ML19338C050
| ML19338C050 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 02/07/1977 |
| From: | Coufal F Atomic Safety and Licensing Board Panel |
| To: | |
| Shared Package | |
| ML19338C051 | List: |
| References | |
| NUDOCS 8007310637 | |
| Download: ML19338C050 (2) | |
Text
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/f NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of CONSUMERS POWER COMPANY Docket Nos. "0-329 5-(Midland Plant, Units 1 and 2)
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LICENSING LOARD RESPONSE TO APPEAL BOARD ORDER OF JANUARY 18, 1977 L4-77 The Licensing Board has in the past excluded from the hearing room potential witnesses during the testimony of others when a request for exclusion has been made by a party and when good cause~for such exclusion appears.
We will continue to order such exclusion when it is. requested and good cause appears on a witness by witness basis, unless we are ordered to do otherwise.
The rationale for the exclusion is that the spontaneity of'the person testifying is encouraged by the absence of those who_may be known by the witness to. agree or disagree with his position.
The rationale has particular applica-tion to this case 6ecause there is a vigorous controversy among the parties as to the Dow-Consumers relationship and as to what may be anticipated if_that relationship ~akes various turns.
A more revealing account of this complex
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subject'may be enhanced-by applying the exclusion rule.
'We see no distinction between the presence of-Staff wit-nesses or those of other' parties.
We had not thought an exclusion order so unique.
It is' commonplace in other forums.
Rule 615, Fed. Rules Evid. makes exclusion a matter of right.
The Staff's distinction between opinion and fact testimony is not, in.our view, important.
In the first place, perceived encouragement or intimidation may bear-more heavily on expressions of opinion than on recitations of-fact;. secondly, most of the time the witness orally testifies.:is during cross-examination and many facts are elicited at that-time.
We wish to add that'when the witnesses closest to the i
Dow-Consumers relationship have testified we have imposed a more stringent rule; we have barred discussions among themselves and. reading of the transcript.
-THE ATOMIC SAFETY AND LICENSING BOARD
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Frederic J. Coufalf Chairman Dated at Bethesda, Maryland,
' thi's 7th daycof February,.1977.
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