ML19309E287
| ML19309E287 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 04/09/1980 |
| From: | Hendrie J NRC COMMISSION (OCM) |
| To: | |
| References | |
| NUDOCS 8004210100 | |
| Download: ML19309E287 (2) | |
Text
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 52 q
COMMISSIONER:
- D USNRC Joseph M. Hendrie j
APR g 1980 > d Cilice Cthe 00ChelM&
2 Bdnc In the Matter of 4
\\
3 PACIFIC GAS & ELECTRIC COMPANY Docket Nos 50-275 OL 50-323 OL (Diablo Canyon Nuclear Power Plant,
)
Units 1 and 2)
MEMORANDUM TO COUNSEL FOR THE PARTIES On October 24, 1979, Joint Intervenors filed a motion with the Commission requesting that I be disqualified from the Diablo Canyon operating license proceeding.
Joint Intervenors, citing an off-the-record meeting I held with the Chairman of the Board, the President, and an employee of the Pacific Gas and Electric Company (PG&E) on October 19,1979, ar5ued that the meeting is evidence of a possible bias in favor of PG&E.
On March 13, 1980, I issued a Memorandum to Counsel for the Parties setting forth the essential information regarding the'0ctober 19 neeting and stating that it was my tentative inten-I tion to remain in the proceeding.
I invited any party to this proceeding or NRC official who had additional relevant information which I should consider before making a final decision on whether the events of October 19 require my disqualification to provide me with such information by March 31, 1980.
The only party who submitted comments was the Joint Intervenors.
Joint Intervenors did not provide me with any new information that would cause me to change my tentative conclusions.
Instead, they reiterated arguments which 80042} f
2 I had previously rejected in my March 13, 1980 Memorandum to Counsel.
I con-tinue to believe that for the reasons set forth in that Memorandum I am not biased for or against any party to this proceeding, and my participation does not create an appearance of bias.
Accordingly, the events of October 19 do not require my disqualification and I am not disqualifying myself on this basis.
1 b
M J0SEPH M. HENDRIE Commissioner i
Dated at Washington, D.C.
this 9th day of April, 1980.
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