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Category:AFFIDAVITS
MONTHYEARML20065J3731992-12-18018 December 1992 Affidavit of Gj Giangi Responding to of R Gary Requesting Action by NRC Per 10CFR2.206 ML20151G6601988-07-19019 July 1988 Affidavit of Kl Harner.* Discusses Licensee Motion for Summary Disposition of Contentions 1,2,3,4b,5d,6 & 8.W/ Certificate of Svc ML20196B5321988-06-20020 June 1988 Affidavit of Cw Huver to Support Contentions 1,3 & 5.Svc List Encl ML20151C5101988-06-0909 June 1988 Affidavit of Lj Kosarek Reviewing Evaporator Technology Proposed at Tmi.W/Svc List ML20196B5271988-06-0909 June 1988 Affidavit of L Kosarek in Support of Contentions 3,4 & 5.* ML20154E4061988-05-13013 May 1988 Affidavit of H Behling (Contention 5d).* Supports Util Motion for Summary Disposition of Contention Re Effects of Tritium & Alpha Emitters/Transuranics.Certificate of Svc Encl ML20154E3831988-05-13013 May 1988 Affidavit of GG Baker (Contention 5d).* Supports Util Motion for Summary Disposition of Contention 5d Re Effects of Tritium & Alpha Emitters Such as Transuranics.Baker Resume Encl ML20154E3681988-05-13013 May 1988 Affidavit of Kl Harner (Contention 5d).* Supports Util Motion for Summary Disposition of Contention 5d.Harner Resume Encl ML20154E3131988-05-13013 May 1988 Affidavit of Dr Buchanan (Contentions 4b in Part & 6 on Chemicals).* Supports Util Motion for Summary Disposition of Contentions 4b & 6.Supporting Documentation Encl ML20154E2931988-05-13013 May 1988 Affidavit of Kl Harner (Contentions 4b in Part & 6 on Chemicals).* Affidavit in Support of Util Motion for Summary Disposition on Chemicals.Supporting Documentation Encl ML20154E2471988-05-13013 May 1988 Joint Affidavit of GG Baker,Dr Buchanan,Jj Byrne,Ta Grace, Je Tarpinian,Cs Urland & Ww Weaver (Contentions 1,2,3 & 8).* Supporting Documentation Encl ML20154E1991988-05-0909 May 1988 Affidavit of Dr Buchanan (Contentions 4b in part,4c,& 4d).* Supports Licensee Motion for Summary Disposition of Contentions.Supporting Documentation & Certificate of Svc Encl ML20149N0611988-02-22022 February 1988 Affidavit of Lf Munson.* Responds to Interrogatories in First Set of Interrogatories of TMI Alert/Sva.Certificate of Svc Encl.Related Correspondence ML20149N0541988-02-22022 February 1988 Affidavit of MT Masnik.* Responds to Interrogatories in First Set of Interrogatories of TMI Alert/Susquehanna Valley Alliance.Related Correspondence ML20149N0561988-02-19019 February 1988 Affidavit of Wd Travers.* Responds to Interrogatories in First Set of Interrogatories of TMI Alert/Sva.Related Correspondence ML20235F3881987-09-21021 September 1987 Affidavit of Hl Hofmann in Opposition to NRC Staff Motion to Rescind Protective Order.* Certificate of Svc Encl ML20238E6121987-09-0202 September 1987 Affidavit of F Skolnick.* Issuance of License Amend Would Delete Prohibition on Disposal of Accident Generated Water Imposed by Tech Specs 1.17,3.9.13 & 3/4.9.13 ML20238E6281987-08-31031 August 1987 Affidavit of Vl Stuchinski.