ML20101S947

Petition to Aslab to Reassert Rights to Fair Hearing & Reverse ASLB 850129 Decision & Allow Recall of Witnesses to Complete cross-examination & Set Aside Findings Schedule. Related Correspondence

ML20101S947
Person / Time
Site:	Limerick
Issue date:	01/31/1985
From:	Anthony R FRIENDS OF THE EARTH
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
CON-#185-360 OL, NUDOCS 8502050729
Download: ML20101S947 (1)

Text

% m ATEDCCRRE F tJG6 U.S. NUCLEAR REGULATORY COMMISSION... ATOMIC SAFETY & LICENSING APPEAL BoiRD Re. PHILA. ELECTRIC CO. Limerick Gan,Sta. Unito 1 & 2 DOCKET No. 50- 352,353. ' '

Jan. 31, 1985 APPEAL FROM R.L. ANTHONY FOS TO TH3 APPEAL BOARD FROM THE ORAL DENIAL BY LB 0F OUR MOTIONS OF 1/29 85 to SET ASIDE THE FINDING EHEDULE & RECALL WITNESSES.

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BACKG30UND. During the hearings in Philadelphia on off-site emerpnoy em, plan-ning f or a radiological emergency at the Limerick pl,nt the Hearing' Beard . applied

~33 prejudicial and arbitrary time restr intsa and other biased pressure on eitizen interveners who were thereby prevented from carrying out an orderly eress exam-~

ination of witnesses. Time was restricted in a dictatorial manner with ih5 result that our oress examination wgs out off and the record is socordingly in-complete and faulty. The Boa rd and the Parties will be denied many crucial items which were excluded because of the Board cutting off cross examination.

There is evidence in the hear ing record of the Board's stated pressure to meet a deadline o'n submitting its decision. To thus circumvent due process an d fair judicial proceedure amounts to subversion of the judicial Process. In addi-tien there is a hint as to the' source of some o,f the ,oressure in the transcript of a recent Commission' meeting in which tho' time needed to semplete the process of licensing Limerick was discussed with the implied goal of speeding up the out-come ( See transcript,NRC 1/8/85 ps. 28 to 37, served on us 1/25/85 )

RELIEF. On 1/29/85 Anthony /F0E submitted motions to LB to request that LB oorrect some of the prejudice and injustice done our cententions by the denial of due process and a fair hearing guaranteed to citizens under NEPA and AEA. Our motions to set aside the findings schedule a nd to rec all witnesses where our cross examination had been cut off were summarily denied in an oral ruling by LB en1/29/85 We hereby petition the Apeegl Board to reassert out rights to a fair hear-and to reverse the decision of the Licensing Board and order the findings sched-that ule be set aside an d,we be afforded the opportunity to have the LB recall wit-nesses where our examination was cut off, to complete our cross examination.

cc8 NRC LB Judges, Counsel, Docketing Serv. Rossectfully submitted, PECo, PEMA, FEMA, LEA and others en Serv. List, f , /} g Box 186 Moylan ,Pa. 19065 P.S. Attention of Ms. C.J. Shoemaker,See. AB. :

In response to the AH order of 1/16 85, we inform you that R.L. Anthony will present argument at the hearing on 3 4/85 for Anthony / FOE ,

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