ML20205C551

Forwards Subpoena Requiring Appearance as Witness at Hearings in Sept 1986 Re Leak Rate Test Data Falsifications During 1978 & 1979.W/o Encl.Served on 860811

ML20205C551
Person / Time
Site:	Three Mile Island
Issue date:	08/07/1986
From:	Kelley J Atomic Safety and Licensing Board Panel
To:	Hemmila E AFFILIATION NOT ASSIGNED
References
CON-#386-287 LRP, NUDOCS 8608120359
Download: ML20205C551 (2)

Text

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NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD PANEL 00LKETED USNRC k, W ASHIN GTON. D.C. 20S55

• • • • • '86 AUG 11 A10:25 August 7, 1986 Docket No. LRP [0Cbd AN f

BRANCH Mr. Earl D. Hemila 1019 Plain Streec.

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Dear Mr. Hemmila:

In December 1985, we wrote to you and other former Metropolitan Edison employees at TMI-2 concerning an inquiry to be conducted by this Board into responsibility for leak rate test data falsifications at TMI-2 in 1978-79. A copy of that letter is enclosed. As we noted in our letter, participation in the inquiry as a party is voluntary. We also noted, however, that "should you decide not to participate as a party, you may nevertheless be subpoenaed as a witness."

You did not intervene in the inquiry as a party. The Board recently received into the record of this inquiry a Report from the Comission's Office of Investigations entitled "Three Mile Island-2:

Investigation of Individual Operator Actions Concerning the Falsification of Leak Rate Test Data." The Report itself does not refer to you specifically. However, a transcript of an interview with you is included as Exhibits 29 of the Report. In addition, another investigation of TMI-2 leak rate testing contains a statement you made to the NRC dated April 10, 1980. These interviews show that you have personal knowledge of facts relevant to this inquiry and indicate that you may have been involved in leak rate test falsifications. Copies of the Office of Investigations Report, including Exhibit 29, your April 10, 1980 statement, as well as a copy of a related Report entitled "Results of NRR's Investigation and Evaluation of ten Licensed Operators Involved in TMI-2 Preaccident Leak Rate Testing Irregularities" are enclosed. Should you wish access to or copies of other materials involved in the inquiry, please contact the Board.

In these circumstances, the Board has decided that your appearance as a witness in the inquiry is necessary. A subpoena requiring your appearance at a September 1986 hearing is enclosed. You will be asked questions about the matters discussed in your interview and statement and related matters, and given an opportunity to present your recollection of events. You are entitled to consult and appear before/

the Board with an attorney. If you wish, you may file written testifn'ony with the Board by September 8,1986, but you still must appear as'a witness.

The hearing is scheduled to begin on September 8, 1986. The Board expects to hear your testimony around September 30, 1986 or shortly thereafter. An exact date can be scheduled as that time approaches.

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I The NRC will pay reasonable expenses for travel, lodging and meals associated with your appearance as a witness. In addition, federal regulations authorize a witness fee of $30 per day.

Please acknowledge receipt of this letter and provide us with a telephone number where you may be reached.

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Ja.1fds L. Kelley, Ch&irman for the Presiding Board cc: Servica List w/o Enclosures J