ML20210A375

Responds to TMI Alert (Tmia) 851020 Petition for Leave to Intervene.Nrc Does Not Oppose Petition,Subj to Tmia Satisfying Requirements of 10CFR2.714(b).Notice of Appearance for GE Johnson & Certificate of Svc Encl

ML20210A375
Person / Time
Site:	Three Mile Island
Issue date:	11/12/1985
From:	Johnson G NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20210A361	List: ML20210A357 ML20210A375
References
CH, NUDOCS 8511150007
Download: ML20210A375 (3)

Text

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O November 12, 1985 y.

UNITED STATES OF AMERICA

1. f s$' [rv NUCLEAR REGULATORY COPMISSION '83

%y BEFORE THE ADMINISTRATIVE LAW JUDGE $((jCE og ,

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In the Matter of GENERAL PUBLIC UTILITIES NUCLEAR DocketNo.50-289(CH)

(ThreeMileIslandNuclearStation,)

Unit No. 1) )

4 NRC STAFF RESPONSE TO TMIA'S REQUEST FOR LEAVE TO INTERVENE I. INTRODUCTION

Pursuant to the Comission's Notice of Pearing issued on September 5, 1985, Three Mile Island Alei ,'MIA) timely filed "TMIA's L Request for Leave to Intervene in the Hearing Granted Charles Husted"

~ (" Petition"), on October 20, 1985. By this Petition TMIA' seeks to be made a party to the hearing provided to Charles Husted by the Commission.

For the reasons set forth below the Staff does not oppose TMIA's petition to intervene in this proceeding.

II. DISCUSSION As_ bases for its petition to intervene, TMIA provided information, which is sumarized below:

(1) TMIA was a party to the management phase of the TMI-1 Restart proceeding, in which the Appeal Board accepted findings by the Licensing Board that Charles Husted had a poor g1150007851112 g ADOCK 050002G9 PDR

I attitude toward his responsibilities, as reflected by his testimony at the hearing and his responses to NRC investi-gators. The Appeal Board concluded that Mr. Husted's attitude had a bearing on the adequacy of the licensee's training program, which TMIA had contested. Petition, at 1-2.

(2) A decision by the Administrative Law Judge in this proceeding will address both the factual determinations reached by the Licensing Board (in LBP-82-56) and Appeal Board (inALAB-772)withrespecttoMr.Husted'sattitudeand integrity as well as the safety significance of those deter-minations. Since the outcome may be contrary to that reached earlier, TMIA's interests as advocated in the management phase of the TMI-1 Restart proceeding may be prejudiced. Petition, at 2-3.

TMIA had, of course, previously established its standing to intervene in the TMI-1 Restart proceeding I from which the instant proceeding derives and the Staff is aware of no change in TMIA's status which would undermine that standing. That previously-established standing, along with the above assertions of TMIA's further specific interest with regard to Mr. Husted's employment, satisfies the requirements of 10 C.F.R. 6 2.714(a)(2) and (d). Subject to TMIA's satisfying the further requirements of 10 C.F.R. Q 2.714(b), the Staff does not oppose admission of TMIA as a party to this proceeding.

• /

Metropolitan Edison Co. (Three Mile Island Nuclear Station, Unit 1),

Memorandum & Order Puling on Petitions and Setting Special Prehearing Conference (unpublished, September 21, 1979); LBP-79-34, 10 NRC 828, 850 at n.17 (1979).

[ ITI. C0hCLUSION For the reasons stated and subject to TMIA's satisfying the further requirements of 10 C.F.R. 9 2.714(b), the Staff does not oppose "TMIA's Request for Leave to Intervene in the Hearing Granted Charles Husted."

Res ctfully submitted, (j/(i' kh%

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' Georg E. nson Counsel fo NRC Staff Dated at Bethesda, Maryland this 12th day of November, 1985 1

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November 12, 1985 UNITED STATES OF AMERICA k,"j4yp NUCLEAR REGULATORY COMMISSION BEFORE THE ADMINISTRATIVE LAW JUDGE h'0V 14 Al0:34 c

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In the Matter of ) 8I h.Ir$

GENERAL PUBLIC UTILITIES NUCLEAR Docket No. 50-289 (CH)

(Three Mile Island Nuclear Station, )

Unit No. 1) )

NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney herewith enters an appearance on behalf of the NRC Staff in the captioned matter. In accordance with 10 C.F.R. Section 2.713(b), the following information is provided:

Name: George E. Johnson Address: U.S. Nuclear Regulatory Commission Office of the Executive Legal Director Washington, DC 20555 Telephone Number: 301-492-7445 Admission: Court of Appeals, State of New York Court of Appeals, State of Maryland U.S. District Court, District of Columbia U.S. Court of Appeals, 9th Circuit Name of Party: NRC Staff T

g c6c n C),jt(t<fl i, _

DeorgeE' Johnson CounseldorNRCL5taff ,

Dated at Bethesda, Maryland this 12th day of November,1985

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ADMINISTRATIVE LAW JUDGE l

In the Matter of )

)

GENERAL PUBLIC UTILITIES NUCLEAR ) Docket No. 50-289 (CH)

(Three Mile Island Nuclear Station, Unit No. 1) )

CERTIFICATE OF SERVIC_EE I hereby certify that copies of "NRC STAFF RESPONSE TO GPU NUCLEAR PETITION TO INTERVENE," "NRC STAFF RESPONSE TO TMIA'S REQUEST FOR LEAVE TO INTERVENE" and " NOTICE OF APPEARANCE" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, by deposit in the Nuclear Regulatory Comission's internal mail system, this 12th day of November, 1985:

• Morton B. Margulies

• Atomic Safety and Licensing Board Administrative Law Judge U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555

• Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Louise Bradford Washington, DC 20555 Three Mile Island Alert 1011 Green Street

• Docketing and Service Section Harrisburg, PA 17120 Office of the Secretary U.S. Nuclear Regulatory Commission Michael W. Maupin, Esq. Washington, DC 20555 Maria C. Hensley, Esq.

Hunton & Williams P.O. Box 1535 Richmond, VA 23212 Deborah B. Bauser, Esq.

Shaw, Pittman, Potts & Trowbridge 1800 M Street, NW Washington, DC 20036 .

i I)NA eorge Et Johnson

' !A - -

Counsel fer NRC Staff