ML20100C222

Informs That C Husted Formally Requests That Hearing Convene Re ASLB Condition Barring C Husted from Supervisory Responsibilities,Per Commission 850225 Order

ML20100C222
Person / Time
Site:	Three Mile Island
Issue date:	03/25/1985
From:	Bauser D External Citizen/Individual/Media (Affiliation Not Assigned), HUSTED, C.A., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Asselstine J, Palladino N, Roberts T Atomic Safety and Licensing Board Panel, NRC COMMISSION (OCM)
References
CON-#185-271 850325, CH, CLI-85-002, CLI-85-2, NUDOCS 8503280773
Download: ML20100C222 (3)

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Re Opportunity for Hearing Provided to Mr. Charles Husted in CLI-85-2

Dear Chairman Palladino and fellow Commissioners:

In its February 25, 1985 Order in the Three Mile Island, Unit No. 1 restart docket, the Commission provided to Mr.

Charles Husted, an employee of GPU Nuclear Corporation and for-merly an operator and training supervisor at TMI-1, an opportu-nity to request a hearing. CLI-85-2 (Feb. 25, 1985), slip op.

at 54. Mr.-Husted hereby formally requests that such a hearing be convened.

The issue identified for hearing in CLI-85-2 is "whether the Appeal Board's condition barring [Mr. Husted] from supervi-sory responsibilities insofar as the training of non-licensed personnel is concerned'should be vacated." Id. Mr. Husted re-quests that, in addition to addressing Mr. Husted's serving as a non-licensed training supervisor, the Commission specify that D3<8 RM Q **835! 88888lp P -

SHAw, PITTM AN, PoTTs & TROWB RIDGE A PARTNERSMtP tNCLUD8NG PROFESSONAL CORPORAftONS Commissioner Nunzio J. Palladino Commissioner Thomas M. Roberts Commissioner James K. Asselstine Commissioner Frederich M. Bernthal Commissioner Lando W. Zech March 25, 1985 Page 2 the hearing will address "whether Mr. Husted is barred by con-cerns about his attitude or integrity from serving as an NRC licensed operator, or a licensed operator instructor or training supervisor." Consideration of the same factual is-suesl / that ultimately led to the Appeal Board's condition on Mr. Husted's employment also pertain to the adequacy of Mr.

Husted's integrity and attitude to serve as a TMI-l licensed operator, and a licensed operator training instructor and su-pervisor. This is because the questions that were raised about Mr. Husted's ability to serve in a licensed capacity at TMI-l are what subsequently resulted in the Appeal Board's decision to not allow Mr. Husted to serve as the supervisor of non-licensed operator training. See ALAB-772, 19 N.R.C. 1193, 1223-24 (1984). Thus, consideration of the Appeal Board's con-dition on Mr. Husted necessarily entails consideration of these other matters, as well. Furthermore, while the scope of the hearing and commitment of Commission resources would be the same, the potential benefit to Mr. Husted of including this second issue in the proceeding would be substantial. Fundamen-

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tal fairness suggests that Mr. Husted be afforded the opportu-nity to completely clear his name and to fully establish his professional and personal integrity, particularly when the re-quest is likely to necessitate no additional commitment of agency time or resources and its genesis is an NRC proceeding.

Mr. Husted has discussed this matter with GPU Nuclear Cor-poration and with the Commonwealth of Pennsylvania, each of whom signed a Stipulation on July 6, 1983, in which it was agreed that Mr. Husted would not be utilized to operate TMI-l or to train TMI-1 operating license holders or trainees.

Prior to the Stipulation, GPU Nuclear Corporation had been supportive of Mr. Husted. GPU Nuclear now has indicated to Mr.

Husted that it has no objection to the scope of the hearing as requested herein by Mr. Husted.

1/ The issues raised during the restart proceeding about Mr.

Husted were: (1) whether Mr. Husted solicited an answer to an exam question from another operator during the April, 1981 NRC written examination; (2) whether Mr. Husted gave testimony be-fore the Special Master that was not forthright; (3) whether Mr. Husted displayed an unacceptable attitude towards the hear-ing; and (4) whether Mr. Husted failed to cooperate with NRC investigators. See LBP-82-34B, 15 N.R.C. 918, 957-61 (11 101-111), 1045-46 (11 316-317); LBP-82-56, 16 N.R.C. 281, 315-20 (11 2148-2168).

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SHAW, PITTMAN, PoTTs & TROWBRIDGE a PARTNER $ Map #NCLWOtNG PeortSSsONAL CommonATsONS Commissioner Nunzio J. Palladino Commissioner Thomas M. Roberts Commissioner James K. Asselstine Commissioner Frederick M. Bernthal Commissioner Lando W. Zech March 25, 1985 Page 3 Prior to the stipulation the Commonwealth's position was that Mr. Husted ought not be permitted to operate TMI-l or to teach licensed operators or trainees "pending a hearing" on Mr.

Husted's ethical and attitudinal qualifications to do so, ex-pressly endorsing Mr. Husted's "due process" rights with re-spect to removal of his operator license. Commonwealth of Pennsylvania's Brief in Support of Exceptions to the Atomic Safety and Licensing Board Partial Initial Decision Dated July 27, 1982 (Reopened Proceeding - Operator Cheating), September 30, 1982, at 32-33; Commonwealth of Pennsylvania's August 20, 1982 Comments on the Immediate Effectiveness of the ASLB Par-tial Initial Decision (Reopened Proceeding), July 27, 1982 at 2, 5-6. That is the hearing Mr. Husted now requests. Mr.

Husted understands that it is the Commonwealth's position now, however, that while it has no objection to a proceeding which would allow the NRC to resolve the issues which led to the Ap-peal Board's condition concerning Mr. Husted, it cannot agree in advance of the proceeding that the outcome would control its view as to the continued need for the Stipulation concerning Mr. Husted.

Respectfully submitted, Bh /3. h Deborah B. Bauser Counsel for Mr. Charles Husted DBB:jah cc Mr. Philip R. Clark, President, GPU Nuclear Corporation Thomas Y. Au, Esq., Office of Chief Counsel, Dept. of Environmental Resources, Commonwealth of Pennsylvania Mr. Samuel J. Chilk, Secretary, Nuclear Regulatory Commission

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