ML20053D316

Reply to TMI Alert Comments on Special Master 820428 Rept. ASLB Acted Properly in Inviting Miller Comments.Certificate of Svc Encl

ML20053D316
Person / Time
Site:	Three Mile Island
Issue date:	05/28/1982
From:	Geoffrey Miller METROPOLITAN EDISON CO.
To:
References
NUDOCS 8206040292
Download: ML20053D316 (5)

Text

• .

OC'q7ED

'SNDC May 28, 1982 UNITED STATES OF AMERICA '? 'M - 1 A!0:33 NUCLEAR REGULATORY COMMISSION E'

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD-In the Matter of )

)

METROPOLITAN EDISON COMPANY ) Docket No. 50-289 (Three Mile Island Nuclear ) (Restart)

Station, Unit No. 1) ) (Reopened Proceeding)

GARY P. MILLER'S REPLY TO TMIA's COMMENTS ON THE SPECIAL MASTER'S REPORT TMIA contends that (a) the Board erred in inviting certain of Licensee's employees, including Mr. Miller, to comment on the Special Master's Report (the Report) and (b) the Board should recommend that Mr. Miller be criminally prosecuted for his role in the 1979 episode involving VV and O. The Aamodts also submitted contention (a).

1. The Board acted properly in inviting Mr. Miller's Comments on the Report. The Report is potentially quite damaging to him, yet he was not a party to the proceeding.

TMIA's argument that it is prejudiced by the Board's action is without merit. With one exception, every factual contention in Mr. Miller's Comments is based on the record of the proceeding before the Special Master. TMIA was a party to that proceeding and had every opportunity to participate fully in the development of the record. The exception, of course, is Mr.

Miller's reference to the original Section A of VV's Ohhohh9 PDR j/f

e .

reexamination papers. That original is not in the record. But the Board may ignore the reference to the original Section A.

If the Board simply compares the handwriting of VV and O on the duplicate copy of Section-A that is in the record, Staff Ex.

~

26, Enclosure (3) at page 3, it will have ample evidence--without regard to the colors of ink used by VV and O--that VV could not have intended to deceive the Licensee and that Mr. Miller's conclusion to that effect was reasonable.

2. TMIA would have the Board recommend criminal prosecution for Mr. Miller on account of the 1979 episode.

The Special Master, despite his otherwise unfavorable conclusions with respect to Mr. Miller, declined to do so, and the Board plainly should not.

Mr. Miller's Comments, filed on May 19, 1982, show that on the merits there is no basis for suggesting criminal prosecution of Mr. Miller. But quite aside from the merits, we believe for reasons set out by 0 on page 5 of his Comments filed on May 21, 1982, that such a recommendation by the Board with respect to Miller would be " fundamentally inappropriate."

The Board should reject TMIA's suggestion.

Respectfully submitted, l

GARY P. MILLER By: /s/ Michael W. Maup'in Michael W. Maupin-w <r v - ~ - -- - - - - - - - - - - ,w- e - - - - ~ - ,

Of counsel Michael W. Maupin Hunton & Williams P.O. Box 1535 Richmond, Virginia 23212 DATED: May 28, 1982 l

CERTIFICATE OF SERVICE I hereby certify that I have this day served Gary P.

1 Miller's Reply to TMIA's Comments on The Special Master's Report upon the persons named below by (a) deposit of four copies with Federal Express for delivery to the Chairman and (b) deposit of one copy (or the number indicated) in the United States mail, postage prepaid, addressed to each other person listed below:

Administrative Judge Chairman, Atomic Safety &

Ivan W. Smith (4) Licensing Appeal Board Panel Chairman, Atomic Safety and U.S. Nuclear Regulatory Licensing Board Commission 4350 East-West Highway Washington, D.C. 20555 4th Floor Bethesda, Maryland 20014 Robert Adler, Esquire Karin W. Carter, Esquire Administrative Judge Assistant Attorneys General Walter H. Jordan 505 Executive House Atomic Safety & Licensing Board Post Office Box 2357 881 West Outer Drive Harrisburg, PA 17120 Oak Ridge, TN 27830 Attorney General of New Jersey Administrative Judge Attn: Thomas J. Germine, Esquire Linda W. Little Deputy Attorney General Atomic Safety & Licensing Board Division of Law - Room 316 5000 Hermitage Drive 1100 Raymond Boulevard Raleigh, NC 27612 Newark, NJ 07102 Administrative Judge John A. Levin, Zsquire Gary L. Milhollin Assistant Counsel Atomic Safety & Licensing Board Pennsylvania Public Utility 1815 Jefferson Street Commission Madison, WI 53711 Post Office Box 3265 Harrisburg, PA 17120 Jack R. Goldberg, Esquire (4)

Office of Executive Legal John E. Minnich, Chairman Director Dauphin County Board of U.S. Nuclear Regulatory Commissioners Commission Dauphin County Courthouse Washington, D.C. 20555 Front and Market Streets Harrisburg, PA 17101

Chai$ man', Atomic Safety &

Licensing Board Panel Walter W. Cohen, Esquire U.S. Nuclear Regulatory Consumer Advocate Commission Office of Consumer Advocate Washington, D.C. 20555 1425 Strawberry Square Harrisburg, PA 17127 Docketing & Service Section (3)

Office of the Secretary Ms. Louise Bradford U.S. Nuclear Regulatory TMI ALERT Commission 1011 Green Street Washington, D.C. 20555 Harrisburg, PA 17102 Jordan D. Cunningham, Esquire Ms. Gail Phelps Fox, Farr & Cunningham ANGRY 2320 North Second Street 245 West Philadelphia Street Harrisburg, PA 17110 York, PA 17404 Ellyn R. Weiss, Esquire Mr. Norman Aamodt William S. Jordan, III, Esquire R. D. 5 Harmon & Weiss Coatesville, PA 19320 1725 Eye Street, N.W., Suite 506 Washington, D.C. 20006 John Clewett, Esquire The Christic Institute Chauncey Kepford 1324 North Capitol Street Judith H. Johnsrud Washington, D.C. 20002 Environmental Coalition on i Nuclear Power Mr. Henry D. Hukill 433 Orlando Avenue Vice President State College, PA 16801 GPU Nuclear Corporation Post Office Box 480 Mr. Steven C. Sholly Middletown, PA 17057 Union of Concerned Scientists 1345 Connecticut Ave., N.W. David E. Cole, Esquire Suite 1101 Smith & Smith, P.C.

Washington, D.C. 20036 1931 N. Front Street Harrisburg, PA 17110 Robert Q. Pollard 609 Montpelier Street Michael F. McBride, Esquire Baltimore, MD 21218 LeBoeuf, Lamb, Leiby & MacRae 1333 New Hampshire Ave., N.W.

Marvin I. Lewis Suite 1100 6504 Bradford Terrace Washington, D.C. 20036 Philadelphia, PA 19149 Ernest L. Blake, Jr., Esquire Shaw, Pittman, Potts & Trowbridge 1800 M Street, N.W.

Washington, D.C. 20036 By /s/ Michael W. Maupin Michael W. Maupin, Counsel for Gary P. Miller DATED: May 28, 1982

- . - .. --