Comments on Gpu Vs B&W Trial Record.Two Addl Months Required to Complete Review.Cursory Review Reveals New & Significant Items in Record Which Could Impact Restart.Certificate of Svc EnclML20073J138 |
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Three Mile Island |
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04/18/1983 |
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Doroshow J THREE MILE ISLAND ALERT |
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NUDOCS 8304190202 |
Download: ML20073J138 (12) |
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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20210B8491999-07-21021 July 1999 Exemption from Certain Requirements of 10CFR50.54(w),for Three Mile Island Nuclear Station Unit 2 to Reduce Amount of Insurance for Unit to $50 Million for Onsite Property Damage Coverage ML20206D4141999-04-20020 April 1999 Exemption from Requirements of 10CFR50,App R,Section III.G.2 Re Enclosure of Cable & Equipment & Associated non-safety Related Circuits of One Redundant Train in Fire Barrier Having 1-hour Rating ML20206T7211999-02-11011 February 1999 Memorandum & Order (CLI-99-02).* Denies C George Request for Intervention & Dismisses Subpart M License Transfer Proceeding.With Certificate of Svc.Served on 990211 ML20198A5111998-12-11011 December 1998 Comment Opposing Proposed Rule 10CFR50.65 Re Requirements for Monitoring Effectiveness of Maintenance at Nuclear Power Plants.Proposed Rulemaking Details Collaborative Efforts in That Rule Interjects Change ML20154G2941998-09-17017 September 1998 Transcript of 980917 Public Meeting in Rockville,Md Re License Transfer of TMI-1 from Gpu Nuclear,Inc to Amergen. Pp 1-41 ML20199J0121997-11-20020 November 1997 Comment on Pr 10CFR50 Re Financial Assurance Requirements for Decommisioning Nuclear Power Reactors.Three Mile Island Alert Invokes Comments of P Bradford,Former NRC Member ML20148R7581997-06-30030 June 1997 Comment on NRC Proposed Bulletin 96-001,suppl 1, Control Rod Insertion Problems. Licensee References Proposed Generic Communication, Control Rod Insertion, & Ltrs & 961022 from B&W Owners Group ML20078H0431995-02-0101 February 1995 Comment Opposing Proposed Rule 10CFR50 Re Shutdown & Lowpower Operations for Nuclear Reactors ML20077E8231994-12-0808 December 1994 Comment Supporting Proposed Rules 10CFR2,51 & 54 Re Rev to NRC NPP License Renewal Rule ML20149E2021994-04-20020 April 1994 R Gary Statement Re 10 Mile Rule Under Director'S Decision DD-94-03,dtd 940331 for Tmi.Urges Commissioners to Engage in Reconsideration of Author Petition ML20065Q0671994-04-0707 April 1994 Principal Deficiencies in Director'S Decision 94-03 Re Pica Request Under 10CFR2.206 ML20058A5491993-11-17017 November 1993 Exemption from Requirements in 10CFR50.120 to Establish, Implement & Maintain Training Programs,Using Sys Approach to Training,For Catorgories of Personnel Listed in 10CFR50.120 ML20059J5171993-09-30030 September 1993 Transcript of 930923 Meeting of Advisory Panel for Decontamination of TMI-2 in Harrisburg,Pa.Pp 1-130.Related Documentation Encl ML20065J3461992-12-30030 December 1992 Responds to Petition of R Gary Alleging Discrepancies in RERP for Dauphin County,Pa ML20065J3731992-12-18018 December 1992 Affidavit of Gj Giangi Responding to of R Gary Requesting Action by NRC Per 10CFR2.206 ML20198E5581992-12-0101 December 1992 Transcript of Briefing by TMI-2 Advisory Panel on 921201 in Rockville,Md ML20210D7291992-06-15015 June 1992 Exemption from Requirements of 10CFR70.24 Re Criticality Accident Requirements for SNM Storage Areas at Facility Containing U Enriched to Less than 3% in U-235 Isotope ML20079E2181991-09-30030 September 1991 Submits Comments on NRC Proposed Resolution of Generic Issue 23, Reactor Coolant Pump Seal Failure. Informs That Util Endorses Comments Submitted by NUMARC ML20066J3031991-01-28028 January 1991 Comment Supporting SECY-90-347, Regulatory Impact Survey Rept ML20059P0531990-10-15015 October 1990 Comment Opposing Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal ML20059N5941990-10-0404 October 1990 Transcript of 900928 Public Meeting in Rockville,Md Re Studies of Cancer in Populations Near Nuclear Facilities, Including TMI ML20055F4411990-06-28028 June 1990 Comment Supporting Petition for Rulemaking PRM-50-55 Re Revs to FSAR ML20248J1891989-10-0606 October 1989 Order.