* Requests Public Adjudicatory Hearing & Intervention on Behalf of Tmia to Litigate Safety of License Amend ML20211D7491987-02-13013 February 1987 Affidavit of MT Masnik Certifying That Statements & Opinions Given in Response to Gpu Nuclear Corp 860904 Interrogatories True & Correct to Best of Knowledge & Belief.Certificate of Svc Encl.Related Correspondence ML20213F7621986-11-0606 November 1986 Affidavit of RA Capra Re 831122 Interview W/Rd Parks Concerning Allegation That Eds Nuclear Analysis Associated W/Hpi Actuation Incorrect.Related Correspondence ML20203K0761986-07-31031 July 1986 Affidavit of Mv Cooper Re Request That 860725 Subpoena Be Modified to Allow Appearance in Southern CA Instead of Bethesda,Md.W/Certificate of Svc ML20138B2341986-03-14014 March 1986 Affidavit of Mm Aamodt Re Coaching of Sequestered Witnesses Prior to Hearing Concerning Cheating on Operator License Exams.Certificate of Svc Encl ML20138A2691986-03-0606 March 1986 Affidavit of Kk Pickering,Authorizing TMI Alert,On Behalf of Author & Other Public Citizens,To Litigate Proceeding Re Gpu Tech Spec Change Requests 148 & 153 Concerning Steam Generator Tube Plugging Criteria ML20138B2411986-03-0606 March 1986 Affidavit of Kk Pickering Re TMI Alert,Inc,Actions in Response to Licensee 860204 Request for Amend to License DPR-50,identified as Tech Spec Change 153,to Relax Tube Plugging Criteria.W/Certificate of Svc ML20137X4631986-03-0303 March 1986 Affidavit of MW Maupin Re Arrangements for Payment of Svcs on Behalf of Miller & Relationship W/Miller & Util ML20141E5871986-02-21021 February 1986 Affidavit of Kk Pickering Authorizing TMI Alert,Inc to Intervene in Proceeding Re Util Request for Amend to License.Certificate of Svc Encl ML20133H1431985-10-0707 October 1985 Affidavit of Lh Bettenhausen Re Allegations Raised by Mi Lewis 850919 Petition for New & Expanded Contention Concerning Hartman Leak Rate Allegations.Certificate of Svc Encl ML20126M2211985-06-14014 June 1985 Affidavit of Jj Persensky Re Response to ASLB 850503 Fourth Partial Initial Decision LBP-85-15 Concerning Proposed Plan to Evaluate Licensed Operators in Job Setting.Plan Acceptable.Certificate of Svc Encl ML20128H3361985-05-23023 May 1985 Affidavit of Hd Hukill Stating Readiness of TMI-1 to Startup & Complete Low Power Physics & Power Ascension Testing for 100% Power Operation & Opposing Delay in Authorization to Restart.Schedule Encl ML20128H3501985-05-22022 May 1985 Affidavit of Jg Graham Describing Economic Impacts of Delay of Restart of TMI-1 on Util Customers & Stockholders & on Cleanup Efforts for TMI-2.Stay of Startup Authorization Should Be Denied.Certificate of Svc Encl ML20112G5151985-01-14014 January 1985 Affidavit of L Bernabei & J Doroshow Supporting Motion to Disqualify Judge Iw Smith from Proceedings ML20112J8111985-01-11011 January 1985 Affidavit of Bd Elam Re TMI Alert Motion to Reopen Record on Basis of New Info Concerning Results of Plug Testing on once-through Steam Generator Tubes ML20112D8731985-01-11011 January 1985 Affidavit of Ty Au Supporting Motion to Disqualify Judge I Smith from Proceedings.Certificate of Svc Encl ML20112J8221985-01-10010 January 1985 Affidavit of Fs Giacobbe Re Allegations of TMI Alert Concerning Possibility of Reinitiation of Intergranular Stress Assisted Cracking.Certificate of Svc Encl ML20112G0041984-11-0909 November 1984 Affidavit of Kp Richardson Re Review of Allegations by Rd Parks Filed W/Dept of Labor Against Bechtel ML20107H8121984-11-0505 November 1984 Affidavit of RW Keaten,Addressing Dates of Handwritten Notes.Svc List Encl.Related Correspondence ML20106C5271984-10-19019 October 1984 Affidavit of L Bernabei Re Util 841011 Statement of Intention to Call Two Addl Witnesses on Dieckamp Mailgram Issue.Related Correspondence ML20084P0651984-05-0303 May 1984 Affidavit of Gc Sih Re Licensee 840224 Motion