ML20212R650
| ML20212R650 | |
| Person / Time | |
|---|---|
| Site: | Three Mile Island  |
| Issue date: | 01/27/1987 |
| From: | Doris Lewis GENERAL PUBLIC UTILITIES CORP., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#187-2316 CIV-PEN, EA-84-137, NUDOCS 8702030024 | |
| Download: ML20212R650 (31) | |
Text
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HEIATFD CORRESPONDENCQ
, DOCHETED uwc 27 Januagd7 J8 kh87P3 :04 UNITED STATES OF AMERICA gg ,
j NUCLEAR REGULATORY COMMISSION 00CR '- o; t
Before the Administrative Law Judoe In the Matter of )
GPU Nuclear Corporation ) Docket No. 50-320 c,V ped
) EA-84-137 (Three Mile Island Nuclear )
Station, Unit No. 2) )
GPU NUCLEAR CORPORATION'S THIRD REQUEST FOR PRODUCTION OF DOCUMENTS GPU Nuclear Corporation (GPUN) requests that the Nuclear Regulatory Commission Staff produce the documents described below. The term " document" means any handwritten, typed, printed, graphic, photographic, mechanically recorded, computer stored, filmed, or other verbal or pictorial matter of whatever character, however produced or reproduced, of any kind and de-scription. " Document" also means every copy of a document where such copy is not an identical duplicate of the original.
l l
l If the NRC Staff claims that any document responsive to this l
request is privileged or is otherwise being withheld, GPUN asks that the NRC Staff identify its title, its general subject mat-
! ter, its date, its author, recipients of any copies, the nature of the privilege or other reasons for withholding the document, and the specific facts upon which the claim of privilege or with-holding is based. In addition, if the NRC Staff claims a l
8702030024 870127 PDR ADOCK 05000320 7150 V
G PDR
document is privileged under 10' C.F.R. S 2.790(a)(7)(v) in that the document would disclose investigative techniques, GPUN asks that the NRC Staff state what investigative technique is involved and explain precisely how the NRC's ability to conduct investiga-tions would be impaired. Further, for any document for which privilege is asserted, GPUN asks that the NRC Staff identify all persons to whom the document has been distributed.
In accordance with the instructions above, produce the fol-lowing:
- 1) All documents received or pre-pared by the NRC, including employees of the Office of In-spector & Auditor (OIA) and the Office of Investigations (OI), in the course of the in-vestigation of the 1983 alle-gations of Lawrence P. King and Edwin H. Gischel concern-ing procedural and safety irio-lations and harassment at TMI-2.
- 2) All documents received or pre-pared by the OIA or other NRC employees in the course of any investigations of the activi-ties of Lawrence P. King, including but not limited to the investigation being con-ducted in July 1985 by Messrs.
Resner and Ward of OIA.
- 3) All documents reflecting or relating to the investigation of the King allegations by the Department of Labor (DOL),
including the DOL Report with all attachments, exhibits and supporting documents; witness
stateme'nts; and notes of in-terviews.
- 4) All documents reflecting or relating to any analysis, re-view or evaluation by the NRC of the King DOL Report, or of Mr. King's conduct while em-ployed by GPUN.
- 5) All transcripts of Commission meetings discussing the alle-gations of Messrs. Parks, King or Gischel.
- 6) The complete transcript of the Commission meeting held starting at 10:08 a.m. on May 23, 1984.
- 7) All documents reflecting or relating to any analysis, re-view or evaluation by the NRC of the DOL Report on Mr.
Parks, including all documents considered in the NRC's "re-view of this (Parks'] matter" referred to in NUREG-0680,
.Supp. 5, p. 10-18.
- 8) All documents reflecting or relating to any evaluation, analysis o~r consideration by the NRC of Mr. Parks' " mystery
- man" allegations, including l
Parks' claims expressed in his meeting with NRR on November 22, 1983, and including all documents relating to the "on-going" OI investigation of l the " mystery man" issue re-( ferred to in Ben R. Hayes' l memorandum to Harold R. Denton of October 28, 1983.
- 9) All documents reflecting or relating to any evaluation, analysis or consideration of Mr. Thomas A. Devine's Sept.
l 17, 1984 " Rebuttal of NRC
! staff conclusions on
ret'aliation during the Three Mile Island-2 cleanup," (pro-duced in the NRC Staff's January 5, 1987 Third Supple-mental Response to GPU Nuclear's First Documents Re-quest), including any response to Mr. Devine.
- 10) The " reports" prepared by the
" technical team composed of members of the EDO staff" on the Parks and Gischel allega-tions, and any reports or documents reflecting or relating to the OPE " analysis and review" of those reports,
' referred to by Ben R. Hayes in his remarks to the Commission-ers at the Commission meeting of June 6, 1983, p. 26 (copy attached).
- 11) The following memoranda iden-tified in exhibit D-10 to the Sept. 1, 1983 OI Report: (a)
Memorandum fr. H. Denton to B.