* Grants Intervenors 891004 Motion for Permission for Opportunity to Respond to Staff Correspondence.Response Requested No Later That 891020.W/Certificate of Svc.Served on 891006 ML20248J1881989-10-0303 October 1989 Motion for Permission for Opportunity to Respond to Staff Correspondence in Response to Board Order of 890913.* Svc List Encl ML20248J0301989-09-29029 September 1989 NRC Staff Response to Appeal Board Order.* Matters Evaluated in Environ Assessment Involved Subjs Known by Parties During Proceeding & Appear in Hearing Record & Reflect Board Final Initial Decision LBP-89-7.W/Certificate of Svc ML20247E9181989-09-13013 September 1989 Order.* Requests NRC to Explain Purpose of 890911 Fr Notice on Proposed Amend to Applicant License,Revising Tech Specs Re Disposal of Accident Generated Water & Effects on ASLB Findings,By 890929.W/Certificate of Svc.Served on 890913 ML20247G0361989-07-26026 July 1989 Transcript of Oral Argument on 890726 in Bethesda,Md Re Disposal of accident-generated Water.Pp 1-65.Supporting Info Encl ML20247B7781989-07-18018 July 1989 Certificate of Svc.* Certifies Svc of Encl Gpu 890607 & 0628 Ltrs to NRC & Commonwealth of Pa,Respectively.W/Svc List ML20245D3651989-06-20020 June 1989 Notice of Oral Argument.* Oral Argument on Appeal of Susquehanna Valley Alliance & TMI Alert from ASLB 890202 Initial Decision Authorizing OL Amend,Will Be Heard on 890726 in Bethesda,Md.W/Certificate of Svc.Served on 890620 ML20245A5621989-06-14014 June 1989 Order.* Advises That Oral Argument on Appeal of Susquehanna Valley Alliance & TMI Alert from Board 890202 Initial Decision LBP-89-07 Authorizing OL Amend Will Be Heard on 890726 in Bethesda,Md.W/Certificate of Svc.Served on 890614 ML20247F3151989-05-22022 May 1989 NRC Staff Response to Appeal by Joint Intervenors Susquehanna Valley Alliance/Tmi Alert.* Appeal Should Be Denied Based on Failure to Identify Errors in Fact & Law Subj to Appeal.W/Certificate of Svc ML20246Q2971989-05-15015 May 1989 Comment Opposing Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants ML20246J6081989-05-12012 May 1989 Licensee Brief in Reply to Joint Intervenors Appeal from Final Initial Decision.* ASLB 890203 Final Initial Decision LBP-89-07 Re Deleting Prohibition on Disposal of accident- Generated Water Should Be Affirmed.W/Certificate of Svc ML20247D2761989-04-20020 April 1989 Transcript of 890420 Briefing in Rockville,Md on Status of TMI-2 Cleanup Activities.Pp 1-51.Related Info Encl ML20244C0361989-04-13013 April 1989 Order.* Commission Finds That ASLB Decision Resolving All Relevant Matters in Favor of Licensee & Granting Application for OL Amend,Should Become Effective Immediately.Certificate of Svc Encl.Served on 890413 ML20245A8381989-04-13013 April 1989 Transcript of Advisory Panel for Decontamination of TMI-2 890413 Meeting in Harrisburg,Pa.Pp 1-79.Supporting Info Encl ML20245A2961989-04-13013 April 1989 Transcript of 890413 Meeting in Rockville,Md Re Affirmation/Discussion & Vote ML20248H1811989-04-0606 April 1989 Valley Alliance/Tmi Alert Motion for Leave to File Appeal Brief out-of-time.* W/Certificate of Svc.Served on 890411.Granted for Aslab on 890410 ML20248G0151989-04-0606 April 1989 Valley Alliance/Tmi Alert Motion for Leave to File Appeal Brief out-of-time.* Requests to File Appeal Brief 1 Day Late Due to Person Typing Document Having Schedule Problems ML20248G0261989-04-0606 April 1989 Susguehanna Valley Alliance/Tmi Alert Brief in Support of Notification to File Appeal & Request for Oral Argument Re Appeal.* Certificate of Svc Encl ML20248D7211989-04-0404 April 1989 Memorandum & Order.