ML20149M457

Forwards Listed Documents Re Hartman Investigation Concerning TMI-2 Allegations.W/O Encl

ML20149M457
Person / Time
Site:	Three Mile Island
Issue date:	04/22/1983
From:	Sniezek J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To:	Case E Office of Nuclear Reactor Regulation
Shared Package
ML20149M377	List: ML20149M375 ML20149M390 ML20149M420 ML20149M434 ML20149M444 ML20149M457
References
FOIA-87-728, FOIA-87-853 NUDOCS 8802260056
Download: ML20149M457 (1)

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APR 22 M B NOTE TO: Ed Case NRA[

FROM: Jim Sniezek, IE g Here are the documents we have regarding the Hartman matter. Since they are recent documents, I believe you already have them. If you need a copy, you can get them from Jane Axelrad.

3/14/83 J. J. Cumings memo to Commissioners, Status of Hartman Investigation 3/ 30/83 Transcript of Closed Connission Meeting 3/16/83 Gilinsky memo to Comissioners 3/25/83 Palladino memo to J. J. Cumings, TMI-2 Allegations M

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8802260056 080219 PDR FOIA CONNORO7-728 PDR

UNITED STATES OF MERICA

- NUCLEAR REGULATORY C0mlSS10N S' BEFoet THE C0!H15510N In the Matter of )

Docket No. 50-289 METROPOLITAN EDISON COMPANY, ET AL.

)l l (Restart) l (Three Mile Island Nuclear Station,lJ UnitNo.1) l NRC STAFF'S COMMENTS ON THE l

ANALYSIS OF GPU Y. B&W TRANSCRIPT l

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l April 18, 1983 Jack R. Goldberg Counsel for NRC Staff Y '$5h$A _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

1. UNITED STATES OF AMERICA NUCLEAR REGULATORY COMKISSION BEFORE THE COMMISSION '

r In the Matter of o )l METROPOLITAN EDISON COMPANY, ET AL.h Docket No. 50-289 i (Restart)

(Three Mile Island Nuclear Station. l Unit No.1) l NRC STAFF'S COMMENTS ON THE ANALYSIS OF GPU V. B&W TRANSCRIPT

1. INTRODUCTION By Memorandum dated March 16, 1983, the Office' of the Secretary advised the parties to the THI-1 restart proceeding that the Commission had decided to permit the parties to submit ' written conments on the Commission staff's analysis of the trial transcript in the GPU v. B&k' case" not later than 15 days af ter the service of the analysis on the parties. On March 29,1983, the parties were served with the "Report of the Review of the Babcock and Wilcox - General Public Utilities Lawsuit Trial Court Record" dated March 28,1983 ("Report").1/ The Staff hereby submits the following conwents.

i jl/ The review of the GPU v. B&W record and the preparation of the Report was done by~i

• review team" under the direction of the Deputy Executive Director for Regional Operations and Generic Requirements. Report at 1. The NRC Staff,'as a party to the TMl-1 restart proceeding, provided no input for the Report.

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11. DISCUSSION A.

The Report in General In connection with the Comission's imediate effect in this TM1-1 restart proceeding, the Staff submitted conn.nts on .

27,1981, imediate ef fectiveness of the t.icensing Board's August Plant De',ign and Procedures.

Management PID,U its December 14,1981, 27,1982 Cheating Separation and Emergency Planning PID.M and its July d In sumary, the Staff stated its view that the findings reflecte P10.U in those PIDs, if accepted by the Comission, remove the corre It therefore was bases for the innediately effective shutdown order. ide the Staff's position that those three partial initial decisions prov The the basis for the Connission's lif ting the TMI-1 shutdown order.

