ML20009E871

Amended Proposed Reply Findings of Fact & Conclusions of Law on 810515 Mgt Issues.Agreements Reached by Util & Commonwealth of PA Constitute Fair & Reasonable Solutions to Issues.Certificate of Svc Encl

ML20009E871
Person / Time
Site:	Three Mile Island
Issue date:	07/23/1981
From:	Adler R PENNSYLVANIA, COMMONWEALTH OF
To:
References
NUDOCS 8107280503
Download: ML20009E871 (10)

Text

'

, PA 7/23/81

,[\"' q UNITED STATES OF AMERICA /

NUCLEAR REGUIATORY CDMISSION *

,vg \1 BEFORE 'EE A10MIC SAFETY AND LICEtEING BOARD '4 .[ g

@N?p In the Matter of ) 6Y Q 'M METROPOLITAN EDISON CWPAIN, )

) Docket Ib. 50-289 0)

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(Three Mile Island Ibclear ) (Restart) ,1 g Statica, Unit No. 1) ) d/

CatDNWEAL'IH OF PENNSYIf!NIA'S AMENDED 7$

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PROPOSED REPLY FINDINGS OF FACT AND JUL 2 61981 3 c

CONCLUSI0tB 0F IAW ON MANAGEMENT ISSUES {, uA INIRODUCTION 'gh

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At the July 9, 1981 session of the evidentiary hearing, the Board received into evidence a letter from Ernest L. Blake, Jr. , Counsel for i Licensee, to Robert Adler, Esquire [ Attorney for the Comorserith),

dated July 7, 1981. Licensee E::. 59; Tr. 23, 003. 'Ihis letter contained comitzents from Licensee on the staffing of operations personnel at M -1. Counsel for the Comonwealth requested and received pemission to amend the Comonwealth's proposed reply findings on management issues to propose Licensee's comitments as conditions for the restart of 'IMI-

1. Tr. 23, 008-09. 'Ihe ded14rie for filings on this issue was later established as July 23, 1981. Tr. 23, 111-12.

'Ihe Comonwealth's proposed amended reply findings follow. For purposes of clarity, the couplete text of the Comonwealth's amended findings is reproduced. Amended portions are marked in the left-hand margin. By implication, the Comonwealth withdraws proposed reply findings 4-10.

8107280503 810723 h DRADOCK05000g g 1

d I. NEGOIIATIONS BETWEEN LICENSEE AND 'IHE CGENWEAL'IH OF PENNSYLVANIA

1. The Co:moruealth of Pennsylvania submitted proposed findings ,

, of fact and conclusions of law on managenent issues on May 15, 1981.

Rather than filing proposed findings and conclusions on all management i

issues in the proceeding, the Co m onwealth elected to " advise the Comf.ssion" pursuant to its rights under 42 U.S.C. 52021 and 10 C.F.R. 52.715(c) "on specific managarant issues on which the Comonwealth perceives deficiencies that need to be remedied." Comonwealth's Proposed Management Findings at 2. 'Ihe Carmonwealth submitted proposed findings and conclusions in the following area: I. Burden of Proof on Managenent Issues, II. Additional Training Requirenents (including Licensed Operator Reexamination, IEC Evaluation of Operator Perfonnance, Simulator Training, Training for Senior Manag ment Personnel, Training in Anticipated Transients Operator Guidelines, and Training in Class 9 Accidents), III. Operational Resources (including Shift Staffing Requirements, Operational Personnel, and Radwaste Staff Requirenents),

and IV. Staff Review of Financial Qmlifications. Although the En = nwealth i in generr.1 indicated that it believed that Licensee had met its burden l

of proof on all other managanent issues in the proceeding, it did nc,e adopt the findings and conclusions proposed by any other party and reserved its right to participate as a full party on appeal.

2. After the filing of the Ommmwealth's proposed findings and conclusions on management issues, Licensee proposed that an extension be granted for proposed reply findings to issues raised by the Camonwealth, so that Licensee and the Comonwealth could engage in discussions and negotiations on these issues. In light of the general policy of the Comission lavoring the settlement of disputes between parties, this l

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extension was granted. Tr. 21, 844-54. The Board is pleased that the discussions between Licensee and the Cocoonwealth were highly productive.