Hayes (July 18, 1983); (b)
Memorandum fr. B. Hayes to H.
Denton (May 11, 1983); (c)
Memorandum fr. H. Denton to B.
I Hayes (June 8, 1983) with en-l- closures; and (d) Memorandum fr. B. Hayes to H. Denton (June 23, 1983).
i
- 12) All notes taken by Joel Wiebe or any other person, and all other documents not previously produced, that record, dis-cuss, memorialize or refer to the interviews of any witness-es including Lawrence King, Edwin Gischel, Charles Hansen, James Thiesing, and Ed Kitler conducted by TMIPO in February or March, 1983.
- 13) All documents, other than those already produced, gathered, compiled, submitted 1
i
6
' to, received by, or authored by the Compliance Officer in the DOL investigation of Parks' claims of harassment.
- 14) All documents concerning Parks' involvement with Quiltec.
- 15) All documents reflecting or relating to any evaluation, analysis, or consideration of the Stier Report and Bechtel Report (as defined in Re-sponses of GPU Nuclear Corpo-ration to NRC Staff's First Set of Interrogatories (Oct.
28, 1986) at 1).
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE s . O David R. Lewis Counsel for GPU Nuclear Corporation Dated: January 27, 1987 t
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'87 JAN 28 P3 :05 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSIQ)lf m ., . ,.
BOCnlia. , ; r ;iu' Before the Administrative Law Judge'2 Ak "
In the Mctter of )
)
GPU Nuclear Corporation ) Docket No. 50-320
) License No. DPR-73
) EA-84-137 (Three Mile Island Nuclear )
Station, Unit No. 2) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing "GPU Nuclear Corporation's Third Request for Production of Documents" were served by deposit in the United States Mail, First Class, postage prepaid, this 27th day of January, 1987, to the following persons:
Ivan Smith, Esquire Administrative Law Judge Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Docketing and Service Branch Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 George E. Johnson, Esquire Office of the General Counsel 9604 MNBB U.S. Nuclear Regulatory Commission Washington, D.C. 20555 ,/
s David R. Lewis Dated: January 27, 1987
6 *
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UNITED STATES OF AMERICA
=' NUCLEAR REGULATORY COMMISSION In thematter of:
COMMISSION MEETING Docket No.
DISCUSSION OF PENDING INVESTIGATIONS EXEMPTIONS 5 & 7 l CLOSED SESSION Location: Washington, D.C. Pages: 1 - 49
{
Date: Monday, June 6,1983
( TAYLOE ASSOCIATES coun n.p.nm 1625 I Smet. N.W. Suns 1004 W=ah=ca= D.C. ll0006 0 02) 293-3930
1 any clue as to which way it came out. It implied tnat they 2 said two hours, and if 1t oldn't take two hours, they 3 still marked two hours.
4 MR. HAYES: Anything else on the training 5 allegation at this time?
6 CHAIRMAN PALLADINO: Now that is the one that 7 referred to the Board notificat1on.
9 MR. HAYES: Yes, sir, 33-71.
9 CHAIRMAN PALLADINO: Okay.
10 M R,. . ,H A Y E S : ,The,nent.investisation involves our ,
11 progress on Mrc Parks' and Mr. Gischel's allegations 12 concerning alleagations involving technical concerns, a 13 mystery mani if you will, and intimidation and harassment.
14 I have broken it into those tnree nameo categories.
15 The technical team composed of members of'the 16 EDO staff has basically concluded its review and in fact 17 has written their reports. I have asked OFE to provide l
18 technical and managerial overview on those reports and 19 Jack has been gracious enough to ask a member of his staff 20 to work with OI and do that analysis and review. That is 21 currently in progress.
l 1
22 CHAIRMAN PALLADINO: What did the staff report
(
l 23 on, the technical adequacy of work that was contained in l
24 the Parks /Gishel allegation?
I 25 l
(
TAYLCE ASSOCIATES
! 1625 I Street, N.W. - Suite 1004 Washington, D.C. 20006 (202) 293-3950
y 27 1 MR. HAYES: We broke down as best we coulc 2 those aff1 davits and pealed away tne tecnntcal concerns 3 and askee our tecnnical support unit to address tnose.
4 COMMISSIONER AHEARNE: By tecnnical concerns you 5 mean, for example, was the polar crane qualified?
6 MR. HAYES: No. We stopped short of saying yes 7 or no. What we have attempted to do is to analy:e tne 8 allestion of violations of safety procedures, GPU 9 procedures, NRC requirements or what-have you, and have
- 10 taken it from this. step .to.what we saw and documented,as , ,
- 11 what happened and'then addressed'it in terms
~
to actuall 12 of what should have happened if in fact the management 13 chain had been used the way it was designed to be used at 14 least on paper.
15 I can't be too informative nere. I have asked 16 Harold Denton to provice for me tne guidelines, it you I
l 17 will, as to what TMI-2 is in terms of 1s it a licensed 18 plant or isn't it and, if it is, what criteria should we f
19 use and what authorities were given to the TMI recovery 20 team up there to deviate or provide assistance to GPU.