* Intervenors Application for Stay Denied Due to Failure to Lack of Demonstrated Irreparable Injury & Any Showing of Certainty That Intervenors Will Prevail on Merits of Appeal.W/Certificate of Svc.Served on 890404 ML20247A4671989-03-23023 March 1989 Correction Notice.* Advises That Date of 891203 Appearing in Text of Commission 890322 Order Incorrect.Date Should Be 871203.Certificate of Svc Encl.Served on 890323 ML20246M2611989-03-22022 March 1989 Order.* Advises That Commission Currently Considering Question of Effectiveness,Pending Appellate Review of Final Initial Decision in Case Issued by ASLB in LBP-89-07. Certificate of Svc Encl.Served on 890322 ML20236D3821989-03-16016 March 1989 Valley Alliance & TMI Alert Motion for Extension of Time to File Brief in Support of Request for Appeal in Matter of 2.3 Million Gallons Of....* Certificate of Svc Encl.Served on 890316.Granted for Aslab on 890316 ML20236D3121989-03-15015 March 1989 Licensee Answer to Joint Intervenors Motion for Extension of Time to File Brief on Appeal.* Motion Opposed Based on Failure to Demonstrate Good Cause.W/Certificate of Svc ML20236D2901989-03-11011 March 1989 Valley Alliance/Tmi Alert Motion for Extension of Time to File Brief in Support of Request for Appeal in Matter of Disposal of 2.3 Million Gallons of Radioactive Water at Tmi,Unit 2.* Svc List Encl ML20236A3761989-03-0808 March 1989 Licensee Answer Opposing Joint Intervenors Motion for Stay.* Stay of Licensing Board Decision Pending Appeal Unwarranted Under NRC Stds.Stay Could Delay Safe,Expeditious Cleanup of Facility.Certificate of Svc Encl ML20236C2441989-03-0808 March 1989 NRC Staff Response in Opposition to Application for Stay Filed by Joint Intervenors.* Application for Stay of Effectiveness of Final Initial Decision LBP-89-07,dtd 890202 Should Be Denied.W/Certificate of Svc ML20235V2641989-03-0202 March 1989 Notice of Aslab Reconstitution.* TS Moore,Chairman,Cn Kohl & Ha Wilber,Members.Served on 890303.W/Certificate of Svc ML20235V2161989-02-25025 February 1989 Changes & Corrections to Susquehanna Valley Alliance/Three Mile Island Alert Documents Submitted on 890221.* Certificate of Svc Encl 1999-07-21
[Table view] Category:OTHER LEGAL DOCUMENT
MONTHYEARML20149E2021994-04-20020 April 1994 R Gary Statement Re 10 Mile Rule Under Director'S Decision DD-94-03,dtd 940331 for Tmi.Urges Commissioners to Engage in Reconsideration of Author Petition ML20065Q0671994-04-0707 April 1994 Principal Deficiencies in Director'S Decision 94-03 Re Pica Request Under 10CFR2.206 ML20247B7781989-07-18018 July 1989 Certificate of Svc.* Certifies Svc of Encl Gpu 890607 & 0628 Ltrs to NRC & Commonwealth of Pa,Respectively.W/Svc List ML20245D3651989-06-20020 June 1989 Notice of Oral Argument.* Oral Argument on Appeal of Susquehanna Valley Alliance & TMI Alert from ASLB 890202 Initial Decision Authorizing OL Amend,Will Be Heard on 890726 in Bethesda,Md.W/Certificate of Svc.Served on 890620 ML20247A4671989-03-23023 March 1989 Correction Notice.* Advises That Date of 891203 Appearing in Text of Commission 890322 Order Incorrect.Date Should Be 871203.Certificate of Svc Encl.Served on 890323 ML20235V2641989-03-0202 March 1989 Notice of Aslab Reconstitution.* TS Moore,Chairman,Cn Kohl & Ha Wilber,Members.Served on 890303.W/Certificate of Svc ML20235V2161989-02-25025 February 1989 Changes & Corrections to Susquehanna Valley Alliance/Three Mile Island Alert Documents Submitted on 890221.* Certificate of Svc Encl ML20235N2241989-02-21021 February 1989 Licensee Comments on Immediate Effectiveness.* Requests That Commission Speak & Approve Proposed accident-generated Water Disposal Method by Making Licensing Board Decision Effective Immediately.Certificate of Svc Encl ML20235N1431989-02-20020 February 1989 Valley Alliance/Three Mile Island Alert Comments to Commission Re Whether Decision of 890203 Should Await Administrative Appellate Review.* Motion for Stay Permitting Appeal to Be Heard Prior to Amend Being Granted Encl ML20235N1891989-02-20020 February 1989 Response of Cw Huver to Final Initial Decision of ASLB in Matter of Disposal of Accident Generated Water from TMI-2 on Behalf of Susquehanna Valley Alliance.