ML20058J078

Notification of Action Re ASLB 820727 Partial Initial decision.Ltr-designated Individuals G & H Accept 2-wk Suspension W/O Pay in Lieu of Proceedings to Consider Suspension/Mod of Operator Licenses.Certificate of Svc Encl

ML20058J078
Person / Time
Site:	Three Mile Island
Issue date:	08/06/1982
From:	Trowbridge G METROPOLITAN EDISON CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:
References
NUDOCS 8208090155
Download: ML20058J078 (6)

Text

_ _ _ _ _ _ _ _______ _____ . _ _ _ _ _ _ _ _ _ . _ . _ ____ _ _ _ _ _ __ _ - _ _ _ _____ __________ _ _ _ _ _ _ _ _ - - _ _ _ _ _ _ _ _ _ _ _ _ _

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UNITED STATES OF AMERICA , ,e .g dq NUCLEAR REGULATORY COMMISSION -

BEFORE THE COMMISSION _'

In the Matter of ) l

)

METROPOLITAN EDISON COMPANY ) Docket No. 50-289 i

) (Restart)

(Three Mile Island Nuclear )

Station, Unit No. 1) )

LICENSEE'S NOTIFICATION OF ACTION WITH RESPECT TO THE PARTIAL INITIAL DECISION (REOPENED PROCEEDING) DATED JULY 27, 1982 On July 27, 1982, the Licensing Board issued a Partial Initial Decision covering issues in the proceeding reopened by -

the Licensing Board's Order of September 14, 1981. In accor-dance with the Commission's Order of March 10, 1982, Licensee's comments to the Commission on the decision are not due until August 16, 1982.1I However, in view of the actions described below which have already been taken by Licensee with respect to one of the Licensing Board's recommendations and Licensee's need to respond to media interest in the matter, Licensee is notifying the Commission at this time of those actions.

l/ The Commission's Order stated that comments are to be filed within fourteen (14) days after service of the Board's decision.

Consistent with prior practice in this proceeding, service is taken to mean official service on the parties by the Docketing and Service Branch of the Office of the Secretary rather than courtesy service by the Board. Official service was made by reg-ular mail on July 28, 1982. Accordingly, adding five (5) days for mailing. time in accordance with 10 CFR 2.710, comments are due on August 16, 1982.

8208090155 820806 /

PDR ADOCK 05000289 PDR G

In its decision the Board found that Licensee's opera-tors G and H cheated in certain instances on Company-administered operator tests. After considering possible sanctions against G and H, including initiation by NRC of proceedings to modify or suspend their individual operator licenses, the Board pro-posed that G and H, as well as Licensee, voluntarily accept a two-week suspension without pay in lieu of an action against their licenses. The Board explained its proposal in paragraphs 2118 through 2121 of its decision as follows:

"2118. We have however fashioned a remedy which is within our jurisdiction which we pro-pose after considering several mitigating fac-tors. As we discuss below, we hold the Licensee accountable for permitting an undisciplined training and examination environment. While G -

and H cheated on their own volition, we believe that there should have been a clear and emphat-ically enforced policy of requiring absolute honesty on every examination. Also, we recog-nize that the examinations were administered b the company, not the NRC. They were semi-official in that they were required by the Commission's hearing order and regulations, but we cannot dis-cern that the official.importance of the examina-tions was ever effectively impressed upon the -

operators.

"2119. The Board has examined the answers to the quizzes involved in the G and H incidents.

The proportion of answers produced by cheating is relatively small. We do not believe that the overall results demonstrate a poor understanding of the. course material. We have, then, a ques-tion of ethics, not of competence. G and H have passed their NRC examinations under properly mon-itored conditions.

i "2120. The Board therefore proposes that G and H voluntarily accept a two-week suspension without pay in lieu of an action against their i

licenses. The suspension may be at any time G,

H and the Licensee deems best. Two weeks is not I

- the result of an exact mathematical calculation; it is the product of our collegial judgment. It is a remedy which is within our jurisdiction and is appropriate because it is fair, final, simple, and responsive to the G and H cheating episodes.

In terms of the very large numbers often associ-ated with nuclear power plants, two weeks' pay for a reactor operator does not seem to be very impor-tant. But, as to G and H, and, we regret, their families, the effect will be felt and remembered.

Moreover, this action will have an adverse effect on their careers. A portion of the monetary penalty imposed by the Board upon the Licensee is directly attributable to their actions.

"2121. Accordingly, the Board recommends to the Ccmmission that, in accordance with 10 CFR Part 2 Subpart B, and 10 CFR 55.40, a proceeding be init iated to consider the modification or syg0/

pension of the operators' licenses of G and H.

If, duriag the Commission's immediate effectiveness review, the Licensee reports to the Commission that G, H, and the Licensee accept the Board's proposal, this recommendation should be considered void."

(Footnote omitted) -

G and H have both advised Licensee that they elect the two-weeks suspension without pay proposed by the Licensing Board in lieu of proceedings to consider the suspension or modification of their operator licenses. Licensee for its part I has also accepted the ASLB's proposal. G and H have already l

l been placed on suspension without pay for a two-week period.

