ML20127H366

Discusses Disclosure of Prof & Personal Relationship W/Judge Brenner & Possible Affect on Proceeding,Per Bl Rorem Request for Extension of Time.Ability to Conduct Impartial Hearing Not Affected.Related Correspondence

ML20127H366
Person / Time
Site:	Braidwood
Issue date:	05/16/1985
From:	Treby S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Bach C, Cassel D, Gallo J CASSEL, D.W., ELGBCA, ISHAM, LINCOLN & BEALE
References
CON-#285-082, CON-#285-82 OL, NUDOCS 8505210282
Download: ML20127H366 (2)

Text

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[" NUCLEAR REGULATORY COMMISSION r,, cj WASHINGTON, D. C. 20555

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May 16, 1985 00LXETED USNRC Douglass W. Cassel,-Jr., Esq.

Joseph Gallo, Esq. '85 MAY 20 P4:04 BPI .

. Isham, Lincoln & Beale 109 North

Dearborn St.,

Suite 1300 Suite 840 Chicago, Illinois 60602 Ence 05 SECRGAn's 1120 Connecticut AverBUtEL%E & SERVICI:

Washington, D.C. 20036 BRANCH C. Allen Bock, Esq. Ms. Bridget Little Rorem

-P.O. Box 342 117 North Linden Street Urbana, Illinois 61801 Essex, Illinois 60935 In the Matter of Commonwealth Edison Company (Braidwood Nuclear Power Station, Units 1 and 2)

Docket Nos. 50-456 and 50-4570t-

Dear Parties to the Proceeding:

On May 10, 1985, a telephone conference was held in this proceeding to con-sider the request for extension of time made by counsel for Bridget Little Rorem, et al._ The NRC Staff participated in the conference by Elaine Chan, an attorney in Hearing Branch I assigned as Staff counsel for this proceeding and myself, the supervising attorney who heads Hearing Branch I. During the conference, Judge Brenner observed that until the conference call, he was

,not aware of my involvement in the proceeding. He wished to disclose that prior to-becoming a member of the Atomic Safety and Licensing Board Panel, he and I had interacted on a professional level. Also, for more than ten years, we have interacted on a social basis and that our wives, in particular, are good friends and have frequent social interaction. Judge Brenner stated that he did not believe our past association would influence in any way his rulings in this proceeding or affect his ability to conduct a fair and impar-tial hearing in this proceeding. However, he wished to disclose the above-stated information to the parties so that each party could determine whether it wished to pursue any action authorized by the Commission's' regulations based on disclosure of this information. See 10 C.F.R. 5 2.704. Counsel for Applicant and counsel for Rorem each indicated it was their current view that_ Judge Brenner's ability to conduct a fair and impartial hearing was not affected by this disclosure.

8505210282 850516 PDR ADOCK 05000456 0 PDR O-9 3_ -

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- 2- l During the conference, I confirmed the accuracy of Judge Brenner's disclo-

, - sure. Further, I indicated I had previously disclosed the same facts to my

, management. For my part, I do not believe the facts disclosed by Judge Brenner and myself will affect my ability to perform my duties in a proper manner.

Bob Neiner Farms,'Inc., a party admitted to the proceeding, was not involved in the conference. In these circumstances, Judge Brenner suggested I submit a written disclosure statement and serve it on all parties.

Sincerel ,

M S/

Stuart A. Treby Assistant Chief H aring Counsel cc: Service List i

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