ML20137P151

Petition of Jg Herbein for Leave to Intervene in Matter of Inquiry Into Facility Leak Rate Data Falsification.Served on 860203

ML20137P151
Person / Time
Site:	Three Mile Island
Issue date:	01/30/1986
From:	Herbein J PENNSYLVANIA ELECTRIC CO.
To:	NRC
References
CON-#186-950 LRP, NUDOCS 8602040346
Download: ML20137P151 (5)

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NUCLEAR REGULATORY CCM.VISSICN - -

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In the Matter of ) Quf 5'

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INQUIRY INTO THREE MILE ISLAND ) Docket No. LRP UNIT 2 LEAK RATE DATA FALSIFICATION)

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PETITION TO INTERVENE JOllN G . IIERBEIN, (" Petitioner") hereby petitions this Commission for leave to intervene in the above-captioned matter. In support of his petition, Petitioner states as follows:

1. Petitioner was Vice President - Generation for the Metropolitan Edison C6mpany (" Met Ed") between February 2, 1978 and March 28, 1979. In that position, Petitioner oversaw all of Met Ed's generating facilities, including Three Mile Island ("TMI").  !!e is presently employed by Pennsylvania Electric Company as Vice President, Station Operations.

2. On December 18, 1985, this Commission issued an " Order and Hotice of !! caring" in this docket, in which it stated:

The purpose of this hearing is to develop the facts surrounding the leak rate falsifications that occurred at TMI-2 from Pobruary 2, 1978 (the date TMI-2 ccceivod its operating license) until March 28, 1979, in sufficient detail to determine the involve-ment of any individual who may now work, or in the future work, at a nuclear facility licensed by the Commission.

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3. In the " order and Notice of Hearing", the Commission stated further that:

Any person who has an interest which may be affected by this hearing may petition to intervene. Petitions to intervene shall include the name of the party, how the party's interest may be affected by the proceeding, and how the party expects to contribute to the development of an adequate record. Petitions are to be filed within 45 days of the date of this Order and Notice of Hearing. Petitions shall be granted if the Presiding Board determines that the peti-tioner has an interest that may be affected and petitioner will likely contribute to development of an adequate record.

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4. Petitioner should be allowed to intervene because he has an interest that may be affected by this proceeding. Petitioner may, in the future, desire the oppor-tunity to work at a licensed nuclear facility. A determina-tion by the Commission that Petitioner was in any way responsible for the alleged falsifications would have an impact on such an opportunity. In addition, Petitioner's present employment and professional status could be affected.

Further, Petitioner expects to contribute to the development of an adequate record. The Commission has already indicated to Petitioner in a letter dated December 31, 1985, that he is among a group which " represent (s) all those who were involved in, or were likely to have had knowledge of" the subject matter of this hearing.

WHEREFORE, because he has an interest which may be affected by this proceeding, and because he expects to

contribute to the development of an adequate record, Petitioner requests that he be granted leave to intervene.

Respectfully submitted, JOHN G. I!ERBEIN

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By:

One of his attorneys DATED: January 30, 1986 James B. Burns Carolyn Y. Thompson Christopher W. Flynn

! ISHAM, LINCOLN & BEALE

, Three First National Plaza Suite 5200 Chicago, IL 60602 (312) 558-7500 1

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UNITED STATES OF M1 ERICA NUCLEAR REGULATORY COMMISSION

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In the Matter of )

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INQUIRY INTO THREE MILE ISLAND ) Docket No. LRP UNIT 2 LEAK RATE DATA FALSIFICATION)

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NOTICE OF APPEARANCE i

Notice is hereby given that the undersigned attorney enters an appearance on behalf of John G. Herbein. Pursuant I to 10 C.F.R. 52.713 the following information is provided:

NAME: -

James B. Burns ADDRESS: -

ISIIM1, LINCOLN & BEALE

Three First National Plaza Chicago, Illinois 60602

, TELEPHONE: -

(312) 558-7500 i

ADMISSIONS: -

United States Court of Appeals for-the Seventh Circuit United States District Court l for the Northern District of l Illinois Supreme Court of Illinois NM1E OF PARTY: -

John G. Herbein j Pennsylvania Electric Co.

1001 Broad Street Johnstown, PA 15907

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l ,w-James B. Burns Dated at Chicago, One of the attorneys for Illinois this 30th John G. lierbein

! day of January, 1986.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSICM

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In the Matter of )

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INQUIRY INTO THREE MILE ISLAND ) Docket No. LRP UNIT 2 LEAK RATE DATA FALSIFICATION)

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73 .nc NOTICE OF APPElsRANCE Notice is hereby given that the undersigned attorney enters an appearance on behalf of John G. Herbein. Pursuant to 10 C.F.R. 52.713 the following information is provided:

NAME: -

Christopher W. Flynn ADDRESS: -

ISHAM, LINCOLN & BEALE Three First National Plaza Chicago, Illinois 60602 TEI.EPHONE : -

(312) 558-7500 ADMISSIONS: -

United States District Court for the Northern District of Illinois i -

Supreme Court of Illinois NAME OF PARTY: -

John G. Herbein

Pennsylvania Electric Co.

i' 1001 Broad Street Johnstown, PA 15907 i

I Christopher W. Flynn i

Dated at Chicago, One of the attorneys for Illinois this 30th John G. Herbein

.! day of January, 1986.

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