ML20140C613

Petition of Gpu Nuclear Corp for Leave to Intervene in Leak Rate Data Falsification Inquiry.Certificate of Svc Encl. Served on 860127

ML20140C613
Person / Time
Site:	Three Mile Island
Issue date:	01/23/1986
From:	Blake E GENERAL PUBLIC UTILITIES CORP., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	NRC COMMISSION (OCM)
References
CON-#186-834 86-519-02-SP, 86-519-2-SP, LRP, NUDOCS 8601280372
Download: ML20140C613 (5)

Text

- - -

[N s a January 23, 1986 x \ l' ',

<,6' UNITED STATES OF AMERICA '-

NUCLEAR REGULATORY COMMISSION ' 'h4, E. ,

=?.  ;>!

BEFORE THE PRESIDING BOARD

'l ,, ,

L, .

4%. ?

, _ 17

)

k/, .,4' In the Matter of ) ~ ~ SERVED JAN 271996

) Docket No. LRP INQUIRY INTO THREE MILE )

ISLAND UNIT 2 LEAK RATE ) ASLBP No. 86-519-02 SP DATA FALSIFICATION )

)

PETITION FOR LEAVE TO INTERVENE INTRODUCTION In response to the December 18, 1985 Order and Notice of Hearing (" Order"), CLI-85-18, GPU Nuclear Corporation ("GPU Nu-clear") hereby petitions to intervene in this proceeding on the grounds that it (1) can contribute to development of an adequate record, and (2) has an interest that may be affected, see id. at 7.

I. GPU NUCLEAR WILL LIKELY CONTRIBUTE TO DEVELOPMENT OF AN ADEQUATE RECORD This inquiry is to develop facts concerning leak rate test practices at Three Mile Island Unit No. 2 ("TMI-2") between February 2, 1978 and March 28, 1979. At that time GPU Nuclear was not in existence and Metropolitan Edison Company (" Met-Ed")

B601280372 860123 PDR ADOCK 05000320 G PDR L_

. T> SO3

e was the holder of the operating license for TMI-2. Effective as of January 1, 1982, the operating license for TMI-2 was trans-ferred to GPU Nuclear. Substantially all the TMI-2 records and the former TMI-2 personnel who were then employed by Met-Ed in nuclear-related activities were transferred to GPU Nuclear and many of them have continued in GPU Nuclear's employ. Consequent-ly, to the extent that the Presiding Board wishes access to those records or personnel, GPL Nuclear will be in a position to facil-itate such access. In shert, GPU Nuclear as a participant is likely to contribute to development of an adequate record.

II. GPU NUCLEAR HAS SUBSTANTIAL INTERESTS THAT MAY BE AFFECTED BY THIS INQUlv? INTO TMI-2 LEAK RATE TEST PRACTICES The Commission has stated that the purpose of the hearing is to develop the facts surrounding the TMI-2 leak rate falsifica-tions that occurred from February 2, 1978 to March 28, 1979 "to determine the involvement of any individual who may now work, or in the future work, at a nuclear facility licensed by the Commis-sion." CLI-85-18 at 4. Afte; reviewing the Presiding Board's recommended decision and the Staff's recommendations following the hearing, the Commission "will decide what further steps, if any, need to be taken with regard to involved individuals,"

including "whether to remove TMI-l employment constraints and whether to initiate formal enforcement action or take any licens-ing action with regard to involved individuals." Id. at 10-11.

3 The conduct of the proceeding and its scope will have e direct impact on GPU Nuclear and certain of its employees. GPU Nuclear is interested in advancing its understanding of the events related to TMI-2 leak rate testing and to respond accord-ingly to the lessons learned. Moreover, as the current and/or possibly future employer of some of the individuals who were di-rectly involved in TMI-2 leak rate testing, GPU Nuclear has a significant interest in participating as a party in a hearing whose purpose is to determine the extent of their involvement.

Inquiry into the involvement of these individuals, and especially of those currently employed, directly affects the interest of GPU Nuclear.

Moreover, GPU Nuclear has a direct interest in assuring that the contraints on the scope of the inquiry imposed by the Order are observed, since a failure to do so would increase the burdens on GPU Nuclear arising from this proceeding in terms of the time of its personnel and counsel and attendant costs. To the extent that issues arise on that score, GPU Nuclear has an interest as a participant to present its views.

In sum, GPU Nuclear seeks to intervene in the proceeding in order to ensure that its interests in the matters that will be con.adered are fully represented and protected.

CONCLUSION For the foregoing reasons, GPU Nuclear requests that the Presiding Board grant its petition for leave to intervene in this proceeding.

Dated: January 23, 1986 Respectfully submitted, M 1.

Ernest L. Blake, 4(4 6 Jr.

J. Patrick Hickey SHAW, PITTMAN, POTTS & TROWBRIDGE 1800 M Street, N.W.

Washington, D.C. 20036 (202) 822-1084 Counsel for Petitioner GPU Nuclear Corporation

_4_

e o

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE PRESIDING BOARD

)

In the Matter of )

)

INQUIRY INTO THREE MILE ) Docket No. LRP ISLAND UNIT ! LEAK RATE )

DATA FALSIFICATION ) ASLBP No. 86-519-02 SP

)

CERTIFICATE OF SERVICE I hereby certify that on January 23, 1986, I served the foregoing " Petition for Leave to Intervene" by mailing, first class, postage prepaid, a copy thereof to those persons on the following Service List:

Docketing and Service Section U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Administrative Judge James L. Kelley, Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Administrative Judge Glenn O. Bright Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Administrative Judge Jerry R. Kline Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Jack R. Goldberg, Esq.

Office of Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555

&fk. W<.)G.

Ernest L. Blake, Jr.