* ML20235N1371989-02-20020 February 1989 Notice to Appeal Final Initial Decision Concerning Request for Amend to Dispose of Accident Generated Water by Gpu.* Notice Will Be Followed by Brief Supporting Joint Intervenor Position on Appeal.Notification of Address Change Encl ML20155H4401988-10-11011 October 1988 Valley Alliance/Tmi Alert Submittal of Expert Testimony.* Forwards Testimony of Kz Morgan,R Piccioni & Cw Huver.Related Correspondence ML20155G9441988-10-0606 October 1988 Fr Notice (Schedule of Hearings).* ASLB Will Hold Limited Appearance Session on 881103 in Lancaster,Pa.Written Statements of Intention to Appear May Be Filed W/Board Prior to 881028.Served on 881007 ML20155H0031988-10-0404 October 1988 Notification of Parties as to Subj Matter of R Piccioni Testimony.* Joint Intervenors Suppls Interrogatory Responses Re Witness,R Piccioni Testimony on Contentions 2 & 3. Certificate of Svc Encl.Related Correspondence ML20154P4691988-09-27027 September 1988 Fr Notice (Schedule of Hearings).* Public Hearings Scheduled for Listed Dates,Per 880825 Order.Limited Appearance Statements May Be Filed W/Aslb Prior to 881028.Served on 880928 ML20151N5911988-07-29029 July 1988 Notice of Reconstitution of Board.* Pb Bloch Appointed Administrative Judge in Place of Sj Wolfe.Served on 880801 ML20154E3001988-05-12012 May 1988 Erratum to Licensee Motion for Summary Disposition of Contentions 4b (in part),4c & 4d.* Stated Parenthetical Entry Should Be Deleted from Licensee 880509 Motion,Page 7. Certificate of Svc Encl ML20154E3521988-05-11011 May 1988 Memorandum (Memorializing Conference Call).* Discusses 880511 Telcon in Which Board Granted NRC Request for Extension of Time Until 880523 to File Motion for Summary Disposition.Served on 880512 ML20150A9441988-03-14014 March 1988 Notice of Appearance.* RP Mather Will Enter Appearance in Proceeding on Behalf of Commonwealth of Pa.Certificate of Svc Encl ML20237E4791987-12-14014 December 1987 Notification of Temporary Change of Address.* Author Can Be Reached at Listed Address from 871216 Through 880106 as Representative for Susquehanna Valley Alliance & TMI Alert ML20236N9181987-11-0505 November 1987 Settlement Agreement.* Settlement Will Constitute Bar to Any Future NRC Proceeding or Action Involving Same Claims & Allegations Raised in NRC 850812 Notice of Violation ML20235F4681987-09-22022 September 1987 Notice of Deposition of AB Beach.* Requests AB Beach Appearance in Washington,Dc on 871005 to Give Testimony by Deposition on Oral Exam Re Allegations by R Parks Concerning TMI-2.W/Certificate of Svc.Related Correspondence ML20235F4271987-09-18018 September 1987 Notice of Deposition.* Notice for D Feinberg to Give Testimony by Deposition Upon Oral Exam on 870928 Re R Parks Allegations Concerning TMI-2 & Util.W/Certificate of Svc. Related Correspondence ML20235F2861987-09-18018 September 1987 Util Supplemental Memorandum.* Util Confirmed That Substantial Renumerations Made Annually to All TMI-1 Licensed Personnel Which Husted Forfeited Due to Termination of License.W/Certificate of Svc ML20235B4341987-09-15015 September 1987 Establishment of Aslb.* Board Comprised of Sj Wolfe, Go Bright & Oh Paris.Served on 870921 ML20234D2771987-09-14014 September 1987 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20238E4671987-09-0808 September 1987 Notice of Appearance.* Advises That Author Will Represent TMI Alert,Inc at Oral Argument Scheduled for 870909. Certificate of Svc Encl ML20238A5611987-08-18018 August 1987 Notice of Oral Argument.* Argument on Appeal of C Husted from 870402 Initial Decision Will Be Heard on 870909 in Bethesda,Md,Per Aslab 870811 Order.Served on 870819 ML20236P0661987-08-0404 August 1987 Notice of Deposition of Hl Hofmann.* Notice of 870820 Deposition in San Francisco,Ca Re Matters Set Forth in Paragraphs 2-5 of Encl 860813 Prehearing Order.W/Certificate of Svc.Related Correspondence ML20236E6831987-07-28028 July 1987 Notice of Deposition of Rd Parks.