As a result of these discussions, and based upon connitments made by Licensee to resolve many of the concerns raised by the Conmrawealth, the Connenwealth first agreed to withdraw its proposed findings and conclusions

, with respect to the following issues: II. Additional Training Require ents (all subissues) (1135-117) and III. Operational Resources (Radwaste Staff Requirements only) (11150-154). See Istter from Ernest L. Blake, Jr. , Counsel for Licensee to Robert W. Adle , Attorney for the Cannonwealth (June 22,1981). Licensee Ex. 56. later, based on additional discussions and comt .ments by Licensee, the Cocmonwealth agreed to widdraw it i proposed findings and conclusions with respect to the following issues:

l III. Operational Resources (renaining subissues) (11118-149). See Letter frcxn Ernest L. Blake, Jr. , Counsel for Licensea, to Robert W.

Adler, Esquire, Attarney for the Ccumonwealth (July 7,1981). Licensee Ex. 59. With respect to the Cocmonwealth's original management findings, only IV. Staff Review of Financial Qualifications remains. This issue is addressed infra.

3. h Board finds that the agreements reached by Licensee and the Conronwealth constitute fair and reasonable solutions to the issues raised in the Commonwealth's proposed findings. h Board recognizes, however, that the Connonwealth possesses no enforcement mechanism to ensure that Licensee's "conmitments" are honored, short of a motion to show cause, which is subject to the Staff's discretion. 10 C.F.R. 52.206. Accordingly, the withdrawal of the Conmonwea]th's findings was contingent upon the agreement by Licensee not to object to the imposition of Licensee's cocmitments as license conditions for the restart of DE-1.

Licensee Er. 56, at 5; Licensee Ex. 59, at 4. Moreover, Licensee agreed to make these comitments a matter of record in this proceeding. Tr.

22, 166; 23, 003. The Board agrees that this approach is appropriate.

Therefore, the Board directs that the following comitments of Licensee be enforced by the Staff as license conditions for the restart of M-1:

(1) Prior to restart, Licensee shall deconstrate to the NRC Staff that Licensec has examined on the subject matter identified in Comission Order Item 1.e. (i.e. , Category T examination), the four ranaining individuals of the thirty-cix wncm Licensee has certified for NRC licensed operator examination prior to restart, and the Staff shall include in its certification to the Comission that Licensee has couplied with this condition. The Staff is directed to review all Category T examinations utilized by Licensee for these thirty-six indivirhm1s prior to restarr. No ope n cing license shall be 'ssued to an operator who has not pwed an SC-approved Category T examination; (2) Prior to restart, Licensee shall d eonstrate to the NRC Staff that all of its licensed operators have received at least three additional days of training covering the M-2 accident subject matter, and the Staff shall include in its certification to the Comission that Licensee has couplied with this condition; (3) Prior to restart, Licensee shall d eonstrate to the NRC Staff that all of its operators who have not previously held NRC licenses have successfully cmpleted at the B6W simulator an NRC-administered examination, in addition to the written examinations and the operating examinations at M -1, and the Staff shall inc19 5 5 fts cert 2.fication to the Comission that Licensee has couplied with this condition; (4) Prior to restart, Licensee shall daronstrate to the NRC Staff that Licensee has available for use at 'IMI-1 a cathode ray tube (CRT) part-task simulator which displays tenperature and pressure, and the Staff shall include in its certification to the Comission that Licensee has complied with this condition; (5) Prior to April 1, 1982, Licensee shall prepare for bids and distribute specifit_ations for a 'IMI-l exact replica similator anticipated to be installed in 1985; (6) Prior to restart, Licensee shal' dc:onstrate to the NRC Staff that Licensee has contracted for a basic principles trainer for

'IMI-l anticipated to be installed in 1982, and the Staff shall include in its certification w the Comission that Licensee has conplied with this condition. Following availability of this trainer, Licersee shall provide for each operator as a part of annual requalification training at least one week training per year on this trainer in addition to the week each year at B&W's similator, at least until Licensee's exact replica similator is available.

