ML20126F488

Response to C Husted Motion to Defer Consideration of Commonwealth of PA Motion to Disqualify Husted Legal Counsel.Notice of Appearance & Certificate of Svc Encl

ML20126F488
Person / Time
Site:	Three Mile Island
Issue date:	06/13/1985
From:	Johnson G NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	NRC COMMISSION (OCM)
References
CON-#285-425 CH, NUDOCS 8506170502
Download: ML20126F488 (6)

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4 s June 13, 1985 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION DOCXETED In the Matter of )

Docket No. 50-289-CH CHARLES HUSTED l '85 JJN 14 A11 :S1 0FFICE OF ZECriTM v NRC STAFF RESPONSE TO CHARLES HUSTED'S 00chEiinc, r sEgy;q 0

• CH MOTION-T0 DEFER CONSIDERATION OF THE COMMONWEALTH OF PENNSYLVANIA'S MOTION TO DISQUALIFY MR. HUSTED'S LEGAL COUNSEL i

I. INTRODUCTION In a " Motion by Charles Husted to Refer Consideration of the Commonwealth of Pennsylvania's Motion to Disqualify the Law Firm of Shaw, Pittman, Potts & Trowbridge," dated May 28, 1985, Mr. Husted requests that the Comission defer ruling on the Comonwealth's motion to disqualify the law firm representing Mr. Husted and refer the motion to the presiding officer assigned to conduct the hearing which Mr. Husted has requested. For the reasons discussed below, the Staff supports deferral of consideration of the Commonwealth of Pennsylvania's Motion.

II. DISCUSSION In Metropolitan Edison Company, et al. (Three Mile Island Nuclear Station, Unit 1), CLI-85-2, 21 NRC 282, 317 (1985), the Commission decided to provide Mr. Charles Husted with "an opportunity to request a hearing on whether the Appeal Board's condition barring him from supervisory responsiblities insofar as the training of nonlicensed 8506170502 850613 /

PDR ADOCK 05000289 9 o eDR O D .

personnel is concerned should be vacated." M. The Commission stated that should Mr. Husted request such a hearing within the time provided, the Comission would " assign the matter to an Administrative Law Judge for hearing separate from this proceeding." M. By letter of March 25, 1985, Mr. Husted, through counsel, requested such a hearing. See, Notice to Commission, Appeal Board, Licensing Board and Parties, dated March 25, 1985, sent to Docket No. 50-289 SP (Restart) service list.

At the present time, however, no presiding officer has been designated, nor have the parties to the proceeding been determined. The Commonwealth of Pennsylvania's motion is therefore premature. In addition, there is no apparent reason why Comission action at this time on the Comonwealth of Pennsylvania's motion is either necessary or appropriate. The motion to disqualify the law firm of Shaw, Pittman, Potts & Trowbridge from representing Mr. Husted is a matter which would fall within the jurisdiction of a presiding officer, once designated. 10 C.F.R. 5 2.717(a). Indeed, the Comonwealth of Pennsylvania's motion may involve resolution of disputed issues of fact which it would be appropriate for a presiding officer, rather than the Commission, to hear in the first instance. Given the Comission's intent to designate an Administrative Law Judge to conduct the proceeding, the Staff agrees with the position taken by Charles Husted, that considera-tion of Comonwealth of Pennsylvania's motion ought to be deferred until a presiding officer is designated. At that time, the subject motion may be referred or resubmitted to the presiding officer, as appropriate.

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III. CONCLUSION For the reasons stated above, the Staff supports Charles Husted's motion.to defer consideration of the Commonwealth of Pennsylvania's disqualification motion until a presiding officer is designated with jurisdiction over such motion.

Respectfully submitted, George . Johnson Counsel for NRC Staff Dated at Bethesda, Maryland this 13th day of June, 1985.

s UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFnRE THE COMMISSION USNEc In the Matter of )

Docket No. 50-289-CH

'85 JUN 14 All:52 NOTICE OF APPEARANCE MYE BR CN

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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 Admissions: 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 b

$ug[/Sbk George E./ Johnson Counsel for NRC Staff Dated at Bethesda, Maryland this 13th day of June,1985.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION DOMEin In the Matter of ) .

