ML20099L142

Suppl to 841119 Memorandum of Points & Authorities in Support of Motion for Certification of Order Barring Gilinsky & Bradford Testimony.Certificate of Svc Encl

ML20099L142
Person / Time
Site:	Three Mile Island
Issue date:	11/29/1984
From:	Bernabei L, Doroshow J CHRISTIC INSTITUTE, GOVERNMENT ACCOUNTABILITY PROJECT, THREE MILE ISLAND ALERT
To:
References
CON-#484-381 SP, NUDOCS 8412010021
Download: ML20099L142 (4)

Text

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RELATED CGRRES?CNDEN0!i.

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UNITED STATES OF AMERICA ':'

NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Appeal Boa $b 2,0 07,.42 f-

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In the Matter of ) ~

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METROPOLITAN EDISON COMPANY ) Docket No. 50-289

) (Restart - Management Remand)

(Three Mile Island Nuclear )

Station, Unit No. 1) )

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- SUPPLEMENT TO THREE MILE ISLAND ALERT'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR CERTIFICATION OF ORDER BARRING GILINSKY AND BRADFORD TESTIMONY On November 19, 1984, TMIA filed a Motion for Directed Certification on the Exclusion of Testimony of Former NRC Commis-

, sioners Peter Bradford and Victor Gilinsky, and a supporting Mem-orandum of Points and Authorities. TMIA herein supplements its Memorand'um in Support by adding two points of clarification.

i At p. 27 of the memorandum, TMIA cites the Code of Federal Regulations, 10 CFR 0.735-26-27 as controlling individual rights and NRC responsibilities regarding questions, under the Ethics in Government Act, within the NRC's regulatory process. It has recently come to the attention of TMIA that the NRC has, in

, addition, developed specific procedures for the handling of Ethics

' ' in Government Act. questions within the agency. These procedures

~8 bg must be adhered to before an administrative sanction, such as the striking of testimony, may be administered. See, Procedures to

.g4 Enforce the Post-Employment Restrictions of the Ethics in Govern-

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'$go ment Act of 1978, NRC Manual Chapter 4124, NRC App. 4124, Part III (1982), 10 CFR S0.735-3 (a) (9) . It is without question.that these

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strict procedures were not followed by the Licensing Board before disallowing the testimony of-Bradford and Gilinsky in~this case.

becond, it has also recently come to the attention of TMIA, upon a careful review of the hearing transcript of the May,1979 Oversight Hearings conducted by the House Committee on Interior and Insular Affairs, Part 2 at pp. 190-191, that Mr. Dieckamp also sent a copy of his mailgram to then Commissioner Kennedy, in addition to one to Commissioner Gilinsky. At the time TMIA's pleading was filed with the Appeal Board, TMIA was under the im-pression that, as stated in both Mr. Dieckamp's pre-filed written testimony,2 and in NUREG-0760,3 only Commissioner Gilinsky was sent an official courtesy copy. However, while at least one

, other Commissioner -received a copy, TMIA believes it is equally significant for purposes of examining Mr. Dieckamp's state of mind that upon NUREG-0760's release in 1981, Mr. Dieckamp did not challen'ge the factual premise of the report, and to this day, the single Commissioner to whom he recalls sending a copy, in fact forming a basis for his testimony, was Commissioner Gilinsky.

Respectfully submitted, M -

y J Enne Doroshow T e Christic Institute 1324 North Capitol Street

[ Washington, D.C. 20002

!: (202) 797-8106 Joint Mailgram Exhibit 29, 3MuwF* -

PP. 190, 191.

Lynn tM Bernabei"

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' 2 Gove ment Accountability Projec%l Testimony at p. 4.

3 1555 Connecticut Ave.N.W./S 202 l 1

NUREG-0760 at pp. 4 5,, Washington, D.C. 20036 117-1, 117-2. (202) 232-8550 l Counsel for Three Mile Island Alert

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5 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING _ g' APPEAL BO 9

'0 P2:q In the Matter )

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METROPOLITAN EDISON COMPANY Docket No. 50-289 (Restart Remand on Management)

(Three Mile Island Nuclear )

Station, Unit No.1) )

)  !

I hereby certify that copy of the foregoing Three Mile Island Alert's l Certification of Order Barrisy Gilirsky and Bradford Testim '

by mailing a copy, postage prepaid, to the followinp .

Nunzio U.S.

J. Palladino, Chairman Nuclear Washington, D.C.

Regulatory Commission

• Administrative Judge 20555 Christine N. Kohl Atomic Board Safety and Licens?ng Appeal Thomas M. Roberts, Commissioner U.S. Nuclear Regulatory Commission Washington, 11.S. Nuclear Regulatory Commission D.C. 20555 Washington, D.C. 20555 James K. Asselstine, Commissioner

• Administrative Judge  :

U.S. Nuclear Regulatory Commission Ivan W. Smith, Chairman Washington, D.C. 20555 Atomic Safety and Licensing Board U.S. NuclearD.C.

Washington, Regulatory Commission Frederick 3 Bernthal, Commissioner 20555 U.S. Nuclear Regulatory Commission

• Administrative Ju'dge

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Washington, D.C. 20555 Sheldon W. Wolfe. l g

Lando W. Zech, Jr., Commissioner Atomic Safety and Licensing Board B U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Administrative Judge

• Administrative Judge 1 Gary J. Edles, Chairman Gustave A..Linenberger, Jr. S Atomic Board Safety and Licensing Appeal Atomic Safety and Licensing Board I U.S. NuclearD.C.

Washington, Regulatory Commission U.S. Nuclear Regulatory Commission 20555 Washington, D.C. 20555 i Docketing and Service Section (3) g

• g Administrative Judge Office of the Secretary g John H. Buck U.S. Nuclear Regulatory Commission E Atomic Safety and Licensing Appeal Washington, D.C. 20555 Board F U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board E Washington, D.C. 20555 Panel n U.S. NuclearD.C. Regulatory Commission 5 Washington, 20555 L wr

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2-Atomic Safety and Licensing Appeal Board Panel Michael W. Maupin, Esq.

U.S. Nuclear Regulatory Commission Hunton & Williams Washington, D.C. 20555 707 East Main Street P.O. Box 1535

• Jack R. Goldberg, Esq. Richmond, VA 23212 Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 t

Thomas Y. Au, Esq.

Office of Chief Counsel Department of Environmental '

Resources

• 505 Executive House g,g P.O. Box 2357 L Benabel Harrisburg, PA 17120 Ernest L. Blake, Esquire Shaw, Pittman, Potts & Trowbridge 1800 M St. N.W.

Washington, D.C. 20036 Mr. Henry D. Hukill Vice President GPU Nuclear Corporation P.O. Box 480 Middletown, PA 17057 Mr. and Mrs. Norman Aamodt R.D. 5 Coatesville , PA 19320 Ms. Louise Bradford .

TMI Alert 1011 Green Street Harrisburg, PA 17102 Joanne Doroshow, Esquire The Christic Institute 1324 North Capitol Street Washington, D.C. 20002 4 Ellyn R. Weiss, Esq.

Harmon, Weiss & Jordan 2001 S Street, N.W., Suite 430 Washington, D.C. 20009 Michael F. McBride, Esq. i LeBoeuf, Lamb, Leiby & MacRae '

1333 New Hampshire Avenue, N.W. ,

Suite 1100 Washington, D.C. 20036 '

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