ML20215J898

Response of Numerous Employees to Aamodt Request to File Comments on Recommended Decision.* Numerous Employees Do Not Agree W/Aamodt That Recommended Decision Is Greatly in Error.Certificate of Svc Encl

ML20215J898
Person / Time
Site:	Three Mile Island
Issue date:	06/19/1987
From:	Voigt H GENERAL PUBLIC UTILITIES CORP., LEBOEUF, LAMB, LEIBY & MACRAE
To:	NRC COMMISSION (OCM)
References
CON-#287-3818 LRP, NUDOCS 8706250144
Download: ML20215J898 (5)

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DOM EiFi UNITED STATES OF AMERICA "WW NUCLEAR REGULATORY COMMISSION BEFORE THE COMM'ISSION '87 JLN 19 P4 :28 6FFn:

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In The Matter of ) ekC'*

) .g INQUIRY INTO THREE MILE ) Docket No. LRp  !

ISLAND UNIT 2 LEAK RATE )  !

' DATA FALSIFICATION ) jIo~3}"D i

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RESPONSE OF NUMEROUS EMPLOYEES TO-AAMODT REQUEST TO FILE COMMENTS ON RECOMMENDED DECISION j

" Numerous Employees"I' hereby respond to the Aamodt request, served June 12, 1987, to file coraments on the May -21, 1987 Recommended Decision. The parties should be permitted to file comments on the Recommended Decision, but for reasons other than those advanced by the Aamodts.

Numerous Employees include several persons who are licensed operators and include most of those who might be affected by Commission action, if any, in this proceeding. In CLI-85-18, 22 N.R C. 877, 884 n.3 (1985), the Commission stated that, even though the statute of limitations on the underlying events in this proceeding has passed, it might nevertheless take immediate enforcement action against involved individuals.

.Therefore, such persons have a right, as a matter of due process and fundamental fairness, to be heard prior to the possibility of such action.

1/ " Numerous Employees" include 25 present or former TMI-2 employees. See Recommended Decision at 12 n.7.

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Furthermore, some of the findings and conclusions of the Recomraended Decision itself constitute injury to several of 4

the Numerous Employees, who have reputational interests that are affected b/ these proceedings. Also, many of the Numerous Employe9s are barred, as a condition to the restart of TMI-1, from working there in a licensed capacity prior to Commission

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action herein. For those reasons as well, Numerous Employees have a due process right to be heard before the Commission takes action with respect to the. Recommended Decision.1' Numerous Employees do not agree with the Aamodts that the Recommended Decision is " greatly in error". Numerous Employees disagree with several of the Presiding Board's findings and conclusions, but believe much of the Recommended Decision is based on substantial record evidence. Thus, the comments of Numerous Employees will challenge those findings that are contrary to, or have inadequate basis in, the record.

Numerous Employees intend, further, to brief the several important and novel legal issues that arose before the Board and which the Board resolved incorrectly or not at all (with l

i 2/ Numerous Employees do not agree wi.th the Aamodts  ;

that their June 12, 1987 Motion for Reconsideration justifies the filing of comments by the Aamodts with the Commission. The Motion is wrong, addresses irrelevant issues, and constitutes i further unwarranted attack on counsel, for which rce Aamodts j have been repeatedly and justifiably admonished by the Presiding Board. We are confident that it will be denied by j the Board. l j

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3 respect.to the. issue whether Administrative Procedures are 1

legal requirements).

The. Commission would be aided by the parties' views'in analyzing the Recommended Decision against the massive record of.this proceeding. Accordingly, we urge the Commission to allow the filing of comments on or before the date on which l Staff recommendations arc due.

WHEREFORE, Numerous Employees urge the Commission to allow all parties to file comments on the Recommended Decision, for the reasons stated herein.

l Respectfully . submitted, Of Counsel: LeBOEUF, LAMB, LEIBY & MacRAE MICHAEL F. McBRIDE' By eaxA,is

. ROBERT ST. JOHN ROPER yPartner j MOLLY S. BOAST 1333 New Hampshire Avenue, N.W.

JAMES W. .MOELLER Suite 1100 MARLENE L. STEIN Washington, D.C. 20036 (202) 45747500 SMITH B. GEPHART KILLIAN & GEPHART '

JANE G. PENNY- 216-218 Pine Street TERRENCE G. McGOWAN Harrisburg, PA 17108 (717) 232-1851 1

Attorneys for the Numerous Employees J June 19, 1987

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'87 JJN 19 P4 :28 !

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UNITED STATES OF AMERICA Of ' L l NUCLEAR REGULATORY COMMISSION DOCH ,

BEFORE THE COMMISSION In the Matter of )

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INQUIRY INTO THREE MILE )

ISLAND UNIT 2 LEAK RATE )

DATA FALSIFICATION ) Docket No. LRP

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i CERTIFICATE OF SERVICE I hereby certify that I have served this 19th day of June, 1987, the foregoing " Response of Numerous Employees to Aamodt Request to File Comments On Recommended Decision", by first-class mail, postage prepaid, or, as indicated by an asterisk, by hand delivery, to the following:

• Honorable Lando W. Zech

• Honorable Thomas M. Roberts Chairman U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 l Washington, D.C. 20555 {

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" Honorable James K. Asselstine

• Honorable Frederick M. Bernthal l U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555

• Honorable Kenneth M. Carr James L. Kelley, Chairman U.S. Nuclear Regulatory Administrative Judge Commission Atomic Safety and Licensing Washington, D.C. 20555 Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555

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James H. Carpenter Glenn O. Bright Administrative Judge Administrative Judge Atomic Safety and Licensing' Atomic Safety.and Licensing Board Panel Board Panel U.S. Nuclear Regulatory U.S. Nt. clear Regulatory .

Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Mary E. Wagner, Esq. Honorable James L. Kelley Office of the General Margolius, Davis, Finkelstein Counsel' & Rider U.S. Nuclear Regulatory 1503 21st Street, N.W.

Commission Washington, D.C. 20036 Washington, D.C. 20555 Ernest L. Blake, Jr., Esq. James B. Burns, Esq.

Shaw, Pittman, Potts & Isham, Lincoln & Beale Trowbridge Three First National Plaza 2300 N Street, N.W. Suite 5200 Washington, D.C. 20037 Chicago, IL' 60602 Michael W. Maupin, Esq. Ms. Marjorie M. Aamodt Hunton & Williams 200 North Church Street P.O. Box 1535 Parkesburg, PA 19365 Richmond, VA 23212 Ms. Marjorie M. Aamodt

• Docketing and Service Branch (3)

Box 652 U.S. Nuclear Regulatory Lake Placid, NY 12946 Commission 1717 H Street, N.W.

Washington, D.C. 20555

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