ML19327A582

Motion for Revision of Contention 5 to Reflect Util Failure to Perform Timely,Proper & Adequate Maint.Certificate of Svc Encl

ML19327A582
Person / Time
Site:	Three Mile Island
Issue date:	07/26/1980
From:	Widoff M THREE MILE ISLAND ALERT, WIDOFF, REAGER, SELKOWITZ & ADLER
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19327A583	List: ML19327A582 ML19327A585 ML19327A587 ML19327A590 ML19327A593 ML19327A595 ML19327A597
References
ISSUANCES-SP, NUDOCS 8008060414
Download: ML19327A582 (3)

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ggg' UNITED STATES OF AMERICA iUCLEAR REGULATORY COMMISSION h c::'s!n3 G E:Fic3 4

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD ' QF In the Matter of )

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METROPOLITAN EDISON COMPANY ) Docket No. 50-289

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(Three Mile Island Nuclear )

Station, Unit No.1) )

TMIA'S MOTION FOR REVISION OF CONTENTION 5 Pursuant to the Board's order of. June 23, 1980 requiring intervenors to reconsider each of its contentions and in light of the evidence gained from the discovery process, TMIA has revised Contention .5. Therefore, TMIA submits this revised Contention 5 for Board approval to clarify its position on the management issue.

Revised Contention 5 It is contended that Licensee has pursued a course of conduct that is in violation of 10 CFR 50.57,10 CFR 50.40,10 CFR 50.36,10 CFR 50.40,10 CFR 50.71 and 10 CFR 50 Appendix B, thereby demonstrating that Licensee is not

" technically . . . qualified to" operate TMI Unit 1 "without endangering the health and safety of the public." This course of conduct includes:

a. deferring maintenance and repair beyond the point established by its

own procedures (see e.g. A.P.1407); l

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b, disregarding the importance of maintenance in safely operating a nuclear plant in that it:

1. uses supervisory and other personnel to perform maintenance;-

2. proposed a drastic cut in the maintenance budget;

3. fails to follow its own maintenance procedures for the timely correction of maintenance problenis;

4. fails to keep accurate maintenance records;

5. has inadequate and understaffed QA/QC programs;

6. extensively uses overtime in performing maintenance.

Assurances given by Licensee's employees and officials as well as assurances given in the SER that all NRC regulations have been and/or will be adhered to are not credible. The same employees and officials who were responsible for the violations numerated above remain in responsible positions with Licensee.

Reorgani::ation cf the same people does not correct the problem.

Under these circumstances, Licensee cannot demonstrate by a prepon-derancEof the evidence that it is " technically . . . qualified to" cperate TMI Unit 1 "without endangering the health and safety of the public."

Respectfully submitted, WIDOFF REAGER, SELKOWITZ & ADLER, P.C.

By:  !

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/ Mark P. Widoff ^

P O. Box 1547

..arrisburg, PA 17105 (717) 763-1383 -

Dated: July 26.1080

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CERTIFICATE OF SERVICE I hereby certify that I caused a true and correct copy of the foregoing document, TMIA's Motion For Revision Of Contention 5, to be placed in the United States mail, first-class, postage prepaid, addressed to the persons listed below: -

- Ivan W. Smith, Chairman Atomic Safety & Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555 Dr. Walter H. Jordan 881 West Outer Drive Oak Ridge, TN 37830 Dr. Linda W. Little 5000 Hermitage Drive Raleigh, NC 27612 George F. Trowbridge, Esquire Shaw, Pittman, Potts & Trowbridge 1800 M Street, N.W.

Washington, DC 20006 Docketing and Service Section U.S. Nuclear Regulatory Commission '

Washington, DC 20555 Executive Legal Director U.S. Nuclear Regulatory Commission Washington, DC 20555 YMark P. Wideff I

Dated: July 26,1980