for Summary Disposition on Each of TMI Alert & Joint Intervenor Contentions.Certificate of Svc Encl.Related Correspondence ML20087D5831984-03-0707 March 1984 Supplemental Affidavit of Fs Giacobbe,Clarifying Misleading Statement in 840223 Affidavit ML20080R6081984-02-24024 February 1984 Affidavits of DG Slear,Bd Elam,Mj Graham,Sd Leshnoff & TS Giacobbe in Support of Licensee Motion for Summary Disposition of Each of TMI Alert & Joint Intervenors Contentions.Certificate of Svc Encl ML20080N0401984-02-15015 February 1984 Affidavit of Jh Taylor Re Classification Procedures for Proprietary Documentation ML20080P7931984-02-0707 February 1984 Affidavit of Jh Taylor Re Classification Procedure for Proprietary Info.Certificate of Svc Encl ML20080D5081984-02-0505 February 1984 Affidavit of Jh Taylor Re Determining Whether Documents Listed in Exhibit a Contain Proprietary Info ML20079J1791984-01-20020 January 1984 Affidavit of Rd Pollard Re Emergency Feedwater Sys Flow Instrumentation.Design Does Not Comply W/Nrc Rules.Operation Would Pose Undue Risk to Health & Safety of Public. Certificate of Svc Encl ML20080D5181983-10-23023 October 1983 Affidavit of Jh Taylor Re Determination of Whether Documents Listed in Exhibit a Contain Proprietary Info ML20072J4221983-06-16016 June 1983 Affidavit of Pl Lujanac That TMI Alert Planning Council Officially Endorsed TMI Alert 830519 Request for Hearing on Proposed License Amend Re Steam Generator Tube Repair,On 830607 ML20080D4951983-01-13013 January 1983 Affidavit of Jh Taylor Re Determining Whether Documents Listed in Exhibit a Contain Proprietary Info.Rept Comprises Info Which Affords B&W Opportunity to Obtain Competitive Advantage ML20070D6181982-12-0303 December 1982 Affidavit of Jh Taylor Re SER for Return to Svc After Repair of Steam Generators.B&W Info Considered Proprietary ML20028A7281982-11-22022 November 1982 Affidavit of Eg Wallace Re Installation of Hot Leg High Point Vents.Certificate of Svc Encl ML20063D1621982-08-25025 August 1982 Affidavit of RW Keaten Re NRC & Licensee Actions Taken in Response to NUREG-0737,Item II.K.3.30.Licensee Does Not Agree W/Nrc Summary of Actions.Certificate of Svc Encl 1992-12-18
[Table view] Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20210B8491999-07-21021 July 1999 Exemption from Certain Requirements of 10CFR50.54(w),for Three Mile Island Nuclear Station Unit 2 to Reduce Amount of Insurance for Unit to $50 Million for Onsite Property Damage Coverage ML20206D4141999-04-20020 April 1999 Exemption from Requirements of 10CFR50,App R,Section III.G.2 Re Enclosure of Cable & Equipment & Associated non-safety Related Circuits of One Redundant Train in Fire Barrier Having 1-hour Rating ML20206T7211999-02-11011 February 1999 Memorandum & Order (CLI-99-02).* Denies C George Request for Intervention & Dismisses Subpart M License Transfer Proceeding.With Certificate of Svc.Served on 990211 ML20198A5111998-12-11011 December 1998 Comment Opposing Proposed Rule 10CFR50.65 Re Requirements for Monitoring Effectiveness of Maintenance at Nuclear Power Plants.Proposed Rulemaking Details Collaborative Efforts in That Rule Interjects Change ML20154G2941998-09-17017 September 1998 Transcript of 980917 Public Meeting in Rockville,Md Re License Transfer of TMI-1 from Gpu Nuclear,Inc to Amergen. Pp 1-41 ML20199J0121997-11-20020 November 1997 Comment on Pr 10CFR50 Re Financial Assurance Requirements for Decommisioning Nuclear