* Deposition Will Be Taken on 870818 in San Francisco,Ca Re Allegations & Activities Related to TMI-2.Certificate of Svc Encl.Related Correspondence ML20235Y8601987-07-20020 July 1987 Comments of Numerous Employees on Recommended Decision.* Numerous Employees Include 25 Present or Former TMI-2 Employees Commenting on Inquiry Into Facility Leak Rate Data Falsification.Certificate of Svc Encl ML20216D0881987-06-22022 June 1987 Inquiry Into TMI Unit 2 Leak Rate Data Falsification.* Notice of Reconstitution of ASLB Appointing Sj Wolfe in Place of Jl Kelley.Served on 870623 ML20215D5761987-06-10010 June 1987 Affirmation.* Pr Clark Sworn Statement Indicating That Gpu Subscribes to Reasons Stated in Response for Denying or Not Being Able to Admit or Deny Particular Requests.W/ Certificate of Svc.Related Correspondence ML20214P2911987-06-0101 June 1987 Request for Clarification & Mod.* in Appearances Section of Board Recommended Decision, Applicants Should Be Changed to Numerous Employees & Listed Individuals Be Added Following Moeller Name.Certificate of Svc Encl ML20214S0271987-06-0101 June 1987 Notice of Deposition of Rd Parks.* Notice of Deposition for Rd Parks to Appear in Newport Beach,Ca on 870622 to Give Testimony by Deposition Upon Oral Exam Re Investigations of Allegations.W/Certificate of Svc.Related Correspondence ML20214P0661987-05-29029 May 1987 Notice of Deposition of Rd Parks.* Parks Requested to Appear at Ofcs of Thelen,Marrin,Johnson & Bridges in Newport Beach, CA to Testify Re Allegations & Activities Concerning Plant. Certificate of Svc Encl.Related Correspondence ML20214N2551987-05-26026 May 1987 Notice of Deposition of AB Beach.* Instructs AB Beach to Testify Re Knowledge of Allegations Made by R Parks Re Util, Facility,Bechtel Employees & NRC Investigation of Allegations.W/Certificate of Svc.Related Correspondence ML20215K9941987-04-30030 April 1987 Notice of Appeal.* Appeal of ASLB 870402 Initial Decision Requested.Certificate of Svc Encl ML20209E9051987-04-23023 April 1987 Notice of Withdrawal of Appearance in Proceeding.Certificate of Svc Encl ML20206T0501987-04-20020 April 1987 Assignment of Aslab.* as Rosenthal,Chairman, & TS Moore & Ha Wilber,Members.Served on 870421 ML20206S8011987-04-17017 April 1987 Notice of Appeal of C Husted from Administrative Law Judge 870402 Initial Decision.W/Certificate of Svc ML20205F2721987-03-24024 March 1987 Certificate of Svc.* Certifies That Comments of Numerous Employees in Response to ASLB 870202 Request & Order Served on Mm Aamodt on 870302 ML20204B8011987-03-19019 March 1987 Notice of Deposition of Rc Arnold.* Arnold Given Notice & Requested to Appear in Gaithersburg,Md on 870407 to Give Testimony Re Issues Discussed in 860813 Memorandum & Order. Certificate of Svc Encl.Related Correspondence ML20204B6831987-03-19019 March 1987 Notice of Deposition of Jj Barton.* Barton Given Notice & Requested to Appear in Gaithersburg,Md on 870407 to Give Testimony Re Issues Discussed in 860813 Memorandum & Order Following Prehearing Conference.Related Correspondence ML20212D0721987-02-27027 February 1987 Clarification Re Numerous Employees Memorandum of Law.* Discusses Numerous Employees 870123 Position That Surveillance & Administrative Procedures Were Not Legal Requirements.Certificate of Svc Encl.Related Correspondence ML20212N5121987-02-22022 February 1987 Notice of Withdrawal of Appearance.* Certificate of Svc Encl ML20212N4991987-02-22022 February 1987 Notice of Withdrawal of Appearance.* Certificate of Svc Encl ML20212D0561987-02-20020 February 1987 Errata to Aamodt Reply Findings to Those of Other Parties (Submitted in Form of Recommended Decision).* W/Certificate of Svc ML20212D0201987-02-17017 February 1987 Aamodt Reply Findings to Those of Other Parties (Submitted in Form of Recommended Decision).* W/Certification of Svc ML20211A9351987-02-16016 February 1987 Comments of Numerous Employees in Response to ASLB 870202 Request & Order.* Defendant Memorandum of Law Supporting Motion to Dismiss Indictment & Certificate of Svc Encl 1994-04-07
[Table view] |
Text
- n ., . .
