ML20216J787
| ML20216J787 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 06/29/1987 |
| From: | Blake E GENERAL PUBLIC UTILITIES CORP., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#387-3903 86-519-02-SP, 86-519-2-SP, LRP, NUDOCS 8707070021 | |
| Download: ML20216J787 (6) | |
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}. h 00LKETEP WHRC June 29, 1987
'87' JL -1 P2 :41 UNITED STATES.0F AMERICA NUCLEAR REGULATORY COMMISSION OFra.
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i BEFORE THE PRESIDING BOARD In the Matter of
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INQUIRY INTO THREE MILE
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Docket No..LRP ISLAND UNIT 2 LEAK RATE
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ASLBP No. 86-519-02 SP DATA FALSIFICATION
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OPPOSITION OF GPU NUCLEAR CORPORATION TO AAMODT MOTION FOR RECONSIDERATION GPU Nuclear Corporation ("GPU Nuclear") opposes the Aamodts'
" Motion for Reconsideration Recommended Decision, May 21, 1987,"
(" Motion"), which the Aamodts served on June 12, 1987.1/
The Mo-tion asserts the Board did not consider important evidence on leakage at TMI-2, specifically that the Board " greatly erred" in not considering Attachments 2 and 3 (" Attachments") of the Aamodt Proposed Findings of Fact, served on February 2, 1987.
Motion at 1.
The Aamodts argue that the Board "must now consider" the At-tachments and " adjust its decision accordingly."
Id. at 2.
i The Board did not err in its disposition of Aamodt Attach-ments 2 and 3., as initially proposed'for official notice by the Board on February 2, 1987, was a supposed 1/
It is not clear whether the Aamodt Motion is appropriate or timely in this customized proceeding; reconsideration was never addressed by the parties or the Presiding Board.
8707070021 870629 ADDCK0500gggO PDR Y
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single-page cover sheet for certain Control Room logs from TMI-2.
The logs themselves were not enclosed, the date on the cover sheet describing the suppposedly enclosed logs was wrong, and a day later the Aamodts amended their findings (Aamodt letter to l
Judge Kelley, dated February 3, 1987) to change the cover sheet to refer to logs already in the record, effectively mooting this portion of their request for recognition of Attachments.
Attach-ment 3, as initially proposed on February 2, 1987, was comprised of a table and a figure related to total leakage data generated by the Aamodts for purported use by the Board in its decision but never proposed as evidence during the prior months and months of evidentiary hearings.
GPU Nuclear stands by the arguments I
advanced in its Reply Findings of February 17, 1987, opposing Board consideration of the Aamodt Attachments.
The Board proper-ly accepted these GPU Nuclear Reply Findings.
See Recommended Decision at 17-19.
Even had the Board considered Aamodt Attachments 2 and 3 and accepted them as proper and accurate, no adjustment to the Recom-mended Decision would follow.
Attachments 2 and 3 do not add substantively to the Board's status of knowledge nor would they have affected the decision. is simply a portion of the Control Room logs.
For the Aamodts now to criticize the Board for allegedly not considering the Control Room logs re-flects either disingenuousness or ignorance.
Throughout the pro-ceeding -- indeed on virtually a daily basis -- the Board.
regularly referred to and relied on the Control Room logs i
contained in the NRR and Stier Reports.
Nor was the Board igno-rant of the increase in total leakage and associated water addi-tions reflected in the logs in February and March, 1979.
- Again, there were references to these increases throughout the proceed-ing.
Moreover, the Board understood the distinction between identified and unidentified leakage which the Aamodts appeared to blur in their February findings.
Notwithstanding the Aamodts' misplaced criticism (Motion, at 2-3), the Board correctly evalu-ated the impact of identified leakage (particularly as it in-creased in February and March, 1979) on calculated unidentified leakage rates.
See, for example, Recommended Decision at 51-54 and 91-93.
Finally, the Board diligently tracked and probed the possible avenues of information to management and management awareness generally of leak rate test problems.
The Board appro-priately sought more than the Aamodts' blind leap of faith i
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"that there was universal knowledge and involvement in the leak rate falsification and subsequent coverup by the entire opera-tions management, other departments, the company and corporate management".
(Aamodt February 2 Findings at 14-15).
Considera-
-tion of Attachments 2 and 3 would not serve to bridge that gap f
nor otherwise alter the Board's decision.
I Respectfully submitted, f M ['
Ernest L._Blake, Jr.
John N. Nassikas III SHAW, PITTMAN, POTTS & TROWBRIDGE 2300 N Street, N.W.
Washington, D.C.
20037 (202)663-8000 Counsel for GPU Nuclear Corporation I
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. A ef (i UNITED STATES OF AMERICA
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NUCLEAR REGULATORY COMMISSION BEFORE THE RECONSTITUTED BOARD 6n r
00CFL u,g
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In the Matter of
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INQUIRY INTO THREE MILE
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Docket No. LRP ISLAND UNIT 2 LEAK RATE
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ASLBP No. 86-519-02 SP DATA FALSIFICATION
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CERTIFICATE OF SERVICE I hereby certify that on June 29, 1987, I served the fore-going " Opposition of GPU Nuclear Corporation to Aamodt Motion for i
Reconsideration" by hand delivering a copy thereof to the follow-ing persons marked with an asterisk and by mailing a copy there-l of, first class, postage prepaid, to the remaining persons:
- Administrative Judge Sheldon J. Wolfe, Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Administrative Judge Glenn O.
Bright Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 l
- Administrative Judge James H. Carpenter Atomic Safety and Licensing Board Panel i
U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Mary E.
Wagner, Esq.
Office of General Counsel U.S. Nuclear Regulatory Commission Washington, D.C.
20555
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Docketing and Service Branch (original and 2 copies)
U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Harry H. Voigt, Esq.
James W. Moeller, Esq.
LeBoeuf, Lamb, Leiby & MacRae 1333 New Hampshire Avenue, N.W.
Suite 1100 Washington, D.C. 20036 1
l Smith B.,Gephart, Esq.
Jane G. Penny, Esq..
Killian & Gephart 216-218 Pine Street Box 886 Harrisburg, Pennsylvania 17108 James B.
Burns, Esq.
Isham, Lincoln & Beale Three First National Plaza I
Suite 5200 Chicago, Illinois 60602 Michael W. Maupin, Esq.
Hunton & Williams P.O. Box 1535
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Richmond, Virginia 23212 l
Mrs. Marjorie M. Aamodt Box 652 Lake Placid, New York 12946
[hnN. Nassikas M 3 1
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