21 In other words, we can't say sometning 1s amiss 22 until we see what criteria we are measuring that against.
23 We are currently awaiting that particular memorandum from 24 Harold.
25 CHAIRMAN PALLADINO: But you are not speaking to TAYLOE ASSOCIATES 1625 I Street, N.W. - Suite 1004 Washington, D.C. 20006 (202) 293-3950
23 1 whether or not the polar crane is adquate, but were the 2 procedures that are outlined, were they followed?
3 MR. HAYES: That is correct. If you will 4 remember. Mr. Pa r ks wa s e::t r eme l y concernec aoout being 5 cut out of those procedures. In many instances in its 6 affidavit he attempts to say we are violating good 7 engineering standards by not following the precise steps 8 that should be taken.
9 COMMISSIONER AHEARNE: But then do I gather that 10 this investigation is not, going to have as a.part of it ,an 11 NRC judgment as to the adequacy of the polar crane?-
i I 12 MR. HAYES: I would think not. What I hope to do 13 is lay out some areas. In fact, on the polar crane matter
. 14 there are about 10 or 12 areas that Free has inoicatec 15 that we ought to take a look at.
16 CHAIRMAN PALLADINO: That wne has indicated?
17 MR. HAYES: Our polar crane fellow that is i
! 19 participating with us on the OI team?
l l 19 CHAIRMAN PALLADINO: Who is that?
20 MR. HAYES: Fred Clemmons. Now he has looked at l
21 it and he has a very thick report whicn 15 still in the I
j 22 rough draft stage and it is still being reviewed by CPE.
I 23 So I can't really speak for Fred nor do I want to suggest l 24 I am going to provide something then I may not cown the 25 road.
l l TAYLOE ASSOCIATES l 1625 I Street, N.W. - Suite 1004 Washington, D.C. 20006 (202) 293-3950
29 1 COMMISSIONER AHEARNE: I am not sure to whom 2 this question should be addressed. Sill is probacy tne 3 best one. Is there then any procedure for rechecking the 4 adequacy of the polar crane, or is that in the normal flRR 5 approval process with the TMI Program Office?
6 MR. DIRCKS: That is in the normal flRR approval 7 process. The strange quirk is that I think the technical 8 capability resides with Clemmons.
9 (Laughter.)
10 COMMISSI.ONER AHEARNE: I.see. So yod technical, ..,. ,
11 competence"to do the revi~ew is with OI which is not going 12 to do a judgment of the technical ---
13 MR. OIRCKS: I am sure we will have to find le somebody to do it. There is not much of a demand for polar 15 crane specialists and we only have essentially one.
16 (Laughter.)
17 CHAIRMAN PALLADINO: But then I thought you nad 18 said the staff has written reports on technical matters.
19 Now what sort of report did the staff write? Am I correct 20 in note?
21 MR. HAYES: The staff means the OI partic1pating 22 people, OI. I am sorry.
23 CHAIRMAN PALLADINO: Oh, OI staff.
24 MR. HAYES: Little (s), OI staff.
25 CHAIRMAN PALLAOINO: I see.
TAYLOE ASSOCIATES 1625 I Street, N.W. - Suite 1004 Washington, D.C. 20006 (202) 293-3950-
3 1 MR. HAYES: What I tried to do was break this 2 thing down into two areas. The Office of Invest 1gation can 3 deal with the intimidation and harassment aspect. But we 4 brought it technical people to assist us in looking at 5 whether or not the procedures were followed, at wnether or 6 not appropriate engineering practices were followed and 7 whether or not safety standards were followed and, if not.
8 what actually happened.
9 I want to stop short of telling Bill Dircks 10 ,that, look, your polar crane 15 good or your polar crane
- s. ,
11 is bad. I am not sure*that we have that expertise. There 12 are many other things that have to be resolved.
13 COMMISSIONER AHEARNE: What Joe said is if you 14 happen to have it.
15 (Laughter.)
16 CHAIRMAN PALLAOINO: But normally you would make 17 that determination, would you not, Bill?
19 MR. DIRCKS: That would normally be done within 4
19 the staff, right.
20 COMMISSIONER AHEARNE: And as soon as Fred gets 21 back you can do it.
22 (Laughter.)
23 MR. DENTON: Actually we have retained an 2' outside consultant to assist in review of this area, but 25 we are holding any final views until the results of tne TAYL0E ASSOCIATES 1625 I Street, N.W. - Suite 1004 Washington, D.C. 20006 (202) 290-3958
31 1 investigation are complete.
2 CHAIRMAN PALLADINO: I don't whether I am going 3 to be legal or not, but I will try to be legal by first 4 asking Sen. You implied that pernaps the staff may have 5 given authority to the TMI-2 NRC office, authority to 6 waive or dismiss with certain procedures, and you said you 7 were waiting for a memo from NRR to say that.
