ML20137N084

Answer of C Husted to Suppl to TMI Alert,Inc,Request for Leave to Intervene in Hearing Granted C Husted,Per 851206 Memorandum & Order.Contentions Should Be Recast & Issues Stated as Listed.Certificate of Svc Encl

ML20137N084
Person / Time
Site:	Three Mile Island
Issue date:	01/24/1986
From:	Maupin M HUNTON & WILLIAMS
To:	Atomic Safety and Licensing Board Panel
References
CON-#186-865 CH, NUDOCS 8601290155
Download: ML20137N084 (6)

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t' 'CM UNITED STATES OF AMERICA -

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y' BEFORE THE ADMINISTRATIVE LAW JUDGE In the Matter of )

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General Public Utilities ) Docket No. 50-289(CH)

Nuclear )

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(Three Mile Island Nuclear )

Station, Unit No. 1) )

MR. HUSTED'S ANSWER TO SUPPLEMENT TO TMIA'S REQUEST FOR LEAVE TO INTERVENE IN THE HEARING GRANTED CHARLES HUSTED Pursuant to the Administrative Law Judge's Memorandum and Order of December 6, 1985, Charles Husted files this Answer to Supplement to TMIA's Request for Leave to Intervene in the Hearing Granted Charles Husted.

Petitioner Three Mile Island Alert, Inc. (TMIA) has described two contentions that it seeks to have litigated in this proceeding. The two contentions are:

I. The Appeal Board's condition barring Charles Husted from supervicory responsibilities insofar as the training of non-licensed personnel is concerned, should not be vacated.

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II. Husted should be barred from serving as an NRC licensed operator by reason of his demon-strated bad attitude and lack of integrity.

The basis for each proposed contention is set out with reasonable specificity, and so Mr. Husted concludes that TMIA's proposed contentions are admissible and that TMIA should be permitted to participate as a party in this pro-ceeding.

TMIA's two proposed contentions are, however, broad and conclusory in nature and, standing alone, offer inade-quate guidance as to just what Mr. Husted must be prepared to defend against during the hearing. Without further restriction, the two contentions could be construed to broaden the scope of the proceedir.g beyond that contemplated by the Commission's September 5, 1985 Notice of Hearing. There is no indication in TMIA's Supplemental Petition, however, that it wishes to extend the scope of the hearing. The bases offered for TIMA's proposed contentions merely rephrase the issues set out in the Commission's Notice of Hearing and repeated in the December 6, 1985 Memorandum and Order. That being so, Mr.

Husted recommends that the Administrative Law Judge exercise his authority to recast the contentions, see Pennsylvania Power & Light Co. (Susquehanna Steam Electric

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Station, Units 1 and 2) LBP-79-6, 9 NRC 291, 296 (1979),

and state the issues in this proceeding as follows:

1. Whether Mr. Ilusted solicited an answer to an exam question from another operator during an April 1, 1981, NRC written examination.

2. Whether Mr. Ilusted's testimony before the Special Master lacked forthrightness.

3. Whether Mr. Husted displayed a Sor attitude toward the hearing on the cheating incident.

4. Whether Mr. Husted failed to cooperate with NRC personnel investigating the cheating incidents.

5. Whether, in light of the answers to issues 1-4 above, Mr. Husted should be barred from serving as an NRC-licensed operator, an instructor of licensed or non-licensed operators, or a supervisor of operator training personnel.

This formulation of the issues to be heard would be consistent with the contentions and bases submitted by TMIA, would ensure the litigation of GPU Nuclear Corporation's contention, and would be faithful to the Notice of Hearing.

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Respectfully submitted, CHARLES HUSTED AJ k bU Michael W. Maupin, Counsel Of Counsel Michael W. Maupin Maria C. Hensley HUNTON & WILLIAMS P.O. Box 1535 Richmond, Virginia 23212 Dated: January 24, 1986

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ADMINISTRATIVE LAW JUDGE In the Matter of , )

)

General Public Utilities ) Docket No. 50-2 89 (CH)

Nuclear )

)

(Three Mile Island Nuclear )

Station, Unit No. 1) )

CERTIFICATE OF SERVICE I certify that copies of Mr. Husted's Answer to Supplement to TMIA's Request for Leave to Intervene in the Hearing Granted Charles Husted, dated January 24, 1986, were served upon the following persons by deposit in the U.S. Mail, first class, postage prepaid, or, as indicated by one asterisk, by Federal Express, today:

Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 ATTENTION: Chief, Docketing and Service Section

• The Honorable Morton B. Margulies Administrative Law Judge Atomic Safety and Licensing Board Panel -

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 ,

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• George E. Johnson, Esquire Office of Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555

• Ms. Louise Bradford Three Mile Island Alert 1011 Green Street Harrisburg, Pennsylvania 17102

• Deborah B. Bauser, Esquire Shaw, Pittman, Potts & Trowbridge 1800 M Street, N.W.

Washington, D.C. 20036 Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 N &ni>_p' Michael W. Maupin Counsel for Charles Husted Dated: January 24, 1986