Power Reactors.Three Mile Island Alert Invokes Comments of P Bradford,Former NRC Member ML20148R7581997-06-30030 June 1997 Comment on NRC Proposed Bulletin 96-001,suppl 1, Control Rod Insertion Problems. Licensee References Proposed Generic Communication, Control Rod Insertion, & Ltrs & 961022 from B&W Owners Group ML20078H0431995-02-0101 February 1995 Comment Opposing Proposed Rule 10CFR50 Re Shutdown & Lowpower Operations for Nuclear Reactors ML20077E8231994-12-0808 December 1994 Comment Supporting Proposed Rules 10CFR2,51 & 54 Re Rev to NRC NPP License Renewal Rule ML20149E2021994-04-20020 April 1994 R Gary Statement Re 10 Mile Rule Under Director'S Decision DD-94-03,dtd 940331 for Tmi.Urges Commissioners to Engage in Reconsideration of Author Petition ML20065Q0671994-04-0707 April 1994 Principal Deficiencies in Director'S Decision 94-03 Re Pica Request Under 10CFR2.206 ML20058A5491993-11-17017 November 1993 Exemption from Requirements in 10CFR50.120 to Establish, Implement & Maintain Training Programs,Using Sys Approach to Training,For Catorgories of Personnel Listed in 10CFR50.120 ML20059J5171993-09-30030 September 1993 Transcript of 930923 Meeting of Advisory Panel for Decontamination of TMI-2 in Harrisburg,Pa.Pp 1-130.Related Documentation Encl ML20065J3461992-12-30030 December 1992 Responds to Petition of R Gary Alleging Discrepancies in RERP for Dauphin County,Pa ML20065J3731992-12-18018 December 1992 Affidavit of Gj Giangi Responding to of R Gary Requesting Action by NRC Per 10CFR2.206 ML20198E5581992-12-0101 December 1992 Transcript of Briefing by TMI-2 Advisory Panel on 921201 in Rockville,Md ML20210D7291992-06-15015 June 1992 Exemption from Requirements of 10CFR70.24 Re Criticality Accident Requirements for SNM Storage Areas at Facility Containing U Enriched to Less than 3% in U-235 Isotope ML20079E2181991-09-30030 September 1991 Submits Comments on NRC Proposed Resolution of Generic Issue 23, Reactor Coolant Pump Seal Failure. Informs That Util Endorses Comments Submitted by NUMARC ML20066J3031991-01-28028 January 1991 Comment Supporting SECY-90-347, Regulatory Impact Survey Rept ML20059P0531990-10-15015 October 1990 Comment Opposing Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal ML20059N5941990-10-0404 October 1990 Transcript of 900928 Public Meeting in Rockville,Md Re Studies of Cancer in Populations Near Nuclear Facilities, Including TMI ML20055F4411990-06-28028 June 1990 Comment Supporting Petition for Rulemaking PRM-50-55 Re Revs to FSAR ML20248J1891989-10-0606 October 1989 Order.* Grants Intervenors 891004 Motion for Permission for Opportunity to Respond to Staff Correspondence.Response Requested No Later That 891020.W/Certificate of Svc.Served on 891006 ML20248J1881989-10-0303 October 1989 Motion for Permission for Opportunity to Respond to Staff Correspondence in Response to Board Order of 890913.* Svc List Encl ML20248J0301989-09-29029 September 1989 NRC Staff Response to Appeal Board Order.* Matters Evaluated in Environ Assessment Involved Subjs Known by Parties During Proceeding & Appear in Hearing Record & Reflect Board Final Initial Decision LBP-89-7.W/Certificate of Svc ML20247E9181989-09-13013 September 1989 Order.* Requests NRC to Explain Purpose of 890911 Fr Notice on Proposed Amend to Applicant License,Revising Tech Specs Re Disposal of Accident Generated Water & Effects on ASLB Findings,By 890929.W/Certificate of Svc.Served on 890913 ML20247G0361989-07-26026 July 1989 Transcript of Oral Argument on 890726 in Bethesda,Md Re Disposal of accident-generated Water.Pp 1-65.Supporting Info Encl ML20247B7781989-07-18018 July 1989 Certificate of Svc.