8 But aside from waiting for the memo, did you 9 set any indication from them as to whether or not they 10 had.given that off1ce author.ity to waive certain 11 procedures?
12 MR. HAYES: Well, there were various amendments.
13 I think there are maybe eight amendments, and you might 14 help me here, Harold, eight or ten a m e n'd m e n t s to the 15 original license exempting GPU from something. Technically 16 I just can't answer that.
17 CHAIRMAN PALLADINO: Well, Harold has some 18 answers for you.
19 MR. DENTON: We will have a response to Bill's 20 question in the next day or two. You may recall that the 21 Commission issued a new license in 1930 which was intended 22 to take the Commission's regulations and apply them to a 23 plant that had had an accident. So w1th the Commission's 24 approval, I issued a new license for that plant in 1930.
25 Since that time we have issued a number of e::emp t i o n s or TAYL0E ASSOCIATES 1625 I Street, N.W. - Suite 1004 Washington, D.C. 20006 (292) 293-3950
32 1 orders that subsequently modified it.
2 What Ben wants is a list of the actual 3 regulatory conditions that currently apply to that plant 4 and they are not the same as to what appl 1ed to a plant in 5 normal operation. Then from that he can judge whether or 6 not the conditions are being met I presume.
7 MR. HAYES: Whether or not the procedures are 8 being followed and what-have you.
9 CHAIRMAN PALLADINO: But you are 1mplying that 10 perhaps some of these procedures that Parks found not 11 consistent with what he believed'was right, that some of 12 these might have been allowed by the amendments. Is that a 13 possibility?
14 MR. HAYES: That is a possibility. That would be 15 nice to see if it in fact it is there.
16 CHAIRMAN PALLADINO: Well, I am not saying that 17 is what it ought to be. I am just asking is tnat the l
18 possibility you are exploring?
i 19 MR. HAYES: What I am trying to do is determine l
j 20 as best we can the criteria of the operating conditions of 21 that plant, the licensing conditions so that we can use i
22 that as the standard to determine whether or not l 23 procedures were or were not violated and by whom and i
24 what-have you.
25 I also may nave to make some. adjustments after TAYLCE ASSOCIATES 1625 I Street, N.W. - Suite 1004 Washington, D.C. 20906 l (282) 293-3950
33 1 the technical review is completed. Jack's person, 2 Gene Gallagher, nas been with us about two or three days 3 is all, and the rough draft of tnat report is about three 4 and a half to four inches thick. He is now going over 5 that, and he expressed to me this morning some concerns
> 6 about some of the conclusions or what-have-you that have 7 been drawn already. So after his in-depth review we may 8 have to go back up on the site to resolve some of these 9 issues.
10 I had, I believe, given to the Commission an i ' '
,. . . . '. .,- ., .t ..,
11 estimated completion date of first June 6th and then June 12 20th. From CI's standpoint we are basically done, but the 13 technical thing may hold us up until July sometime. I 14 dont want to speculate. I think it is important that t h i s' 15 report be as well founded as we can possibly make it. So I 16 don't want to rush Gene nor my technical people.
i 17 CHAIRMAN PALLADINO: Now the techn1 cal 18 investigation has determined what procedures were 19 followed, where there were deviations or where there were 20 things that needed checking out.
21 MR. HAYES: Yes, along the lines of Parks' l
22 allegations that procedures were not followed, that he was 23 cut out or they were cut out or what-have you.
24 Now I was in hopes of getting out the technical 25 section as quickly as,possible when compareo to "the TAYL0E ASSOCIATES 1625 I Street, N.W. - Suite 1004 Washington, D.C. 20006 (20C) 293-3950
34 1 mystery man." To be very candid w1th you, I don't know 2 what we are going to do there yet. The 3 intimidation / harassment thing of course is right down our 4 alley. Once we have resolved the technical portion of the 5 report and issued that to you, then the 6 intimidation / harassment thing should come along fairly 7 rapidly.
9 CHAIRMAN PALLADINO: What are you going to do 9 next aside from the ---
10 MR. HAYES: The i n t.1 m i d a t i o n / h a r a s s e me n t
. < \ -
11 allegations will be addressed as soon as we close out the 12 technical report.
13 COMMISSIONER AHEARNE: Oo they necessarily have l
14 to be done sequentially or is that a resource pro'blem?
15 MR. HAYES: It boils down a resource problem. I 16 just don't have the staff to do it all.
17 COMMISSIONER AHEARNE: Yes.
19 CHAIRMAN PALLA0!NO: I am trying to see what 19 options we might have to add to it. I guess it is the 20 Bevill Committee that has us constrained.
l 21 MR. HAYES: On the mystery man issue, I don't 22 know what we are going to do there, gentlemen. What I am l
23 going to suggest to my staff is to gather up voluminous 24 documents that exist already on this area ano take a l
25 look/see at it and try to map out some systematic appresen l
TAYLCE ASSOCIATES 1625 I Street, N.W. - Suite 1004 l Washington, D.C. 20006 (202) 293-3950
gg ___
1 to try to once and for all try to put this issue to bed.