Respectfully submitted, SHAW, PI MAN, POTTS & TROWBRIDGE m_J Ge[rgeF. Trowbri e, P.C.

Dated: August 6, 1982 l

.y., .

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ,. ,- -3 g gr.

BEFORE THE COMMISSION .

-,: , g 9,i,i r'

. :, e .-

In the Matter of )

METROPOLITAN EDISON COMPANY Docket No. 50-289

) (Restart)

(Three Mile Island Nuclear )

Station, Unit No. 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Licensee's Notifica-tion of Action With Respect to the Partial Initial Decision (Reopened Proceeding) Dated July 27, 1982," dated August 6, 1982, were served upon those persons on the attached Service List by deposit in the United States mail, postage prepaid, or as indicated by asterisk, by personal service this 6th day of August, 1982.

8/ r /]4fd ./

G[orgeF. Trowbridg Dated: August 6, 1982

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UNITED SIATES OF AMERICA NUCLEAR RIIiUIA'IORY CX244ISSION BEEORE THE COMMISSION In the letter of )

)

!zadOLITAN EDISCN CINPANY ) Docket No. 50-289

) (Bestart)

('Ihree Mile Island Nuclear )

Station, Unit No. 1) )

SERVICE LIST ONunzio J. PallaMno, Chaim3n Administrative Judge Gary J. Edles U.S. Nuclear Pegulatory Ccmnission Chairman, Atanic Safety and Licensing Washingtcn, D.C. 20555 Appeal Board U.S. Nuclear Pegulatory Ccmnission OVictor Gilinsky, Ommissioner Washington, D.C. 20555 U.S. Nuclear Regulatory Ccmnission

- Washington, D.C. 20555 ~

Administrative Judge John H. Buck Atanic Safety and Limnsing Appeal Board 0 John F. Ahearne, Ommissioner U.S. Nuclear Regulatory Cmtnission U.S. Nuclear Pegulatory Otmnission Washington, D.C. 20555 Washingtcn, D.C. 20555 -

Administrative Judge Christine N. Kohl O'Ihcmas M. Ibberts, ccrmissioner Atanic Safety and Licensing Appeal Board U.S. Nuclear Pegulatory 0 mnission U.S. Nuclear Begulatory Ommission Washington, D.C. 20555 Washington, D.C. 20555 James K. Asselstine, Ccmnissioner Administrative Judge Beginald L. Gotchy U.S. Nuclear Pegulatory Ccmnission Atcmic Safety and Licensing Appeal Board Washington, D.C. 20555 U.S. Nuclear Begulatory Ommission

. Washington, D.C. 20555 Administrative Judge Ivan W. Smith Chairman, Atcmic Safety and Joseph Gray, Esquire (4)

Licensing Board Office of the Executive Icgal Director U.S. Nuclear Pegulatory Otmnission U.S. Nuclear Pegulatory Ccmnission Washington, D.C. 20555 Washington, D.C. 20555 Administrative Judge Walter H. Jordan *Ibcketing and Service Section (3)

Atcmic Safety and Licensing Board Office of the Secretary ,

881 West Outer Drive U.S. Nuclear Pegulatory Ocmnission Oak Ridge, Tennessee 37830 Washington, D.C. 20555 Administrative Judge Linda W.'Little Atanic Safety and Licensing Appeal Board Atanic Safety and Licensing Board Panel 5000 Hermitage Drive U.S. Nuclear Pegulatory Ccmnission Paleigh, North Carolina 27612 Washington, D.C. 20555

Atcmic Safety and Licensing Board Panel Ellyn R. Weiss, Fsquire U.S. Nuclear Regulatory Ccmnission Harmon & Weiss Washington, D.C. 20555 1725 Eye Street, N.W., Suite 506 Washington, D.C. 20006 Fobert Adler Esquire Karin W. Carter, Esquire Steven C. Sholly Assistant Attorney General Union of Concerned Scientists Omnorrealth of Pennsylvania 1346 Cbnnecticut Avenue, N.W. 41101 505 Dcecutive House .

Washington, D.C. 20036 P. O. Bax 2357 Harrisburg, PA 17120 Gail Phelps ANGIE John A. Isvin, Esquire 245 West Philadelphia Street Assistant Counsel York, PA 17404 Pennsylvania Public Utility Ommission P. O. Box 3265 Mr. and Mrs. Nortran Aamodt Harrisburg, PA 17120 R.D. 5 Coatesville, PA 19320 Jordan D. Cunningham, Esquire Fox, Farr & Cunningham Iouise Bradford 2320 North Second Street 'IMI ALERT Harrisburg, PA 17110 1011 Green Street Harrisburg, PA 17102 William S. Jordan, III, Esquire ,,

Hanton & Weiss Chauncey Kepford 1725 Eye Street, N.W., Suite 506 Judith J. Johnsrud Washington, D.C. 20006 Envizemental Coalition on Nuclear Power 433 Orlando Avenue State College, PA 16801 -

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