Except as Staff has reviewed the Report on the GPU v. BIN record. h nging f

explained in Part 11.E. below, the Report providests.no basis, or the Staff's position reflected in its imediate effectiveness comen 2/

NRC Staff Coments on immediate Effectiveness with Respect t

~ Licensing Board11, Decision 1981.

on Management Competence ii

/Dpera Training, September on 1 mediate Iffectiveness with Tispect to28, Licensing 1981. Board D on Management Competence / Operator Training, Septe# ~

NRC Coments on 1 mediate Effectiveness with Respec*

3f Board Decision on Hardware / Design Issues Unit Separat Tebruary 4,1982.

Emergency Planning January 28,100. Parties' Come 4/

HRC Staff Coments on 1 mediate Effectiveness 20, 1982.with Respec

- Licensing Board Decision on Cheating incidents, August See also NRC Staff Reply to Parties" Coments on 1 mediate UTectWeness with Respect to Licensing Board Decision incidents, September 1,1982.

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5. Falsification of Leak Rate Calculationi The Report briefly discusses the issue of falsification of leak ratecalculations(theHartmanallegations). Report at 17-18. A brief sumary of the background of the Department of Justice (00J) 'Inyestigation into the allegation of falsification of leak rate data concerning TM1 Unit 2 was included in NRC Staff documents (NUREG-0680, Supp. Nos. I and 2) entered into evidence in the TMI-1 restart proceeding in connection withCLI-80-5(March 6,1980) Issue (10). Issue (10)concernswhether the actions of Licensee's management (or any individual member thereof) in connection with the accident at Unit 2 reveal deficiencies which must be corrected before Unit I can be operated safely. The Staff stated that the NRC "will resume its investigation of the concerns when DOJ has completed its investigation of the matter " NUREG-0680, Supp. No. 2.

The Staff concluded that based on its limited review of the information then available "there appears to be no direct connection with the Unit 2 ,

accident," and that "the identified concerns appear to be only of historical significance. 5_/ Id. The Licensing Board, in its Management PID, quoted from NUREG-0680, Supp. No. 2, and concluded: 'Due to our limited information and given the posture of an ongoing DOJ investigation, we have no basis to conclude that restart should not be permitted until the DOJ investigation is complete." 14 NRC 381, 557. The Licensing 5/ In retrospect the wording of this last conclusion in Supplement No. 2 should have been more precisely stated to be that the actions taken by the Licensee in light of the Hartman allegations were adequate to address the concerns identified.

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. Board further concluded that "[slubject to this [ leak rate] matter," and except a , identified in the detailed findings, there were no deficiencies in GPU management arising from the Board's inquiry into GPU's response to the Unit 2 accident which have not been corrected and which must be corrected before therit is reasonable assurance that Unit 1 can be operated safely. Id.

Subsequently, in a reopened hearing in response to the discovery of cheating by THI-1 operators on the NRC's operator licensing examination, the TMI-1 restart proceeding focused specifically on the character and The Hartman integrity of the TMI-1 managerwat and operations staff.

allegations, among other things, touch upon the competence and integrity of THI management. Thus, to insure that these allegations do not present health and safety concerns which require resolution prior to restart, the Staff is initiating actions to revalidate the NRC Staf,f position, supporting TMI-1 restart, on the management integrity issue. These actions include an evaluation of the effectiveness of the steps GPU has taken to insure adherence to station operating procedures and a review of current TMI-1 personnel and their current responsibilities vis-a-vis their responsibilities during the time frame of the Hartman allegations.

Upon completion of this effort, now estimated to be mid-June, the NRC Staff will advise the Comission of the results.

In addition, the Staff will review its position on management and cheating issues in light of any additional information it obtains from DOJ after the DOJ investigation is completed.N Subject to DOJ agreement, 6/ The Staf f also will seek 00J clearance to make appropriate notifica-tions concerning relevant documents currently in the possession of the Staff prior to the completion of the 00J investigation if such notifications do not compromise the DOJ investigation.

