ML20093N040
| ML20093N040 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 10/29/1984 |
| From: | Roisman A Citizens Association for Sound Energy, TRIAL LAWYERS FOR PUBLIC JUSTICE, P.C. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#484-802 OL-2, NUDOCS 8410310309 | |
| Download: ML20093N040 (5) | |
Text
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i)D9s RELATED CORREYCNDENCE
'550
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Oc tooe r 29, 1984
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UNITED STATES OF AMERICA T 30 No:47 NUCLEAR REGULATORY COMMISSION
$cq BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In tne Matter of
.)
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TEXAS UTILITIES GENERATING
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Docket Nos.' 50-445-2 COMPANY, et al.
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and 50-446-2
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(Comanche Peak Steam Electric
)
Station, Units 1 and 2)
)
CASE OPPOSITION TO MOTION TO STRIKE OF O.B. CANNON Tne Motion to Strike is founded on several f aulty assumptio ns :
1)
It incorrectly assumes that confusion aoout the sequence of events or a clear memory of them (a point acknowledged Dy the Board and easily correctable oy the upcoming testimony) taints tne entire testimony including points on which Mr. Norris was quite clear -- e.g. nis opinion of L1pinsky and nis opinion of the proolems or lack of proolems at CPSES.
2)
It incorrectly assumes that Rule 403 of tne Federal Rules of Evidence, which is on its f ace written to protect juries f rom prejudicial testimony, applies to strike testimony Defore an
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administrative enree person nearing ooard consisting of two lawyers and a scientist.
8410310309 841029 PDR ADOCK 05000445 G
. 3)
It incorrectly assumes that if tne testimony casts a snadow on Mr. Norris' veracity the snadow will De lif ted oy striking tne testimony anc thus essentially eliminating any opportunity for ene witness to cla'rlfy the record.
4)
It incorrectly assumes that the Board acted in an improper manner oy not stopping the testimony on ene first day when Mr. Norris' confusion was apparent and neglects the fact tnat (a) It was Mr. Norris wno f ailed to f ully respond to the suopoena and failed to produce all relevant documents in O.B.
Cannon's tiles thus creating mucn of the confusion, (D) It was Mr. Norris who spent consideraole time witn counsel for TUGCO going over the scope of tne testimony expected and chose to come-to testify without cetter preparation, (c) It was not until tne second day when Mr. Norris' memory improved tnat the Board raised a question aoout nis candor and snortly thereaf ter Dased on Mr.
Norris' concerns the examination was nalted.1/
1/
Cannon alleges a "Dasic lack of procedural fairness" occurred.
We take strong exception to this unsupported and insupportaole assertion.
Mr. Norris nad oeen suopoenaed some time oefore the nearing.
He nad access to counsel for CPSES wno could have advised nlm of the Board's prooing examinations and h.
nas need for counsel.
He knew what documents the Board wanted and did not produce enem.
He could have orougnt counsel and did not.
It is Mr. Norris wno created nis own proolem and not any procedural unfairness and-to allege to the contrary is an unwarranted attack on the nearing process.
r
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. Viewed in '11gnt of these erroneous assumptions it is clear tne Motion to Strike snould oe denied.
Of great importance is that on many points Mr. Norris gave very clear testimony which should not now oe removed merely odcause at other places ne was less clear.
Tne Board nas already determined that it does not deem the confusing or poorly rememoered portions of prior testimony to oe necessarily damaging in and of themselves to Mr.
-Norris provided his suoseguent testimony is candid and complete.
(Memorandum; Testimony of O.B. Cannon, Octooer 4, 1984)
But to the extent Mr. Norris was previously unclear oy design --
i.e.
to thwart tne inquiry in an effort to protect CPSES, then tne prior testimony is not only pertinent out crucial.
We are confident the Board will nave no dif ficulty distinguishing Detween nonest confusion and any other motivation and Delieve that in order to have a full record oefore it the Board snould deny the Motion to Strike.
Respectfully suomitted, P<xw m,
ANTHONY Z. f0ISMAN L
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Trial Lawy4rs,/for Puolic Justice, PC
'2000 P Street, N.W.,
Suite 611
?
Washing ton, D.C.
20036 (202) 463-8600 Counsel for CASE
Octooer 29, 1984 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC-SAFETY AND LICENSING BOARD In the Matter of
)
')
TEXAS UTILITIES GENERATING
)
COMPANY, et al.
)
Docket Nos. 50-445-2
)
and 50-446-2
-(Comanche Peak Steam Electric
)
Station, Units 1 and 2)
)
J CERTIFICATE OF SERVICE By my signature celow, I hereoy certify that true and correct copies of CASE's Opposition to Motion to Strike of Ot.B. Cannon nave Deen sent to the names listed Delow this 29th day of October, 1984, Dy:
Express mall wnere Indicated Dy *;
Hand-delivery where indicated oy **; and First Class Mail unless o ther w ise Indicated.
Administrative Judge Peter B. Bloch U.S. Nuclear Regulatory Commission 4350 East-West Highway, 4 th Floor Betnesoa, Maryland 20814 HerDert Grossman Alternate Chairman ASLB Panel U.S. Nuclear Regulatory Commission 4350 East-West Highway, 4th Floor Bethesda, Maryland 20814 Dr. Kenneth A. McCollom, Dean Division of Engineering, Architecture and Technology OKlanoma State University 1
Stillwater, Oklahoma 74074
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.s Dr. Walter H. Jordan 881 W. Outer Drive Oak Ridge, Tennessee 37830 Ms. Ellen Ginsoerg, Law Clerk U.S. Nuclear Regulatory Commission
- 4350 East / West Highway, 4 tn Floor Bethesda, Maryland 20814 Nidnolas S. Reynolds, Esquire B1snop, Lloerman, Cook, Purcell & Reynolds 1200 17th Street, N.W.
Wasnington, D.C.
20036 Stuart Trecy,. Esquire Geary S. Mizuno, Esquire Office of Executive Legal Director U.S. Nuclear Regulatory Commission j
7735 Old Georgetown Rd.,
10tn Floor Betnesda, Maryland 20814
' Docketing & Service Section
' Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Renea Hicks, Esquire Assistant Attorney General Environmental Protection Division Supreme Court Building Austin, Texas 78711 Mrs. Juanita Ellis President, CASE 1426 S. Polk Dallas, Texas 75224 Joseph Gallo, Esquire Isnam, Lincoln & Beale 1120 Connecticut Avenue, N.W.
4.
Suite 840 Washington, D.C.
20036 f
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