ML20235M139

Requests That General Council Recommend to Commission That Order in CLI-85-02 Be Vacated as to GP Miller.No Basis for Condition in Record Compiled by Presiding Board Exists. Related Correspondence

ML20235M139
Person / Time
Site:	Three Mile Island
Issue date:	07/09/1987
From:	Maupin M HUNTON & WILLIAMS, MILLER, G.P.
To:	Malsch M NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#387-3977, CON-#387-4036 CLI-85-02, CLI-85-2, LRP, NUDOCS 8707170072
Download: ML20235M139 (2)

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,'< e-34195.000002 o ece os AL No, 804288 8372 Martin G. Malsch, Esq.

Deputy General Counsel for Licensing and Regulation United States Nuclear Regulatory Commission Washington, D.C. 20555 In the Matter of INQUIRY INTO THREE MILE ISLAND UNIT 2 LEAK RATE DATA FALSIFICATION (Docket No. LRP)

Dear Mr. Malsch:

Pursuant to the Order and Notice of Hearing, served on. December 18, 1985, in this proceeding, the Staff is now required to make recommendations to r.he Commission regarding what action, if any, is to be taken in light of the Recom-mended Decision, dated May 21, 1987, of the Presiding Board.

In your letter of June 22, 1987 to Ms. Marjorie Aamodt, you indicated that any comments a party might wish to make about the Presiding Board's Recommended Decision ought to be sent to you. The following are the comments of Gary P. Miller.

In Metropolitan Edison Co. (Three Mile Island Nuclear Station, Unit 1), CLI-85-2, 21 NRC 282 (1985), the Commission ordered that Gary P. Miller not be employed at TMI Unit 1 in a responsible management or operational position without spe-cific Commission approval. The only reason mentioned in CLI-85-2 for extending this condition to Mr. Miller is the fact that he was " implicated (in the leak rate falsification]

by the United States Attorney in his Statement of Facts at the (Metropolitan Edison Co.] sentencing hearing." 21 NRC at 300.

There has now been completed a full inquiry into the circumstances surrounding leak rate falsification at TMI Unit 2. The results are set out in the Recommended Decision.

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l H UNTON & . WILLI AM S ,

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L Martin G. Malsch, Esq.

Page 2 ,

July 9,1987 I i

l. I The Presiding. Board found, in summary, _that Mr. Miller exhib-  !

ited neither dereliction.nor culpable neglect in the per for-mance of his duties. Rec. Dec. at V 63. There is, then, no basis in the record for assigning any weight whatever to the United States Attorney's comments, made in the sentencing hearing.. ]

Accordingly, Mr. Miller requests that you recommend to the Commission.that the Order in CLI-85-2 be vacated as to j him. Mr. Miller has no plans at this time to seek a position at TMI Unit 1, and he knows of no plans by GPU Nuclear to offer him such a position. Nevertheless, the Order in j CLI-85-2 is an unwarranted constraint on his career oppor'tunities. It can also be construed as an adverse re-flection on his character and integrity. There being no basis for the condition in the record compiled by the Presid-ing Board, fairness and law require that the condition be  !

done away with.

Yours very truly, 7kkaaaMap Michael W. Maupin Counsel for Gary P. Miller 42/927 cc: Honorable Sheldon J. Wolfe 1 Honorable Glenn O. Bright Honorable James H. Carpenter Mary E. Wagner, Esq.

James B. Burns, Esq.

Harry H. Voigt, Esq.

Smith B. Gephart, Esq. and Jane G. Penny, Esq.

Ms. Marjorie.M. Aamodt and Mr. Norman O. Aamodt Atomic Safety and Licensing Board Panel Secretary, USNRC

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