ML19338C200
| ML19338C200 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 01/30/1978 |
| From: | Hendrie J NRC COMMISSION (OCM) |
| To: | Deale V Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML19338C191 | List: |
| References | |
| ISSUANCES-SP, NUDOCS 8008050648 | |
| Download: ML19338C200 (2) | |
Text
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3 UNITED STATES d W
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WASHWGTON, D.C. 20555
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OFFICE oF THE Q h[
- I M N e4 CHM RMAN II4 Valentine B. Deale, Esq.
1001 Connecticut Avenue, NW.
Washington, DC 20036
Dear Mr. Deale:
The Commission is writing to you in your capacity as Chairman of the special board recently named to hear the charges of professional mis -
conduct that arose out of the remanded Midland licensing proceeding.
Since the Appeal Board panel disqualified itself from participation in that proceeding, the Commission has had under consideration the pro-cedures that should be followed in this unusual case.
In addition, Mr. Kelley, the Commission's Deputy General Counsel, informs us that you have discussed with him the possibility that the matter might be settled.
The Commission has reached two conclusions in this matter.
First, the possibility of a settlement, having been raised, shot:ld be seriously.
pursued at this time. by the Board'and the parties.
Second, if no settle-l ment can be reached within a reasonable period of time, this matter should be heard by a hearing board consisting of attorneys with no l
previous involvement with either the AEC or the NRC.
In seeking a settlement, the Commission in no way wishes to avoid the r
l resolution of serious charges pressed by an aggrieved party.
Hov;ever, l
the Commission recognizes that the proceeding presents many unusual circumstances, including the fact that this is the first case in which the entire appeal panel has recused itself.from considering an appeal.
Additionally, the case may involve numerous filings, exhaustive hearings and extended litigation.
A freely accepted settlement would allow these charges to be resolved,in a manner acceptable to all parties, without the necessity for them to expend the time and money which is inevitably l
involved in extensive litigation. Therefore, the Commission wishes to j
have the possibility of.-settlement explored to the fullest possible extent at this time.
'In concluding that we must name an outside Board if no settlement is reached, the Commission-intends no disparage 6ent of the qualifications-or the impartiality of the present Board members who are part-time members of the Licensing Board Panel. :Indeed, they were chosen because the Chairman of the Panel had special confidence in them for this pro-L
.ceeding However,.-this is a case;which may well involve judgments about employees of. the agency and also judgments about the credibility of both agency employees'and outside persons.
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, Valentine B. Deale, Esq.
2 It seems to the Commission that in this unique case, where it is impor-tant to avoid the possibility of bias and to assure fairness, panel members. should.be free from any institutional link with the flRC.
Con-sequently, the case'should be tried before t outside hearing board if the present Board's inquiry into the settlement possibility should prove
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fruitless.
.The Commission appreciates the present Board's eff6rts to this point and hopes that it will be able to bring about a settlement satisfactory to all parties. We request that you report to the Commission after the possibility of settlement has been explored. Whether or not a settle.-
ment is reached in this case, the Commission would appreciate having the Board's suggestions with regard to how the Commission's present.regula-tions for handling disciplinary matters might be iraproved.
, Sincerely, o
's bO NSq Joseph M. Hendrie
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Chairman
. All parties of record cc:
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