ML20024A701

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Motions to Provide Info & to Lift Order of Confidentiality of Reopened Hearing.Order of Confidentiality Should Be Lifted to Permit Discussion of Staffing Per Dircks & Dieckamp Ltrs.Certificate of Svc Encl
ML20024A701
Person / Time
Site: Three Mile Island Constellation icon.png
Issue date: 06/20/1983
From: Aamodt M
AAMODTS
To:
NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
ISSUANCES-SP, NUDOCS 8306220068
Download: ML20024A701 (5)
v • d • e


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AAM - 6/20/83

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UNITED STATES OF AMERICA W '

NUCLEAR REGUIATORY COMMISSION b

.BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL ld RD g g i g33s ;_

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In the Matter of 9 u c.

D, 4ln METROPOLITAN EDISON COMPANY Docket 50-28 (Three Mile Island Nuclear .

. Generating Station, Unit 1) _ , ._. ,

1 AAMODT MOTIONS FOR PROVISION OF INFOREATION

. AND TO LIFT ORDER OF CONFIDENTIALITY OF REOPENED HEARING

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The Appeal Board by Order of June 16, 1983 has set a time (July 20, 1983) to hear oral arguments concerning three motions to reopen the record of the Restart Proceeding. In addition, comments concerning new information (specifically Tim Martin's assertion on May 24, Direk's letter of June '7 and Dieckamp's I

letter of June 10) in relation to the motions to reopen are invited to be filed by July 1, 1983. In undertaking these tasks, we motion for the provision of the following information:

1. All information the Department of Justice has pro,vided to NRC concerning the Hartman matter.
2. The action within the DOJ investigation concerning the alleged undue influence.of GPU attorneys. The DOJ is not opposed to a motion to obtain this information.
3. All NRC correspondence, interviews and investigations .

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/ _of_ ___Hartman the matter, including data, calculations and reports.__

4. Information concerning allegations of further cheating on tests which was the subject of a memorandum of February 1, 1983 from Darrell G. Eisenhaut to the Commissioners and which information j was not .provided to us as requested in our letter to Mr. Eisenhaut of May 3, 1983.

8306220068 830620 PDR ADOCK 05000289 PDR G

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5. Information provided to Inspection and Enforcement concerning their investigation of the allegations of the three engineers involved ~in the TMI-2 cleanup. We have been unable to obtain

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any affidavit of Isrry King. ~

6. Information generated by the I&E investigation of the allegations of the three engineers.
7. . All information concerning alleged falsification of training records at TMI-2, the subject of Board Notification 83-71 i 8. The underlying data of the RHR study that is'being provided to the Staff. .
9. All communications between NRC and Inicensee concerning the . Hartman ratter.
10. The resumes of all new employees considered in the Dircks and Dieckamp letters. By ?new", we mean to the Restart Proceeding.

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Our motions to obtain information are made as a party to the Restart Proceeding pursuant to 50 CPR 2.744. Se

  • information requests made cannot be denie.d under 50 CPR 2.790.

Se NRC policy provides that the right of persons properly and I directly concerned to inspect a document should not be denied

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to protect the confidentiality of persons or 'need for secrecy in particular matters. 50 CFR 2.790(b)(6)<

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t All motions (1 - 8) are based on NRC policy as stated in f the United States Nuclear Reguletory Commission Staff Practice and Procedure Digest, NUREG-0386, Section 4.4 :.

