ML20054C647

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Order Canceling 820420-23 Evidentiary Hearings.Aslab 820415 Order Dismissing Judge Hill Subj to Review by Commission
ML20054C647
Person / Time
Site: South Texas  STP Nuclear Operating Company icon.png
Issue date: 04/19/1982
From: Bechhoefer C, Bechhoffer C
Atomic Safety and Licensing Board Panel
To:
References
NUDOCS 8204210462
Download: ML20054C647 (2)


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'82 APP 20 An :40 UNITED STATES OF AMERICA NUCLEAR REGULATORY. COMMISSION ATOMIC SAFETY AND LICENSING BOARD

,Before Administrative Judges:

Charles Bechhoefer, Chairman Dr. James C. Lamb SERVED APR201982

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In the Matter of

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gm HOUSTON LIGHTING AND

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Docket Nos. STN 50-498 0['p

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STN 50-499

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(South Texas Project

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Units 1 and 2)

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April 19, 1982

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(Cancelling Hearing)

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On April 13, 1982, this Board issued a Memorandum and Order which denied CCANP's motion for Judge Ernest E. Hill to recuse himself. On April 15, 1982, the Atomic Safety and Licensing Appeal Board issued an Order which i

overturned our earlier ruling and determined that another judge should be designated to replace Judge Hill.

The Appeal Board indicated that it would issue a full opinion explaining its April 15 Order at a later date.

The Appeal Board Order,- and its later opinion, will be subject to review by the Commission, either on its own motion or at the behest of a party.

10 C.F.R. 2.786. Given the outstanding questions surrounding Judge Hill's further participation, the Board on April 16, 1982 decided to cancel the hearings scheduled for April 20-23, 1982 and to defer to a later date the determination as to whether to hold hearings on other dates already g303 scheduled.

5 8204210462 820419 PDR ADOCK 05000498 Ig G

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g. After the Board announced this ruling to all the parties in a conference call on April 16, the Applicants asked for reconsideration. The NRC Staff supported the Applicants' motion and CEV had no objection.

CCANP.

favored the Board's ea' lier ruling.

The Board considered all the points r

raised by the parties and determined to adhere to its earlier ruling. Cf.

Commonwealth Edison Co. (Zion Station, Units 1 and 2), CLI-74-35, 8 AEC 374, 376-77(1974).

All parties were advised of this ruling.

Accordingly, it is, this 19th day of April, 1982 ORDERED That the evidentiary hearings scheduled for April 20-23, 1982 are hereby cancelled. As discussed in the conference call, other hearing dates will be scheduled as soon as the uncertainties concerning the disqualification Order are resolved.

FOR THE ATOMIC SAFETY AND LICENSING BOARD rn,b.u becYhe$ /

2 harlesBechhoefer,Chai;6an ADMINISTRATIVE JUDGE

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