ML19326A933
| ML19326A933 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 02/03/1971 |
| From: | Skallerup W Atomic Safety and Licensing Board Panel |
| To: | US ATOMIC ENERGY COMMISSION (AEC) |
| References | |
| NUDOCS 8003050833 | |
| Download: ML19326A933 (2) | |
Text
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DCCKET fiUMBER g
00ctElEO M &.UIA, FAC. 50-%
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gg ATOMIC ENERGY COMMISSION A
6 ca In the Matter of
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THE TOLEDO EDISON COMPANY
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and
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THE CLEVEIAND ELECTRIC
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Docket No. 50-346 ILLUMINATING COMPANY
)
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(Davis-Besse Nuclear Power
)
Station)
)
ORDER During the hearing session of 25 January 1971, Inter-venor Living in a Finer Environment, Irwin I. Oster, and William E. Reany moved (Transcript 1026) for an order requiring Dr.
Walter Harrison Jordan and Dr. Charles Ernest Winters to dis-qualify themselves as members of the Atomic Safety and Licensing Board which had been designated to hear this matter pursuant to the Notice of Hearing issued by the Commission od 30 October 1970.
No affidavit accompanied the filing of the motion.
Inasmuch as 10 CFR 2.704(c) of the Commission's regulations concerning disqualification states in part, "The motion shall be supported by affidavits setting forth the alleged grounds for disqualification.
.", the Board gave the Intervenor the opportunity to provide an affidavit.
Subsequently on 27 January 8008050[33
e A
r f'
. 1971 the Intervenor proffered such an affidavit. (T. 1166.)
Comment regarding the motion was made in open hear-ing on 25 and 27 January 1971, by AEC Staff (T. 1029-1034, and 1169-1170), by the Applicant (T. 1169), and by Dr. Jordan and Dr. Winters (T. 1171).
The Board after having considered the motion, the memorandum accompanying the motion, the affidavit in support of the motion, and the arguments thereon, denied the Inter-venor's motion (T. 1171).
Accordingly, the motion is hereby being referred to the Commission for appropriate action in accordance with the provisions of 10 CFR 2.704(c) of Commission regulations.
Attached are copies of the Intervenor's motion, the memorandum accompanying the motion, and the affidavit sub-mitted in support of the motion.
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'l Walter T. Skallerup,jdr. jf Chairman Dated:
February 3, 1971
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