ML20128A226
| ML20128A226 | |
| Person / Time | |
|---|---|
| Site: | Braidwood  |
| Issue date: | 05/22/1985 |
| From: | Brenner L Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| CON-#285-116 OL, NUDOCS 8505240159 | |
| Download: ML20128A226 (6) | |
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UNITED STATES OF AMERICA hUCLEAR REGULATORY COMISSION ATOMIC SAFETY AND LICENSING BOARD BEFORE ADMINISTRATIVE JUDGES:
Doge]CED Lawrence Brenner, Chairman Dr. A. Dixon Callihan a5 MY 23 #0:30 Dr. Richard F. Cole kcNif ESININ.
BRkNCH In the Matter of Docket Nos. 50-4563L 50-4573L COMMONWEALTH EDISON COMPANY SERVED MAY 231985 (BraidwoodNuclearPowerStation, May 22, 1985 Units 1 and 2)
MEMORANDUM CONFIRMING DISCLOSURE OF SOCIAL ASSOCIATION WITH SUPERVISING STAFF COUNSEL During a May 10, 1985 telephone conference held for other purposes, I disclosed that I had a social relationship with Stuart A. Treby, who participated in that conference as the NRC Staff Assistant Chief Hearing Counsel with supervisory responsibilities for Staff counsel appearing in this proceeding. O At my request during the conference, Mr. Treby has Y There are four such officials, each in charge of one of the four hearing branches to which counsel for the Staff are assigned. As !
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understand the general role of NRC Staff Assistant Chief Hearing Counstis, in addition to supervising the legal work in all of the cases assigned to attorneys in each of their branches, they exercise the option to appear directly in a case, usually only on selective occasions, such as by filing a written pleading or by participation during a conference, oral argument or evidentiary hearing. Any attorney is required to who appears in an NRC proceeding on behalf of a party (Footnote Continued)
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G set forth in writing the nature of our social relationship.
Letter to parties from Mr. Treby, dated May 16, 1985.
Although the description in Mr. Treby's letter of our social relationship is accurate, I believe it may be useful to the parties for me to amplify his description from my viewpoint. Mr. Treby and I were colleagues in the AEC, later NRC, Staff legal office during my tenure there from 1973 to 1979. The office was comprised of more than forty attorneys; as I recall, we did not work closely together on cases or other matters, with one limited exception unrelated to this case or applicant. Our past professional association by itself would not lead me to believe that a disclosure was necessary. Rather, I felt the need to make this disclosure because of our social association.
As noted in Mr. Treby's letter, our wives are close friends.
Their frequent socializing results and will continue to result in Mr. Treby (FootnoteContinued) file a notice of appearance.
10C.F.R.52.713(b). While Mr. Treby had not appeared in the case prior to the telephone conference which was scheduled by the Board on short notice, I believe it would have been prudent for him to have filed a notice of appearance shortly after I was appointedtopreside(onJanuary 31,1985), in recognition of the probability that as the responsible Assistant Chief Hearing Counsel he would, on occasion, appear directly in the case. This would have alerted me to his involvement and permitted the disclosures of our relationship to have been made to the parties at that earlier time.
In retrospect, I easily could have checked to ascertai'i which Staff hearing branch had responsibility for the Braidwood case. One reason ! may have been lulled into not considering the possibility of Mr. Treby's involvement in the case is that when Ms. Chan last appeared before me as Staff counsel in another case, she had worked for another Assistant Chief Hearing Counsel, t
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and I meeting on some of those social occasinns, including visits to each other's homes, at a summer swimming pool club, and on joint family outings.
(Wearenotneighbors;weresideovertenmilesfromeach other.) Although Mr. Treby and I would not accurately be described as friends independent of the friendship of our wives, we are more than just acquaintances. We enjoy each other's company and engage in social conversations on the occasions when our families get together.
Needless to say, from the time I was appointed as an Administrative Judge in 1981, Mr. Treby and I have never discussed the substance of active or pending NRC proceedings, and particularly not one in which he or I was participating.
