ML20214G426
| ML20214G426 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 05/13/1987 |
| From: | Bradford L THREE MILE ISLAND ALERT |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#287-3496 CH, NUDOCS 8705270065 | |
| Download: ML20214G426 (6) | |
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d$b 00CMETED UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ll? MAY 19 M1:23 Before the Atomic Safety and Licensing Appeal Board In the Matter of
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Docket Ng0,CFjd.28.9)[CHF
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TMTA'S RESPONSE TO APPEAL BOARD ORDER DATED MAY S.
1987 On 5 May, 1987, the Appeal Board ordered TMIA "
show cause in a memorandum filed and served no later than May 15, 1987 why.its appeal should not be dismissed as untimely." The
. Appeal Board further directed TMIA to include "... a brief statement 1ofLthe' grounds upon which TMIA proposes to challenge-the April 2; initial decision."
In compliance with that order, TMIA submits the following.
.On page 71 of the initial decision, under the heading
" Ultimate _ Conclusion and Order," Judge Margulies states in part, "In acce'cdance with -10 CFR 2.760, this initial decision will constitute final action of the Commission thirty (30) days after its date, unless an appeal is taken in accordance with 10 CFR 2.762."
The undersigned representative for TMIA, who is not an attorney, interpreted that statement to mean that she had thirty days in WHICH to notify the Commission of TMIA's intention to take an appeal from the initial decision.
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a Furthermore, TMIA's representative was mindful of her responsibility to review the rule-cited by the Administrative Law Judge in the'above quoted passage, however, because the undersigned works.during the day she was unable to use the up-to-date copy of 10.CFR in the Pennsylvania' State Library.
Instead, she contacted Thomas Y. Au, Esquire, an attorney for the' Pennsylvania-Department of Environmental Resources, and asked for his interpretation of the quoted passage.
Mr. Au's interpretation was essentially in agreement with that of the undersigned (see attached affidavit of Thomas Y. Au).
Therefore,-at the time that the " Notice of Appeal" was filed by TMIA, TMIA's representative had taken reasonable precautions to ensure that she was in compliance with the order of the Administrative Law Judge, and at the time had every reason to belive that the filing was timely.
TMIA actively participated in the cheating hearing, which gave rise to the instant proceeding.
TMIA, the only party to represent the public in the instant process, is the sole party to take a position opposing Husted.
TMIA's participation in the appeal process is necessary for a full
. airing of all the issues.
In' footnote three of the Order, the Appeal Board points out-that the-cited violation is not jurisdictional but that
-time limits have been strictly enforced as a matter of
" general policy."
Enforcement of the Appeal Board's policy in this instance would cause TMIA to be unfairly penalized.
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If TMIA is permitted to file an appeal, it intends to show that the following findings of the Administrative Law Judge are not supported'by.the record and should be reversed:
1.
There is no convincing evidence that Mr. Husted solicited an answer to an exam question from Mr.
Janes during_the April 1981 NRC examination.
- 2. 'That Husted did not conceal information from investigators about cheating on the April 1981 NRC examination.
3.
That Mr. Husted's regular job performance i
reflected very positively on his attitude and did not present anything to adversely reflect on his integrity.
No other party will be prejudiced if TMIA is allowed to file its appeal. Charles Husted has already filed a notice of
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appeal and an Appeal Board has been appointed.
In consideration of the above, TMIA respectfully requests that it be permitted to file its appeal.
Respectfully submitted:
/er tur WZC May 13, 1987 Louise Bradford for Three Mile Island Alert Inc.
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SS Ccunty of Druphin
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Affidavit of Thomas Y. Au I, Thomas Y. Au, being duly sworn according to law, hereby depose and say:
- 1. On or about the evening of April 20, 1987, Ms. Louise Bradford called me at home by telephone to inquire as to the last date by which
- an appeal could be filed related to the special proceeding involving Charles Husted (Docket No. 50-289 (CH)]. She read me the last paragraph of the decision, which stated in part:
"In accordance with 10 CFR 2.760, this initial decision will constitute final action of the Consission thirty (30) days af ter its [ sic] date, unless an appeal is taken in accordance with 10 CFR 2.762."' She explained that she had just received a copy of an appeal by Mr. Husted, and questioned when she had to file an appeal.
- 2. I stated that from the language of the initial decision cited above, it appeared that the judge had provided an appeal period of thirty days, and that Ms. Bradford would have thirty days from the date of the initial decision to file an appeal, if she chose to file an appeal.
3.
I further urged Ms. Bradford that if she wished to file a notice of appeal, she need not wait until the end of the thirty day period.
Thomas Y. Au /
Affiant Sworn to and subscribed before me l
a notary public, this- /ofd day of May, 1987.
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UNITED STATES OF AMERICA 5
NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Appeal Bo}[d W W M :24 in the Matter of )
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Docket No.3668${QH)N
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Three Mile Island Nuclear Station,
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Unit # 1
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CERTIFICATE OF SERVICE I certify that the attached TMIA's Response to Appeal Board Order Dated May 5,1987 was served upon the following persons by deposit in the U.S. Mail, first class, postage prepaid, addressed to them at the following addresses, on this day the 13th of May,1987 Alan S. Rosenthal Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Thomas S. Moore Atomic Safety and Ucensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Howard A. Wilber Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Morton B. Margulies Administrative Law Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 1
George E. Johnson, Esq.
Office of the Executive Legal Director U.S. Nuclear Regulatory Commission
- Washington, D.C. 20555 Michael W. Maupin, Esq.
Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, VA 23212 Deborah B. Bauser, Esq.
Scott Barat, Esq.
Shaw, Pittman, Potts & Trowbridge 2300 N Street, NW Washington, D.C.
Docketing U.S. Nuclear Regulatory Commission Washington, D.C. 20555 -
Louise Bradford
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for Three Mile Island Alert Irfc.
May 13,1987 2
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