ML20207D104

Submits Clarifications to Commission 831017 Response to Congressmen Udall & Markey Re Hartman Allegations.During Apr-May 1980,Commission Aware That Leak Rate Test Results Probably Falsified Prior to 790328

ML20207D104
Person / Time
Site:	Three Mile Island
Issue date:	10/20/1983
From:	Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Gilinsky, Palladino, Roberts NRC COMMISSION (OCM)
Shared Package
ML20207D080	List: ML20207D076 ML20207D090 ML20207D104 ML20207D118
References
NUDOCS 8607220020
Download: ML20207D104 (2)

Text

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UNITED STATES g; p, NUCLEAR REGULATORY COMMISSION

y l WASHINGTON, D. C. 20555

o. /j'#a Y...h OCT 2 0 883 MEMORANDUM FOR: Chairman Palladino Commissioner Gilinsky Commissioner Roberts Commissioner Asselstine Commissioner Bernthal FROM: William J. Dircks Executive Director for Operations

SUBJECT:

RESPONSE TO AUGUST 1, 1983 LETTER FROM CONGRESSMEN UDALL AND MARKEY As I indicated in my October 3,1983 memorandum to the Comission forwarding the proposed response, extraordinary efforts were made to achieve concur-rences to assure accuracy.* Because of the intense public and Congressional interest in this issue, it is important to assure that the record is clear regarding the state of knowledge of the Comission (as constituted in April /May 1980) regarding the Hartman allegations. We believe the response to

- Question 1, as edited, does not pre'sent a complete and clear portrayal of the facts.

In addition, the last paragraph of the October 17, 1983 cover letter to

-!rC'D c.cTues.gressmen Udall and Markey states that:

" Commissioner Gilinsky adds that while the NRC staff informed the 21 OCT 83 8 : 40 Commission of the existence of the Hartman allegations and of the referral to the Department of Justice, the NRC staff did not, until quite recently, share with the Cormiission its evaluation of the seriousness and significance of those allegations. No satisfactory explanation has been given for this reticence."

We realize that this represents Commissioner Gilinsky's personal views.

However, this paragraph could be construed to represent that the entire Commission, as constituted in the spring of 1980, was unaware of the seriousness and significance of the Hartman allegations. We believe it important to repeat the facts on that point as the staff sees them.

• We also note that (1) the edited response to Question 4 incorrectly refers

to an investigation by IE, and (2) that the proposed answer to Question 5 was not used.

8607220020 831025  !

PDR COMMS NRCC CORRESPONDENCE PDR

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OCT 2 01983 l

J l pointed out in my memorandum to Commissioner Gilinsky dated July 19, 1983: l "It is reatonable and logical to infer, from tne fact that the Commission referred the matter to 00J for possible criminal prosecution, that senior NRC staff aware of the Hartman allegations believed that

' leak rate results had likely been falsified' and that this was 'a potentially serious matter. '"

We prepared our responses on the basis that the Commission, as constituted at the time of the 00J referral, had reached a similar conclusion. To corroborate this belief we contacted former members of the Commission. The result of that effort is contained in the enclosed memorandum to files from Victor Stello, Jr., dated June 15, 1983. It would appear that at least a najority of the Commission in existence during the April /May 1980 timeframe was, in fact, aware of the seriousness and significance of those allegations.

We still believe that the Commission during April /May 1980, was aware that the leak rate test results had likely been falsified prior to March 28, 1979, and that this was a potentially serious matter. It is unfortunate that the letter in its edited and final form does not clearly leave that impression.

d .

William J. Dircks -

Executive Director for Operations

Enclosure:

MF Files fm Stello dtd 6/15/83 i

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