Docket No. 50-289-CH CHARLES HUSTED 1 '85 JUN 14 All :52 CERTIFICATE OF SERVICE

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Lt I hereby certify that copies of "NRC STAFF RESPONSE TO CHARLES HUSTEd Y MOTION TO DEFER CONSIDERATION OF THE COMMONWEALTH OF PENNSYLVANIA'S MOTION TO DISQUALIFY MR. HUSTED'S LEGAL COUNSEL" 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 Commission's internal mail system, this 13th day of June,1985:

• Samuel J. Chilk Louise Bradford Secretary of the Comission Three Mile Island Alert U.S. Nuclear Regulatory Comission 1011 Green Street Washington, DC 20555 Harrisburg, PA 17102

• Herzel H. E. Plaine, General Counsel Lynne Bernabei, Esq.

U.S. Nuclear Regulatory Comission Government Accountability Project Washington, DC 20555 1555 Connecticut Ave., NW Washington, DC 20009 Debbie Bauser Counsel for Charles Husted *Ivan Smith Shaw, Pittman, Potts & Trowbridge Administrative Judge 1800 M Street, NW Atomic Safety and Licensing Board Washington, DC 20036 U.S. Nuclear Regulatory Comission Washington, DC 20555 Mr. Henry D. Hukill Vice President *Sheldon J. Wolfe GPU Nuclear Corporation Administrative Judge Post Office Box 480 Atomic Safety and Licensing Board Middletown, PA 17057 U.S. Nuclear Regulatory Comission Washington, DC 20555 Thomas Y. Au, Esq.

Office of Chief Counsel *Mr. Gustave A. Linenberger, Jr.

Department of Environmental Resources Administrative Judge 505 Executive House Atomic Safety and Licensing Board P. O. Box 2357 U.S. Nuclear Regulatory Comission Harrisburg, PA 17120 Washington, DC 20555

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Mr. Marvin I. Lewis Ms. Ellyn R. Weiss 6504 Bradford Terrace Hannon, Weiss & Jordan Philadelphia, PA 19149 2001 S Street, NW Suite 430 Mr. C. W. Smyth, Manager Washington, DC 20009 Licensing TMI-1 Three Mile Island Nuclear Station William S. Jordan, III, Esq.

P. O. Box 480 Harmon, Weiss & Jordan Middletown, PA 17057 20001 S Street, NW Suite 430 Ms. Marjorie Aamodt Washington, DC 20009 200 North Church Street Parkesburg, PA 19365 Jordan D. Cunningham, Esq.

Fox, Farr and Cunningham Sen. Allen R. Carter, Chairman 2320 North 2nd Street Joint Legislative Committee on Energy Harrisburg, PA 17110 Post Office Box 142 Suite 513 Ms. Jane Lee Senate Gressette Building 183 Valley Road Columbia, SC 29202 Etters, PA 17319 Chauncey Kepford Michael W. Maupin, Esq.

' Judith Johnsrud Hunton & Williams Environmental Coalition on Nuclear Power 707 East Main Street 433 Orlando Avenue P. O. Box 1535 State College, PA 16801 Richmond, VA 23212 Ms. Frieda Berryhill, Chairman Mr. Thomas Gerusky Coalition for Nuclear Power Plant Bureau of Radiation Protection Postponement Dept. of Environmental Resources 2610 Grendon Drive P. O. Box 2063 Wilmington, DE 19808 Harrisburg, PA 17120 Michael McBride, Esq. George F. Trowbridge, Esq.

LeBoeuf, Lamb, Leiby & McRae Shaw, Pittman, Potts & Trowbridge Suite 1100 1800 M Street, NW 1333 New Hampshire Avenue, NW Washington, DC 20036 Washington, DC 20036

• Atomic Safety & Licensing

• Docketing & Service Section Board Panel Office of the Secretary U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Consnission Washington, DC 20555 Washington, DC 20555

• Atomic Safety and Licensing Appeal Board Panel (8)

U.S. Nuclear Regulatory Commission Washington, DC 20555 l* {

George E. Johnson

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Counsel for NRC Staff

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