(7) Prior to restart, Licensee shall d eonstrate to the NRC Staff that members of Licensee's senior management who have joined Licensee since July 1, 1979, and who are designated to act as Emergency I

Directors or as Emergency Support Directors, have received a formal training course addressing s'te-specific plant design features, and the Staff shall include in its certification to the Conmission that Licensee has complied with this condition.

(8) Licensee shall conduct training of all of its operators in A'IOG prior to A'IOG implementation.

(9) Prior to restart, the Staff shall impose and enforce the following license conditions for the operation of M-1:

(a) At all times when the plant temperature is above 2000 F (cold shutdown), Licensee will man all shifts at 'IMI-l with a minimum of one PMC-licensed SRO, who will act as Shift Supervisor or as Shift For; man, a second individual, either IEC-licensed as an SRO or NRC-licensed as an RO and trained as an SRO, who will act as Shift Supervisor or as Shift Forman, and a minimum of two NRC-licersed R0s who will act as Control Room Operators.

(b) Licensee shall employ all reasonable efforts to ensure personnel will be schede 1ed on a six-shift rotation, so long as there is a sufficient neber of qualified individuals who normally stand shift watches to man six shifts, each of which meets (a),

above (6 SR0s and 18 Ros, recognizing that SR0s may act as either SR0s or R0s).

(c) In the event there is an i sufficient nmber of qualified personnel who normally stand shift watches available to meet (b), above, Licensee shall schedule its normally on-shift plant operating personnel on a five-shift schedule, each of which meets (a), above, unless additional relief is granted pursuant to i

(e), below.

(d) In the event there is an insufficient nurrber of qualified operators who normally stand shift watches available to meet (c), above, Licensee may employ on shift qualified and licensed indiviam1s from its organizations who do not normally stand shift watches, in addition to those operators who do normally stand shift watches, to meet (c), above.

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e (e) In the event there is an insufficient number of qualified operators in Licensee's organization to meet (d), etmve, for any period longer than 10 consecutive days, Licensee shall infonn the Comnonwealth sad the NRC and seek from the IRC their concurrence to man M -1 shifts and operate M -1 for a limited period of time with available qualified and licensed personnel, specifically bearing in mind the then-current and applicable IEC criteria or guidance on overtime policies.

(f) At all Hwa when M-1 is operating at power levels above 207. rated power and there is only one licensed SRO on shift, the SRO-licensed individual on shift shall remain within the control room (including the shift. suparvisor's office) or within the plant at a location from which tle control room is accessible in less than five minutes. Ebrther, at all times when M-1 is operating at power levels above 20% rated power and the SRO-licensed individual on shift is not in the control room (including i.le shift supervisor's office), Licensee shall ensure that the control room (including the shift supervisor's office) is manned by a minimm of l 2 Ros, acting as Control Room Operators, a third individual with an l

l RO license and SRO-trained, and by the on-shift STA.

I (g) Licensee shall suploy all reasonable efforts to maintain at all Hwa sufficient nuh of individuals in training

to become licensed operators in order to account for possible l future attrition of licensed operators. To this end, Licensee l

l shall employ all reasonable efforts to maintain in training at all 1

times that number of trainees which, when combined with the actual 1

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numbers of NRC-licensed SR0s and R0s in Licensee's organization, will total at least 30. Licensee shall report to the Cannonwealth and the NRC at least annually hever this condition is not met, and shall describe to the NRC the corrective actions being enployed by Licensee to achieve couplia.re.

Respectfully submitted, i

RDBFRT W. ADER J h ~

Attorney for the Conmonwealth

UNITED STATES OF AMERICA NUCEAR REGULATORY O@ MISSION BEFORE 'IHE ATCHIC SAFE 1Y AND LICENSING BOARD _

In the Matter of )

)

METROPOLITAN EDISON COMPANY, )

) Docket No. 50-289 (Three Mile Island Nuclear ) (Restqrt)

Station, thit No.1) )

u2cuj.CA'IE OF SERVIG I hereby certify that copies of the attached "Catnonwealth of Pennsylvania's Amended Proposed Reply Findings of Fact and Conclusions of Iaw on Managenent Iesues" w.re served on the parties on the attached service list this 23rd day of July,1981, by deposit in the U.S. mail, first class postage prepaid.

