ML19351C882

Response in Opposition to TMI Alert 800922 Motion for Appointment of Expert to Review Work Requests Re Maint Practices.Intervenor Failed to Support Claims Despite ASLB Order Compelling Replies to Discovery.W/Certificate of Svc

ML19351C882
Person / Time
Site:	Three Mile Island
Issue date:	10/03/1980
From:	Trowbridge G METROPOLITAN EDISON CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-SP, NUDOCS 8010080281
Download: ML19351C882 (6)

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- - LIC 1 80 ,

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6 A UNITED STATES OF AMERICA OC f'6 NUCLEAR REGULATORY COMMISSION C Z l 7/ A $

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD y 74 $

In the Matter of ) i

) l METROPOLITAN EDISON COMPANY ) Docket No. 50-289 i

) (Restart)

(Three Mile Island Nuclear )

Station, Unit No. 1) )

1 LICENSEE'S RESPONSE TO TMIA MOTION FOR i APPOINTMENT OF EXPERT TO ASSIST THE l BOARD IN REVIEWING WORK REQUESTS PLACED INTO EVIDENCE BY TMIA On September 22, 1980, TMIA filed e Motion for Appoint- I ment of Expert to Assist the Board in Reviewing Work Requests I

Placed into Evidence by TMIA. While the title of the motion j l

suggests that TMIA is interested only in the appointment of an expert to review work requests placed into evidence by TMIA*,

the text of the motion is considerably broader. The motion requests the Board to appoint " independent experts" to study l

and report to the Board their opinions of "the practices and procedures of the Licensee as it relates to its management of TMI-#1." The experts' review is to include determinations on virtually all of the subcontentions of TMIA's Contsntion No. 5 as rewritten and allowed by the Board in its Memorandum and

• TMIA's motion was filed before the conference call placed ob by the Board on September 23, 1980, and prior to the Board's Memorandum and Order dated September 24, 1980, denying TMIA's Y (,O{f request tc put some 1100 work requests into evidence.

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Order dated September 8, 1980*. Thus the experts' review requested by TMIA encompasses virtually the entire scope of TMIA's contention on maintenance practices.

The TMIA motion further requests that the Board (1) re-quire that all parties submit for examination by the experts, subject to objection by the parties, "all material pertaining to this proceeding which may be requested from time to time",

(2) require the experts to file reports of their findings with the Board and to deliver same to all parties, and (3) re-quire the experts to make themselves available "as witnesses for or on behalf of any of the parties" during the evidentiary  ;

hearings. Thus the experts are required not only to do TMIA's work in investigating the validity of its contention but to be available to TMIA as witnesses during the hearing. No time limit is suggested by TMIA for the experts' review and report, but it is apparent from the scope of the requested review that many months would be consumed.

Licensee opposes TMIA's motion both because of the late-ness of TMIA's request and the total absence of any justifica-tion foi a. request.

As to lateness, TMIA files its request on the eve of the hearing, some ten months after the admission of TMIA as an intervenor in the proceeding and allowance of its initial 4

maintenance contention. TMIA has been on notice thro 2ghout

• The only subcontention not included in the review is Conten-tion 5b-2 relating to a cut in the TMI maintenance budget.

the proceeding that its intervention would not be funded by NRC and there is no excuse for waiting this long to request the Board to supply experts on TMIA's contentions.

As to justification for the request we begin by noting that despite two orders by the Board compelling responses to Licensee's interrogatories TMIA has failed to date to explain the bases for its contention of improper safety related main-tenance practices. Without such an explanation TMIA would have the Board take the extraordinary step of appointing ex-perts solely on the basis of TMIA's unsupported allegation of improper safety-related maintenance practices.

The only justifications advanced by TMIA for its request are (1) that "the staff has consistently refused to examine, in detail, the areas of deferred and inadequate maintenance conducted by Licensee" and (2) the conclusions of the Kemeny Commission staff that " current utility and NRC practices do not assure proper preparation, review and execution of operating and maintenance procedure" and that "the failure to adequately maintain all components of the TMI-#2 Unit contributed signif- l icantly to the accident at TMI-#1 (sic]".*

The statement that the staff has " consistently refused" to examine Licensee's maintenance practices is incorrect.

