ML20151T434

Petition of Jm Kidwell,1978-1979 Employee of Met Ed,For Leave to Intervene Re Alleged Falsification of Leak Rate Data at Facility.Certificate of Svc Encl

ML20151T434
Person / Time
Site:	Three Mile Island, 07801979
Issue date:	02/04/1986
From:	Voigt H LEBOEUF, LAMB, LEIBY & MACRAE
To:	Atomic Safety and Licensing Board Panel
References
CON-#186-983 LRP, NUDOCS 8602100270
Download: ML20151T434 (5)

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BEFORE THE PRESIDING BOARD bi, FEB -6193c:* 4T

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INQUIRY INTO THREE MILE ISLAND ) Docket No. LRP UNIT 2 LEAK RATE DATA )

FALSIFICATION )

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PETITION OF JOHN M. KIDWELL FOR LEAVE TO INTERVENE In response to the Commission's Order and Notice of Hearing issued on December 18, 1985 (" Order"), CLI-85-18, 50 Fed. Reg.

52,388 (Dec. 23, 1985), John M. Kidwell (" Petitioner") hereby petitions to intervene in this inquiry into the alleged falsification of leak rate data at Three Mile Island Unit 2

("TMI-2") as one of the norerous 1978-79 employees of Metropolitan Edison Company (" Employees"). See Petition of Numerous 1978-79 Employees of Metropolitan Edison Company for Leave to Intervene (Jan. 31, 1986). Petitioner has interests that may be affected by this proceeding and will likely contribute to the development of an adequate record. Order at

7. Moreover,' Petitioner has no other means available to protect these uniquely personal interests, which cannot be represented by other parties to the proceeding.

8602100270 060204 PDR ADOCK 05000320 G PDR 33o3

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l Contribution to the Record Petitioner was employed by Metropolitan Edison Company as a control room operator at TMI-2 in 1978-79 and was consequently invblvedintheperformanceoftheleakratesurveillancetests whose alleged falsification is the subject of this inquiry.

Thus Petitioner can contribute personal knowledge to the development of an adequate record on the facts surrounding those allegations.

Interests That May Be Affected Petitioner, as indicated, was involved in the performance of leak rate surveillance tests at TMI-2 in 1978-79. Thus Petitioner, like each of the Employees, has interests that may .

be affected by the Presiding Board's findings on the allegations of TMI-2 leak rate data falsification.

Nontimely Filing Petitioner acquired in early January 1986 a new mailing address following an interstate move. His current work schedule further complicated efforts to contact Petitioner and discuss with him the significance of this proceeding. As a result, counsel were not able to confirm Petitioner's desire to intervene in time to include his name in the Employees' January 31 filing. Petitioner has uniquely personal professional and other interests that may be affected by this proceeding. These

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1 interests cannot be represented by other parties to this proceeding, including the Employees. Though Petitioner is

. represented by counsel for the Employees, his interests, like those of each of the Employees, require individual consideration and representation. Moreover, Petitioner has no other means available to protect these interests.

Conclusion For the foregoing reasons, Petitioner requests that the Presiding Board grant this nontimely Petition for Leave to Intervene in this proceeding.

Respectfully submitted, LEBOEUF, LAMB, LEIBY & MACRAE -

By kdAAd of Counsel: (frtner g William G. Primps 1333 New Hampshire Avenue, N.W.

Michael F. McBride Suite 1100 Molly S. Boast Washington, D.C. 20036 James W. Moeller (202) 457-7500 Marlene L. Stein Smith B. Gephart KILLIAN & GEPHART Jane G. Penny 216-218 Pine Street Terrence J. McGowan Box 886 Harrisburg, PA 17108 (717) 232-1851 Counsel for Numerous 1978-79 Employees of Metropolitan Edison Company Dated: February 4, 1986 r

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In the Matter of )

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INQUIRY INTO THREE MILE ISLAND ) Docket No. LRP UNIT 2 LEAK RATE DATA )

FALSIFICATION )

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CERTIFICATE OF SERVICE I hereby certify that I have served copies of " Petition of John M. Kidwell for Leave to Intervene" by deposit in the United States mail, first class, postage prepaid, to the

.following persons this 4th day of February 1986:

Administrative Judge James L. Kelly, 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 the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555

O Docketing and Service Branch U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Ernest L. Blake, Jr., Esq.

Shaw, Pittman, Potts & Trowbridge 1800 M Street, N.W.

Washington, D.C. 20036 Marvin I. Lewis 6504 Bradford Terrace Philadelphia, PA 19149 James B. Burns, Esq.

Isham, Lincoln & Beale Three First National Plaza Suite 5200 Chicago, IL 60602 Michael W. Maupin, Esq.

Hunton & Williama . .

P.O. Box 1535 Richmond, VA 23212 wa1%.h on \

James W. Moelle-

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