ML20053D296

Affidavit of Ws Jordan Listing Judge Ee Hill Actions Observed During Hearings.Certificate of Svc Encl

ML20053D296
Person / Time
Site:	South Texas
Issue date:	05/28/1982
From:	Jordan W CITIZENS FOR EQUITABLE UTILITIES, HARMON & WEISS
To:
Shared Package
ML20053D294	List: ML20053D293 ML20053D296
References
ISSUANCES-OL, NUDOCS 8206040275
Download: ML20053D296 (5)

Text

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UNITED STATES OF AMERICA BEFORE THE NUCLEAR REGULATORY COMMISSION

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In the Matter of )

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HOUSTON LIGHTING AND POWER ) Docket Nos. 50-498 OL COMPANY, et al. ) 50-499 OL

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(South Texas Project, Units )

1 and 2) )

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AFFIDAVIT OF WILLIAM S. JORDAN, III I, William S. Jordan, III, swear and depose as follows:

1. I am an attorney admitted to the District of Columbia Bar and to the bar of other courts and have represented Citizens for Equitable Utilities during hearings in the above-captioned matter.

2. At various times during the course of the hearings, I observed the following actions on the part of Judge Ernest Hill:

a. When the hearings were held at the South Texas College of Law in Houston, Texas, it was often apparent to those standing in the hallway between the Judges' chamber and the hearing room during recessos that Judge Hill was yclling at his fellow Board members in their chamber in an effort to convince them to restrict the cross examination by the intervenors.

I 8206040275 820528 PDR ADOCK 05000498 O PDR

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b. At various points during the hearings, Judge Hill reacted to intervenor cross examination with grimaces, gestures, and off-the-record outbursts of derogatory comments concerning the cross examination. I most clearly recall this occurring in San Antonio, where Judge Hill seemed to make a point of turning his back when intervenors began their cross examination of the Applicant's witnesses, and on several occasions he appeared to be reading extraneous material and even leafing through the telephone book during intervenor cross examination.

3. These actions occurred practically from the beginning of the hearing, and on several occasions they prompted Peggy Buchorn, the Executive Director of CEU, to complain that something should be done about them. I advised j

her at those times that while Judge Hill's actions were certainly inappropriate and demonstrated a gross lack of judicial demeanor and ignorance of the true role of a judge, they did not appear to rise to the level of l

requiring his recusal, l

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4. Based on my observations described above and on the course of the hearing in general when I have been present, I believe Mr. Sinkin fairly states the impression created by Judge IIill when he states in his affidavit that "Mr. Hill has repeatedly demonstrated an antagonistic and hostile attitude toward CCANP's participation in this proceeding."

C' N N > A n William K Jordan, III Subscribed and sworn to before me this FJ/u day of,May, 1982.

7 l5Y%% vE ydtary Public ,

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My Commission expires:

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UNITED STATES OF AMERICA DEFORE T!!E NUCLEAR REGULATORY COMMISSION

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In the Matter of )

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!!OUSTON LIGliTING AND POWER ) Docket Nos. 50-498 OL COMPANY, et al. ) 50-499 OL

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(South Texas Project, Units )

1 and 2) )

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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing CITIZENS FOR EQUITABLE UTILITIES REPLY BRIEF CONCERNING JUDGE HILL'S RECUSAL has been delivered this 28th day of May, 1982, by placing in U.S. Mail, postage paid, first class, to the following:

• Nunzio J. Palladino, Chairman At<mic Safety and Licensing Nuclear Regulatory Commission Board Washington, D.C. 20555 Nuclear Regulatory Commission Washington, D.C. 20535

• 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 Doard Washington, D.C. 20555 Nuclear Regulatory Commission Washington, D.C. 20555

• James Asselstine, Commissioner Nuclear Regulatory Commission Dr. John 11 Buck washington, D.C. 20555 Atomic Safety and Licensing Appeal Board Judge Christine N. Kchl Nuclear Regulatory Commission Atomie Safety and Licensing . Washington, D.C. 20555 Appeal Board Nuclear Regulatory Commission Washington, D.C. 20555

.* O 01arles Dcchaefer, Esq. , Chairnun MelMrt Schwartz, Jr. , Esq.

Atatic Safety and Licensing Daker and Dotts Daard Panel Oro Shell Plaza U.S. % clear Ibgulatory Oxmtissim  !!custon, Texas 77001 Washington, D.C. 20555 I Dr. James C. Iaib, III Edwin J. Pcis office of D.ccutim Imgal 313 Nculliamn Poad Giap21 11111, North Carolina 27514 Director U.S. Nucicar Pegulatorf Mr. Emest E.11111 Caminsion Inarencu Liwincre Inboratory Washington, D.C. 20555 Unimrsity of Califontia P.O. Dox 808, L-]23 Jack it. Newnnn, Esq.

Livarnure, Califontia 94550 la.. 'nstein, Nc.. man, Ibis, Aveirad & Toll Brian Octwick, Esq. 1025 Connecticut Avente, fl.W.

Assistant Isttomey General Washington, D. C. :'0036 Dwiren:: ental PIntceticn Div. Docketing and Servico Section P.O. Dox 12548, Capitol Statial Austin, 'Ibxas 78711 Office of t.he Secretary U.S. Nuclear Ibgulatorf Ir.ny Sinkin Ocrmtission 2207-D 1:uems Washington, D.C. 20555 Austin, 'Ibxas 78705 David L. Prestempn, Esquire Legal Counsel Atomic Safety & Licensing Board Panel Nuclear Regulatory

' Commission Washington, D.C. 20555 l'at G ily 5106 Cut.t 0:o

' on Antt in i o , 'h m in 78233 l

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l Mrs. Peggy, Bucklern Executim Director Citizens for relit.tble Utilities, Inc.

Ibute 1, Box 1634 Brazoria, Texas 77422

? #[G.4. >

Date: May 28, 1982 William Sfrdan, III

• Hand delivered by mossenger

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