28, 29, November 6 and 3,1986.

The Staff has again received further information from certain Com-mission offices, reviewed additional documents received therefrom, and hereby provides this supplemental response. Should further responsive 87010 PDR g y $ o hPDR 20 '

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4 information for documents come to the Staff's attention, additional supple-mentation will be made.

II. ~ NRC STAFF SUPPLEMENTAL RESPONSES ,

TO INTERROGATORIES

' INTERROGATORY NO.' 20

.(a)-(c) 1. Barton's and Arnold's reactions to Parks' public statements as recorded by Gischel notes of a March 23, 1983 meeting with the -TMI-2 Staff concerning~ Parics. (Meeks)

2. . Kanga's reactions to' Parks' reference to the " mystery man" in

. his public affidavit as recorded by Gischel notes of Ron Warren's report on a May 4,1983 Kanga/Barton staff meeting. (Meeks)

INTERROGATORY NO. 52 Documents (639 pages) received by R. Meeks, OI, from T. Devine, GAP.- July 25, 1983 note by Mecks acknowledging raceipt of the docu-ments was identified in letter of Staff counsel, dated October 28, 1986.

- (Meeks)- .

INTERROGATORY NO. 56 The following documents have been identified as responsive to 56(e):

-1. Parks draft statement for mystery man affidavit. (Meeks) ,

2. See response to Interrogatory No. 52 above. (Meeks)
3. Note dated September 12, 1983, to Ben Hayes from Victor Stello entitled " Meeting With Larry King And Joe Chwastyk." (Meeks)
  • The following documents have been identified as response to 56(f):
1. Memo to file, dated May 24, 1983, by William Ward entitled

" Analysis of Affidavit by Richard D. Parks." This document , which

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y  : reflects a. preliminary review of. the Parks affidavit of March 21,1983, is a deliberative, recommendatory document prepared in -the course of OI's

" ~ investigation of Parks' . allegations. . It is withheld pursuant to 10 C.F.R. 6 2.790(a)(5). (Meeks)

2. Draft memorandum (pending March 30, 1983) from James Vorse to -- Ben llayes entitled "Three Mile Island--Investigation of Allegations
Based ' on GAP Affidavit." This document, which describes a plan for

_ conducting an investigation of the subject matter, is a deliberative, re-commendatory -~ document prepared in the course of Ol's investigation of

Parks' allegations and contains information which would disclose OI's in-vestigative techniques. It ' is withheld pursuant to 10 C.F.R.

. I 2.790(a)(5) and (a)(7)(v). (Meeks)

3. Memorandum, dated March 31, 1983, to Palladino from Ben Hayes entitled "OI Wcrk Plan Regarding Issues Raised by the Richard Parks - Affidavit." This document is a deliberative /recommendetory docu-ment prepared in the course of OI's investigation of Parks' affidavit and contains information which would disclose OI's investigative techniques.

It is withheld pursuant to 10 C.F.R. I 2.790(a)(5) and (a)(7)(v).

(Meeks) d

. INTERROGATORY NO. 59

, 1. Letter dated April 18, 1983, from Michael J. Corcoran, DOL, to James Vorse, 01, enclosing complaint of Richard Parks, etc. (Meeks)

2. Letter dated April 26, 1983, from Michael J. Corcoran, DOL, to James Vorse, OI, enclosing supplemental complaint of Richard Parks.

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' 3. - [ POL' Notice .' of ^ Receipt of Request for Hearing concerning

' INTERROGATORY NO. 63

[The = following documents have been identified as responsive to 63(c):

1.- Handwritten inspector interview questions for Parks (undated).

This . document contains info: mation which would disclose investigative techniques . and is withheld pursuant to 10 C.F.R. $ 2.790(a)(7)(v).

(Meeks)

2. Handwritten draft entitled " Review of Affidavit submitted byle

- Richard . D. Parks (Long Version)" (undated). This document is a i deliberative / recommendatory document prepared in course of MRC's inves-tigation . It is withheld pursuant to 10 C.F.R. I 2.790(a)(5). (Meeks)

3. Two ' sets of inspector notes (one typed, one handwritten) de-

^? scribing' information obtained relating to safety allegations / polar crane

-issues- as well as planned further activities (undated). These documents are deliberative / recommendatory and are withheld pursuant to 10 C.F.R.

I 2.790(a)(5). (Meeks)

4. Memorandum dated May 25, 1983, from James Vorse to Ben Hayes entitled " Draft Report Regarding Inspector Findings," (the enclo-sure: two drafts of the report entitled "Results of the Investigation / Inspection and Procedural and Manageris) Deficiencies at TMI-2") . This document is deliberative / recommendatory end was prepared in the course of the investigation of the Polar Crane Program violations i

and onsite TMI-2 managerial organization. It is withheld pursuant to 10 C.F.R. I 2.790(a)(5). (Meeks)

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5.- Prior drafts (5) of portions of the report identified in 4 above with .the following titles:

Investigation of AIIeged Procedure Violations LAssociated with the' Reactor Building Polar Crane _ Refurbishment Program; A. Introduction (2 drafts); D. Violation of Maintenance Procedures Used During the Reactor Building Polar Crane Refurbishment (2 drafts); Re-view ' of -the Results of the Technical Examination of Alleged Procedural and- Manageric! Deficiencies at Three Mile Island Unit 2, dated August 16 1983. These documents are deliberative / recommendatory, were prepared in the course of the NRC's investigation -and are withheld pursuant to

-10 C.F.R. I 2.790(a)(5). (Meeks)

6. Memorandum dated October 26, 1984, from Harold Denton to Richard DeYoung entitled "OI Investigation of Polar Crane Allegations,"

enclosing October 18, 1984 memorandum from Ben Hayes to William Dircks entitled " Investigation of TMI-2 Polar Crane Allegations." These docu-ments transmit and describe OI's findings with respect to willfulness and related matters based on OI's investigation of the pelar crano allegations, for consideration by OIE. As a result , they are deliberative /

recommendatory and are withheld pursuant to 10 C.F.R. I 2.790(n)(5). .

(Meeks)

7. March 2, 1984 Memorandum from Ben Hayes to William Dircks entitled " Staff Actions Regarding OI--Report on TMI Cleanup Allegations" and enclosing February 24, 10F4 memorandum for Ben Hayes from R.Ds Walker and A.B. Beach entitled " Assessment of the Staff Review and Re-sponse to OI Report On TMI-2 Cleanup Allegation." Portions of these documents are deliberative /recomrendatory and are withheld pursuant to 10 C.F.R. 2.790(a)(5). (Meeks)

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l INTERROGETORY NO. 65 The follow'ng documents have been identified as responsive to Interrogatory 65(i f:

Memorandum, dated July' 11, 1983, from Fred Clemenson to Rog-

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er 1 Fortuna, entitled " Addendum No. 1 To Memorandum To Roger A.

Fortuna From Fred Clemenson, - Dated July 8,1983, Entitled ' Revisions To

' Fred Clemenson's Intitial Proposed Position On The Polar Crane Recovery Plan Quality Assursnee Requirements . And The Ressons For The Revi-sions. '" - This document is deliberative / recommendatory and is withheld

. pursuant to 10 C.F.R. I 2.790(a)(5). (Meeks)

2. Handwritten memorandum from J. Vorse to W. Ward entitled "TMI-2 Polar Crane Report." This document, which addresses the pro-posed report by Fred Clemenson, is deliberative / recommendatory and is withheld pursuant to 10 C.F.R. I 2.790(a)(5). (Meeks)
3. Memorandum from Ben IIayes, OI, to William Dircks, EDO, ' dated August 23, 1983 and entitled "TMI-2 Polar Crane Issues" (enclosing Memo from Fred Clemenson to Roger Fortuna, dated July 25, 1983 entitled "Fi-nal Draft of My Report . on Parks' Technical Allegations Regarding the TMI-2 Polar Crane" with report attached. These documents, which trans-mit and describe proposed findings concerning technical issues relating to Polar Crane allegations are deliberative / recommendatory and are withheld pursuant to 10 C.F.R. I 2.790(a)(5). (Meeks)
4. Memorandum from Fred Clemenson to Roger Fortuna , dated '

July 8, 1983, entitled " Revisions to Fred Clemenson's Initial Proposed Position on the Polar Crane Recovery Plan Quality Assurance Require-ments and the Reasons for the Revisions" with attachments a through f.

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y p This docunflent, which addresses polar crane technical /QA issues , is deliberative / recommendatory and is withheld pursuant to 10 C.F.R.

I 2.790(a)(5). (Meeks)

5. - Handwritten and typed drafts entitled " Summary of Three Mile

. Island Unit 2 Polar Crane Technical Concerns" (undated). These docu-ments, which appear to be drafts authored by F. Clemenson related to the documents described immediately above, are deliberative /

recommendatory and are withhsid pursuant to 10 C.F.R. I 2.790(a)(5).

(Meeks)

6. Handwritten markup by Fred Clemenson entitled " Technical Re-view of the Three Mile, Island Unit 2 Polar Crane Ist,ue" (undated). This document is deliberative / recommendatory and is withheld pursuant to 10 C.F.R. I 2.790(a)(5). (Meeks)
7. Two drafts entitled " Investigation of Three Mile Island Unit 2 Polar Crane Technical Concerns" (undated and " Final 5-26"). These doc-uments are deliberative /recommendetory and are withheld pursuant to 10 C.F.R. I 2.790(n)(5). (Meeks)
8. March 2,1984 memorandum from Ben B. Hayes to 171111am Dircks entitled 7'Steff Actions Regarding OI--Report on TMI Cleanup Allegations" with enclosuren. Same as document no. 7 listed under Interroga-tory 63(c). (Meeks) i INTERROGATORY 67 The following documents have been identified:
1. Handwritten draft entitled " Report of interview with B. Kanga on 04-29-83" (undated). This document contains inspector questions and ,

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z.; investigator's recordation of answers which would disclose investigative techniques and is withheld pursuant to 10 C.F.R. I 2.790(a)(7)(v).

