ML19263F372
| ML19263F372 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 01/21/1980 |
| From: | Bradford P NRC COMMISSION (OCM) |
| To: | |
| References | |
| NUDOCS 8001280041 | |
| Download: ML19263F372 (3) | |
Text
)
9 MN 2 219S0 > U h 0?ceof thew hl UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Wings g f-x bs k
9D ['
)
In the Matter of
)
)
PUBLIC SERVICE C0!'PA'lY OF !!EP
)
"ocket Nos. 50-443 HAMPSHIRE, et al.
)
50-444
)
(Seabrook Station, Units 1 and 2
)
)
MEMORANDUM TO COUNSEL FOR THE PARTIES The purpose of this memorandum is to disclose to the parties to this proceeding the previous involvement of my Special Assistant, William L. Clements, with the Seabrook facility while he was a staff attorney with the Massachusetts Department of Public Utilities.
Mr. Clements was employed as a staff attorney to the Massachusetts Department of Public Utilities from January 1977 through June 1979.
While he was so employed, he was assigned by the Massachusetts Commission to preside as hearing officer in proceedings involving the transfer of Seabrook shares from Connecticut Light and Power Company to three Massachusetts utilities: Montaup Electric Company,: New Bedford Gas and Edison Light Company and Fitchburg Gas and Electric Light Company (D.P.U.
19738 and D.P.U.19743).
Pursuant to Massachusetts law, all transfers of util3. property above a specified amount must be approved by the Department of Public Utilities as being consistent with the public interest.
The issues before the Massachusetts Department in those
~ ~ ~
proceedings were the need for power, the existence of more economic alternatives and the ability of the purchasing companies to finance the 1817 047
~
. proposed acquisitions without jeopardizing their ability to continue to provide electric service.
At the time of the Massachusetts hearings, the Nuclear Regulatory Commission (Office of Nuclear Reactor Reculation) had already approved the proposed transfers, implicitly finding that the Massachusetts utilities (and a number of other utilities) possessed the financial qualifications necessary to finance these additional shares (the construction pennit amendment was issued on December 27,1978).
As hearing officer, Mr. Clements was responsible for the development of the record upon which the Commission would render its decision.
Accordingly, he presided over the course of the hearing rendering such evidentiary and procedural rulings as necessary, subject to direct appeal to the Commission.
At the conclusion of tnese hearings, Mr.
Clements conferred with the members of the Massachusetts Commission who concluded that the record was incomplete on the issues of load forecasting, generating alternatives and financial qualifications.
At the direction of the Massachusetts Commission, Mr. Clements then prepared an order requiring the petitioners to file certain additional information and consolidating those proceedings with the then-pending proceeding involving a similar transfer of Seabrook shares from Public Service Company of New Hampshirc to Montaup and New Bedford (D.P.U. 20055).
This order was issued by the Massachusetts Department of Public Utilities on June 28, 1979.
Mr. Clements' last day at the DPU was June 22, 1979.
At the time he left State service, the Massachusetts Commission had rendered no decision on the financial qualifications of these companies.
Furthermore, Mr. Clements has informed me that at the end of the Massachusetts proceedingsy be had' fofTned no conclusions on these issues which would prejudice his ability to advise me impartially.
g
... Af ter consideration of this information, I have tentatively deter-mined that Mr. Clements is able to advise me without prejudice on all issues raised in this proceeding.
However, I will consider any objections to Mr. Clements' participation received before January 30, 1980.
/'
2I
'/
//
J, (Date)
Peter A. Bradford Commissioner 4
p 1817 049