2 Right now I can't tell you that we will or we won't, but I 3 may come cack to the Comm15sion and say we have looked at 4 ".X " numoer of documents and we can 30 out and attempt to 5 resolve it, but it is going to take "X" amount of 6 resources and is it really something that we want to 7 resolve and it is cost-beneficial and what-have you. So I S may come back to you on that issue.
9 CHAIRMAN PALLADINC: The e:ti s t ence o f a mystery 10 man is I believe at least in part based on the presumption ,
. , .i , :, , . . , *, .
lb 11 that one can interpret these up and down curves on tank 12 level versus time.
- 13 Looking at those I asked the people that are 14 trying to ' interpret the downwar'd ~ slope"and'say this one~is 15 different from that one and therefore this one must have 16 been taking water down faster and therefore they must have 17 opened an injection system, but I asked the question but 18 the curves also go up. They said they are going up because 19 they are adding water.
20 well, if you are adding water and you are 21 taking away water, how do you know whether the enange in 22 slope is not due to the fact that you are adding at the 23 same time you are taking away or not adding at the same l
24 time you are taking away?
25 The answers I got from the people I was asking TAYLCE ASSOCIATES 1625 I Street, N.W. - Suite 1004 Washington, D.C. 20006 (2GC) 293-3950 L-- _ , - - -. _
36 1 leave me cold. Apparently people are trying to draw 2 1mplications from changes in slope tnat is resulting from 3 not only taking away water and putting it into tne 4 Injection system but also adding water and they which was 5 going on as far as I can tell. Maybe the staff has a 6 little more background on that.
7 MR. OENTON: I think the ma1n genesis is the 8 fact that GPU had in their sequence up until the time of 9 the lawsuit the fact that the pumps were turned on at 10 about 5:41 and the operators testified to that in many .
. .e 11 forums and then changed their view at about the time of 12 the lawsuit. It was even In one of the early drafts of the 13 NRC sequence and you can find many references where the is operators sa1d they did turn them back on. But now the 15 same people say they aren't sure, i 16 CHAIRMAN PALLADINO: But there have been l
17 attempts to draw conclusions based on the slopes of those
[
18 curves, and the one I was referring to was tne.one that 19 Fraley's people put together. I don't see how anybody in 20 God's green earth could ever draw a conclusion from that.
21 MR. OENTON: That is also the one where the 22 Commission has been asked I guess by Congressman Udall to 23 obtain the B&W views on the same topic, and Mr. Meyers has 24 asked me now and then what does the Comm1ssion intend to f 25 do w1th that.
TAYLCE ASSOCIATES 1625 I Street, N.W. - Suite 1004 l
Washington, D.C. 20006 (202) 293-3950
~. . _ _ _
37 1 CHAIRMAN PALLADINO: GPU sot its fee 1ing from 2 what people told them, out not from these curvesi is that 3 right?
4 COMMISSIONER ASSELSTINE: GPU used the EDS 5 nuclear analysis, as I recall i in the trial to try and 6 support their new version.
7 COMMISSIONER AHEARNE: Wasn't it, Harold, that I 8 back in the first few days in the original writeup of the 9 GPU's sequence they put that in?
10 MR. DENTON: That is correct. It has been in.the 11 GPU sequence since the first day or few days after the 4
12 accident, right up to the time of the lawsuit in which the 13 EDS analysis came out and the operators suddenly began to
~ '
14 back off from their'or'iginal views.
15 CHAIRMAN PALLADINO: But does EDS try to drsw 16 conclusions from the slopes of those curves?
17 MR. DENTON: Yes, they do.
I 18 CHAIRMAN PALLADINO: Do they have knowledge 19 about what is being added?
l 20 MR. DENTON: I haven't seen the EDS report. That r
21 is part of this voluminous record. I think the EDS report 22 concluded that the pumps had not been turned on.
23 CHAIRMAN PALLADINO: Well, what I was interested 24 in is can you draw that from looking at that kind ef data?
25 MR. DENTON: I don't know. We have not e :: a m i n e d l
TAYLOE ASSOCIATES 1625 I Street, N.W. - Suite 1004 Washington, D.C. 20006 (202) 293-3950
38 1 it in NRR.
2 CCMMISSIONER AHEARNE: As you sayi up your 3 alley, Ben, would be the question of trying to figure out 4 who to ask what?
5 MR. HAYES: Well, certainly right off the cuff.
6 we would not :ero in on the technical graphs and 7 what-have you. We are a people type of thing. We would 8 identify who was in the control room at the time and who 9 is responsible for this and that and zero in on their 10 previous testimony durin2 the various mission s t u d.i.e s i ,t h e 4
11 GPU, et cetera, and analy:e testimony as opposed to 12 technical data and then try to factor in what questions we 13 should ask or shouldn't ask or where should we go.