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th'e Staff will promptly make appropriate notifications of any significant new infonetion that it obtains.M III. CONCLUSION ,

Except as explained herein, the Report on the GPU v. BW record provides no basis for th3nging the Staff's position that the Comission can authorize the restart of TMI-1 based on the Licensing Board's three partial initial decisions. Because the Hartman allegations do touch upon management competence and integrity, however, the Staff is initiating a program to revalidate its position on management integrity supporting THI-1 restart and will advise the Comission of the results before restart. The Staff also will review its position on management and ch' eating issues in light of the information it receives after the D0J investigation is complete and, with DOJ agreement, wil,1 promptly make appropriate notifications of any significant new information.

Respectfully submitted, ack R. Goldberg Counsel for NRC Staff Dated at Bethesda, Maryland this 18th day of April, 1983 1

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Bas'ed on the additional information obtained, the Staff will initiate enforcement action if appropriate.

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- UNITrn STATES OF AMERICA

- NUCLEAR REGULATORY COMMISSION BEFORE THE COW.lSSION In the Matter of )

METROPOLITAN EDISON COMPANY, ET AL. )> Docket No. 50-289 (Restart)

(Three Mile Island Nuclear Station,)J UnitNo.1) )

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S COMMENTS ON THE ANALYSIS OF GPU V. B&W TRAt: SCRIP" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, by deposit in the Nuclear Regulatory Comission's internal mail system, this 18th day of April,1983:

• Samuel J. Chilk

• Christine M. Kohl Secretary of the Comission Administrative Judge U.S. Nuclear Regulatory Comission Atomic Safety & Licensing Appeal Washington, DC 20555 Board U.S. Nuclear Regulatory Comission

• Leonard Bickwit, General Counsel Washington, DC 20555 U.S. Nuclear Regulatory Comission Washington, DC 20555

• John H. Buck Administrative Judge

• Ivan W. Smith Atomic Safety & Licensing Appeal Administrative Judge Board Atomic Safety & Licensing Board U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washington, DC 20555 Washington, DC 20555 George F. Trowbridge, Esq.

. Dr. Walter H. Jordan Shaw, Pittman, Potts & Trowbridge Administrative Judge 1800 M Street, NW 881 W. Outer Drive Washingten. DC 20036

- Oak Ridge Tennessee 37330 Robert Adler, Esq.

Dr. Linda W. Little 505 Executive House

- Administrative Judge P. O. Box 2357 5000 Hennitage Drive Harrisburg, PA 17120 Raleigb, North Carolina 27612 Mr. . Thomas Gerusky

• Gary J. Edles, Chairman Bureau of Radiation Protection Atomic Safety & Licensing Appeal Dept. of Environmental Resources Board P. O. Box 2063 U.S. Nuclear Regula'.ory Comission Harrisburg, PA 17120 Washington,DC 20555 e

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. l Gary L. Milhollin, Esq. Honorable Mark Cohen 4412 Greenwich Parkway, NW 512 0-3 Main Capital Building Washington, DC 20007 Harrisburg, PA 17120 l Mr. Karvin I. Lewis William S. Jordan, III, Esq.

. 6504 Bradford Terrace Harmon & Weiss Philadelphia, PA 19149 1725 I Street, NW .

Suite 506 -

Mr. C. W. Smyth, Supervisor Washington, DC 20006 Licensing TMI-1 Three Mile Island Nuclear Station John Levin, Esq.

P. O. Box 480

• Pennsylvania Public Utilities Com.

Middletown, PA 17057 Box 3265 Harrisburg, PA 17120 Ms. Marjorie Aamodt R.D. f5 Jordan D. Cunningham, Esq.

Coatesv111e, PA 19320 Fox, Farr and Cunningham 2320 North 2nd Street Gail Phelps Harrisburg, PA 17110 ANGRY /THI PIRC 1037 Maclay Street

• Louise Bradford Harrisburg, PA 17103 Three Mile Island Alert 1011 Green Street Allen R. Carter, Chairman Harrisburg, PA 17102 Joint Legislative Comittee on Energy Post Office Box 142 Ms. Ellyn R. Weiss suite 513 Harmon & Weiss Senate Gressette Building 1725 I Street, NW Columbia, South Carolina 29?M Suite 506 Washington, DC 20006 Chauncey Kepford

