ML20198R570

Response to 860522 Memorandum & Order Re Leak Rate Data Falsification.Objects to Portions of NRR Rept That State Conclusions of Investigators in Terms of Mgt Personnel. Certificate of Svc Encl

ML20198R570
Person / Time
Site:	Three Mile Island
Issue date:	06/06/1986
From:	Maupin M HUNTON & WILLIAMS, MILLER, G.P.
To:	Atomic Safety and Licensing Board Panel
References
CON-#286-465 LRP, NUDOCS 8606100118
Download: ML20198R570 (8)

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June 6,

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' ' I 4Y UNITED STATES OF AMERICA i NUCLEAR REGULATORY COMMISSION b Before the Presiding Board JUN 9198%3 y,73ag j,

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j INQUIRY INTO THREE MILE ) Docket No. LRP E j ISLAND UNIT 2 LEAK RATE )

DATA FALSIFICATION )

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RESPONSE OF GARY P. MILLER TO MEMORANDUM AND ORDER OF MAY 22, 1986 l

The Memorandum and Order issued by the Presiding Board in this proceeding on May 22, 1986, set June 6, 1986 as the date by which the following should be i

j filed: objections to Q) "Results of NRR's l'

Investigation and Evaluation of Ten Licensed Operators 1 Involved in TMI-2 Preaccident Leak Rate Testing j Irregularities" (the NRR Report) and Qi,)i"Three Mile Island-2: Investigation of Individual Operators I Actions Concerning the Falsification of Leak Rate Test Data" (the OI Report); proposed additional witnesses

! and documents suggested by the NRR and OI Reporter GPU [

Nuclear Corporation's proposal on prior statements; and i the Board's proposed schedule. On June 6, 1986, 1

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b Mr. Miller was advised by telephone that the Presiding Board has extended the time for responding to the OI Report.

Gary P. Miller files the following response.

1. The NRR Report. -- Mr. Miller objects to those portions of the NRR Report that state conclusions of the investigators in terms of " management personnel" or some similar formulation. These references typically allude to " management's failure to correct leak rate test procedures" or " management's attitude toward this testing" or " negligence on the part of management."

The purpose of this proceeding is to determine

" individual involvement" in the TMI Unit 2 leak rate testing. The references to " management" in the NRR Report do not assign individual responsibility and, it would seem, will not help the Presiding Board to

" develop the facts surrounding the leak rate falsifica-tions . . ." See Order and Notice of llearing, CLI-85-18, December 18, 1985.

The ambiguous references, which should be stricken, are included in at least the following places in the Report

i (a) Memorandum from Stello to the Commis-sioners, dated April 1, 1986, entitled "Results of NRR's Investigation and Evaluation of Ten Licensed Operators Involved in TMI-2 Preaccident Leak Rate 4

Testing Irregularities", page 3, the last sentence of the first paragraph under " conclusions," and the first and last sentences of the third paragraph under " conclusions."

(b) The next-to-last paragraph on page 11 of Enclosure 1 to the Memorandum described in Item (a) , above.

(c) The first and last sentences on page 12 of Enclosure 1 to the Memorandum described in Item (a), above.

(d) Enclosure 1 to Enclosure 5, page 8, the j last paragraph, the third sentence.

(e) Memorandum from Russell to Centon, dated October 15, 1985, entitled " Supplement to Joint OI/NRR Investigation and

Evaluation of Martin V. Cooper," page 3, the second paragraph.

l (f) Enclosure 8, page 4, the second i

paragraph, the last sentence.

(g) Enclosure 8, page 6, the last sentence of the first paragraph.

(h) Enclosure 1 to Enclosure 8, the fourth i paragraph, the last sentence.

(i) Enclosure 9, page 6, the last three sentences.

(j) Enclosure 10, page 5, the last paragraph.

(k) Enclosure 11, page 6, the first three sentences, i

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The NRR Report also refers to a number of attachments that are not in fact attached to the copy of the NRR Report served on Mr. Miller. It appears that the OI Report, received by Mr. Miller on June 5, 1986, does include the attachments referred to in the NRR Report.

Mr. Miller thus reserves the right to file further objections to the NRR Report that might be based on his review of these attachments when he comments on the OI Report.

2. The GPUN proposal on prior statements. --

Mr. Miller does not oppose the admission of the prior statements of the individuals listed on Attachment 1 to GPt Nuclear Corporation's Comments on the Proposed Board Definition of a " Valid" Leak Rate Test And On Use Of Prior Statements. Mr. Miller does not object to excluding these individuals from further examination in this proceeding.

3. The proposed schedule. -- Mr. Miller has no objection to the schedule proposed by the Board as supplemented by the Board's order of June 6, 1986.

4. The "no-access" rule. -- In its May 22, 1986 Memorandum and Order, the Presiding Board stated that Mr. Stier, once on the stand, would testify on

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individual responsibility as well as on technical issues. That represents a substantial change from the assumption on which the April 24 prehearing conference proceeded. This being so, Mr. Miller joins in Mr. Herbein's request, set out at Tr. 161, that the "no-access" rule not be applied as to Mr. Stier, at least with respect to his knowledge of individual responsibility.

. , Respectfully submitted, GARY P. MILLER

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By, b)lb

, Michael W. Maupin Of Counsel Micha61-W'. Maupin Maria C.' Hensley

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Hunton & Williams '

P.O. Box 1535 Richmond, Virginia 23212 Dated: June 6, 1986 i

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s June 6, 1986 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Presiding Board In the Matter of )

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INQUIRY INTO THREE MILE ISLAND) Docket No. LRP UNIT 2 LEAK RATE DATA )

FALSIFICATION )

CERTIFICATE OF SERVICE I certify that copies of the Response of Gary P.

Miller to Memorandum and Order of May 22, 1986, were served today upon the following persons by deposit in the U.S. Mail, first class, postage prepaid:

Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 t

ATTENTION: Chief, Docketing j

and Service Section l

l Administrative Judge James L. Kelly, i Chairman U.S. Nuclear Regulatory Commission Washington, D.C. 20555 i

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Administrative Judge Glenn O. Bright Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Administrative Judge Jerry R. Kline Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Ernest L. Blake, Jr., Esq.

Shaw, Pittman, Potts & Trowbridge 1800 M Street, N.W.

Washington, D.C. 20036 Jack R. Goldberg, Esq.

Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Harry H. Voigt: Esq.

LeBoeuf, Lamb, Leiby & MacRae 1333 New Hampshire Avenue, N.W.

Suite 1100 Washington, D.C. 20036-i l Smith B. Gephart, Esq.

Killian & Gephart r 216-218 Pine Street P.O. Box 886

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Harrisburg, Pennsylvania 17108 l

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James B. Burns, Esq.

Isham, Lincoln & Beale 3 First National Plaza Suite 5200 Chicago, Illinois 60602 l

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b Ms. Marjorie M. Aamodt Mr. Norman O. Aamodt Box 652 Lake Placid, New York 12946 Ms. Marjorie M. Aamodt Mr. Norman O. Aamodt 200 North Church Street Parkesburg, Pennsylvania 19365 Atomic Safety and Licensing Board Panel '

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 I

hRw Sw Michael W. Maupin, Counsdl for Gary P. Miller Dated: June 6, 1986 e

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