* Certifies Svc of Encl Gpu 890607 & 0628 Ltrs to NRC & Commonwealth of Pa,Respectively.W/Svc List ML20245D3651989-06-20020 June 1989 Notice of Oral Argument.* Oral Argument on Appeal of Susquehanna Valley Alliance & TMI Alert from ASLB 890202 Initial Decision Authorizing OL Amend,Will Be Heard on 890726 in Bethesda,Md.W/Certificate of Svc.Served on 890620 ML20245A5621989-06-14014 June 1989 Order.* Advises That Oral Argument on Appeal of Susquehanna Valley Alliance & TMI Alert from Board 890202 Initial Decision LBP-89-07 Authorizing OL Amend Will Be Heard on 890726 in Bethesda,Md.W/Certificate of Svc.Served on 890614 ML20247F3151989-05-22022 May 1989 NRC Staff Response to Appeal by Joint Intervenors Susquehanna Valley Alliance/Tmi Alert.* Appeal Should Be Denied Based on Failure to Identify Errors in Fact & Law Subj to Appeal.W/Certificate of Svc ML20246Q2971989-05-15015 May 1989 Comment Opposing Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants ML20246J6081989-05-12012 May 1989 Licensee Brief in Reply to Joint Intervenors Appeal from Final Initial Decision.* ASLB 890203 Final Initial Decision LBP-89-07 Re Deleting Prohibition on Disposal of accident- Generated Water Should Be Affirmed.W/Certificate of Svc ML20247D2761989-04-20020 April 1989 Transcript of 890420 Briefing in Rockville,Md on Status of TMI-2 Cleanup Activities.Pp 1-51.Related Info Encl ML20244C0361989-04-13013 April 1989 Order.* Commission Finds That ASLB Decision Resolving All Relevant Matters in Favor of Licensee & Granting Application for OL Amend,Should Become Effective Immediately.Certificate of Svc Encl.Served on 890413 ML20245A8381989-04-13013 April 1989 Transcript of Advisory Panel for Decontamination of TMI-2 890413 Meeting in Harrisburg,Pa.Pp 1-79.Supporting Info Encl ML20245A2961989-04-13013 April 1989 Transcript of 890413 Meeting in Rockville,Md Re Affirmation/Discussion & Vote ML20248H1811989-04-0606 April 1989 Valley Alliance/Tmi Alert Motion for Leave to File Appeal Brief out-of-time.* W/Certificate of Svc.Served on 890411.Granted for Aslab on 890410 ML20248G0151989-04-0606 April 1989 Valley Alliance/Tmi Alert Motion for Leave to File Appeal Brief out-of-time.* Requests to File Appeal Brief 1 Day Late Due to Person Typing Document Having Schedule Problems ML20248G0261989-04-0606 April 1989 Susguehanna Valley Alliance/Tmi Alert Brief in Support of Notification to File Appeal & Request for Oral Argument Re Appeal.* Certificate of Svc Encl ML20248D7211989-04-0404 April 1989 Memorandum & Order.* Intervenors Application for Stay Denied Due to Failure to Lack of Demonstrated Irreparable Injury & Any Showing of Certainty That Intervenors Will Prevail on Merits of Appeal.W/Certificate of Svc.Served on 890404 ML20247A4671989-03-23023 March 1989 Correction Notice.* Advises That Date of 891203 Appearing in Text of Commission 890322 Order Incorrect.Date Should Be 871203.Certificate of Svc Encl.Served on 890323 ML20246M2611989-03-22022 March 1989 Order.* Advises That Commission Currently Considering Question of Effectiveness,Pending Appellate Review of Final Initial Decision in Case Issued by ASLB in LBP-89-07. Certificate of Svc Encl.Served on 890322 ML20236D3821989-03-16016 March 1989 Valley Alliance & TMI Alert Motion for Extension of Time to File Brief in Support of Request for Appeal in Matter of 2.3 Million Gallons Of....