ML20138A866

First Request for Production of Documents & First Interrogatories Re C Husted Fitness for Supervisory Responsibilities.W/Certificate of Svc

ML20138A866
Person / Time
Site:	Three Mile Island
Issue date:	03/14/1986
From:	Maupin M HUNTON & WILLIAMS, HUSTED, C.A.
To:	THREE MILE ISLAND ALERT
References
CON-#186-431 CH, NUDOCS 8603200159
Download: ML20138A866 (11)

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000KETED USHHC March 14, 1986 16 NAR 17 P3:33 UNITED STATES OF AMERICA f0C TtG i[Nif.[~

NUCLEAR REGULATORY COMMISSION BRANCH Before the Administrative Law Judge In the Matter of )

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GENERAL PUBLIC UTILITIES NUCLEAR ) Docket No. 50-289 (CH)

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(Three Miles Island Nuclear )

Station, Unit No. 1) )

MR. HUSTED'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND FIRST INTERROGATORIES TO THREE MILE ISLAND ALERT Charles Husted (Mr. Husted) hereby requests that Three Mile Island Alert (TMIA) produce for inspection and copy-ing, at 2000 Pennsylvania Avenue, N.W., Washington, D.C. or at another mutually agreed upon location, each of the docu-ments described below, within 14 days after service of this request, in accordance with 10 C.F.R. S 2.741 and the Report and Order On Initial Prehearing Conference (the Report) issued in this proceeding on February 27, 1986 by the Administrative Law Judge. In addition, Mr. Husted pro-pounds the interrogatories set forth below to which TMIA is asked to respond within 14 days after service of this request in accordance with S 2.740b. These discovery 8603200159 860314 PDR ADDCK 05000289 G PDR t _

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requests pertain to TMIA's Contentions 1 and 2 set out at page 4 of the Report.

Definitions (1) "Three Mile Island Alert" means intervenor Three Mile Island Alert, its officers, agents and employees, and all other persons who act or have acted on behalf of Three Mile Island Alert.

(2) "You" or "your" means Three Mile Island Alert.

(3) " Document" means and includes the original and each copy, whether different from the original by means of notes made on such copy or otherwise, regardless of origin or location, of any handwritten, typewritten, printed, recorded, transcribed, punched, taped, photocopied, photostatic, telexed, filmed, microfilmed or otherwise prepared matter, however produced or reproduced, that is in your possession, custody or control, including but not limited to, all letters, correspondence, memoranda, telegrams, memoranda or minutes of meetings or conversations personal or telephonic, reports, summaries, notes, surveys, analyses, studies, evaluations and writings of every description, including drawings, graphs, charts, photographs and other data or compilations from which -

4-s information can be obtained and translated, if necessary,.

by you into reasonably usable form.

1 Instructions (1) As part of the response to each Interrogatory, identify each document that evidences the fact or facts relied upon in the responso given.

(2) As part of the response to each Interrogatory, identify each individual or entity with knowledge of the facts described in the answer to that Interrogatory.

(3) When an Interrogatory requests the identification of an individual or entity, set forth the following infor-mation as applicable:

(a) full name; (b) present or last known address; (c) present or last known telephone number; (d) present occupation, job title and employer; and (e) occupation, job title and employer at the time of the event or period referred to in each particular Interrogatory.

(4) When an Interrogatory requests the identification of a document, set forth the following:

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(a) the nature, i.e., letter, handwritten note, of the' document; (b) the title or heading that appears on the document; (c) the date of the document and the date of each addendum, supplement or addition or change; (d) identification of the author and of the signer thereof, and of the person on whose behalf or at whose request or direction the document was pre-pared or delivered; (e) identification of the addressee or recipient thereof, if any; and (f) the present location of the document and the name, address, position or title and telephone number of the person or persons having custody.

(5) Whenever you are requested to give specific information, such as a date or a figure, and you cannot give the exact information, give your best estimate thereof indicating that it is an estimate.

(6) The singular and masculine form of a noun or pro-noun shall embrace the plural, feminine, or neuter as the particular context may require.

(7) You have a duty to supplement your responses in accordance with 10 C.F.R. S 2.740 (e) .

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(8) If TMIA considers any document called for in this requesttobeprivilhgedfromproduction,TMIAmustinclude in its response to this request a list of documents with-held from production, identifying each document by date, addressee (s), author, title and subject matter. In addi-tion, TMIA should identify those persons who have seen the document or who were sent copies and state the grounds upon which each such doqument is considered privileged.

