ML20050D936

Affidavit of R Hagar Alleging That Judge E Hill Appeared to Be Asleep During Hearings on Wk of 820118-22.Request That Listed Statement Be Stricken from Record Revealed Inability to Control Bias Favoring Nuclear Power.W/Certificate of Svc

ML20050D936
Person / Time
Site:	South Texas
Issue date:	04/02/1982
From:	Hager R Citizens Concerned About Nuclear Power, INC.
To:
References
NUDOCS 8204120432
Download: ML20050D936 (2)

Text

.'. .

UNITED STIiTES OF AMERICA SUCLEAR REGULIsTORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

) 'o2 i~~ -8 r :: m HOUSTON LIGHTING AND POWER CO. ) Docket No. 50-498 (South Texas Project, ) 50-4.99 Units 1 & 2) )

AFFIDAVIT OF ROB HAGER / @

IN SUPPORT OF '/' gN l CCANP MOTION FOR RECUSAL OF 2/ ' ~~

, 8.-q' \

l ERNEST HILL g7 -- )

k [' $a b I, ROB HAGER, swear and depose as follows: 1\ ' ga 7

\X

1. I am an attorney admitted to the Bar of the Uni'*Mdjs* g.o Supreme Court and of other courts and have represent'ed MCD during hearings in the above-captioned matter.

2. I have read the affidavit of Lanny Alan Sinkin sworn the 23rd day of March 1982 and state that paragraphs 1-10 and 13 of that -

affidavit are true to my knowledge and belief.

~

3. During the week of hearings held in Houston during the week of January 18 to 22 Ernest Hill either was or appeared to be asleep on the bench while the hearings were in session. This occurred during the cross-examination by intervenors and appeared to be an expression of his lack of interest in hearing the intervenor's case.

4. On January 22 in the course of objecting to the conduct of the proceedings by the Board on the grounds that Constitutional due process is invc1ved in a nuclear power plant licensing hearing, l affiant read the follming quotation from a Nuclear Regulatory Commission issuance published in the Federal Register:

the operation of (nuclear power) plants will cost human lives. 46 Fed. Reg. 39580 col. 2.

Ernest Hill then insisted to the Board Chairman, loudly enough to be heard at counsel's table, that this quotation be struck from the record. This act of Ernest Hill showed a fundamental misunderstanding of the responsibility of an administrative law judge to listen to evidence and legal argument and again revealed his inabil-ity to control his bias in favor of nuclear power.

OS&

l

/D '/i' S l(/ /-

, /W-A , ,. .

8204120432 820402 Rob Hager PDR ADOCK 05000498 jj,,' j O pop  ;

Subscribed and sworn to before me thisNA"da, of M Nbh~1982.

n e ,, * % we // // k b;.., f ) (fj' ,,,'l: Notary Public o,

~

/

l' g. , . e i

a A UNITED STATES OF AMERICA

, sr j

I NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMT_C SAFETY AND LICENSING BOARD In the Matter of (

)

llouston Lighting and Power Co. ( Docket No. 50-498 (South Texa s Project, Units 1 ) 50 499 and 2) (

CERTIFICATE OF SFRVICE I hereby certify that copies of the foregoing AFFIDAVIT OF ROD IIAGER IN SUPPORT OF CCANP MOTION FOR RECUSAL OF ERNAEST IIILL were mailed , first class postage prepaid to the following, this 6th day of April, 1982.

Charles Bechhoofer, Esq. Jeck R. Newman, Esq.

Chairman Lowenstein, Newman, Reis, Atomic Sa fety and Licensing Board Axelrad & Toll U. S. N. R. C. 1025 Connecticut Avenue Washington, D.C. 20555 Washington, D.C. 20036 Dr. James C. Lamb, III Mrs. Peggy Buchorn 313 Woodhaven Road Route 1, Box 1684 Cha pel 11111, North Carolina 275'4 Brazoria, Texas 77422 Mr. Ernest E. 11111 Docketing and Service Section Lawrence Livermore Laboratory Office of the Secretary University of California U.S.N.R.C.

P. O. Box 808, L-123 Washington, D.C. 20555 Livermore, California 94550 a.tomic Sa fety and Licensing Board Brian Berwick, Esq. U. S. N. R. C.

A s sis ta nt Attorney General Washington, D.C. 20555 Environmental Protection Division P. O. Box 12548, Capitol Station Atomic Sa fety and Licensing Austin, Texas 78711 Appeal Board U.S.N.R.C.

Tom lludson, Esq. Washington, D.C. 20555 Baker and Botts One Shell Plaza ,

llouston, Texas 77002 7 u[,nb A ftn.q Edwin J. Reis "Lanny'/Sinkin Office of Executive Legal Director M U.S.N.R.C.

Vashington, D.C. 20555 l.Jili l 1 b" 5

$= Ul$ 1 4 f g p y ,s t e *^ **

I?d C %A, i "

L.), _.,[. . , i - Dr :M&