ML19326A965

Motion for Disqualification of ASLB Members

ML19326A965
Person / Time
Site:	Davis Besse
Issue date:	01/26/1971
From:	Bleicher B COBURN, SMITH, ROHRBACHER & GIBSON, LIVING IN A FINER ENVIRONMENT
To:	US ATOMIC ENERGY COMMISSION (AEC)
References
NUDOCS 8003050870
Download: ML19326A965 (4)

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e UNITED STATEP CF AM.RICA ATCMIC ENERGY COMMISSION In the Matter of .

TIL. ?CLEDO EDISON CO!7ANY Docket No. 50-346 e.su 'f. c. CLEVEL.d.'D ELEC".CC '

ILt.L.3 NATIf.G COhNY .SRICN 7G DL%UALIFICATICN I

OF .%2L ?EMSEk3 (Davic-Beste Nuclear Power Shtion) I 3  !

Living In a Finer Environment, Irwin I. Oster, and William E. 1 i

Reany hereby move for an order requiring Dr. Walter Harrison Jordan and Dr. Charles Ernest Wintors to discpalify themselves as members of the Atomic Safety and Licenaing Ibard' desionated to hear this matter for i

the reason that they may be biased in the oonsideration of the applioation for construction permit on acoount of their occupational affiliations and for other reasons more fully described in the memorandum accompanying this motion, i t

i I eoairio. x. meicher i { Attorney for Favants

j C0fDURN, SMITH, RCHRBACb1R & GIBSDN 7th Floor Toledo Trust aa11 ding i .i Toledo, Ohio 43604 Telephone

243-5252 MDORANDUM This motion to disqualify two of the = embers of the Atomic Cafety and Licencing Ibard designated to hear the application for con-struction permit of the Davis-Besse Nuclear Pcuer Station is baswd on the fact that the occupational affiliations of tho two r.w.U:ers in question ratko it irpossible for the public and this intervonor to be casured of their impartiality. For these reasons we have coveo to disqualify 80ososo / M 6

thene two members of the Board and to have them replaced by other technically qualificci persons whose associations will not render thesi subject to bias in their consideration of the construction permit.

We are not stating here that Dr. Walter Harrison Jorden and Dr. Charles Ernest Winters are in fact prejudiced or that they have alroady comonstrated ruas in these proceedinas, merely th'at their employment renders them subject to such bias and therefore disqual- I ifies them. As the attached copy (Exhibit A) of biographical material I i

in Amerioen ;1on of Science, The Physical and Biological Sciences, lith edition,1967, R.R. apwker Cospany, New York and London, indicates, both of these board membors are ecployed by organizations with a direct pecuniary interest in the outcome of proceedings such as the instant case. Dr. Jordan is associated with the Oak Ridge National Laboratories which, it is our understanding, are operated by Union Carbide Cornoration under contract with the United States Atomic Energy Copenission. Dr.

'tinters is employed by the Union Carbide Corporation whose Nuclear Divison has the responsibility for operation of govern.nnti owned nuclent facilities at Oak Ridge, Tennessee and Paducah, rentucky under contract with the United States Atomic Eneroy Conuission. (According to paces 9 and 27, Union Carbide Corporation Annual Report,1969.) Union Carbide Corporation is also encaged in research not only on the poecetime applications of nuclear energy, but also specifically applying nuclear technology to electric power generation. It is thin intervenor's understanding tn' at Union Carbice Corporation at Cak Dic;ge 1:ational 1Aboratories procC3 des ent.chd aranlua .a their c%Gous diffusion plant for use in cercaercial nuclear ;:.cwer Ant:, '.'r e re fore, thin cenoastrates the vested financial intercst in ec.c .wrcia'4 nucleer po<cr plants of both the groups with whien Dr., r n '

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e are asecciated. The proliferation of nuclear reactors therefore in a matter of substantial financial concern to the employers of both board members. In addition, their relationship to the Atomic Energy Commission cannot be discounted in evaluating the chance that they will be biased in favor of the Atomic Energy Commission's Rec;ulatory Staff's position.

In addition to the occupational associations which at the very least tend to give the appearanca cf lack of' partiality (and such an appearance is itself improper in a public hearing of this type),

e Dr. Jordan has also demonstrated unequivocal personal commitment to the building and operating of nuclear power plants in a recently published article entitled " Nuclear Energy - Benefits vs. Risks", Physics Today,

p. 32, Fay 1970. This article, based on work sponsored by the Atomic Energy Commission under contract with the Union Carbide Corporation, c1carly statos his opinion that despite the hazarda involved, nuclear power plants should be built. In other words, Dr. Jordan has already indicated his bias in favor of granting a constniction permit. Under such circumstances, this intervenor cannot receive an unprejudiced hearing of its arguments in opposition to the granting of the permit.

For the foregoing reasons, this intervenor contends that the above mentioned board members should dioqualify themselves and be replaced with other technically qualiflod persons whose associations td 11 not cause bias or lead to the possibility of bias in their i .

I concideration of this permit application.

Featrice K. Sleicner l

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PROD. & UTIL. FAC D-34$

i AMERICAN MEN OF SCIENCE. THE PHYSICAL AN3 S10LOGiCAt. SCII::CES Eleventh edition, R.R. Bowker Compary, New York & Lcnici..

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JORDAN. DR. W(ALTER)H(ARRISON), b. $itchall, Mont, Ice. 22, CE;m. 34 co l . PHYSICS. A.B. Ohlahoma , 30, M.54, 31; Ph.D. (phys icd , C:. : ! f. I ns t.

Toch, 34. Asst. physics, Calif. Inda. Tech, 31-34; a scc. pesi, Svat.h Dakota, 34-41; res. assoc, Mass ins t. Toch, 41-46; phys;cis., OAK RIDGE NAT. LAB. 46-59, ASST. DIR, 59 -

Fol . Phys. Soc; fc! . i'uciece Soc.

Nuclear instrumentation and er.crgy. Address: Oak Ridge National Lab, P.O. Box X, Oak Ridge, Tenn. 37831. '

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l WINTERS. DR. C(HARLES) E(RNEST), b. racc,.t na, Ju y 13, 16; m. 41;

c. 4. CHEMICAL ENGINEERING. 5.S. Ka ls . S ta te Co ! , 17 ; S .it , Mas s .

Inst. Tech, 39, Sc.D.(chem. engQ, 42 Chem. cr.gr, M : :r.c.crodt Chem.

Works, Mo, 40-43; prin. engr,'Manhat ;an Dist, U.S. Atomic Enagy Comcaissica, I 43-47; sect chief tech. div, .0ak Ri fge Nat. Lab, Carbide & Carbon Chem.

Co, 47-43, dept. Head, eng. res. & davelop, tech. div, 49-51, dir, exp. c.ag.

div, 51-53, asst. res. dir, 53-55, aist. lab. dir, Unicn Cart:de Nuclear Co.

55-61; ras, dir. PARMA RES. LA3. UN!CN CARDIDE CORP, '.;-66, MGR.

FUEL CELL DEPT. ELECTRONICS DIV, 66-l Mem atomic safety & licensing bd, U.S. Atomic Energy Cmn. Chem. Scc; fel . Nuclear ;cc; inst.

Chem. Eng. Electrochemical and nucicar engineering. Acdrucs: Union Carbide 44101.

Corp, Parma Technical .centerJ P.O. Box 6116, Cleveland, Ohio

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