ML20080P945

Affidavit in Support of 831007 Motion for Recusal of Judge Hoyt

ML20080P945
Person / Time
Site:	Seabrook
Issue date:	10/07/1983
From:	Backus R BACKUS, MEYER & SOLOMON, SEACOAST ANTI-POLLUTION LEAGUE
To:
Shared Package
ML20080P929	List: ML20080P924 ML20080P937 ML20080P945 ML20080P960 ML20080P968 ML20080P986 ML20080Q002
References
ISSUANCES-OL, NUDOCS 8310120115
Download: ML20080P945 (2)

Text

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FILED: Oc OSbETE7, 1983 USHRC UNITED STATES OF AMERICA NUCLEAR REGULATORY GBD11SSION 83 00T 11 A10:22 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 0FFICE OF SECFtT P-00CKEimG & SEFVM -

In the matter of: BRANG ,

PUBLIC SERVICE CO\lPANY OF Docket Nos. 50-443 OL NEW HAMPSHIRE, et al 50-444 OL (Seabrook Station, Units 1 and 2)

AFFIDAVIT OF ROBERT A. BACKUS IN SUPPORT OF MOTION FOR RECUSAL

1. My name is Robert A. Backus. I am counsel of record for the intervenor, Seacoast Anti-Pollution League, in the above-captioned proceeding.

2. I have personal knowledge of the matters hereinafter set forth.

3. The excerpts from the record, upon which the Motion for Disqualification is based, are true copies of the record of the proceedings before the Atomic Safety & Licensing Board on the dates

. indicated.

4. With regard to the comment of Judge Hoyt, on pg. 1687 of the T ranscript that "The record will not reflect any statements by you", meaning your affiant, I can state the additional statement I wished to make on the record would have been to contest Judge Hoyt's assertion that I was making " accusations" and should take my complain t s "to the bar associat ions". (Transcr ip t , pg.168 6. ) There was not at that time, nor any subsequent t ime, of f ered an oppor tuni ty to correct the record to indicate that I was not making accusations, but merely requesting an opportunity to explore on the record the validity of accusations made by other partles to the P "ceedings.

5. At the time when I was attempting to make repievsntations on the record, as reflected at pgs. 1686-87 of the record, the atmosphere in the hearing room became so tense that two court bailif f s appeared in front of counsel table, within three feet of me, as I was attempting to make a statement on the record. The appearance of these. bailiffs, an event unprecedented in my prof essional career of fourteen years as a member of the New Ilampshire Bar, is depicted in the photograph included with one of the articles attached to this motion,- "Seabrook hearings close with drama", Foster's Daily Democrat, August 24, 1983. These bailiffs appeared across from me at counsel table, notwithstanding the fact that at no time did I raise my voice, or make any gesture which would in any way indicate any threat to the decorum of the hearing, or to any participant in the hearing.

8310120115 831007 PDR ADOCK 05000443 g PDR

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6. Pho tocopies of the newspaper s tor ies and editorial ref erred to in the Mo t ion for Disquali f ica t ion, and of f ered in suppcr t thereof, are true copies of the story and editorial as they appeared in the newspapers in question.

7. This Affidavit, and the accompanying Motion, are made in good faith, and not for the purpose of delay.

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Dated: October 7, 1983 itobe r t A. Backus STATE OF NEW llAMPSHIRE H I LLSBOROUGil , SS.

Then personally appeared the above-named Robert A. Backus and made oath that the above s tatements by him subscribed are t rue and correct '

to the best of his knowledge and belief. Before me.

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Justice of the Peace

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