A ROHULT W. ADER b f <!L '

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O UNIHD STAHS OF AMERICA NUCIIAR REGLTAM CIINISSIGI BDME WE AMC SAFEIY RD LICE 2SI!C BOARD In the Matter of )

)

FEIROPOLITRI EDISCH CIIPRlY, )

) Docket !b. 50-289 (Three Mile Island Ibclear ) (Restart)

Station, thit !b.1) )

SDNICE LIST Ceorge F. Trowbridge, Esquire Dr. Linda W. Little Shau, Pitt=nn, Pbets & Trowbridge Atomic Safety arut Licensing Board Panel 1800 M Street, N.W. 5000 Hermitage Drive Washington, D.C. 20006 Raleigh, North Carolina 27t'12 Ms. Marjorie M. Aamodt Docketing and Service Section R.D. #5 Office of the Secretary Coatesville, Pennsylvania 19320 U.S. Ibclear F-ley Caccission Wshington, D.C. 20555 Ms. Gail Bradford.

Anti-Ibclear Group Representing Ellyn R. Weiss York (A: CRY) Sheldon, Harmon, Roisman & Weiss 245 W. Rtiladelphia Street 1725 I Street, N.W., Suite 506 York, Pennsylvania 17404 Wshiagton, D.C. 20006 Ms. Frieda Berryhill, Gairran Karin P. Sheldon, Esquire (PR E)

Coalition for !belear Power Sheldon, Harron, Roisman & Weiss Plant PostponSDEnt 1725 I Street, N.W., Suite 506 2610 Crendon Drive mshington, D.C. 20006 Wilmington, Delaware 19808 James A. Tourtellotte, Esquire Mr. Robert Q. Pollard Office of the Executive legal Director

. 609 !bntpelier Street U.S. Ibclear Regulatory Per H nsion Baltimore, Maryland 21218 Wahingtm, D.C. 20555 Walter W. Cohen, Esquire Join A. Levin, Esquire Consumer Advocate Assistant Counsel Departmmt of Justice Pennsylvartia Public Utility Cacmission Strawberry Square, 14th Floor P.O. Box 3265 Harrisburg, Pennsylvania 17127 Harrisburg, Penn.,.ylvania 17120 Dr. C21auncey Kepford Robert L. Knupp, Esquire Judith H. Johnstud Assistant Solicitor, County of Dauphin Envirornental Coalition on Ibclear P.O. Box P, 407 lbrth Front Street Power Harrisburg, Pennsylvania 17108 413 Orlar.do Avenue State College, Pennsylvania 16801 John E. Minnich Chainaan Dauphin Cocaty Board of Carcissioners Mr. Steven C. SMlly Dauphin County Courthouse Lhion of Concer+1ed Scierttists Front and Market Streets 1725 I Street, N.W., Suite 601 Harrisburg, Parurylvania 17101 Washington, D.C. 20006 Jordan D. O.nninghan, Esquire Ms. Louise Bradford Attorney for newberry Township

'IMI Alert T.M.I. Steedng Ca:mittee 315 Peffer Street 2320 tbrth Second Street Harrisburg, Pennsylvania 17102 Harrisburg, Pennsylvania 17110 Ivan W. Scith, Esquire, Gairman l'arvin I. Isis Atocric Safety and Licensing Board Panel 6504 Bradford Terrace U.S. Ibclear Regulatory Caccission Philadelphia, Pennsylvania 19149 Washington, D.C. 20555 Jane Ime Dr. Wlter H. Jordan R.D. 3. Mc 3521 Atocic Safety arr! Licensing Board Panel Etters, Pemsylvania 17319 881 Wst Outer Drive Oak Ridge, Tennesset. 37830 Thacss J. Gemine. E=luire Deputy Attorney General, Division of Lad Rocct316, 1100 Rayroixi Boulevard

!!ewark, Fw Jersey 07102