-m.
p 't UNIT 8D STATES OF AMERICA N
NUCLEAR REGULATORY COMMISg'X 00,hh:
BEFORE THE COMMISSION .tg
n In the Matter of ) ,
)
METROPOLITAN EDISON COMPANY ) Docket No. 50-289
)
(Three Mile Island Nuclear )
-Station, Unit 1). )
TMIA'S COMMENTS ON B&W TRIAL TRANSCRIPTS In mid-March, 1983, TMIA received notification that the Commission had " decided to permit" the parties to comment on the staff's analysis of the B&W trial record, "not later than 15 days af ter service of the staf f's analysis." TMIA can not at this time' provide the Commission with substantive comments on _ the staf f 's analysis of the trial record. The comments submitted herein are merely meant to notify the Commission of TMIA's strenuous objections to the process by which the Commission is handling the B&W trial record review, including its reliance on the staff report to deter-mine the record's impact on restart issues, and the' failure to provide the parties with sufficient time to review the record and comment, or even provide them with access to the complete trial record and other relevant evidence developed in the course of litigation. TMIA hereby requests at least another two months to complete its re view, and requests that all trial exhibits and depositions b2 made available to the intervenors, m
A KOO 89 C PDR x
9 I. The Review Process TMIA objects to the prohibitive conditions which the Commission has imposed on the intervenors in their attempt
-to exercise their legal right to provide ~ comments to the
-Commission on the B&W trial record,.after a party to the restart-proceedings has already done so. The_-intervenors have:been-denied access to'the entire trial record which the NRC staf f has already' reviewed. No exhibits have been provided to the intervening parties, or to the public docu-
~
ment rooms containing the trial transcripts. . Obvio us ly , the trial exhibits are independently significant and an integral part of the record. Moreover, it is practically impossible to extract anything substantive from the trial transcript without an ability to read and reference the exhibits being discussed.
In addition, given that the trial was settled before B&W could present most of its direct case, it is simply unreasonable to conclude, as did the staff at the April 6 staff briefing, (Transcript at pp. 32-33), that the record as it stands contains all the significant evidence developed
'during the course of litigation which could support B&W's position at trial, let alone as such evidence could impact
- on-restart issues with which the Commission is concerned.
! If the Commissioners are sincerely interested in obtaining i
full knowledge of all relevant evidence which could impact on either the NRC's understanding of the accident or restart
, issues, it is incumbent upon the Commissioners to insure A
.t.
that all parties have access to at least the additional B&W
+
exhibits and depositions which are not part of the record.
Further, intervenors are under a tremendous handicap in accomplishing this review task by not having any of these materials in their possession, forced to rely upon the limited access provided by theLpublic document room, located in Harrisburg in the State Library, open only on weekdays from 9 to 5. Even in those instances where an intervenor can arrange to get to the PDR at those inconve nie nt times, the transcripts themselves must be shared with other indivi-duals reading the same mater ial. Clearly, if the Commission ref uses to provide the parties with copies of these docu-
. ments, it nas a responsibilityoto alleviate the burden by providing them with a' reasonable period of time to review to .
f record.
The Staff.has testified that it took them at least 10 weeks to read the record. Therefore, the intervenors should be granted . at least that amount of time, plus an additional several weeks to adjust for the limited access they have to it. TMIA is quite certain that if given sufficient time and access to the materials, the interve-nors' comments with regard to restart issues will be signifi-cantly more usef ul to the Commissioners than the Staff's comments.
With regard to the staf f review itself and the April 6, 1983 staf f briefing, TMIA can only wonder whether the Commis-sion has any real desire to learn the true impact of the trial record. As appropriately put by Congressman Morris K.
w,
n_ , -,.
. .d -
'Udall, in his April 13, 1983 letter to the Chairman, "[n]ot.
only . was the staf f a par ty to the- proceeding, but the indivi-duals who conducted the review had themselves participated in previous' investigations. Prior to the review, the staff
~ had a ' well-established. position on TMI-l restart and the
- reviewers had in the course of previous investigations assumed positions on certain of the key issues addressed at the trial." Moreover, the staff testimony to the Commis-sioners during the April 6 meeting violated the most f unda-mental precepts of administrative due process, i.e., that testimony be presented only in the context of a f ull adjudi-catory hearing with an opportunity for cross examination by all parties. TMIA reiterates:the identical due process objections made in January 13, 1982 comments on a similar December 21, 1981 s'.aff briefing concerning information flow problems during the accident.
During this most recent April 6 meeting, however, the Commission went a step further and took testimony from licensee's. President, Robert'C. Arnold, who made substantive comments on" issues such as the accident's sequence of event L
report. (Transcript pp. 67-68). This is a clear violation l- of the intervenors' due process rights, and has left TMIA with serious doubts as to whether the Commission or the e
General Counsel is even cognizant of the fact that there are other parties in the restart proceedings besides the licensee and the NRC staf f.
t-i i
b -N
- '" m,_ , _.
