ML20101S958
| ML20101S958 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 02/04/1985 |
| From: | Trowbridge G GENERAL PUBLIC UTILITIES CORP., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#185-404 SP, NUDOCS 8502050735 | |
| Download: ML20101S958 (6) | |
Text
{{#Wiki_filter:YWS f,r r l sg s C ' 'ET,ED February 4, 1985 "1 T2 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION. BEFORE ADMINISTRATIVE LAW JUDGE IVAN SMITH In the Matter of ) ) METROPOLITAN EDISON COMPANY ) Docket No. 50-289 35 ) (Restart) (Three Mile Island Nuclear ) Station, Unit No. 1) ) LICENSEE'S MOTION TO STRIKE UCS' REPLY TO LICENSEE AND STAFF RESPONSES TO DISQUALIFICATION MOTIONS On January 31, 1985, Union of Concerned Scientists (UCS) moved for leave to file a reply to the Licensee and Staff re-d sponses to the disqualification motions filed by UCS, the Com-monwealth of Pennsylvania and TMIA.1/ Simultaneously with its 1/ The asserted purpose of the UCS reply is "to assure that the record is complete with respect to the extrajudicial nature of the disqualifying actions taken by Judge Smith." j In fact the UCS reply ignores sources for Judge Smith's information both about the conviction of Mr. Floyd and the treatment of G and H. As to Mr. Floyd the Licensing Board was informed of his indictment by Licensee's Notice dated i June 19, 1984. His conviction in a Federal District Court (Continued next page) l l 8502050735 850204 PDR ADOCK 05000289 0 PDR 303
f '-{. ' motion for leave to file a reply, UCS also filed its reply to the Licensee and. Staff responses. For the reasons discussed -below, leave to file 1the reply should be denied, and the reply itself should be stricken from the record. The Commission's rules of practice governing the type of reply filed by UCS are clear. UCS does not have a right to file a reply to answers to their motions; such a reply may only be made upon prior application for and the granting of leave to file by the presiding body. See 10 C.F.R. 2.730(c); Detroit 4 Edison Company (Enrico Fermi Atomic Plant, Unit 2), ALAB-469, 7~ N.R.C. 470,.471 (1978); Arizona Public Service Company, et al. l (Palo Verde Nuclear. Generating Station, Units 1 and 3),. LBP-83-36, 18 N.R.C. 45, 50 (1983). Leave to file a reply "will be granted sparingly," and then only upon a strong i showing of good cause". Texas Utilities Generating Company, et i al. (Comanche Peak Steam Electric Station, Units 1 and 2), 1 (Continued) is a matter of which Judge Smith was clearly entitled to take judicial notice. 10 C.F.R. 2.743(i). It was not in 2 any. event the kind of. personal knowledge acquired outside i the proceeding which might form a basis for disqualifica-tion on grounds of bias or prejudgment. As to G.and H, Judge Smith was served with copies of Licensee's Notices ~ of October 7, 1982 and June 10, 1983, regarding Messrs. G and.H's status, as well as a copy of a related Stipulation between-Licensee and the Commonwealth dated July 6, 1983. 4 See also ALAB-772, 19 N.R.C. 1193, 1212-13 (1984). Re-ceipt of officially cerved documents does not constitute ~, an extrajudicial source. 4 ; r -.,,.7 ,-,-.,mm e-.---
- LBP-81-22, 14 N.R.C.
