ML19344A226
| ML19344A226 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 12/15/1977 |
| From: | Duflo M NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | |
| References | |
| ALAB-450, NUDOCS 8008060587 | |
| Download: ML19344A226 (6) | |
Text
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9.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION D ED
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.. i ATCMIC SAFETY AND LICENSING APPEAL PANEL 81 I s.9
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Alan S. Rosenthal, Chairman Dr. John H. Buck, Vice Chairman hgo)3 ykl Michael C. Farrar
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Richard S. Salzman
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Dr. W. Reed Johnson
$Q A
J Jerome E. Sharfman i
W
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In the Matter of
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l CONSUMERS POWER COMPANY
) Docket Nos. 50-329
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50-330 (Midland Plant, Units 1 and 2)
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MEMORANDUM 1,
December 14, 1977 (ALAB-450)
Now pending before a specially constituted Licensing Board (special board); are charges of professional misconduct 1cveled against three lawyers who have appeared for certain i
of the parties in the remanded construction permit proceeding l
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involving the Midland facility.
Those charges were referred tc the special board for adjudication by a November 4, 1977 order of the Licensing Board presiding over the remanded proceeding (hearing board).
The referral was grounded upon J/
See Aeschliman v. NRC, 547 F.
2d 622 (D.C. Cir. 1976),
certiorari granted sub nom. Consumers Power Co. v.
Aeschliman, 429 U.S. 1090 (1977).
ff 8008060 f 77 h
s
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'the provisions of 10 CFR 2.713(c) relating to suspension
'Of or..debarmentifrom. participation as an attorney in a pro-c ceeding.-2/.
Norm 411y,.by reason of a delegation of authority from
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the Commission,- appellate review of the special board's determinations-would be undertaken by an appeal board drawn from the membership of the Appeal Panel.
Unusual circumstances present here, however, prompt all members of the Appeal
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Panel'to recuse themselves.
i More specifically, it appears from the hearing board's November 4 orderfthat debarment of one of the lawyers is j
being sought on the basis of his written representations to the hearing board regarding an incident in the Emergency Core Cooling System rulemakin'g proceeding (Docket No. RM 50-1) several years ago.
These representations have been formally 1
characterized as wholly false by the members of the ECCS f
4 4/
-l hearing board.
Two of those members (Drs. John H. Buck and Lawrence R. Quarles) also serve on the Appeal Panel.--5/
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- Thus, any Appeal Panel member reviewing the special board's determinations'might well find himself in the intolerable 1
position of'having to pass judgment on the merits of a contro-versy in which the credibility of his colleagues was placed
_2,/ -See. Toledo Edison Co.-(Davis-Besse Nuclear Power.
_3/ lSee 10 CFR 2.785(a).
4/
See ALAB-395,-.5 NRC'772, 787-88'(1977).
5/- Although Dr. QuarlesLretired from general' service on
' the Appeal Panel.last June, he continues as a member of'the appeal. board for one proceeding to which he
~had'been-previously. assigned.
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5 in-issue.--
We announce our recusal at this juncture so that the Commission may, if it deems it advisable to do so, either
-(l) authorize the submission directly to it of any papers which would otherwise be filed'with an appeal board; (2) delegate its review authority in this matter to a specially constituted appeal board (not drawn from the members of the Appeal Panel); or (3) take some other action considered 7/
to be appropriate in the circumstances.
FOR THE ATOMIC SAFETY AND LICENSING APPEAL PANEL
/eofti l k lb,m S Marg'aret E. Du Tlo -
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Secretary to the Appeal Panel
--6/
Insofar as Dr. Buck is concerned, there is an even more obvious reason why it would be inappropriate-for him to participate in such review.
Additionally, 9
there may be other considerations (unrelated to those discussed in the. text) which might have induced some of the' members of the Appeal Panel to recuse themselves.
No present necessity exists to. elaborate upon them.
--7/
The recusal of the entire Appeal Panel extends, of course, only-to the disciplinary matter before the special' board.
The members of the Panel assigned to the Appeal Board for the remanded construction permit proceeding will continue to serve on that Board.
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i UNITED STATES OF~ A> ERICA NUCLEAR. REGU'.ATORY CO:DlISS ION l
In the Matter of
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CONSDERS POb'IR COMPANY
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Docket No.(s) 50-329
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50-330 3
(Midland Plant, Unit Nos. 1 and 2)~
F
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p
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i CERTIFICATE OF-SERVTCF j
- I hereby certify that I have this day served the foregoing docu=ent(s) l upon each person designated on the official servico' list co= piled by the Of fice of the Secretary of the Coc=ission in this proceeding in-l accordance with che requirements of Sectica 2.71~ of 10 CFR Part.2 -
l Rules of Practico, of. the Nuclear Regulatory Coc=ission's Rules and Reguistions.
Dated at Washington,
.C. chis day of PP, 197 4
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.. -,+s p Of fice of the Secretary of th4t Co==ission l
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rm a
b-e 7 pt e
A r=-e up ga-g y
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upy-
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION.
~
)
In the Matter of
)
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x CONSUPERS POWER CONTANY
)
Docket No.(s) 50-329 50-330
)
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-(Midland Plant, Units 1 and 2)
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i
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SERVICE LIST f
Frederic J. Coufel, Esq., Chairman Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 James A. Kendall, Esq.
Dr. Emmeth A. Luebke Currie and Kendall Atomic Safety and Licensing Board 135 North Saginaw Road U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Midland, Michigan 48640 Judd L. Bacon, Esq.
Dr. J. Venn Leeds, Jr.
Consumers Power Company 10807-Atwell Houston, Texas 77096 212 West Michigan Avenue Jackson, Michigan 49201-Office of the Executive Legal Director William J. Ginster, Esq.
Counsel for NRC Staff Merrill Building, Suite 4 i
U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Saginaw, Michigan 48602 Myron M. Cherry, Esq.
j.,_,,, l One. IBM Plaza I
~ l Chicago, Illinois 60611 Harold F. Reis, Esq.
Honorable Curtis G.-Beck Lowenstein, Newman, Reis & Axelrad.
Assistant ~ Attorney General 1025 Connecticut Avenue, N.W.
Washington, D.C.
20036 State of Michigan Seven Story Office Building 525 West Ottawa Honorable Charles A. Briscoe Lansing, Michigan 48913 Assistant Attorney General State of Kansas Lee Nute, Esq.
Topeka,lKansass 66612 Michigan Division The Dow Chemical Company Irving Like, Esq.
47 Building Reilly, Like and Schneider-
. Midland, Michigan 48640 200 Weat Main Street Babylon,'New York 11702
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. a.
50-329,-330(
Page 2 i
Anthony.Z. Roisman, Esc.
1 Natural.Resou'r:es Defense Council 917 - 15th Street,..W.
N Washington,-D.C.
20005 d
Joseph Gallo, Esq.
Isham, Lincoln & Beale 11050 - 17th Street, N.W.
Washington, D.C.
20036 Michael I. Miller, Esq.
Caryl A. Bartelman, Esq.
Isham,' Lincoln'& Beale1 One First National Bank Plaza Chicago,. Illinois 60603
'I Ms. Mary Sinclair 5711 Summerset Street
~ Midland, Michigan 48640 Mr. Steve Gadler, P.E.
2120 Carter Avenue St. Paul,' Minnesota 55108 f
Grace Dow Memorial Librery l
1710 West St. Andrew Road j
Midland, Michigan 48640 L
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