ML20248D629

Jj Macktal Statement Re Motion for Recusation.* Macktal Motion Considered Moot Due to Commission No Longer Having Jurisdiction to Consider Motion Since Macktal Not Party to Proceeding Before Nrc.W/Certificate of Svc

ML20248D629
Person / Time
Site:	Comanche Peak
Issue date:	08/02/1989
From:	Kohn S KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA
To:	NRC COMMISSION (OCM)
Shared Package
ML20248D587	List: ML20248D583 ML20248D629
References
NUDOCS 8908110096
Download: ML20248D629 (3)

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UNITED. STATED OF AMERICA ym, NUCLEAR REGULATORY COMMISSION Uw;

) '89 AUG -8 P3 :59 In re JOSEPH MACKTAL ) 0I-89-008

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Joseph J. Macktal's Statement DOLC - 5 .i Regarding His Motion for Recusation I?^M On June 15, 1989 Mr. Joseph J. Macktal, Jr. was f

subpoenaed by the NRC OI. On June 22, 1989 the NRC issued an order upholding said subpoena. On 7'ly 3', 1989 Mr.

Macktal, through counsel, filed a Motion for Reconsideration and Motion for Recusation. On July 5, 1989 Mr. Macktal's Motion for Reconsideration was denied by th'.s NRC.

l On August 2, 1989 counsel for Mr. Macktal learned that the NRC was still considering the Motion for Recusation.

Mr. Macktal's counsel believed that the Motion for Recusation was moot, as Mr. Macktal has no pending motion or requests before the NRC. Apparently, the NRC maintains that the Motion for Recusation is not moot.

According to NRC precedent, a motion for disqualification of a Commissioner would be determined

" exclusively" by each Commissioner. Pacific Gas & Electric Co., 11 NRC 411 (1980). When the Commissioners acted upon l the Motion for Reconsideration, they had ample opportunity to disqualify themselves on the basis of Mr. Macktal's request. None of the Commissioners disqualified themselves.

The disqualification motion was constructively denied when the NRC issued its July 5, 1989 Order. See, 01-89-008.

Presently Mr. Macktal is not a party to any proceeding perding before tbr Commission. 0 :equently, the Commission 8900210096 890P32 PDR COMMS NRCC CORRESPONDENCE PDR

no longer _has jurisdiction to consider Mr. Macktal's Motior, for Recusation, as said Motion is moot..

Respectfully submitt d, Y'

S.tophet. M. Kohn" JOHN, KOHN & COLAPINTO, P.C.

517 Florida Avenue, N.W.

Washington, D.C. 20001 (202) 234-4663 August 2, 1989 l

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CERTIFICATE OF SERVICE I IIEREDY CERTIFY that a copy of the foregoing was served upon the following parties on the 2nd day of August 1989:

By First Class Mail Chuck Mullins Secretary of the NRC U.S. Nuclear Regulatory Commission Washington, D.C. 20555 g I /

By:

Step {phM. Kohn l

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