ML20053B824
| ML20053B824 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 05/26/1982 |
| From: | Jordan W CITIZENS FOR EQUITABLE UTILITIES, HARMON & WEISS |
| To: | NRC COMMISSION (OCM) |
| References | |
| ISSUANCES-OL, NUDOCS 8206010262 | |
| Download: ML20053B824 (5) | |
Text
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UNITED STATES OF AMERICA
'82 "
27 A0 :57 BEFORE TIIE NUCLEAR REGULATORY COMMISSION
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In the Matter of
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IlOUSTON LIGIITING AND POWER
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Docket Nos. 50-498 OL COMPANY, et al.
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50-499 OL
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(South Texas Project, Units
)
1 and 2)
)
)
CITIZENS FOR EQUITABLE UTILITIES OBJECTION TO FILING OF AMICUS CURIAE BRIEF BY TIIE ATOMIC SAFETY AND LICENSING BOARD PANEL To our astonishment we received on May 21, 1982, a request"Ehat the Atomic Safety and Licensing Board Panel
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be permitted to file an amicus curiae brief concerning the Appeal Board's disqualification of Judge 11i11 in ALAB-672.
We object strenuously to the receipt and consideration of this brief as filed.
It creates the clear impression that it is impossible for an intervenor to have a fair hearing j
before the Nuclear Regulatory Commission.
The disqualification dispute began with the filing of a recusal motion by intervenor Citizens Concerned About Nuclear Power (CCANP).
The Licensing Board denied the motion in a ruling in.which the Board as a whole held that CCANP's assertions did not require recusal, and in which Judge l
IIill, whose recusal was requested, made a separate statement responding to the assertions.
Neither of the other two members of the Licensing Board chose to make any comment snoso1e n t 35o3 s
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on Judge Hill's statement or to agree with any of his assertions.
Immediately thereafter, the Appeal Board disqualified Judge Hill on the basis of the obv.ious bias demonstrated by his statement.
Now, the entire panel of Licensing Board judges, including the two remaining members of the South Texas Board, has weighed in against a single intervenor, choosing even to attempt to argue the accuracy of Judge Hill's charges against CCANP.
The appearance that this creates is of a special interest group, which includes Judge Hill, closing ranks to protect one of its own even when thaj individual has been found by an independent tribunal to be so biased that he should,be disqualified from further participation in a hearing.
Any intervenor or member of the public cannot hope to receive a fair and impartial hearing when he sees this occur.
The clear appearance is that the Panel will protect its own interests and is not attempting to protect the integrity of the process for which it is responsible.
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This need not have been the case.
The Panel could have provided its counsel to represent Judge Hill personally, which is the normal state of affairs.
Certainly Judge i
Hill should be represented so that his interest in personal vindication can be protected.
That would not raise any a
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questions about the impartiality of the remainder of the panel.
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We urge the Commission to reject the brief filed on behalf of the Licensing Board Panel and to invite a brief on behalf of Judge Hill in its stead.
Respectfully submitted,
. C y-J f f d L L, (-
j William S. Jordan, III Date:
May 26, 1982 counsel for citizens for Equitable Utilities HARMON & WEISS 1725 I Street, U.N.
Suite 506 Washington, D.C.
20006
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(202) 833-9 70
UNITED STATES OF AMERICA BEFORE THE NUCLEAR REGULATOltY COMMISSION
)
In the Matter of
)
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HOUSTON LIGHTING AND POWER
)
Docket Nos. 50-498 OL COMPANY, et al.
)
50-499 OL
)
(South Texas Project, Units
)
1 and 2)
)
)
CERTIFICATE OF SERVICE I hereby certify that the foregoing CITIZENS FOR EQUITABLE UTILITIES OBJECTION TO FILING OF AMICUS CURIAE BRIEF BI'THE ATOMIC SAFETY AND LICENSING BOARD PANEL has been delivered this 26th day of May, 1982, by placing in U.S.
Mail, postage paid, first class, to the following:
Nunzio J.
Palladino, Chairman Atomic Safety and Licensing Nuclear Regulatory Commission Board Washington, D.C.
20555 Nuclear Regulatory Commission Washington, D.C.
20555 Victor Gilinsky, Commissioner Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D.C.
20555 Appeal Board Nuclear Regulatory Commission John F.
Ahearne, Commissioner Washington, D.C.
Nuclear Regulatory Commission Washington, D.C.
20555 Judge Alan S.
Rosenthal, Chairman Thomas M.
Roberts, Commissioner Atomic Safety and Licensing Nuclear Regulatory Commission Appeal Board Washington, D.C.
20555 Nuclear Regulatory Commission Washington, D.C.
20555 James Asselstine, Commissioner Nuclear Regulatory Commission Dr. John H Buch Washington, D.C.
20555 Atomic Safety and Licensing Appeal Board Judge Christine N.
Kohl Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D.C.
20555 Appeal Board Nuclear Regulatory Commission Washington, D.C.
20555
Garles Pechoefer, Esq., Gairman t'c]twrt Schwartz, Jr., Esq.
Atatic Safety and Limnsing Baker and Ibtts Board Panel One Shell P]aza U.S. tiuclear Ibgulatory Omniunim IInuston, Texas 77002 Wadiington, D.C. 20555 Dr. Janas C. laib, III D] win.I.
Ibis 313 Woodhawn Poad Offim of Emcutive Ingal Gapel !!ill, IJorth Carolina 27514 Director U.S. Iluclear PeguIatory fir. Etnest E.11i11 (hmiinnion Inarunce. Liventore laLoratory Washington, D.C. 20555 Uniwrsity of California P.O. Dox 808, Ie]23 Jack it. rJr3.mm, Esq.
Livctrore, California 94550 Io..nnstein, tic.. man, Ibis, Arc 1 rad & 'Ibl1 Brian Ib1 wick, Esq.
1025 Connecticut Avente, !!.W.
Assistant isttorney General Washington, D. C. 20036 Dwi,rennental Protecticn Div.
P.G. Dox 12548, Capitol Staticn Docketing and Servia2 Section Austin, 'Ibxas 78711 Office of the Secretary U.S.11uclear Ibgulatory Iantly Sinkin Cm mission 2207-D Nucces Washington, D.C. 20555 Austin, 'Ibxas 78705 David L.
Prestemon, Esquire Atatic Safety and Legal Counsel Licensing Doani Atomic Safety & Licensing U.S. Nuclear Ibgulatory Connu.snton Board Panel Washingtm, D.C. 20555 Nuclear Regulatory Commission Washington, D.C.
20555 Pat Cody 5106 Cana Oro San Antonio, 'Ibxas 78233 Mrs. Ibggy Bucklern Executim Director Citizens for Equitable Utilitics, Inc.
Ibute 1, Dox 1684 l
Brazoria, Texas 77422
-=s./ 3/,
Date:
May 26, 1982 William Morcian, III l
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