ML20093F775
| ML20093F775 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 07/17/1984 |
| From: | Reynolds J CENTER FOR LAW IN THE PUBLIC INTEREST, JOINT INTERVENORS - DIABLO CANYON |
| To: | |
| Shared Package | |
| ML20093F758 | List: |
| References | |
| ALAB-775, OL, NUDOCS 8407230125 | |
| Download: ML20093F775 (1) | |
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e that a conclusory assertion that the reopening standards had not been met.
Its failure to apply the relevant standards to.the specific evidence submitted in support of the motions renders its action arbitrary and capricious and without substantial basis;EI accordingly, ALAB-775 must be reversed.
III. CONCLUSION I
For the reasons stated herein, the Joint Intervenors 1
c-request that this Petition for Review be gr, anted and ALAB-775 be-reversed.
Dated:
July 17, 1984 Respectfully submitted, JOEL R.
REYt; OLDS, ESQ.
ETHAN P.
SCHULMAN, ESQ.
ERIC HAVIAN, ESO.
JOHN R. PHILLIPS, ESQ.
Center for Law in the Public Interest 10951 W. Pico Boulevard Los Angeles, CA 90064 (213)470-3000 DAVID S. FLEISCHAKER, ESQ.
P. O. Box 1178 Oklahoma City, OK 73101 By A
{jdOEL R.LREYNOLDS L
Attorneys for Joint Intervenors E/
The Board's blanket disregard of all anonym 6us affi-davits is an abuse of discretion where, as here, many were i
supported by self-authenticating documentation, were of sufficient technical detail to support their authenticity, or merely corroborated matters raised in numerous signed affidavits.
See ALAB-775, at 8 n.18.
In the context of a motion, the anonymity of the affiant is a consideration which may properly affect the affidavit's weight, but should not render it incompetent evidence as a matter of law, particularly where the affidavit raises safety issues and loss of anonymity could entail risk to the affiant.
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