ML20149K952

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Memorandum & Order.* Order CLI-88-01 Directing Aslab to Consider Issue of C Husted Job Performance at Util in Rendering Decision in Retroactively Expanding Proceeding. Served on 880219
ML20149K952
Person / Time
Site: Crane Constellation icon.png
Issue date: 02/19/1988
From: Hoyle J
NRC OFFICE OF THE SECRETARY (SECY)
To:
NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
CON-#188-5654 ALAB-881, CH, CLI-88-01, CLI-88-1, NUDOCS 8802240051
Download: ML20149K952 (2)


Text

5b5y COLETED UuRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

'88 Fa 19 N1:28 ei COMMISSIONERS:

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Lando W. Zech, Jr., Chaiman Thomas M. Roberts Frederick M. Bernthal Kenneth M. Carr SERVED FEB 1 9 1988 Kenneth C. Rogers In the Matter of

)

GENERAL PUBLIC UTILITIES NUCLEAR DocketNo.50-289(CH)

(Three Mile Island Nuclear Station, Unit No. 1

)

MEMORANDUM AND ORDER CLI 01 On December 31, 1987, the Appeal Board issued ALAB-881 certifying a question to the Commission concerning its jurisdiction. Specifically, the Appeal Board sought guidance on the question of whether the l

Comission wishes to expand retroactively the subject matter of the proceeding to include the issue of Mr. Charles Husted's job perfomance l

st General Public Utilities Nuclear ("GPUN").

The Comission has decided to pemit the evidence of Mr. Husted's job performance at GPUN to be considered by the Board. Specifically, the Comission finds that such evidence is re'evant to the question of whether the restart condition should be vacated by the Board.

In determining whether the condition continues to be warranted, it is l

8802240051 880219 l

PDR ADOCK 05000289 G

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_2 reasonable to take into account mitigating factors such as satisfactory job perfomance.

In reaching our decision we need not detemine whether the Appeal Board correctly decided that subject natter jurisdiction did not extend to consideration of Mr. Husted's job perfomance.

Consideration of this issue will not necessitate the taking of new evidence. Evidence of Mr. Husted's recent job perfomance at GPUN is already in the record and was considered by the Administrative Law Judge. Pemitting consideration of this issue, therefore, will not necessitate reopening of the record.

Accordingly, the Comission directs the Appeal Board to consider the issue of Mr. Charles Husted's job performence at GPUN in rendering its decision in this matter.

It is so ORDERED.

For the Comission

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//

JOHN C. H0YLE q

,8 AssistJ6t Secretary of the Comission V

40*****vf Deced at Washington, D.C.

this /I day of /</ m, 1988 v

  • Comissioners Bernthal and Rogers were not present for the affimation of this order; if they had been present they would have approved it.

.