ML20216D231
| ML20216D231 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 06/23/1987 |
| From: | Herbein J GENERAL PUBLIC UTILITIES CORP., ISHAM, LINCOLN & BEALE |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#287-3893 86-519-02-SP, 86-519-2-SP, LRP, NUDOCS 8706300486 | |
| Download: ML20216D231 (5) | |
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' *k UNITED STATES OF AMERICA nngg gn NUCLEAR REGULATORY. COMMISSION newc 4
BEFORE THE COMMISSION
'87 JUN 26 P1 :13 In the Matter of
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Docket No. LRP 3
ISLAND UNIT 2 LEAK RATE ~
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I DATA FALSIFICATION i
ASLBP NO. 86-519-02 SP RESPONSE OF JOHN G. HERBEIN TO AAMODTS' REQUEST FOR REVIEW AND MOTION FOR RECONSIDERATION John G. Herbein submits this response to the Aamodts' H
" Request for Review" of the Presiding Board's Recommended Deci-sion, in which the Aamodts request permission to file comments on the Recommended Decision.
Additionally, Mr. Herbein responds to the Aamodts' " Motion for Reconsideration", which was attached to the Request for Review.
REOUEST FOR REVIEW In its order initiating this' docket, the Commission established a procedure that does not expressly give the parties an opportunity to file comments on the Board's Recommended Deci-sion.
Mr. Herbein believes that while parties should be given the i
opportunity to comment, that opportunity should come after the Staff has made its recommendations to the. commission.
Comment at.
this juncture would be premature.
s Presumably, many concerns that parties would address in-their comments relate'to what action the Commission should-j ultimately take.
For example, Mr. Herbein is currently l restricted 8706300486 870625 4
PDR ADOCK 05000320
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by the commission from employment at.TMI-1 because in United
. States v. Metropolitan Edison Co., the U.S. Attorney alleged that Mr. Herbein was involved in leak rate testing falsification at TMI-2.
Mr.
Herbein hopes that because the Board's Recommended Decision completely exonerates him, the commission would lift the restriction.
He would address this issue in any comments he files.
The Staff is currently preparing recommendations on
-further action to the commission.'
These recommendations could alleviate many of the parties' concerns and greatly curtail the need for comment.
For example, if the Staff recommends that Mr.
Herbein's employment restriction be~1ifted, Mr. Herbein would file 1
comments significantly briefer than those he would feel compelled to file today.
Allowing the parties to comment after the Staff makes it 1
recommendations also allows the parties to comment on the recom-i i
mendations themselves.
Therefore, when.the commission decides j
what specific action to take, it will have before it the Board's i
Recommended Decision, the Staff's recommendations, and the par-
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ties' comments on the validity and. appropriateness of the Recom-mended Decision and the recommendations - in short, allLthat is reasonably necessary to make a decision on what further action is
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i MOTION FOR RECONSIDERATION While Mr. Herbein is confident that the Presiding Eoard will deny the Motion for Reconsideration the Aamodts~ attached to W
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.thair R3qucot~for Rsvicw, ho aikoo thio'br of rocponso.
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Aamodts argue,-as they.have unsuccessfully argued'before, that'Mr.
t Herbein aggt have known that a valid leak rate measurement could
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not be obtained'during the last six weeks of TMI-2. operation because the unit was suffering " gross and. accelerating identified leakage."
'he Aamodtn' argument is unsupported by any record evidence, and reflects a fundamental misunderstanding of the leak rate test.
The leak rate. test measures unidentified leakage.
The high leakage experienced by TMI-2, however, was identified.
There was no reason for Mr. Herbein, or anyone else, to suspect'that.
high, identified leakage,.even that which was " gross and acceler-ating,"
could prevent. valid measurement of unidentified' leakage.
The Aamodts' argument is without merit and should.be disregarded.
Respectfully submitted, JOHN G.'HERBEIN
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_ One of hib ttorneys g
James B. Burns Christopher W. Flynn ISHAM, LINCOLN & BEALE Three-First National Plaza Chicago, Illinois 60602 (312) 558-7500
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'87 JUN 26 P1 :14 UNITED STATES OF. AMERICA NUCLEAR REGULATORY COMMISSION ym DOChF T Mi5
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In the Matter of
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INQUIRY INTO THREE MILE
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ISLAND UNIT 2 LEAK RATE
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DATA FALSIFICATION
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Docket No. LRP
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CERTIFICATE OF SERVICE I hereby certify that I have served this 2 day-of June, 1987, the foregoing " Response of John G. Herbein to Aamodts' Request for Review and Motion for Reconsideration" by first-class mail, postage prepaid, to the following:
Honorable Lando W.
Zech Honorable Thomas M. Roberts Chairman U.S. Nuclear' Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Honorable James K. Asselstine Honorable Frederick M. Bernthal U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Honorable Kenneth M. Carr James L. Kelley, Chairman U.S. Nuclear Regulatory Administrative Judge Commission Atomic Safety and Licensing Washington, D.C.
20555 Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555
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James H. Carpenter Glenn O.
Bright Administrative Judge Administrative Judge Atomic Safety and Licensing Atomic Safety and Licensing j
Board Panel Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 l
Mary E. Wagner, Esq.
Honorable James L. Kelley Office of the General Margolius,-Davis, Finkelstein Counsel
& Rider U.S. Nuclear Regulatory 1503 21st Street, N.W.
Commission Washington, D.C.
20036 Washington, D.C.
20055 Ernest L.
Blake, Jr., Esq.
Smith B. Gephart, Esq.
Shaw, Pittman, Potts &
Killian & Gephart Trowbridge 216-218 Pine Street 2300 N Street, N.W.
Harrisburg, PA 17108 Washington, D.C.
20037 I
t Michael W. Maupin, Esq.
Harry H. Voigt, Esq.
Hunton & Williams LeBoeuf, Lamb, leiby &
P.O. Box 135 MacRae Richmond, VA 23212 1333 New Hampshire Avenue, N.W.
Suite 1100 Washington, D.C.
20036 Ms. Majorie M. Aamodt Ms. Majorie M. Aamodt Box 652 200 North' Church street Lake Placid, NY 12946 Parkesburg, PA 19365 Docketing and Service Branch (3)
U.S. Nuclear Regulatory Commission 1717 H Street, N.W.
Washington, D.C.
20555 f
Christopher \\ W. Flynn
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