ML20138E359

Petition of L Bradford for Leave to Intervene & Request for Hearing Re C Husted Integrity & Suitability to Serve as Licensed Operator Instructor or Training Supervisor. Certificate of Svc Encl

ML20138E359
Person / Time
Site:	Three Mile Island
Issue date:	10/20/1985
From:	Bradford L THREE MILE ISLAND ALERT
To:	NRC COMMISSION (OCM)
References
CON-#485-889 CH, NUDOCS 8510240675
Download: ML20138E359 (4)

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UNITED STATES"OF AMERICA :\

NUCLEAR REGULATORY COMMISSIOM

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T OCT 24 G ; # r-In the Matter of: li pocer.na 5

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\ g u m c a . na;1 O GENERAL PUBLIC UTILITIES ) ^ t;i.CR.0 s ket No. 50-2 89 (Cil)

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(Three Mile Island Nuclear ) (/

Station, Unit No. 1) ) to [o TMIA'S REQUEST FOR LEAVE TO INTERVEN'E III TIIE IIEARING GRANTED CilARLES IIUSTED Pursuant to the Notice of licaring dated September 5, 1985, in the above captioned matter, Three Mile Island Alert, Inc.

(TMIA) hereby petitions to intervene without limitation, pursuant to the standards set forth in 10 CFR 2.714 and assigns the following reasons therefor:

1. All four issues set forth in; the Notice of IIcaring address Husted's integrity and his suitability to serve "as an NRC licensed operator or a licensed operator instructor or training supervisor." In short, the hearing will address the issue of whether the public (including TMIA members residing in the vicinity of the plant) will have reasonable assurance of safety if Mr.

!!usted is returned to his former position within the training department and is allowed to resume his responsibilities as a licensed operator at TMI.

2. TMIA has actively internened in virtually all of the proceedings before the NRC involving the competence and integrity of Licensco's management to safely operate TMI-1, including the reopened hearing on cheating at TMI. Testimony developed during the cheating hearing resulted in the Appeal 0510240675 051020 PDR ADOCK 05000209 9 YDH

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Board's imposed condition involving Mr. Husted, which in turn resulted in the instant proceeding. In its decision on management competence and integrity, the Appeal Board clearly established the relationship of individual wrongdoing to the larger issue of management competence and integrity when it noted that the

. . . cheating episodes, may be symptomatic of more extensive failures in licensee's overall training program." ALAB-772 at 63.

The decisions rendered by the Lisencing Board and the Appeal Board in the management phase of the restart hearing on issues concerning Husted's integrity were favorable to TMIA's position, i.e.:

Husted gave testimony before the Special Master that was not forthright. July 27, 1982 PID at 12166.

Husted displayed an unacceptable attitude towards the hearing and failed to cooperate with NRC investigators. ALAB-772 at 43.

The remaining issue, whether or not Husted made an unsuccessful attempt to cheat on an NRC licensing examination, was the subject of a dispute between the Special Master and the Licensing Board. This dispute was not resolved by the Appeal Board and remains an issue in controversy. TMIA is entitled to be a party to any proceeding which might result in a final decision on this issue.

The hearing for Husted could result in an outcome which would affect issues already decided in TMIA's favor in the restart proceeding. To the extent the Husted hearing resulted in findings and conclusions which were inconsistent with the findings and conclusions reached in the restart proceeding, it

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would cast a shadow and possibly negate the conclusions previously made in TMIA's favor.

3. These proceedings could be prejudicial to prior .

decisions which were favorable to TMIA's position. Additionally, i the proceedings could produce a final decision on an issue in

- which TMIA has an interest and which is currently in controversy.

If the Husted hearing were to result in a decision which jeopardized earlier decisions rendered in TMIA's favor, the Commission would be compelled to grant the same fair play consideration to TMIA which it granted Husted, should TMIA file a request for expanded r hearings on these same issues at the conclusion of the Husted hearing. Therefore, judicial economy dictates that TMIA be a i party to the Husted hearing.

Respectfully submitted, b

LOUISE BRADFORD For Three Mile Island Alert, Inc.

October 20, 1985 r

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UNITED STATES OF AMERICA - - , ..

NUCLEAR REGULATORY COMMISSION In the Matter of: ) ~

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GENERAL PUBLIC UTILITIES ) Docket No. 50-2 89 (Cil)

(Three Mile Island Nuclear )

' Station, Unit No. 1) )

CERTIFICATE OF SERVICE I'hereby certify that TMIA's REQUEST FOR LEAVE TO INTERVENE IN TIIE IIEARING GRANTED CIIARLES IIUSTED, was distributed to the attached mailing list by deposit in the U. S. Mail, firs't class postage pre-paid, on October 20, 1985.

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SERVICE LIST d A '

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Adcinistrative Law Judge Morton B. Margulies Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Docketing and Service Section (3)

Office of the Secretary U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Deborah B. Bauser, Esquire Shaw, Pittman, Potts & Trowbridge 1800 M Street N.W.

Washington, D. C. 20036 Jack R. Goldberg, Esquire Office of Executive Legal Director U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Thomas Y. Au, Esquire Office of Chief Counsel Department of Environmental Resources

• 505 Executive !!ouse, P. O. Box 2357 Ilarrisburg, PA 17120 l

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