* Certificate of Svc Encl.Served on 890316.Granted for Aslab on 890316 ML20236D3121989-03-15015 March 1989 Licensee Answer to Joint Intervenors Motion for Extension of Time to File Brief on Appeal.* Motion Opposed Based on Failure to Demonstrate Good Cause.W/Certificate of Svc ML20236D2901989-03-11011 March 1989 Valley Alliance/Tmi Alert Motion for Extension of Time to File Brief in Support of Request for Appeal in Matter of Disposal of 2.3 Million Gallons of Radioactive Water at Tmi,Unit 2.* Svc List Encl ML20236A3761989-03-0808 March 1989 Licensee Answer Opposing Joint Intervenors Motion for Stay.* Stay of Licensing Board Decision Pending Appeal Unwarranted Under NRC Stds.Stay Could Delay Safe,Expeditious Cleanup of Facility.Certificate of Svc Encl ML20236C2441989-03-0808 March 1989 NRC Staff Response in Opposition to Application for Stay Filed by Joint Intervenors.* Application for Stay of Effectiveness of Final Initial Decision LBP-89-07,dtd 890202 Should Be Denied.W/Certificate of Svc ML20235V2641989-03-0202 March 1989 Notice of Aslab Reconstitution.* TS Moore,Chairman,Cn Kohl & Ha Wilber,Members.Served on 890303.W/Certificate of Svc ML20235V2161989-02-25025 February 1989 Changes & Corrections to Susquehanna Valley Alliance/Three Mile Island Alert Documents Submitted on 890221.* Certificate of Svc Encl 1999-07-21
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UNITED STATES OF MERICA NUCLEAR REGULATORY OcttGSSIW BEFORE 'IIIE ATWIC SAFETY AND IlCENSING BOARD In the Matter of:
FETROPOLITAN EDISW CWPANY, )
) Docket No. 50-289 (Three Mile Island Nuclear ) (Restart)
Station, Unit No. 1) )
AFFIDAVIT OF 111 MAS Y. AU IN SUPPORT OF FUf1W TO DISQUALIFY AMINISTRATIVE LAW JUDGE IVAN SMITH I, Thomas Y. Au, swear and depose as follows:
- 1. I an an attorney adnitted to the Bar of the United States Suprene Court, the Pennsylvania Supreme Court,'and other courts, and have represented the Comnonwealth of Pennsylvania during hearings in the above captioned matter since those hearings began on Novanber 14, l'984 in Harrisburg, Pennsylvania.
- 2. I have read the Motion to Disqualify Administrative law Judge Ivan Smith and aver that the facts alleged therein are true and correct i
to the best of my knowledge and belief.
- 3. .On Wednesday, January 2,1985, Administrative Iow Judge Ivan Smith, of the Atomic Safety and Ilcensing Board, released a copy of a letter dated Decanber 27, 1984 that he had written to Judge Sylvia Raubo of the United States District Court requesting leniency in the sentencing of Mr. Janes Floyd. Mr. Floyd was the TMI-2 licensed operator who was
' convicted of cheating on his NRC examination. A copy of the letter he !
released is attached hereto as Exhibit 1. l i
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- 4. Judge Smith has on several occasions criticized the 1983 Stipulation Agrement between the Comomealth and General Public Utilities, which agreement terminated the Cmmamealth's participation L in the appeals process for GPU's comitment not to utilize Mr. Husted and others in licensed operator activities. These cm ments were made on the record, and reflected his view that the Comonwealth unfairly penalized licensed operators and had deprived the of a livelihood, and his view that the Carmomealth may seek to unfairly penalize others.