(Happily, there are many other things in life to talk about on social occasions.) We will not do so in the future.
Moreover, out of an abundance of caution, other than informing my wife of the acts of disclosure made by Mr. Treby and myself, I will not discuss with her the substance of any matters in this proceeding.
I am confident Mr. Treby will observe the same restraint in conversations with his wife.
I add, for the record, that Mr. Treby and I have never had any business or financial relationship.
I believe it is also noteworthy that as United States government officials, neither he nor I have any stake in the outcome of the Braidwood proceeding.
. P I have gone to some length in describing the relationship between Mr. Treby and myself, because as a former trial counsel I can sympathize with the parties' desire to have a good understanding of that relationship in order to determine whether to file a motion for disqualification pursuant to 10 C.F.R. I 2.704(c). After considering the matter, I hold to the view I expressed during the telephone conference that my social relationship with Mr. Treby will have no influence whatsoever in this proceeding and will not affect my ability
'n preside fairly and impartially. Although counsel for Applicant and for Rorem et a_1,. expressed this same view during the conference, I do not deem them estopped from changing their minds upon further consideration, provided 'they do so promptly considering the important rulings which will be pending before me in this case between now and t
early June.
Similarly, if Bob Neiner Farms, Inc., a party which was not involved in the conference call, seeks to move for my disqualification, it must do so promptly.
Lawrence Brenner, Gnairman ADMINISTRATIVE JUDGE 8ethesda, Maryland May 22, 1985
O UNITED STATES OF AMERICA NUCLEAR REGULATORY C0mi!SSION ATOMIC SAFETY AND LICENSING BOARD BEFORE ADMINISTRATIVE JUDGES:
Lawrence Brenner, Chairman Dr. A. Dixon Callihan Dr. Richard F. Cole In the Matter of Docket Nos. 50-456 50-457 COMMONWEALTH EDISON COMPANY (Braidwood Nuclear Power Station, May 22, 1985 Units 1 and 2)
COURTESY NOTIFICATION As circumstances warrant from time to time, the Board will mail copies of its memoranda and orders directly to each party, petitioner or other interested participant. This is intended solely as a courtesy and convenience to those served to provide extra time. Official service will be separate from the courtesy notification and will continue to be made by the Office of the Secretary of the Commission. Unless otherwise stated, time periods will be computed from the offi:ial ser) ice.
I hereby certify that I have today mailed copies of Judge Brenner's
" Memorandum Confirming Disclosure of Social Association with Supervising Staff Counsel" to the persons designated on the attached Courtesy Notification List.
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Valarfe M. Lane Secretary to Judge Brenner Atomic Safety and Licensing Board Panel Bethesda, Maryland Attachment
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Counse1~for the Applicant v-h' Joseph Gallo, Esq.
1 Victor G. Copeland, Esq.
Ishara, Lincoln.& Beale 1120 Connecticut Avenue, N.W.
Suite 840 5
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' Washington, DC 20036 12
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Rebecca J.;lauer, Esq.
Isham, Lincoln & Beale Three First National Plaza Suite $200 Chicago, IL'60602 Counsel for Neiner Farms q
C. Allen Bock,'Esq.
P.O. Box 342 i
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Urbana;,IL6180i Thomat I. Gordon, Esq., \\
a Waaler, Evans & Gordon 2503 South Neil-Champaign, IL 61820 Counsel for Rorem, et al.
s Douglass W. Cassel, Jr., Esq.
Ms. Bridget Little Rorem -
Timothy W. Wright,'III, Esq.
Braidwood Area Coordinator Business and Professional People 117 North Linden Street!-
for:the Public Interest Essex, IL-60935 109 North Dearborn' Street
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Suite 1300-
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Chicago, IL.60602 Counsel for NRC Staff Elaine I. Chan,_Esq.
U.S. Nuclear Regulatory Comission Washington, DC 20555
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