ML20099E699

Motion for Directed Certification on ASLB 841109 Exclusion of Testimony of Former Commissioners P Bradford & V Gilinsky.Licensee Presentation of Factual & Opinion Testimony Allowed

ML20099E699
Person / Time
Site:	Three Mile Island
Issue date:	11/19/1984
From:	Bernabei L, Doroshow J CHRISTIC INSTITUTE, GOVERNMENT ACCOUNTABILITY PROJECT, THREE MILE ISLAND ALERT
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
Shared Package
ML20099E700	List: ML20099E699 ML20099E709
References
CON-#484-272 SP, NUDOCS 8411260026
Download: ML20099E699 (2)

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' UNITED STATES OF AMERICA t~ NUCLEAR REGULATORY COMMISSION j A CGMETE6 Before the Atomic Safety and Licensing' Appeal Board D'"

Administrative Judges: 1 V 23 A7; ;g.

Gary J. Edles, Chairman 2"I'J W ercm . '

Dr. Jonn H. Buck " M E U ' 'S W ji' Christine N. Kohl 3 RANCH In the Matter of )

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METROPOLITAN EDISON COM?ANY ) Docket No.60-289S/

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(Three Mile Island, Nuclear ) - (Restart Remand on Management)

S tation, Unit No. 1) ) -

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THREE MILE ISLA:;D ALERT'S MOTION FOR DIRECTED CERTIFICATION ON EXCLUSION OF TESTIMONY OF FORMER NRC COMMISSIONERS PETER }RADFORD AND VICTOR GILINSKY Three Mile Island Alert ("TMIA") , pursuant to 10 CFR 2.77 ,

petitions this Atomic Safety and Licensing Appeal Board (" Appeal Board") to consider and reverse an order of the Atomic Safety and Licensing Board (" Licensing Board") which foreclosed TMIA from presenting the testimony of former Nuclear Regulatory Commission ( " NRC" or " Commission") Commissioners Victor Gilinsky and Peter Bradford and yet permitted licensee's presentation of factual and opinion testimony on the same matters.

Further, TMIA requests that the Appeal Board determine whether the Ethics in Government Act of 1978, 18 U.S.C. 5207 applies to the proposed opinion testimony of former Commissioners Gilinsky and Bradford to foreclose its introduction into evidence l l in this proceeding. I l

In support of this motion, TMIA submits the accompanying  ;

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Memorandum of Points and Authorities. It also refers the B411260026 841119 n PDR ADOCK 05000289 U .'

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. l the Appeal Board ' to - the following portions of the record' below: I TMIA's Motion for Leave to Present the Testimony of Victor.-

Gilinsky; TMIA's' Motion to Admit Deposition o'f Peter Bradford as Testi.many of Unavailable Witness; Peter Bradford's DepositionL of October'27, 1984; Licensee General Public Utilities Nuclear

("GPU")- responses to TMIA's motions; the transcript of-the November 9,~ 1984 Prehearing Conference containing the Licensing Board's' order denying both of TMIA's motions to present the testimcny cf Dr. Gilinsky and Mr. Bradford; and the transcripts of the November 14 and November 15, 1984 hearings on the Dieckamp Mailgram issue.

TMIA requests expedited consideration of this interlocutory appeal in order that'the error may be corrected prior to the close of the hearings-on the Dieckamp Mailgram issue, currently scheduled to end approximately December 4, 1984,

. Respectfully submitted, WL pA Lfnge Bernabei Govqrnment Accountability Project h555 Connecticut Ave. N.W. #202 Wadhington, D,C. 20036 (202) 232-8550 Jo~ bsL%/ / A Joanne Doroshow '

i The Christic Institute 1324 North Capitol Washington, D.C. 20002 (202) 797-8106 Dated: November 19, 1984 Attorneys for Three Mile Island Alert l l