ML19220A359
| ML19220A359 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 09/06/1978 |
| From: | Hendrie J NRC COMMISSION (OCM) |
| To: | |
| References | |
| NUDOCS 7904170466 | |
| Download: ML19220A359 (1) | |
Text
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UNITED STATES OF.UIERICA NUCLEAR REGI.'LATCRY CC CIIS3ICN BEFORE THE CC:01ISSIO.N
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In the Matter of
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METROPOLITAN EDISON COMPANY, _e _t _a l.
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Docket No. 50-320
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(Three Mile Island Nuclear Station,
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Unit No. 2)
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MEMCRANDUM TO COU5SEL FOR THE PARTIES By the attached memorandum, dated today, I have advised my fellow Commissioners that I will not take part in Commission consideration of the pending petition seeking review of ALA3-436.
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NUCLEAR REGULATORY COMMISSION I$v. 1 W ASHINGTON, D. C. 20555 1
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Ccmmissioner Gilinsky
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s y i Commissioner Bradford Ccmissioner Ahearne
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FROM:
Joseph M. Hendrie, Chai m A[q
SUBJECT:
PARTICIPATION IN CCMMISSION CONSIDERATI0!l CF PETITION FOR REVIE'd 0F ALAB-486 (THREE MILE ISLAND, UN!T NO. 2)
In August, after a petition had been received seeking Commission review of ALAB-436 (In the Matter of Metrocalitan Edison, Three Mile Island Nuclear Statioii, Unit No. 27 tne Office of General Counsel at my request searched the files for any record of prior involvement on my part in matters involving this proceeding, during my tenure with the AEC Regulatory Staff or the Advisory Comittee en Reactor Safeguards. The three documents located, all of which involved AEC staff review of the Three Mile Island Unit 2 facility, indicated no substantial ir.volvement en my part, in the view of OGC. Hcwever, I directed CGC to renew its search, as I recalled participating in an ACRS site visit to Three Mile Island Unit I some years ago.
On August 28, CGC reported to me that the ACRS files included a minute of an October 1967 visit to the Three Mile Island site in which I apparently participated as a member of the ACRS, although I was not a
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member of the ACRS subccmmittees on either Unit 1 or Unit 2.
The minute indicates that I raised the subject of the consequences of an airplane impacting on the site, and discussed previcus studies of the effect of an airplane crash on the reactor containment. CGC advised me that although my involvement in the ACRS review of Three Mile Island Unit 1 took place more than a decade ago, was in a non-adversary capacity, and involved a different unit frem that now under review, my participation in the review of ALAB-486 could create the appea ance of prejudgment of the aircraft-related matters at issue in the proceeding. Accordingly, CGC recomended that I take no part in Ccmission consideration of the petitica now before it.
CGC further advised that if I were to participate in Cormission con-sideration of the petition, my decisicn to do so would almost certainly
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September 6,1973 be challenged in court; but that as a question of law, my participation probably could be defended successfully.
In my statement to the Congress prior to "1y confirmation, I recognized my responsibility to take part in contested adjudicatory matters unless there is a substantial basis for my disqualification, arising from personal and substantial prior involvement in a disputed issue. At the same time, I recognized that our adjudicatory proceedings must be fair in appearance as well as fact.
In the particular factual circumstances of this case, I agree with the advice of ccunsel that my carticioation in Ccmission action on the petition for review of ALAB-486 cculd create the appearance of prejudgment of an issue in dispute.
I accord-ingly recuse myself frcm Ccmmission action on this petitien.
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UNITED STATES CF A:" ERICA NUCLEAR.'ICUI.ATCRY CD:OIISS IC:'
In the Matter of
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METROPOLITA:I EDISON COMPA:TI,
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(Three Mile Island Unit No. 2)
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CERTIFICATE OF SER'!!CE 1 hereby certify that I have this day served the foregoing document (s) upon each perscn designated on the of ficial service list oc= piled by the Office of the Secretary of the Cc mission in this proceeding in accordance with the requirements of Section 2. 712 o f 10 CFR Pa rt 2-Rules of Practice, of the Nuclear Regulatory Cxcission's Rules and Regulations.
Cated at Washington, D.C.
this 7
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':UCLEAR ZEGULATURi CC'2'ISSIO:',
In the "atter of
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'2T2CPOLITA'i EDI50:1 CC"P.U Y,
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(Tnree ' tile Island, Unit 2)
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SE2VICE LIST Ediard Luton, Esq., Chairman Chauncey P.
- ep f ord Atenic Safety and Licensing Board 433 Orlando Avenue U.S. Tuclear Regulatory Cennission State Jollege, Pennsylvania 15201 L' ashing ton, D. C.
20555 Honorab le 'f arin ". Carter
!!r. Custave A. Linenberger A_s sis tant Attorney General Atenic Safety and Licensing 3 card Department of Encironnental Resources U.S. Nuclear Regulatory Cennission 709 Health and '.' elf are Euilding "ashington, D.C.
20525 Farrisburg, Pennsylvania 17120 Dr. Ernest O. Salo, Professor
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Southard Fisheries r esearch Institute, '/:I-10 Citi:: ens f or a Saf e Environment College of Fisheries P.O. Eox 405 University of Washington Harrisburg, Pennsylvania 1710?
Seattle, Washington 93195 Cou: sel for '2C Staff Cffice of the Executive Legal Director U.S. ::uclear Regulatory Con =ission "as hin gt en, D. C.
20555 George 7. Trowbridge, Esq.
Sha7, Pittnan, Potts & Trowbridge 1200 ":1" Street, N. '-7.
ashingten, D. C.
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