ML100990265
| ML100990265 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 04/09/2010 |
| From: | Karlin A Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| 50-275-LR, 50-323-LR, ASLBP 10-900-01-LR-BD01, RAS 17696 | |
| Download: ML100990265 (5) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Alex S. Karlin, Chairman Nicholas G. Trikouros Dr. Paul B. Abramson In the Matter of Docket Nos. 50-275-LR and 50-323-LR PACIFIC GAS & ELECTRIC COMPANY ASLBP No. 10-900-01-LR-BD01 (Diablo Canyon Nuclear Power Plant, Units 1 April 9, 2010 and 2)
NOTICE OF DISCLOSURE The administrative judges of the Atomic Safety and Licensing Board Panel (ASLBP) of the U.S. Nuclear Regulatory Commission are subject to legal and ethical standards more stringent than those applicable to other NRC employees. The standard applicable in the federal courts, and applied by the NRC as well, is that a judge shall disqualify himself in any proceeding in which his impartiality may reasonably be questioned. 28 U.S.C. § 455(a).1 This is an objective standard. The fact that a judge is actually impartial is not sufficient. The law requires that there is no reasonable basis upon which a judges impartiality might reasonably be questioned. Even if a judge believes that there is no such basis for disqualification, he or she should disclose any information that might reasonably be considered relevant to this issue.2 1
Long Island Lighting Company (Shoreham Nuclear Power Station, Unit 1), CLI-84-20*, 20 NRC 1061,1078 n. 46 (1984). See also Hydro Resources, Inc. (2929 Coors Road, Suite 101, Albuquerque, NM 87120), CLI-98-9, 47 NRC 326, 331 (1998); Houston Lighting and Power Company (South Texas Project, Units 1 and 2), CLI-82-9, 15 NRC 1363, 1366 (1982); MODEL CODE OF JUDICIAL CONDUCT R. 2.11 (2007); 28 U.S.C. § 455(a).
2 A judge should disclose on the record information that the judge believes the parties or their lawyers might reasonably consider relevant to a possible motion for disqualification, even if the
In accordance with these principles, I place the following information into the record of this proceeding:
My wife and I reside in Potomac, Maryland. In 2003 we purchased a small undeveloped parcel of land (75 x 125 feet) on Fourth Street in Los Osos, California as a possible location for a retirement home. I do not plan to retire for at least 6 years. Meanwhile, this empty parcel is currently undevelopable due to a construction moratorium imposed on Los Osos by the California Regional Water Quality Control Board.
I have considered this situation and, in accordance with normal ASLBP procedures, I discussed these facts with the Chief Administrative Judge of the ASLBP before he assigned me to this matter. I am confident that, as an actual matter, I can be impartial in this proceeding.
Further, I do not believe that the foregoing facts constitute a basis upon which my impartiality might reasonably be questioned. Nevertheless, I will listen with an open mind to any party, potential party,3 or interested State or local governmental body or affected Federally-recognized Indian Tribe that may believe otherwise. 4 If any party or potential party to this proceeding, or any interested State or local governmental body or affected Federally-recognized Indian Tribe, believes that the foregoing facts may warrant my recusal, then they should file a motion herein to that effect within ten days of the date of this notice. See 10 C.F.R. §§ 2.323 and 2.313(b).
judge believes there is no basis for disqualification. MODEL CODE OF JUDICIAL CONDUCT R. 2.11 cmt. 5 (2007).
3 Potential Party means any person who has requested, or who may intend to request, a hearing or petition to intervene in a hearing. 10 C.F.R. § 2.4.
4 NRC regulations provide that the Board will afford an interested State, local governmental body (county, municipality or other subdivision), and affected, Federally-recognized Indian Tribe, which has not been admitted as a party under § 2.309, a reasonable opportunity to participate in a hearing. 10 C.F.R. § 2.315(c).
Answers to any such motion should be filed within seven days thereafter. I will consider and promptly rule on any such motion.5
/RA/
Alex S. Karlin ADMINISTRATIVE JUDGE6 Rockville, Maryland April 9, 2010 5
Pursuant to NRC regulations, a motion for recusal or disqualification is decided in the first instance, by the judge in question. If, however, he or she denies the motion, then it is automatically referred to the Commission for review and ultimate decision. See 10 C.F.R.
§ 2.313(b).
6 Copies of this notice of disclosure were sent this date by the agencys E-Filing system to the counsel/representatives for (1) Pacific Gas and Electric Company; (2) San Luis Obispo Mothers for Peace; and (3) NRC Staff.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
PACIFIC GAS AND ELECTRIC COMPANY ) Docket Nos. 50-275-LR
) and 50-323-LR (Diablo Canyon Nuclear Power Plant, )
Units 1 and 2) )
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing NOTICE OF DISCLOSURE have been served upon the following persons by the Electronic Information Exchange.
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Office of the General Counsel Mail Stop: T-3F23 Mail Stop: O-15D21 Washington, DC 20555-0001 Washington, DC 20555-0001
, Chair Edward Williamson, Esq.
Administrative Judge E-mail: elw2@nrc.gov E-mail: Susan Uttal, Esq.
E-mail: susan.uttal@nrc.gov Administrative Judge Maxwell Smith, Esq.
E-mail: E-mail: Maxwell.smith@nrc.gov Lloyd Subin, Esq.
E-mail: lloyd.subin@nrc.gov Administrative Judge Brian Newell, Paralegal E-mail: E-mail: bpn1@nrc.gov
, Law Clerk E-mail: OGC Mail Center E-mail: OGCMailCenter@nrc.gov U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Office of the Secretary of the Commission Mail Stop: O-16C1 Mail Stop: O-16C1 Washington, DC 20555-0001 Washington, DC 20555-0001 OCAA Mail Center Hearing Docket E-mail: ocaamail@nrc.gov E-mail: hearingdocket@nrc.gov
2 Docket Nos. 50-275-LR and 50-323-LR NOTICE OF DISCLOSURE Winston & Strawn, LLP Harmon, Curran, Spielberg, and Eisenberg Counsel for PG&E Counsel for San Luis Obispo Mothers 101 California Street For Peace San Francisco, CA 94111-5802 1726 M Street, N.W., Suite 600 Washington, DC 20036 David A. Repka, Esq.
E-mail: drepka@winston.com Diane Curran, Esq.
Tyson Smith, Esq. dcurran@harmoncurran.com E-mail: trsmith@winston.com Carlos Sisco, Senior Paralegal E-mail: CSisco@winston.com San Luis Obispo Mothers for Peace 1123 Flora Road Arroyo Grande, CA 93420 Jill ZamEk, Esq.
jzk@charter.net
[Original signed by Nancy Greathead]
Office of the Secretary of the Commission Dated at Rockville, Maryland this 9th day of April 2010.