,ludith Johnsrud Mr. Steven C. Shelly Environmental Coalition on Nuclear Power Union of Concerned Scientists 433 Orlando Avenue 1346 Connecticut Avenue, NW State College, PA 16801 Dupont Circle Build' o, Suite 1101 Washingtor., DC 2003t, Ms. Frieda Berryhill, Chairman Coalition for Nuclear Power Plant *Dr. Lawrence R. Quarles Postponement Atomic Safety & Licensing Appeal 2610 Grendon Drive Board Wilmington, Delaware 19808 U.S. Nuclear Regulatory Comission Washington, DC 20555 i

Mr. Henry D. Hukill l Vice President

• Judge Reginald L. Gotchy GPU Nuclear Corporation Atomic Safety & Licensing Appeal Post Office Box 480 Board Middletown, PA 17057 U.S. Nuclear Regulatory Comission Washington, DC 20555

, Michael McBride, Esq. .

! LeBoeuf, Lacb, Leiby & McRae Ms. Jane Lee l Suite 1100 R.D. 3; Box 3521 1333 New H4mpshire Avenue, NW Etters, PA 17319 Washington, DC 20036 l

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. Devid E. Cole

• Atomic Safety & Licensing Smith & Li.~.th, P.L.

Board Panel Riverside Law Center U.S. Nuclear Regulatory Commission 2931 H. Front Street Washington, DC 20555 Harrisburg, PA 17110

• Atomic Safety and Licensing Appeal Michael W. Maupin, Esquire Board Panel ,

Hunton & Williams U.S. Nuclear Regulatory Commission l

, 707 East Main Street Washington, DC 20555 l P. O. Box 1535 Richmond, VA 23212 i

• Docketing & Service Section Office of the Secretary U.S. Nuclear Regulatory Commissior.

Washington, DC 20555 pack R. Goldberg ""

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Counsel for NRC Staff l

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i DOC-SEARCH ASSOCIATES P.O. Box 7 Cabin John, r,u 20818 October 23, s987 Donnie H. Grimsley, Director Division of Rules and Records FREEDOM OF US INFORMATDv Office of Administration U.S. Nuclear Regulatory Commission Washington, D.C.

• ]Idkj' 20555 de g ,

Dear Mr. Grimsley:

Pursuant to the Freedom of Information Act, I request that you make available, by placement in the Public Document Room at 1717 H Street, N.W., all documents regarding internal and/or external correspondence / communications to and from the Nuclear Regulatory ,

Commission and Mr. Henry Myers, Congressional Staff, during the time periods of 1984, 1985, 1986 and 1987. Please list both the recipient and the author of these documents.

For the purposes of this request, "document" is defined to include by not be limited to drafts and final versions of memoranda, meeting and trip reports, reports of telephone conversations, transcripts, notes, letters, records, graphs and charts.

Thank you.

Sincerely, Lynn Connor

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DOC-SEARCH ASSOCIATES P.O. Box 7 Cabin John, MD 20818 December 7, 1987 Donnie H. Grimsley, Director Division of Rules and Records CI REQUESI Office of Administration U.S. Nuclear Regulatory Commission FNTA"d7*[dj Washington, D.C. 20555 ld /E"O O -8 7

Dear Mr. Grimsley:

This is an update to Freedom of Information Act Request 87-728.

Pursuant to the Freedom of Information Act, I request that you make available, by placement in the Public Document Room at 1717 H Street, N.W., all documents regarding internal and/or external correspondence / communications to and from the Nuclear Regulatory Commission and Mr. Henry Myers, Congressional Staff, during time periods of 1984, 1985, 1986 and 1987. Please list bot'h the recipient and the author of these documents.

For the purposes of this request, "document" is defined to include but not be limited to drafts and final versions of memoranda, meeting and trip reports, reports of telephone conversations, charts.

transcripts, notes, letters, records, graphs and Thank you.

Sincerely,

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'% k Lynn Connor s***#~"' _

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