- These cmments were not relevant to the proceeding, and are not within the. scope of this reanded hearing. Judge Smith used a loud voice and l
l harsh tones when criticizing the Cmmonwealth on this matter. The cmments were clearly unwarranted at the time and reflect a bias against Comomealth participation in these proceedings. (Transcript pp.
i 29,092 - 29,095; 32,211-32,315; 32,317-32,325; 33,084 - 33,097).
l O M , bl- w 111 MAS Y. AU /
L Assistant Comsel Subscribed and sworn to before me this //M day of January,1985.
r b$!KTrARY PUBLIC u (LML /ALW g
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11125 Powder Horn Drive Potemac, Maryland 20854 ;
December 27, 1984 Honorable Sylvia H. Rambo U.S. District Judge
% Robert Ruth, Probation Officer U.S. Probation Office Federal Building 3rd and Walnut Harrisburg, Pennsylvania 17108 Re: United States v. James R. Floyd Crim. fio. 84-00099 (M.D. Pa.)
Dear Judge Rambo:
I hope that the Court will be lenient with James R. Floyd. As an administrative law judge with the Nuclear Regulatory Conmission, I have served since August 1979 as the Chairman of the Atomic Safety and Licensing Board presiding over the proceeding considering the proposed restart of Three Mile Island Unit flo.1. Much of this proceeding has ;
involved issues of the integrity and competence of the managers and operators of Three Mile Island fluclear Station. [ have been infonned that the recommendation contained in the Board's decision of July 27, 1 1082 (16 NRC 281, 344-55) brought about the investigation and subsequent indictment of Mr. Floyd.
While serving as Chairman of the Three Mile Island Licensing Board I have had an excellent opportunity to gain some insight into the events and the affected persons following the 1979 accident at the station. I hasten to add, however, that I know nothing about Mr. Floyd except the information produced on the public hearings most of which is set out in our July 1982 decision. Also, my comments are personal and I do not speak for the fluclear Regulatory Commission or for any other person.
I have basically two grounds for believing that leniency is appropriate.
The first pertains to the background against which Mr. Floyd's actions should be judged. Mr. Floyd worked very hard in the months folicwing the accident. He possesses excellent technical skills. M1nagement depended very, heavily upon him in addressing the many problems needing solution on the island. I have always felt that Mr. Floyd's deception was an impulsive act and that it was not motivated by personal ambition.
He could have sought relief from his other duties in order to train properly for' the requalification examination, to his personal benefit.
He could have passed easily without deception. One senses he neglected hit examination responsibilities out of a misguided but altruistic effort to attend to matters of perceived greater urgency, in addition, he apparently felt that he was well qualified notwithstanding his licensing status.
Exhibit 1
1 GY m_ .
- i. - !
1 ,3
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s My second reason for hoping for lenient treatment for Mr. Floyd is that severe punishment is not necessary as a deterrent. I recognize that, whatever his motive, cheating on the requalification examination was a .
very serious matter and cannot be condoned or appear to be condoned. l However, Mr. Floyd's damaged career and public humiliation will be seen .
i by others as too high a risk and price for any gain frcm cheating, I
More important, however,. a severe criminal penalty against Mr. Floyd, is l in my personal view, not-needed to insure the integrity of the NRC operators' licensing process at Three Mile Island, nor would it be useful. The civil regulatory scheme presently administered by the NRC is exceedingly thorough. It is adequate to assure that the operators of
'Three Mile Island are persons of competence and integrity. Many weeks i of public NRC hearings have been devoted to the issue of TMI management l integrity and operator competence and, in fact, hearings on that very issue are still in progress. I have confidence that the NRC administrative regulatory process, with extensive public participation, will provide an orderly and reliable mechanism for assuring that any problems caused by deception respecting Three Mile Island will have been i identified and resolved. Deception in the future is very unlikely. A l severe sentence for Mr. Floyd would add nothing. ,
4
- Sincerely,
'. r 1 --
r- , f 4%
- k , U-5+ 3 L b Ivan W. Smith cc: William J. Fulton, Esq.