2.- Handwritten draft entitled " Interview of Bahman K. Kanga" (fo-

' terview held. April 29. 1983). This document is a draft summary of inter-view _and contains information which would disclose investigative techniques. It is is withheld pursuant to 10 C.F.R. 5 2.790(a)(5) and 8 2.790(o)(7)(v). (Meeks)

7. Handwritten draft entitled " Interview of Mervyn K. Pastor" (in-terview held May 4,1983). This document is a draft summary of inter-view _and contains information which would disclose investigative techniques. It is _ withheld pursuant to 10 C.F.R. I 2.790(a)(5) and 5 2.790(a)(7)(v). (Meeks)
4. Handwritten draft entitled " Interview of Ronald L. Freemerman" (interview held on May 5,1983). This document is a draft summary of interview and contains information which would disclose investigative tech-niques. It is withheld pursuant to 10 C.F.R . I 2.790(a)(5) and ,

5 2.790(a)(7)(v). (Mecks)

5. Handwritten draft entitled " Interview of John J. Barton" (inter-

. view held May 11 and 12,1983). This document is a draft summary of interview and contains information which would disclose investigative tech-niques. It is withheld pursuant to 10 C.F.R. I 2.790(a)(5) and 5 2.790(a)(7)(v). (Meeks)

6. Handwritten draft entitled "Reinterview of Ronald L.

Froemerman" (interview held May 12, 1983). This document is a draft summary of interview and contains information which would disclose inves-i

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.m . tigative techniques. It fs - withheld pursuant to 10 C.F.R. I 2.790(a)(5) and 5 2.790(a)(7)(v). (Meeks)

-INTERROGATORY NO. 6P (a)-(e) 1. Barton a:nd Arnold made statements which were wit-nessed by- the attendees at the March 23,1983 TMI-2 Staff meeting con-cerning Parks. making public statements. Gischel notes of March 23, 1983 meeting with TMI-2 Staff on Parks going public. (Meeks) 2.- Kanga made statements which were witnessed by the attendees at the f. lay 4,,1984 Kanga/Barton Staff meeting. Glechel notes of Ron Warren's report on the May 4,1983 staff meeting. (Meeks)

III. SUPPLEMENTAL NRC STAFF RESPONSE TO GPU NUCLEAR CORPORATION'S FIRST REQUEST POR PRODUCTION OF DOCUMENTS ,

As indicated in the Staff's partial response to GPU Nuclear Corpora-tion'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 are being provided this date under separate cover, are otherwise available to GPUN, or are being withheld from disclosure on  ;

grounds identified in the Staff's supplemental answers.

j Respectfully submitted, g

Mit i . Young Counsel for NRC Staff

[ Dated at Dethesda, Maryland this 15th day of December,1986

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L ,e- UNITED STATES OF AMERICA y

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NUCLEAR REGULATORY COMMISSION BEFORE THE ADMINISTRATIVE LAW JUDGE

, ' In tho' Matter of )

) Docket No. 50-320

.y GPU NUCLEAR CORPORATION ) (Civil Penalty)

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

AFFIDAVIT OF RONALD A. MEEKS I, Ronald A. Meeks, being duly sworn, state as follows:

1. I am employed by the U.S. Nuclear Regulatory Comminnion an a Senior Investigator, Office of Investigations, Region V. Prior to April 1984, ~!. was employed as an Investigator at OI Headquarters. A copy of

. my professional qualifications is attached.

2. I am duly authorized to respond to those interrogatoriec served Saptember 4, 1984 by ~ GPU Nuclear Corporallon to which my name has been appended to the answer.

I hereby certify that the. statements and opinions given are true and correct to the best of my personal knowledge and belief.

Ronald A. Meeks Subscribed and sworn to before me this day of December,1986 Notary Public My commission expires:

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- UNITED STATES OF AMERICA ji NUCLEAR REGULATORY col llMISSION 1 BEFORE THE ADMINISTRATIVE LAW JUDGE E DEC 19 P2:38 CFF!D

- In the Matter of - ) $ *Ef

) Docket No. 50-320 GPU NUCLEAR CORPORATION ) (Civil Fenalty)

) License No. DPR-73 F

.(Three 14 tile Island Nuclear Station ) EA 84-137 Unit No. 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF SECOND SUPPLEPIENTAL RESPONSE TO GPU NUCLEAR CORPORATION'S FIRST SET OF INTERROGAiORIES AND RFO'19ST FOR PRODUCTION OF DOCUMENTS" in the' above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asteMak, by deposit in the Nuclear Regulatory Commission's internal mail system, this 15th day of December,1986:

  • Iran W. - Smith, Esq. Ernest L. Blake, Jr.

Administrative Law Judge Shaw, Pittman, Potts & Trowbridge Atomic Safety and Licensing Board 2300 N Street, NW U.S. Nuclear Regulatory Commission Washington, DC 20037 Washington, DC 20555

  • Atomic Safety and Licensing Steven L. Hock, Esq.

Appeal Board Thelen, Marrin, Johnson, Bridges U.S. Nuclear Regulatory Commission 2 Embarcadero Center Washington, DC 20555 San Francisco, CA 94111

  • Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, DC 20555 A - AW Mitzi Q. Noung / /

Counserfor NRC Staff

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