ML20003A672

Requests Aslab Reverse Ruling Denying Intervenors Right to cross-examine Applicant Witnesses Direct Testimony,Thereby Denying Due Process

ML20003A672
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	01/29/1981
From:	Marrack D AFFILIATION NOT ASSIGNED
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8102040662
Download: ML20003A672 (3)

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'I EEFORE THE ATO.IC SAFETY & LICEI; SING E0ARD Se r n.M ,A h.

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In the Matter of Q 9~S

'N/ K Houston Lighting & Power Company i Allens Creek Nuclear i Docket No. 50-4'6C W Generating Station I ,

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A. T:CTION FOR REVERSAL GF HEARING ECA5D ACTICN DENYING N CRCSS-EXAMINATICN EY INTER'/ENORS 0? APPLICA*;T'S XITNESSES' DIRECT TESTIL'CNY AND THEREEY DENYING DLg ,f fF J 'h FROCESS. RE: RULES OF FRACTICE FART II ~G'AY 78, "

(page 2-30)

D FEE[ 0 51981 AFFENDIX A III, (a),(3).

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3. INTERLOCUTORY AFFEAL PER 2 730 (f) $.,,,

n p_-y.uma g C. CERTIFICATION OF QUESTION PER 2.718 (1) y

% J+y D. DIRECTED CERTIFICATION RE: SEABROOK DECISION I NRC-M, Cn the af ternoon of 26 January 1981, during the hearing of this case, Judge Wolfe ruled on an objection by Applicant's attorney based on the Appeal Board's rulings in the Prairie Case:

7 NRC, 528-53; 8 NRC, 458; 8 NRC, 857; 8 NRC, 1175, that the intervenor could NOT cross examine on matters not related to Hearine Record F 38h5 (13-20),

their own contention.

F 3Shh (11-19). If this ruling is applied at this stage in this hearing, it will:-

a) Change the " ground rules" for this hearing in "mid session"

.b) Ee centrary to the stated rights of intervenors NRC Rules & Regs. A III, (a),(3).

c) Ee a denial of due process to all intervenors d) Fail to recognize the interest of intervenors after the closure date for making contentions. Several intervenors

6,J had contentions regarding Allens Creek Nuclear 3e.7.erating Station which were not submitted by them because the contention was being competently and properly submitted by other intervenors in this case. To have submitted s

them would have been a duplication and serve no useful (

purpose .

e) That there have been at least 2 other occasions when the 3 card in this heariag denied intervenor the right to properly cross-examine Applicant's witness's direct testimony.

These obstructions to the due process and denial of NRC intervenor, rules of procedure occurrdd'to Mr. Scott, on Tuesday 20 January 1981 during the cross-examination of Dr. Schlicht and Thursday 22 January 1931 during the cross-examination of Dr. Armstrong.

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No good and proper reason consistent with the NRC rules of proced'ure was given by the Board for these denials.

l These irregular practices and bias in ruling by this Board destroys public confidence in the hearing process and NRC decisions.

ACTICNS REOUESTED OF THE A??EAL 30ARD Rule that the 3 card ruling denying intervencrs the right h

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l to cross-examine any and all witnesses on their direct testimony l

be reversed and the applicability to this hearing of the NRC L

' Rules and Regulations including Appendix A III, (a),(3) be upheld.

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II. Direct that witness, Dr. Schlicht, be recalled to the witness stand that his cross-examination, preemptorily terminated

• by tha Board ruling, be continued to completion. ..

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Respectfully submitt d,

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D. Marrack, Intervenor January 29, 1981 l .

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CC l Sholdon J. Wolfe, Chairman Atomic Safety & Licensins Carro Hinderstein l Dr. E. Leonard Cheatum Appeal Board Bryan L. Baker Mr Gustave A. Linenberger Jack Newman 3renda McCorkle

( Docketing & Service Section Mr. Black Staff Counsel Wayne E. Rentfro J, Gregory Copeland Richard Lowerre William J. Schussler l

l John F. Doherty James M. Scott t

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