ML20149M762

Decision.* ALAB-887 Reversing Administrative Law Judge Order in ALJ-87-3 Imposed in ALAB-772 That C Husted Have No Supervisory Responsibilities Re Training of Nonlicensed Personnel.Served on 880224

ML20149M762
Person / Time
Site:	Three Mile Island
Issue date:	02/23/1988
From:	Shoemaker C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:
References
CON-#188-5682 ALAB-772, ALAB-881, ALAB-887, CH, NUDOCS 8802290054
Download: ML20149M762 (3)

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COLKCiEC-UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ,

18 FG 24 40:32 3 ATOMIC SAFETY AND LICENSING APPEAL BOARD Administrative Judges: fchgh,((fy

• mRANCH

Alan S. Rosenthal, Chairman February 23, 1988 Thomas S. Moore (ALAB-887)

Howard A. Wilber

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In the Matter of SERVED FEB 2 41988

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i GENERAL PUBLIC UTILITIES NUCLEAR ) Docket No. 50-289 (Cil) 1

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(Three Mile Island Nuclear )

Station, Unit No. 1) )

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t l Michael W. Maupin, Richmond, Virginis, for Charles Husted.  !

l l Deborah B. Bauser, Washington, D.C., for intervenor l General Public Utilities Nuclear. I Louise Bradford, Harrisburg, Pennsylvania, for intervenor Three Mile Island Alert. l l

• Janice E. Moore for the Nuclear Recralatory Commission (

staff.

DECISION I j In ALAB-881, 26 NRC (December 31, 1987), we were faced with the appeal of Charles Husted from an Administrative Law Judge's ruling that left intact a license

! condition originally imposed on General Public Utilities i

Nuclear (GPUN) that barred the utility from employing Mr. I j Husted as supervisor of non-licensed operator training.

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The appeal was supported by GPUN and the NRC staff and it  !

See ALJ-S7-3, 25 NRC 345 (1987). 4 i '

4 J 8802290054 800223 9 g, DR ADOCK 0500 o 1

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2 was opposed by intervonor, Three Mile Island Alert. The history of the proceeding, the trial judge's findings, and '

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our discussion of the issues are detailed in ALAD-CW2 and need not be repeated here. Suffice it te note that we there determined that certain record evidence concerning Mr.

Husted's job performance at GPSN was pivotal to the cutcome of the appeal. We further found, however, that a l jurisdictional deficiency in the proceeding precluded uu from cor.sidering that evidence. It short, vc concluded that without the evidence in quest. ion we must affirm the trial 3

judge's decision but, if we ceuld consider the evidence of Mr. Husted's job performance, we would reverse.. In there 4

circumstances, we certified to the Cornission the question whether it wished to expand retroactively the subject matter of the proceeding to encompass the issus of Mr. Huhted's job 4 performance.

4 In a February 19, 1988 mamorandus and crdez, the l

j Commission responded to our certified question by directing i i

us to consider the subject evidence.2 Accorditagly, as

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presaged in ALAB-861, we now reverse the Administrative Law Judge's order in ALJ-67-3 to tha effect t. hat the ' condition  !

i regarding Charles Husted ieposed in ALAB-772,19 NRC at 1224, requt'ing that he have no supervisory responsibilities l

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CLT- 8 5-01, 27 NkC ,__.

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3 insofar as the training of nonlicensed personnel is concerned, shall not be vacated."3 Further, we vacate the 4

• trial judge's conclusion that "[t]here is na basis to come to a different finding in regard to Mr. Huuted serving in those licensed capacities in which the Licensee and the Commonwealth of Pennsylvania stipulated that he should not serve." ,

It is so ORDERED.

FOR THE APPEAL BOARD k.f -8} .W C . J (d i n Ghoemaker i Secretury to the Appeal Board r

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s 25 NRC at 385.

Id.

1 As the Comnission indicated in the hearing notice, the agency is powerless to undo the stipulation between GPUN and the Commonwealth of Pennsylvania. Thus, Mr. Husted must seek relief directly from those parties if he wishes

reinstatement to the positions of licensed operator, j

instructor of licensed operators or training instructor. ,

See 50 Fed. Reg. 37,099 (1985).

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