The only staff reluctance has been to adopt as its own and to follow through on TMIA's particular deposition program. While

• The second quotation is to TMIA's motion, not to the Kemeny staff report. The cited page of the staff report does not state that inadequate maintenance contributed to the TMI accident.

the staff will have to speak for itself, the staff has in fact to Licensee's knowledge been active in reviewing Licensee's maintenance program.

The citations to broad conclusions of the Kemeny Com-mission staff do not provide a basis for requesting the ap-pointment of special experts to investigate TMI-l maintenance l practices, particularly when the request is made nearly a year after publication of the Kemeny report.

For all of the foregoing reasons, TMIA's motion should be denied. l Respectfully submitted, SHAW, PIm MAN, POTTS & TROWBRIDGE ,

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By MJ '

, A fsss/ / is Gdrge F. Trowbridge /

P Dated: October 3, 1980 i

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, LIC 10/3/80 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 4

In the Matter of )

) -

METROPOLITAN EDISON COMPANY ) Docket No. 50-289 ,

) (Restart)

J (Three Mile Island Nuclear )

Station, Unit No. 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Licensee's Response to TMIA Motion for Appointment of Expert to Assist the Board in Reviewing Work Requests Placed into Evidence by TMIA,"

' dated October 3, 1980, were served upon those persons on the l

attached Service List by deposit in the United States mail, l

postage prepaid, this 3d day of October, 1980.

. A '

- Y #

l/

GehgeF. Trowbridge /

4 1

Dated: October 3, 1980

SERVICE LIST Ivan W. Smith, Esquire Walter W. Cchen, Esqui.m 024 = n Consumer Advocate Atmic Safety and Licensing Board Office of Corsumer Advocate U.S. Nuclear Regulatory Camission 1425 St-h Tf Square Washirgton, D.C. 20555 Harrisburg, Pennsylvania 17127 Dr. Walter H. Jordan Jordan D. Cunningham, Esquim Atmic Safety and Licensing Board Fcx, Farr & Cunnirgham 881 West Guter Drive 2320 Ncrth Second Street Oak Ridge, Tennessee 37330 Harrisburg, Pennsylvania 17110 Dr. Linda W. Little Theodcre A. Adler, ~@e Atatic Safety and Licensing Board Widoff Peager Selkowitz & Adler 5000 Hernitage Drive P. O. Box 1547 Paleigh, Ncrth Carolina 27612 Harrisburg, Pennsylvania 17105 James R. Tourte11ctte, Me (4) Ellyn R. Weiss, Esquire Office of Executive Iagal Director Harmon & Weiss U.S. Nuclear Regulaterf Cmmissicn 1725 Eye Street, N.W., Suite 506 Washingtm, D.C. 20555 Washingten, D.C. 20006 Docketir.g and Service Section (3) Steven C. Sholly Office of the Secretary -

304 South Market Street U.S. Nuclear Regulator / Camissicn Mechanicsburg, Penrsylvania 17055 Washirgton, D.C. 20555 Daniel M. Pell, r @ e Jchn A. Iavin, Esqttire ANGRY Assistant Counsel 32 South Beaver Street i Pennsylvania Ptblic Utility Cami, icn York, Penns. 1vania 17401 P. O. Box 3265 ,

Harrisburg, Penrsylvania 17120 William S. Tcrdan, III, @ e I Hazrcn & We as Karin W. Carter, Esqtnre 1725 Eye Stteet, N.W., Suite 506 Assistant Atterm y General Washingten, D.C. 20006 505 Executive Ecuse P. O. Box 2357 Pcbert Q. Pc*. lard Harrisburg, Pennsylvania 17120 609 Montpelit r Street Baltinrze, Ma.yland 21218 John E. Minrich Chai - n, Dauphin County Beard of Chauncef Kapfor' O'missioners Judith H. Jahrsr d Dauphin Ccunty Courthouse Envircnmental emiitien cn Nuclear Power Front and Met Streets 433 Criando Avenue Harrisburg, Penrsylvania 17101 State Cellege, Pennsylvania 16801 Marjorie M. Aamodt Marvia I. Iawis R.D. 5 6504 Bradferd Terrace Coatesville, Pennsylvania 19320 Ph41=Malphia, Pennsylvania 19149 i _ . _. __

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