14 'That is the ap'proach th'at OI would use to at 15 least try to get a handle on what to do and who to do it Ib to.
17 CHAIRMAN PALLADINO: Ben, I gather Parks said 19 some words.about the mystery man and everybody knows he is 19 a mystory man. Are you planning to interview or have you l
20 interviewed Parks?
21 MR. HAYES: We have interviewed Parks 22 e:: t e n s i v e l y in the offices of OI one day for over ten 23 hours2.662037e-4 days <br />0.00639 hours <br />3.80291e-5 weeks <br />8.7515e-6 months <br /> and followed up subsequent to that with additional 24 interviews.
25 CHAIRMAN PALLADINO: Did he mention people wno TAYL0E ASSOCIATES 1625 I Street, N.W. - Suite 1004 Washington, D.C. 20006 (292) 293-3950
39_.
1 would know or who have said this fellow is ---
2 COMMISSIONER AHEARNE: We have had e:t t e n s i v e 3 investigation. Were you talking about the mystery man'or 4 was that on the ---
5 MR. HAfES: We interviewed Psrks himself.
6 CHAIRMAN PALLADINO: But I meant on the mystery 7 man issue did Parks say everybody knew ---
8 MR. HAYES: Everybody knew it was George Kunder.
9 CHAIRMAN PALLADINO: Can you give me a few 10 e::a mp l e s of other people who think it is George Kunder?
' ~
11 M R .' H A Y E S': I can't'rememberi Mr. Cit a t r m'a'n . 't 12 would have to go back and look at the ---
13 CHAIRMAN PALLADINO: But do you plan to pursue 14 that, at least t'o' talk't~o a variety'of people?
i 15 MR. DENTON: This was covered in the trial to 16 the extent that the trial went on. The judge did examine 17 Iiewee and others as to what their personal knowledge was 18 of this at the time. So there is extensive testimony.
19 I think the reason some people find it 20 interesting is that it would have been GPU's interest to
' 21 not have been found turning them on and turning them off 22 again in a lawsuit against B&W.
23 COMMISSIONER AHEARNE: It might be in the NRC's l
24 Interest also to have them found turning them on and off.
25 MR. OENTON: That is right, and I understand l
l l
TAYLCE ASSOCIATES 1625 I Street, N.W. - Suite 1904 Washington, D.C. 20006 (292) 293-3950
40 I 1 there is in this amount of paper somewhere, there is even 2 an early sequence where George Kunder has written in a i 3 sequence. So there is an awful lot of paper e:: i s t i n g on 4 this particular topic and I don't know that we can 5 technically add anything to it other than what nas already i
6 been discussed.
7 CHAIRMAN PALLA0!NO: Well, I am not sure whether 8 it is good or bad regardless of which finding because if 9 they should have turned them on and they didn't, I think 10 that is as bad as, turning,them on and then shutting.them *
.r n. .
11 off. Either way, I don't see how GPU can gain a benefit 12 from that, but I don't know.
13 -
So you are going to feel your way and identify 14 people ---
- 15 MR. HAYES
- On that one, I guess so until we 16 finally get there.
17 CHAIRMAN PALLADINO: One of the problems is if 18 there ever was a mystery man. Have you talked to Kunder 19 himself?
20 MR. HAYES: Not on this issue, no.
21 CHAIRMAN PALLADINO: Do you plan to?
22 MR. HAYES: Well, like I say, when we set there 23 and we have looked at everything, which will take some 24 time, then we will have to lay out an investigative game 25 plan here.
i l
4 TAYLOE ASSOCIATES 1625 I Street, N.W. - Suite 1004 Washington, D.C. 20006 (202) 293-3950
4) 1 CCMMISSIONER AHEARNE: My last question on that 2 issue is wnen you talked to Parks 10 this ten hours, did 3 you also cover this particular 1ssue or was it solely on 4 the polar crane?
5 MR. HAYES: I can't answer that. I woulc have to 6 look at the memorandums that we prepared after that 7 interview. But I do know the ten hours went into just a S litany of areas.
9 Mr. Parks is very astute. He is a very sharp 10 Individual and certainly i m p r e ,s s e d my staff with cnan2e
, . ,...,.s.
+
11 order numbers and who was there. I mean he had it all 12 down with no notes in front of him. He went into other 13 areas that were not addressed in his affidavit.
~
14 In fact, in my opinion, if we went to him again 15 today, he could give us other areas to look into. I think 16 the polar crane is strictly in his view the symptom of a 17 greater illness at TMI-2, and that was his point. The 18 polar crane in and of itself is not the issue. It goes 19 much deeper than that, and he used the polar crane as an 20 example of the problem and that is basically the straw 21 that broke the camel's back, if you will, as far as he is 22 concerned.
