ML20108B408
| ML20108B408 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 03/06/1985 |
| From: | Trowbridge G GENERAL PUBLIC UTILITIES CORP., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | NRC COMMISSION (OCM) |
| Shared Package | |
| ML20108B414 | List: |
| References | |
| CON-#185-892 SP, NUDOCS 8503070190 | |
| Download: ML20108B408 (2) | |
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'6 UNITED STATES OF AMERICA P4;gg NUCLEAR REGULATORY COMMISSION p /g-ME mc~;Qf t.:p y i ; I Q-p * '. yy BEFORE THE COMMISSION w.%
In the Matter of
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METROPOLITAN EDISON COMPANY Docket No. 50-289
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(Restart Remand (Three Mile Island Nuclear
)
on Management)
Station, Unit No. 1)
)
LICENSEE'S RESPONSE TO COMMISSION ORDER DATED FEBRUARY 20, 1985 On February 20, 1985, Judge Ivan Smith denied motions by the Commonwealth of Pennsylvania, the Union of Concerned Scien-tists and Three Mile Island Alert seeking his disqualification in this proceeding.
By Order of the same date the Commission took direct review of Judge Smith's decision and afforded the parties an opportunity to submit their views on the decision.
Licensee supports Judge Smith's decision.
The reasons for support are fully set forth in Licensee's Response to Motions by the Commonwealth of Pennsylvania, UCS and TMIA to Disqualify Administrative Law Judge Ivan W.
Smith, dated January 24, 1985.
A copy of Licensee's Response is attached to this filing for the convenience of the commission.
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a In brief, we are convinced that disqualification of Judge Smith cannot be justified on legal grounds.
We are also con-vinced that disqualification as a matter of Commission discre-tion would be a disservice not only to the TMI-l restart pro-ceeding but to the integrity of the Commission's adjudicatory pr,7 ass.
In particular we refer the Commission to Section V of our January 24 Response entitled " Discretionary Commission Ac-tion."
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE 2//Af
/
Gdorg( F.'Trodbridge, C.
Ernest L.
Blake, Jr.,
.C.
Dated: March 6, 1985
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