ML19290E475

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Discusses Behavior of Judge Presiding Over 800213 Hearing in Harrisburg,Pa.Recommends That Judge Be Removed from Board Due to Prejudicial Treatment of Intervenors at Hearing & Depriving Citizens of Due Process
ML19290E475
Person / Time
Site: Three Mile Island Constellation icon.png
Issue date: 02/14/1980
From: Jun Lee
AFFILIATION NOT ASSIGNED
To: Bradford P
NRC COMMISSION (OCM)
References
NUDOCS 8003140098
Download: ML19290E475 (2)


Text

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R.D. 3, 183 Valley Ed. '

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Dear Mr. Bradford:

I' After attending three days of NRC Preheard ngs on TMI, Unit I in Nov. 79, for

the purpose of interveniry on th_e restart of Unit I, I developed a clear pic-ture in my mind of an act in futility. In observing yesterday's hearirgs on the same subject in Harr'.sburg, (Feb.13) my opinion- has not been altered.

To the contrary, it leaves grave doubts about the NRC's ability to conduct an unbiased hearire.

My status as an intervenor was rejected by the Board via the newspapers. I do not intend to belabor the tardiness of the NEC and licensee in their responses to my request to intervene at this point. However, I am writire to apprize you of some of the more bizarre actions occurrirs in the proceedirgs.

It is quite obvious to even the most neutral observer that the Chairman, Mr.

Smith, is practicing discrimination in his behavior, attitude and treatment of all parties involved in these proceedings.

Mr. Smith reveals a condescendira.and gracious response to the licensee (Trowbridge etc.) granting them every opportunity , with unlimited time to weigh their words carefully while presentire their arguments. 'Ibe sane treatment is rendered to the NRC Staff and is extended even further by explainire in detail to the NRC Staff precisely what the Boarti requires in the way of specifics - (see verbatim transcript on class 9 discussion).

In stark contrast, Intervenors are treated with total contempt by Mr. Smith who ask one Intervenor if he now feels like he has "been had" or when the Intervenor replied that he was confused, Mr. Smith replied "now we are in agreement" and laughter followed. Mr. Smith has cut off Intervenorgby pleadira "ue are pressed for tice". Intervenors are ridiculed and hu=iliated because they are not familiar with legal jargon and proceedings. IT. Snith's contemetuous behavior and attitude _

is not conducive to extirsuishinc the volatile, tsycholerical distress see-saw that now rementes throurhout the TMI area . While a presiding judge must wei 6h

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and lend balance in order to establish due process for all ptrticipantsj it is_ important that that judge have the capacity to comprehend all the ramifications of his acts and to lend as much patience, humility and compassion as is necessary to both sides of the y etion. Perhaps Mr. Smith's litigating mind deprives him of these virtues in ouch a complex, controversial and frustratirg Hearing.

Whatever the problem may be and whatever the shortcomings of the Intervenors in the realm of legalities, it is impcrtant that everyone obtain the . same freedom of. expression and opportunity to prove their case-no matter how lors -

- it takes. To do otherwise deprives citizens of due process and makes a mockery of the U.S. Cons {itution. -

If the, Mr. Smith, the Chairman,is unable to restrain' his biased attitude, then

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-I suggest that he resign or be removed from the Board on the ground of prejudicial

- treatment of the Intervenors and is further guilty of depriving citizens of due process.

It is my hope that the Commissioners will send an unbiased observer to the Hearin6s in order to establish a balanced hearing for all involved.

Sincerely, Special cc: President of the U.S. '

James Carter 3$e he cc Peter Bradford Victor Gilinsky Richard T. Kennedy John F. Ahearne Joseph L Hendrie Richard S. Salzman Dr. Linda W. Little Dr. Walter R , Jordan James R. Tourtellotte, Esq.

George F. Trowbridge, Esq.

Ivan W. Smith,Esq.