23 CHAIRMAN PALLADINO: Did he give you any other 24 examples in addition to the polar crane?
25 MR. HAYES: Yes, he did.
TAYLCE ASSOCIATES 1625 I Street, N.W. - Suite 1004 Washington, D.C. 20006 (202) 293-3950
. 1 1 CHAIRMAN PALLADINO: He was apparently cut out 2 of some procedure, or ne says he was. )
3 MR. HAYES: Yes, he did.
4 CHAIRMAN PALLADINO: Was he also cut out of 5 other procedures?
6 MR. HAYES: He was cut out of other procedures.
7 Things were going on in his view new, and this is his 8 view, if I may, that it should have gone through Safety 9 Review Boards and there should have been engineering i
10 s t u d t,e s , and what-have you, that were not done, and ne
. . -q . .~$. ,
. .11 felt _ as though they should have been done.
12 He was basically concerned because the Sechtel 13 Corporation had taken over the containment room in almost 14 toto, and yet he was responsible for everything thst went 15 on there from tne safety standpoint, but he nad n o,t' s a y in 16 it.
17 CHAIRMAN PALLADINO: When he is speaking that 18 this is symptomatic of.a problem or whatever he says, did 19 he limit his comments to TMI-2 or did he give other 20 implications?
21 MR. HAYES: To my knowledge, TMI-2. I am unaware 22 of anything Mr. Parks or Mr. Gishel told us tnut reflects 23 on TMI-1.
24 COMMISSIONER AHEARNE: Are you saying that their 25 comments never got to the management chain that is the TAYLCE ASSOCIATES 1625 I Street, N.W. - Suite 1004 Washington, D.C. 20006 (202) 293-3950
43 1 umbrella organi ation?
2 MR. HAYES: The logical extension is if, and 3 this is some of my opinion, if there has been some 4 wrongdoing on the part of TMI management at 2. the 5 question then'is who above TMI-2 was aware of it and 6 allowed it to go on and wnat-have you. That is al+=ys 7 there and there is always that potential implication, if 9 you will.
~
9 He gave us no details of sometning at the plant 10 site at 1.
. . ..?. ..;. ,,
- ~........
11 COMMISSIONER AHEARNE: Yesi ! understand.
12 MR. HAYES: Any other questions on the 13 Parks /Gisnel matter?
14 (No response.)
15 MR. HAYES: I will then go on to the Hartman 16 allegation, the falsification of leak rate tests. I will 17 be very quick about that.
19 (Laughter.)
19 MR. HAYES: We have just been recently enarged 20 by the Commission to look into this matter and as of 21 Friday we got custody and control of the previous NRC 22 investigation. I have not seen the records and my staff 23 started to look at the records this week, today.
24 CHAIRMAN PALLADINO: When you say records, :nese i
25 are NRC records?
TAYL0E ASSOCIATES 1625 I Street, N.W. - Suite 1004 Washington, D.C. 20006 (202) 293-3950
s 1 MR. HAYES: That is correct.
'2 CHAIRMAN PALLADINO: Where did you get them 3 from, the region?
4 MR. HAYES: Region I. They were in the custody 5 and control of Mr. Martin. So I am at a loss to even 6 suggest to you what we are scing to do and how long it is 7 going to take us. I don't know. It will take a few weeks S to decide what we have and then lay out again an 9 investigative plan.
10 I am concerned about one thing and I am trying
, . . c. . , ,. .
. . y .a a.,. ,, ;
11 to track it down. I belive the Commission asked Mr. Martin 12 during the hearing where Mr. Martin testified to send 13 copies of everything to the Commission, and I don't if 14 others are receiving copies. I am trying to tie down who 15 is going to get copies of what.
16 COMMISSIONER AHEARNE: He had said that he had 17 reached his conclusion and I asked him whether this was 19 documented. He said no, there is no formal occumentation.
19 I asked whether it was informal, and he said yes, it was.
20 I asked whether we could see M.. and he said he would send i
21 it to us.
22 Subsequently tnere was identified two potential 2~ problems, one, ex parte type problems and the second, a 24 potential grand jury information problem. Consequently tne 25 decision. I believe, was that anything he sent would go to TAYLCE ASSOCIATES 1625 I Street, N.W. - Suite 1004 Washington, D.C. 20006 (202) 293-3950
45_.
1 the General Counsel who would review it for those two 2 points. That is at least wnat I thought was happening.
3 CHAIRMAN PALLAOINO: 1' e s , the memo, Sam Ch11k 4 said - well, if it is cated only June 6th ---
5 (Laughter.)
6 CHAIRMAN PALLADINO: In says, "In addition to 7 reviewing this material," and this 15 the Her:el Plaine 8 memo, in addition to reviewing this material for a:: parte 9 considerations, the Commission wishes you to determ1ne in 10 consultation with CI and CIA whether NRC is strained in 11 the use of the material by the ongoing 00J investigation 12 or the related grand jury proceeding."
13 MR. PLAIN: Our people have just received the 14 matarial and they are beginning to look at it.
15 COMMISSIONER AHEARNE: I think then that is the 16 other location.
17 MR. HAYES: I do propose, Mr. Chairman, to
- 19 nossibly make a visit to Harrisburg and meet with the 19 United States Attorney up there. I think it only proper 20 that we at least have an opportunity to sit down and 21 advise them of what we 1ntend to do in terms of c:nduct1ng 22 our own outside parallel investigation.