II. Substantive Matters .
A mere cursory review of the the_ staf f report and a
' limited' amount of trial transcript reveals that the staff has no appreciation of the restart issues or of the vast -
amount'of evidence gathered during the restart hearings on.a myriad of issues, or an ability to detect conflicts in testi-mony between the trial and " restart" records. In its brief
, review so far, TMIA has already spotted what appears to be significant new information. in the trial transcripts with regard to maintenance issues, which TMIA litigated during the hearings. However, most of this new information relates to exhibits which TMIA does not have.
For example, Exhibit 360, identifed on p.1657 of the trial transcript as "a transcript ... of an interview by Mr.
Keaton ' [ who headed an internal GPU. accident inves tigation ]
... with Gary Miller, station superintendent at Unit-2,"
contains statements by Miller concerning inadequate mainten-ance staffing, and discussions of maintenance budget cuts which impact on safety. Miller states in this interview,
"[ w]e just can't do it with the size of this plant. Y$u were' just kidding yourself. You were going to develop more
, work requests than' you were going to do and at the same time 1
we were cutting the contractor out and we were trying to cut some of the budget down," and, "[t]he thing was really squeezing us before the accident. Squeezing me in the elimination of the contract." (Transcript at 1658, 1662-3).
The safety consequences of the proposed 1979 mainten-x
a _u _m_, -
ance budget cut-was a significant aspect of TMIA Contention
- 5. At the restart hearings, testimony was elicited from GPU witnesses on dramatic cuts proposed in the maintenance budget, including cuts for outside contractors, correcti ve maintenance work, and preventive maintenance work, (See, Tr. at 4052 et seq.). While Gary Miller as Station Super-intendent was in a unique position to' appreciate the safety implications of maintenance budget cuts and inadequate maintenance staffing, which the licensee has always maintained did not impact on safety, he never testified at -
the restart hearings on this issue. Also, the trial deposi-tion'of Daniel Shovlir, Manager of Maiot.enance, which T.VIA has never seen but is discussed at p. 1660 of the trial transcript, reveals plans for maintenance budget cuts from late 1977 through 1979. Cleatly, this is atl significan'.
new iaformation.
Also, highly significant to TMIA's issues ~is Exhibit 32, which TMIA has never seen but is described at p. 1666 as an organizational' study done in the summer and fall of 1979 by a Mr. Glickman, submitted to GPU President Herman Dieckamp. This study apparently contains a section called
" Station Maintenance Effectiveness," which reports that
" maintenance is lacking in advance planning, is done on an ad hoc basis. No preventive maintenance done by Met Ed, not enough people to do it, therefore all maintenance is done as
' cor rec t i ng wo r k . ' . . . Maintenance is the weakest area on site. " "Only repetetive comments [were] reflected (in this
-.. . - . - . - a
. . . . . . ~ . - , .
.~ - -
study)." (Transcript at p. 1673). It is obvious that this document could be - highly probative not only of the company's actual maintenance performance, but of whether management
-responded-with proper steps to correct these recognized problems .
Similarly, at p. 1688 et seg of the trial transcripts is a discussion of a 1978 " management audit," Exhibit 843.
TMIA has been able to briefly. review a copy of this audit, and among the findings bearing directly on management competence and integrity issees are the following:
"[S ]tatements were made to the effect that an audit like this is perfomed to give the personnel at TMI the feeling.
that " manage me nt is concerned", only to eventually
" whitewash" the report in the end;" "Most supervisors feel we do not hold our peole accountable, which in turn creates a " buck-passing" atmosphere and allows weak supervision to continue to perform in such a fashion." The study contains a number of significant findings charging management with unsatisfactory and demoralizing performance, and since neither this study nor any prior management audit was revealed during the restart hearings, no findings were made i
by the Licensing Board as to whether performance has improved.
Further, the study dealt with maintenance and overtime issues, both of which were litigated by TMIA during the
' restart hearings and virtually dismissed by the Licensing l
Board as important issues. The study reveals that "ove r time l
. - _ - _ ~ _-
J compensation policy _and the extended hours, by far, have the greatest negative impact on morale. It is becoming an increasingly ~ serious problem, especially with the upcoming refueling and start-up activities." To someone familiar with the restart record, these findings are' highly significant, in light of the fact that the Licensing Board specifically ordered the Licensee and the Staf f to submit additional testimony _during the-hearings on the auditabiltiy-of safety-related maintenance practices.during the year 1978, witt. which they found little fault. Yet this managenent study never came to light until the trial.