150, 157 (1981); Commonwealth Edison Company (Byron Station, Units 1 and 2), LBP-81-30A, 14 N.R.C. 364, 372 (1981). If a motion for leave to file a reply brief is made, "the reply brief should not be attached to the motion but should only be submitted after permission to file is granted." Public Service Company of Oklahoma Associated Electric Cooperative, Inc. (Black Fox Station, Units 1 & 2), LBP-76-38, 4 N.R.C. 435, 441 (1976). UCS has failed to meet these standards. Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE . M/ /$4W s Gebrge/. Trodbridge, f.C. F Ernest L. Blake, Jr.,/P.C. Counsel for Licensee 1 i Dated: February 4, 1985
. g February 4, 1985 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE ADMINISTRATIVE LAW JUDGE IVAN SMITH In the Matter of ) ) METROPOLITAN EDISON COMPANY ) Docket No. 50-289 ) (Restart) (Three Mile Island Nuclear ) Station, Unit No. 1) ) CERTIFICATE OF SERVICE I hereby certify that copies of " Licensee's Motion to Strike UCS' Reply to Licensee and Staff Responses to Disquali-fication Motions," dated February 4, 1985, were served upon those persons on the attached Service List by deposit in the United States mail, postage prepaid, or where indicated by an asterisk (*), by hand delivery, this 4th day of February, 1985. . MJ M / GeMrgef. Troi4 bridge, P[. Dated: February 4, 1985 i 4
'g i - UNITED STATES OF~ AMERICA NUCLEAR REGULATORY-COMMISSION o L BEFORE ADMINISTRATIVE LAW JUDGE IVAN SMITH ? In the Matter of ) ) METROPOLITAN EDISON COMPANY ) Docket No. 50-289 i ) (Restart) (Three Mile Island Nuclear ) Station, Unit No. 1) ) SERVICE LIST Nunzio J. Palladino, Chairman
- Administrative Judge U.S. Nuclear Regulatory Commission Gustave A. Linenberger, Jr.
Washington, D.C. 20555 Atomic Safety and Licensing Board i U.S. Nuclear Regulatory Commission Thomas M. Roberts, Commissioner Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Administrative Judge l Gary J. Edles James K. Asselstine, Commissioner Chairman, Atomic Safety and U.S. Nuclear Regulatory Commission . Licensing Appeal Board l Washington,'D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 j Frederick Bernthal, Commissioner U.S. Nuclear Regulatory Commission Administrative Judge Washington, D.C. 20555 John H. Buck' Atomic-Safety and Licensing Lando W. Zeck,.Jr., Commissioner Appeal Board-i U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory CommissionL' 3 Washington, D.C. 20555 Washington, D.C.~ 20555
- Administrative Judge Administrative Judge Ivan-W. Smith Christine N. Kohl Chairman, Atomic Safety and
' Atomic Safety and Licensing Licensing Board ' Appeal Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. ~20555' Washington, D.C. 20555
- Administrative Judge Docketing and Service Section (3)
Sheldon J. Wolfe Office of the Secretary Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission . Washington, D.C. 20555 Washington, D.C. 20555 e-..,,.,,,. , -. ~, - - +,. -,, ~, --,-.., -n , - -. --. - ~.
4 -6 : 1 SERVICE. LIST PAGE 2 i Atomic Safety and Licensing Mr. Henry D. Hukill -Board Panel Vice President' U.S. Nuclear' Regulatory Commission GPU Nuclear Corporation Washington, D.C. 20555 P. O. Box 480 Middletown, PA. 17057 -Atomic Safety and Licensing Appeal 1 Board Panel-Mr. and Mrs. Norman Aamodt U.S. Nuclear Regulatory Commission R. D. 5 Washington,-D.C.: 20555 Coatesville, PA. 19320
- Jack R. Goldberg, Esquire Mrs. Louise Bradford
-Office of Executive. Legal Director TMI ALERT U.S. Nuclear Regulatory Commission 1011 Green Street Washington, D.C. 20555 Harrisburg,'PA. 17102 Thomas Y. Au, Esquire Joanne Doroshow, Esquire l* Office of Chief Counsel The Christic Institute Department of Environmental 1324 North Capitol Street Resources-Washington, D.C. 20002 505 Executive House P. O. Box 2357 Lynne Bernabei, Esquire Harrisburg,-PA. 17120 Government Accountability Project Michael F. McBride, Esquire 1555 Connecticut Avenue LeBoeuf, Lamb, Leiby & MacRae Washington, D.C. 20036 1333 New Hampshire Avenue, N.W. Washington, D.C. 20036 Ellyn:R. Weiss, Esquire Harmon, Weiss & Jordan Michael W. Maupin, Esquire 2001 S Street,-N.W., #430 Hunton & Williams Washingtoni D.C. 20009 707 East Main Street P. O. Box.1535 William T. Russell' Richmond, VA 23212 Deputy Director, Division of Human Factors Safety f Office of NRR Mail Stop AR 5200 U.S. Nuclear Regulatory Commission-Washington, D.C. 20555 r l t t 4 i --}}