ML20155F644
| ML20155F644 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 04/18/1986 |
| From: | Aamodt M, Aamodt N AAMODTS |
| To: | Bright G, Kelley J, Kline J Atomic Safety and Licensing Board Panel |
| References | |
| CON-#286-861 86-519-02-SP, 86-519-2-SP, LRP, NUDOCS 8604220289 | |
| Download: ML20155F644 (4) | |
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09,CKEIED UNITED STATES OF AMERICA AMC NUCLEAR REGULATORY COMMISSION 21 Pf?:03 Before the Presiding Board:
James L.
Kelley, Chairma:
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Glenn O.
Bright gg Ru _ ra Jerry R.
Kline BR i
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In the Matter of y
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D eket No. LRP lh INQUIRY INTO
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THREE MILE ISLAND UNIT 2
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LEAK RATE DATA FALSIFICATION April 18, 1986
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AAMODT MOTION FOR RECONSIDERATION In its order of March 26, 1986, the Board found that the Aamodts filed a response to the Numerous Fxployees' objections to their intervention which was " unnecessarily strident" in language and requested the Aamodts to refraf n from " intemperate attacks on other counsel or parties. "
We have combed through our filing of March 19, 1986 to determine what could have been thought to be an intemperate l
attack or strident language.
With the exception of a StA***MS SI*$$
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- commentary (page 7, pa ra.1 ), we cannot find anything that fits trie Board's description.
We would, therefore, appreciate l
some indication from the Board where we erred.
We still find that the matter of the intent of the hearing as described in the Commission's Order of December i
18, 1986 is becoming unclear in discussions by attorneys that refer to the falsification of leak rate reports as
" alleged".
We understood from the Commission's order that the Board-was to accept as given that leak rate reports l
were falsified and simply to determine who had involvement, knowledge of, or responsibility for these matters.
We, therefore, still find that an introduction of the l
l question of whether leak rate reports were falsified to be confusing and del,aying.
We do not believe that any party should act to un-necessarily delay the proceeding, nor do the NRC rules and 1
l regulations tolerate unnecessary delay.
We still believe that the attorneys for the 26 employees are not acting responsibility in persisting in referring to alleged falsification of Icak rate reports.
We still feel that these attorneys' position has the potential for delaying the hearing.
We feel that these attorneys are, in a real sense, d.fying the Commission in their persistence.
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We also find that the lead attorney misrepresented two facts before the Board in the pre-hearing conference, and that the misrepresentation could only have been deliberate.
l See Tr. 29 and 37 (Voigt); Tr. 51-53 and relevant documentation, Facgre F. Henson report and Rambo decision.
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. We also found the lead atto'rney's criticisms of the U.S.
Attorney to be strident.
See Tr.37 (Voigt).
We would, therefore, request the Board to withdraw its criticism of the Aamodts filing of March 19, 1986, to consider the question presented concerning the purpose of hearing, and to consider noting the improper conduct of the lead attorney for the numerous employees.
We would withdraw our request for dismissal of the attorneys for the numerous employees on the basis of contempt.
THEREFORE, the Aamodts humbly request this honorable Board to reconsider the elements of the March 19, 1986 motion as discussed above and to reconsider there characterization of this filing.
Respectfully submitted.
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Marjorie M. Aamodt L llIlbt'h h ktlt'&'M's i_
Norman O.
Aamodt COMMITTEE ON HEALTH ASPECTC & MANAGEMENT OF NUCLEAR POWER Box 652, Lake Placid, N.Y.
12946 Tel. 518-523-2370 April 18, 1986
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Presiding Board In the Matter of
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INQUIRY-INTO
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Docket No. LitP THREE MILE ISLAND UNIT 2
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LEAK RATE FALSIFICATION
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CERTIFICATE OF SERVICE I certify that copies of AAMODT MOTION FOR RECONSIDERATION' dated April 18, 1986 were served upon the following persons by deposit in U.S. Mail, Express delivery where marked (*) or first class, postage prepaid, today, April 18, 1986.
Chief, Do keting & Service Section Office of the Secretary U.S. Nuclear Regulat.ory Commission Washington, D.C.
20S55
< James B.
Burns, Esq.
Isham, Lincoln & Beale Presiding Board, the Honorables 3 First National Plaza e James L. Kelley, Chairman Suite S200 Glenn O.
Bright
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Chicago, IL 60602 Jerry R. Kline Atomic Safety and Licensing Board Panel 3 Michael W. Maupin U.S.
Nuclear Regulatory Commission ilunton & Williams Washington, D.C.
20S55 707 E. Main St.
P.O. Box 1535 Jack R. Goldberg, Esq.
Richmond, VA 23212 Mary Wagner, Esc.
Office of the Executive Legal Director-U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Ernest L.
Blake, Esq.
Shaw, Pittman, Potts & Trowbridge 84Q W [#$
6k 1800 M Street, N. W.
Washington, D.C.
20036 Marjdric M. Aamodt e liarry H. Voigt, Esq.
April 18, 1986 LeBoeuf, Lamb, Leiby & MacRae i
1333 New !!ampshire Ave., N. / W.
i Suite 1100 Washington, D.C.
20036 Smith B. Gephart, Esq.
Killian & Gephart 216-218 Pine Street Hox 886 II;i rr i sbu rg, l'A 17108
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