In addition, with regard to the 1979 cheating episode invciving VV and 0, Judge Richard Owen's comments at p. 1742 are themselves quite revealing, where he states, "the trier of fact . . could draw the conclusion that there was a coverup of incompetence at the supervisory level here which might very well have had an ef fect upon the quality of operations in the control room on the day of the accident, III. Conclusion Th us , it takes very little in-depth review of this record to see that there are a number of new and significant items in the trial record which could impact on restart iss ues . It serves no ones purpose other than the licensee's to prevent the intervenors from making proper analysis of
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this record. TMIA will continue its review of the record available to it, and whether or not an appropriate time extenstion is granted, will attempt to provide the Commission with additional comments when its review is complete.
Respectf ully submitted, April 18, 1983 bj ' crwryv?- CAU'- M L Wise Bradford J anne Doroshow Tf4 f A
1 O ,
liNITlD STATES OF AMF.RICA NUCl. EAR REGIII.ATORY C03DilSS ION p ri.n,E li ~
In the Matter of )
) .g3 reR 18 P259 METROPI,ITAN EDISON COMPANY ) Docket No. 50-289
) , . . .
(Three Mile Island Nuclear ) a< ai a ELP "
Station, Unit 1) "' W' H
)
CERTIFICATE OF SERVICE I lereby certify that c opies of the attached Comments on BW trial transcript dated April 18, 1983 were served this 18th day of Aorti, 1983, by deposit in the U.S. Mai1, first class, postage prepaid, or hand delivered. to those on the attached malling list.
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'fXR r eanne n. , r o.d . ~
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r-4 0 .
VAILING LIST e
George F. Trowbridge, Esq. Judge Christine Kohl Shaw, Pittman, Potts & Trowbridge ASLAB 1800 M Street, N.N. U.S. Nuclea r Regulatory Washington, D.C. 20036 Commission Washington, D.C. 20555 Counsel for NRC Staff Of fice of Executive Legal Director Jordan D. Cunningham, Esq.
U.S. Nuclear Regulatory Commission Fox, Farr & Cunningham Washington, D.C. 20555 2320 North Second Street Harrisburg. PA 17110 Ms. Mar jorin M. Aamod t R.D. 5 Administ rative Judge Coatesville, PA 19320 Walter H. Jordan Atomic Safety & Licensing Administrative Judge Board Ivan W. Smith 881 West Guter Drive Chairman, Atomic Safety and Oak Ridge, Tennessee 37830 Licensing Board U.S. Nuclear Regulatory Commission Administrative Juage Washington, D.C. ?0555 Linda W. Little Atomic Safety & Licensing Gail Phelps Board TMI PIRc 5000 Hermit ano Drive 1017 Macla y St. . Haleigh, N.C. 27612 Harrisburg, PA 17102 Michael F. McBride, Esq.
Ellyn P. Weiss, Esq. LeBoeuf , Lamb. Leiby & MacRae Harmon & Weiss suite 1100 1725 Eye St., N .W . Suite 506 1333 New Hampshire Ave., N.W.
Washington, D.C. 20006 Washington, D.C. 20036 Mr. Steven C. Sholly David E. Cole, Esq.
Union of Concerned Scientists Smith & Smith, P.C.
1725 Eye St., N.W. Suite 601 2931 North Front St.
Washington, D.C. 20006 Harrisburg, PA 17110 Dr. Judy H. Johnsrud Judge John Buck Dr. Chauncey Kepford ASLAB Environmental Coalition on U.S. Nuclear Regulatory Nuclear Power Commission 433 Orlando Ave. Washington, D.C. 20555 State College, PA 16801 Administrative Judge Docketing and Service Branch Gary L. Milho11in U.S. Nuclear Regulatory Commission 4412 Greenwich Parkway, NF Washington, D.C. 20555 Washington, DC 20007 Judge Ga ry Edles , Chairman At omic Safet y & Licensing Appeal Board U.S. Nuclea r Regulatory Commission Washington, D.C. 20555 x
r a
r Nunzio J. Palladino, Chairman U.S. Nucicar Regulatory Commission Washington, D.C. 20555 Victor Gilinsky, Commissioner U.S. Nuclear Regulatory Commission Washington, D.C. 20555 John F. Ahearne, Commissioner U.S. Nuclear Regulatory Corranission Washington, D.C. 20555 Thomas M. Roberts, Coramissione r U.S. Nuclear Pegulatory Commission Washington, D.C. 20i35 Jamen K. Asselstine, Comaissioacr 1).S. Nuclear Re ;ulatary Connis sion Wa ;hiunt ac D.C. 20555 s . . .