Herzel E. Plaine, General Counsel,flRC Parties to TMI-1 proceeding l
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- l. WITED STATES " AFERICA t
NUCIIAR REGULATL" 20FMISSIm BEFORE THE ATGIIC SAFEIY AND LICENSING BOARD In the Matter of:
l FEIROPOLITAN EDISW CWPANY, )
) Docket No. 50-289 l (Three Mile Island Nuclear ) (Restart) *
! Station, Unit No. 1) , )
REIFICATE OF SERVIG I hereby certify that copies of the foregoing bbtion to Disqualify Administrative Isa Judge Ivan Smith and Affidavit in support thereof .
t was mailed, first class postage prepaid to the persons on the attached Service List this 11th day of January,1985.
, (, L , , , '- ,, .' -
~ y .. . .w .> .u x, , .
WILLIle1 B. CALDER, JR.
Assistant Counsel O
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l UNITIED STATES OF AMERICA NUCIEAR REGULATORY CGHISSIQ1 BEFORE 'IIIE ATGIIC SAFErY NID LICENSING BOARD j In the Matter of:
MET. ROPOLITAN EDISQ1 COMPANY, )
) Docket No. 50-289
('Ihree Mile Island Nuclear ) (Restart) -
Station, Unit No.1) )
SERVICE LIST Docketing and Service Section Henry D. Hukill, Vice-President Office of the Secretary GPU Nuclear Corporation U.S. Nuclear Regulatory Ccmnission P. O. Box 480 Washington, D.C. 20555 Middletown, Pennsylvania 17057 Ivan W. Smith Ms. Marjorie M. Aamodt Administrative law Judge R.D. #5 Atcmic Safety and Licensing Board Coatesville, Pennsylvania 19320 U.S. Nuclear Pogulatory Cannission Washington, D.C. 20555 RIGRY/'IMI PIRC 1037 lbclay Street Sheldon J. Wolfe liarrisburg, Pennsylvania 17103 Adntinistrative Judge Atanic Safety and Licensing Board Ms. Iouise Bradford, 'IMI Alert (1.S. Nuclear Regulatory Cannission 1011 Green Street Washington, D.C. 20555 llarrisburg, Pennsylvania 17102 Gustave A. Linenberger, Jr. Michael F. McBride, Esquire Adninistrative Judge IcBoeuf,12mb, Iriby & MacRae Atanic Safety and Licensing Board 133 New llanpshire Ave. , N. W. Suite 1100 U.S. Nuc1 car Regulatory Ccanission Washington, D. C. 20036 Washington, D.C. 20555 David E. Cole, Esquire-George F. Trowbridge, Esquire Smith & Smith, P.C.
Shaw, Pittman, Potts & Trowbridge 2931 11. Front St.
1800 M Street, N.W. liarrisburg, Pennsylvania- 17110 Washington, D.C. 20006 Michael W. Maupin, Esquire Jack Goldberg/lois Finkelstein llunton & Willians Office of the Executive Ingal Director 707 East Main Street U.S. Nuclear Pegulatory Comtission P.O. Box 1535-Washington, D ,C. 20555 Riclinond, Virginia 23212 Ellyn. R. Weiss Joanne Doroshow Ilannon & Weiss 'lhe'Christic Institute 1725 Eye Street, N.W., Suite 506 1324 North Capitol Street Washington, D.C. 20006 Washington, D. C. 20002
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[,,
Nunzio L. Palladino, Gairman U.S. Nuclear Regulatory Comtission l Washington, D.C. 20555 Lynne Bernabel, Esquire Govemment Accour.tability '>roject .
1555 Connecticut Ave.nue d.W. '
Washington, D.C. 200v9 Atanic Safety and Licensing Appeal Board
- U.S. Nuclear Regulatory Cu1 mission Washington, D.C. 20555 O
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