23 There is going to have to be some coordination 24 tnere, someth1ng 11ke the Zimmer situation.
25 CHAIRMAN PALLADINO: Now you must make sure ne TAYLCE ASSOCIATES 1625 I Street, N.W. - Suite 1004 Washington, D.C. 20006 (202) 293-3950
46 1 is aware of Jenson's statement that we are free to 2 proceed, or otherwise we will get tnem working at cross 3 purposes.
4 Inc1 dentally, Commissioner Gilinsky I think 5 wrote a memo, and I guess it went to Bill Circks, ' dated 6 May 31st in which he asked a number of quest 1ons about Jim 7 Martin's st'atement. Goes anyone know if there is a 8 response to those questions?
9 MR. OIRCKS: Yes. We are asking everycocy who 10 had anything to do with anything revolving around this
. . r .
11 1ssue to get their comments in. Harold is replying for 12 NRR. I guess, Dick, you are putting something together.
13 Guy Cunningham is putting something together. We have the le vacuum cleaner out and we should have something. We a ill 15 make the 10th due date. I believe you established a due 16 date there of the 10th, and we will have an answer by the 1 17 10th.
IS CHAIRMAN PALLADINO: May I ask one other i
19 question.
I 20 MR. HAYES: Yes, sir.
21 CHAIRMAN PALLADINO: I gather on tne narassment i
22 and intimidation, or maybe as a separate item, there was
'3 an allegation about NRC's staff involvement. Are you or l
l 24 Jim going to touch on that?
25 MR. CUMMINGS: The problem we have there is we TAYLOE ASSOCIATES 1625 I Street, N.W. - Suite 1004 Washington, D.C. 20006 (202) 293-3950
f i
1 have been trying to get ahold of Tom Devine who is 2 representing Parks on this. Parks will not speak to anyone 3 unless ---
4 CHAIRMAN PALLADINO: Who?
5 MR. CUMMINGS: Parks won't talk to us unless Mr.
6 Devine is present for that interv1ew, and we are having a 7 good deal of difficulty getting that arranged. We are 8 hoping that this week we will be able to get that 9 straightened out.
10 COMMISSIONER AHEARNE: That is the first step ,
11 then in trying to find'out whether there is anything to 12 the allegation?
13 MR. CUMMINGS: Yes. We now nave the benefit of 14 Ben's O!'s work in some of those areas. We are scing to 15 have to talk to Parks and Gishel. Their ground rule is 16 that Mr. Devine ce present for all of those interviews.
17 CHAIRMAN PALLADINO: Dic moth Gisnel anc Farks 19 allege that there was NRC improper involvement ^
j 19 MR. CUMMINGS: My recollection, it was certainly 20 Parks, but Gishel, clearly I don't think so.
21 MR. PLAIN: Mr. Cummings, who 1s Mr. Devine?
22 MR. CUMMINGS: He is the attorney that l
i f 23 represents GAP, the Government Accountability Project.
l
( 24 CHAIRMAN PALLADINO: And you expect to be able 25 to do something within ---
l TAYLOE ASS 0CIATES 1625 I Street, N.W. - Suite 1004 Washington, D.C. 20006 (202) 293-3950
. y _._ .
1 MR. CUMMINGS: We are waiting for calls to be 2 returned and we are pursuing that.
3 CMAIRMAN PALLADINO: Are tnese all the 4 investigations that we have either underway, pending or 5 waiting to go underway?
6 MR. HAYES: As far as I know today.
7 CHAIRMAN PALLADINO: One of the questions I will 9 have to the Commissioners, and we are not discuss it, but 9 I think the Commissioners are going to have to decide 10 which ones of these, if not all of them, or any of themi 11 the results of which we need before we can make a TMI-1 12 restart decision. But I'will send a memo out with those 13 questions.
14 COMMISSIONER AHEARNE: It would seem hard to 15 discuss that w1thout setting into TMI-l restart.
16 CHAIRMAN PALLADINO: I know, but there is a 17 relationship that we have to adcressi which ones we feel 19 we have to wait for, which ones would be nice to wait for 19 and which ones do we think we don't have to wait for.
I 20 Anything more that should come up on pending 21 investigations of TMI?
22 (No response.)
23 CHAIRMAN PALLADINO: Does anybody nave any 24 comments or questions?
25 (No response.)
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1625 I Street, N.W. - Suite 1004 .
f Washington, D.C. 20006
! (282) 293-3950
- e 6
4g. _ _
1 CHAIRMAN PALLADINO: All right..
2 Well, thank you very mucni Sen.
3 MR.-HAYES: Thank you.
4 CHAIRMAN PALLADINO: We will stand adjournec.
5 (whereupon, at 3:12 p.m., the'meetins 6 adjourned.)
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