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. , 4. 4 Notice of Relevant.Significant Developments ,

4.4(1) Duty to Infom Licensing Board ,

The NRC Staff has an obligation to lay all relevant materials before i the Board to enable it to adequately dispose of the issues before it. Consolidated Edisor. Co. of N.Y. (Indian Point Station, Units 1, 2 & 3), CLI-77-2, 5 NRC 13 (1977). Moreover..the_,S_taff is obligated,

.to make every effort promptly to report newly discovered important

!1nformation or significant developments related, t'o la proceeding t,o the presiding Licensing Board and the parties. This, duty to report arises immediately upon.the Staff's discovery of the information and, ,

. the Staff is not to delay'in reporting until it has completed its ,

.o'wn evaluation *of the matter. Virginia Electric & Power Co. (North Anna Power Sta' tion, Units l'& 2)..CLI-76-22, 4 NifC 480, 491 at n.11

-(1976)'c This same obligation extends to all parties, each of whom has an affirmative duty to. keep. Boards advised of significant changes and developments relevant to'thf'p~roceeding.- Duke Power Co. (Alvin Wi%'gtTe' Nuclear Plant, Units T&*2), ALAB-291, 2 NRC 404,408 .

- = Duke' Power'Ca (William B.*HcGuire Nuclear Station, Units 1 (1975);

& I2), -ALX5-143, 6 AEf623,. 625-26 (1973). ,

_ . . . . . g Concerning (1), the Staff has requested this information in order to revalidate their position on management integrity. .

Dircks Memoandum May 19, 1983, page 2.

Concerning (2), this motion was denied by the Commission 4 .

i prior to the Commission being informed by D0J that they had no i

l objection to providing acknowledgement of May 24 that DOJ information was relevant to the Restart Proceeding. May 24

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Meeting Tr. 25,26. -

l Concerning (9), we would determine the extent to which our

! interests as a party have been affected pursuant to 10 CPR 2.714, 2.740 and 2.790.

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We-motion that the order of Confidentiality accorded totthe operators who testified in the Reopened Proceeding be lifted.

inoorder to discuss the information concerning staffing provided in the Dircks and Dieckamp letters.

Respectfully submitted, -

M4 Its b ec.c Q [

June 20, 1983 MarjorkeM.Aamodt e

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n This is to cettify that the document AANODT MOTIONS FOR FR0 VISION OF INFORMATION AND TO LIFT ORDER OF CONFIDENTIALITY OF REOPENED HEARING was served by hand on the Service List marked

  • and the remainder by d sit in U. S. Mail First Class.

June 21, 1983 -

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Marjo[ fem.Aamodt Service List -

0 Service & Docketing Branch

  • TMIA U. S. Nuclear Regulatory Commission 1037 Maclay Street Washington, D. C. 20555 Harrisburg, PA 17103 Chairman Nunzio Palladino

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Wa shington, D. C. 20006 Commissioner John Ahearne U. S. Nuclear Regulatory Commission Robert Adler, Esq.

Wa shington, D. C. 20555 505 Executive House Commissioner Victor Gilinsky P. O. Box 2357 Harrisburg, PA 17120 U. S. Nuclear Regulatory Commission Wa shington, D. C. 20555 Judge Gary D. Milhollin

, 4412 Greenwich Parkway, N. W.

Commissioner Thomas Roberts Washington, D. C. 20007 U. S. Nuclear Regulatory Commission Wa shington, D. C. 20555 -

Jane Lee 0 183 Valley Road Commissioner James Asselstine Etters, PA 17319 U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Marvin I. Lewis

  • 6504 Bradford Terrace Atomic Safety & Dicensing Appeal Board Ihiladelphia PA 19149 U. S. Nuclear Regulatory Commission Wa shington, D. C. 20555 James Hurst Att:, Chairman Administrative Judge PANE Gary J. Edles 617 Briarcliff Road .
  • Middletown, PA 17057 Atomic Safety & Ideensing Board Panel ,

U. S. Nuclear Regulatory Commission John E. Minnich i

Wa shington, D. C. 20555 Chairman, Dauphin ~ County Att: Chairman Administrative Judge Board of Commissioners Ivan W. Smith Dauphin County Courthouse

  • Jack Goldberg, Esq. Front & Market Streets Harrisburg, PA 17101 Legal Offices U. S. Nuclear Regulatory Commission Washington, D. C. 20555 ^
  • G. F. Trowbridge, Esq.

3 haw, Pittman, Potts & Trowbridge 1600 M Street, N. W.

Washington, D. C. 20036

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