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Documents to be Produced You are hereby requested to produce all documents within your possession, custody or control, that are con-cerned with, reflect, constitute, mention, discuss or in any way relate to:

(1) Mr. Husted's alleged solicitation of an answer to an exam question from another cf>erator.

(2) Mr. Husted',s all?ned , ack of forthrightness in his testimony before the specrui Master.

(3) Mr. Husted's alleged poor attitude toward the hearing on the cheating incident.

(4) Mr. Husted's alleged failure to cooperate with the Nuclear Regulatory Commission investigators during the investigation into cheating at Three Mile Island.

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s (5) Mr. Husted's attitude, honesty, integrity, character, personality traits, activities, habits or repu-tation, whether related to his job performance or not.

(6) Mr. Husted's performance in any and all positions he has held or now holds with Metropolitan Edison Company or General Public Utilities Nuclear since January 1, 1978 to the present, including but not limited to his perfor-mances as a licensed nuclear operator and senior reactor operator, trainer of non-licensed and licensed nuclear operators, and supervisor of non-licensed reactor opera-tors.

Interrogatories (1) Please identify the person answering each of the following Interrogatories and each person who was consulted in the preparation of each answer.

(2) Explain in detail all facts that support your contention that "[t]he Appeal Board's condition barring Charles Husted from supervisory responsibilities insofar as the training of non-licensed personnel is concerned should not be vacated by reason of his demonstrated bad attitude and lack of integrity."

(3) Explain in detail all facts that support your l

I claim that Mr. Husted had or has a bad attitude.

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t (4) Explain in detail all facts that support your claim that Mr. Husted lacked or lacks integrity.

(5) Explain in detail all facts that support your contention that Mr. Husted "should be barred from serving as an NRC-licensed operator or licensed operator instructor or training supervisor by reason of his demonstrated bad attitude and lack of integrity."

(6) Explain in detail all facts that support your claim that Mr. Husted solicited an answer to an exam ques-

, tion from another operator and identify such operator or operators.

(7) Identify the exact date or dates on which you believe that Mr. Husted solicited an exam question from another operator.

(8) Identify the examination Mr. Husted was taking on each occasion when you believe he solicited an answer to an examination question from another operator.

(9) Explain in detail all facts that support your claim that Mr. Husted's testimony before the Special Master was not forthright.

(10) Explain in detail all facts that support your claim that Mr. Husted had a poor attitude toward the hearing on the cheating incidents.

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Explain in detail all facts that support your claim that Mr. Husted failed to cooperate with the Nuclear Regulatory Commission-(NRC) investigators during the inves-tigation into cheating on NRC examinations at Three Mile Island.

(12) Explain in detail what knowledge, personal or otherwise, you have of Mr. Husted's past and present per-formance of his responsibilities with General Public Utilities Nuclear or Metropolitan Edison Company and what that performance reflects abcut his attitude and integrity.

(13) Identify every witness who will testify at the hearing in this proceeding on your behalf or who has been requested to testify, will be requested to testify or is likely to be requested to testify, regardless of whether the nature of the appearance be by summons or voluntary, and further state the subject area and substance upon which each witness is expected to testify.

Respectfully submitted, CHARLES HUSTED By 4/

Michael W. Maupin, Co'unsel I . _ _

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Of Counsel Michael W. Maupin Maria C. Hensley a HUNTON & WILLIAMS P.O. Box 1535 Richmond, Virginia 23212 Dated: March 14, 1986 4

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a g-00CKETED USNRC March 14, 198 MR 17 P3 :33 (FFICL OF i! -ut r UNITED STATES OF AMERICA u0CKETING A SEPVICI.

BRANCH NUCLEAR REGULATORY COMMISSION Before the Administrative Law Judge 4

i In the Matter of )

i

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GENERAL PUBLIC UTILITIES NUCLEAR ) Docket No. 50-289(CH)

)

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(Three Miles Island Nuclear Station,)

Unit No. 1) )

CERTIFICATE OF SERVICE I certify that copies of Mr. Husted's First Request for Production of Documents and First Interrogatories to i Three Mile Island Alert, dated March 14, 1986, were served upon the following persons today by deposit in the U.S.

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Mail, first class, postage pre-paid, addressed to them at the following addresses:

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The Honorable Morton B. Margulies j Administrative Law Judge Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 4

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

ATTENTION: Chief, Docketing and Service Section

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t 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 ww. M Michael W. Maupin, Counsel for Charles Husted Dated: March 14, 1986

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