ML19345D497
| ML19345D497 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 12/10/1980 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Weinhold E AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML19345D498 | List: |
| References | |
| NUDOCS 8012150241 | |
| Download: ML19345D497 (1) | |
Text
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December 10, 1980
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Ms. Elizabeth H. Weinhold 3 Godfrey Avenue Hampton, New Hampshire 03842
Dear Ms. Weinhold:
This is in response to your letter of October 15, 1980 requesting the Commission to either request Mr. Farrar to participate as a member of the Appeal Board for the Seabrook seismic proceeding or in the alternative, to completely reconstitute the Appeal Board with experts in the fields of geology, seismology, and earthquake engineering.
As you know, Mr. Farrar has resigned from the NRC. Chairman Rosen' thal has discussed with Mr. Farrar the possibility of his participation in this proceeding, and has detemined that Mr. Farrar's schedule will not pemit his participation.
The Corraission has denied your request that the Board be reconstituted.
In order to avoid disruption of the adjudicatory process, the Commission is disinclined to change the composition of Boards unless a change is required to preserve the fairness of a proceeding.
Consequently, the Cornission has set a high threshold on disqualification which requires a party seeking to disqualify a Board member to show that the Board member has:
(1) a direct, personal, substantial interest in the result; (2) a personal bias against a party or witness; (3) served in a prosecutive or investigative ri.e with regard to the facts in issue; (4) prejudged factual issue..; or (5) engaged in conduct which gives the appearance of personal b"as or prejudgment of factual issues.
See, Consumers Power Co., (Midlanc Plant, Units 1 and 2), ALAB-101, 6 AEC 60, 65 (1973).
Your request did not establish that any tf these conditions exist in this case.
Sincerely, C.-
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