ML20126M749
| ML20126M749 | |
| Person / Time | |
|---|---|
| Site: | 02700039 |
| Issue date: | 09/27/1978 |
| From: | Kelley J NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| Shared Package | |
| ML20126L908 | List: |
| References | |
| FOIA-92-71 SECY-A-78-073, SECY-A-78-73, NUDOCS 9301110092 | |
| Download: ML20126M749 (4) | |
Text
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- UNiftD STAfts
- i September 27, 1978 NUCLE AR REGULATORY CoKMisslON
! ADJUDICATORY ITEM !
COMMISSIONER ACTION l For: The Commissioners
! From: James L. Kelley I
- Acting General Counsel
Subject:
Review of ALAB 494, Nuclear Engineering '
' Company, Inc. (Sheffield, Illinois, Low- i Level Radioactive Waste Disposal Site) 3 denying motion to disquality Licensing ;
Board member.
Petitions '
for Review: None.
Review Time Expires: October 5, 1978 s
Purpose:
To inform the Commissioners of an Appeal
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Board decision which, in the General Counsel's opinion, does not require review. 1 Discussion: ALAB-494 affirms the Licensing Beard's i order denying intervenor's motion which requested disqualification of a member 4
of the Licensing Board for Nuclear Engineering Company's (NECO) license renewal proceeding. Both boards care-fully considered and rejected the con- ,
tention that a Licensing Board member's ;
affiliation with a national professional society creates an appearance of impro-priety requiring his disqualification when a local chapter of that society is i a party to the proceeding. This decision p does not appear to warrant Commission f, '
3 review. J.
h ,
Contact:
Sheldon L. Trubatch ]
34-3224 ,/I i
9301110092 920708 PDR FOIA ' jj c n NEGTER92-71 PDR
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Intervenor State of Illinois moved to disqualify Dr. Remi.ck from further-participation on the Licensing Board for -
this proceeding. The sole basis asserted is that his membership in the American Nuclear Society (ANS) creates an appear-ance of impropriety because the Chicago Section-of the ANS is a party to this proceeding and intends to offer evidence relevant to questions of national waste policy. This intention by the Chicago -
Section was raised by the State in recognition of the facts that Dr. Remick is neither a member of the Chicago-Section nor a resident of Illinois.l All other parties - applicant NECO, NRC Staff, and intervenor Chicago Section -
opposed Illinoin' motion.
The Licensing Board unanimously denied the motion finding-no good reason to disqualify Dr. Remick. In addition, the Board stated that it would-not entertain any presentation by the Chicago Section of evidence relevant to questions.of
. national policy. Thus, the Licensing Board explicitly rejected the only stated circumstance which Illinois claimed would create the appearance of impropriety. _
Because the Licensing Board declined to disqualify Dr. Remick, Illinois' motion was referred-to the Appeal Board as required by 10 CFR 2.704(c). Illinois was offerred an opportunity to supple-ment its original motion,_but filed no
_Dr. Remick is a part-time technical member of the I
Atomic Safety and Licensing Board Panel. He is prin-cipally employed as a raculty_ member of-the Pennsyl-vania State University in State-College, and is a-resident of Pennsylvania. Currently, he serves as an elected member-of the Executive Committee of the Reactor Operation Division of the ANS.
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3 additional memorandum. The Appeal Board reviewed the motion in accordance with the disqualification bases it has pre- -
viously summarized as follows: .
[A]n administrative trier of fact is subject to dis-qualification if he has a direct, personal, substantial pecuniary interest in a result; if he has a " personal bias" against a participant; if he has served in a prosecutive or investigative role with regard to the same facts as in issue; if he has prejudged f actual--as distinguished ,
from legal or policy--issues; or if he has engaged in conduct with gives the appearance of personal bias or prejudgment . i of factual issues,
[ Consumers Power Co. (Midland Plant,. Units 1 and 2), ALAB-101, 6 AEC 60, 65 (1973).]
The Appeal Board found that none of the disqualification bases is even arguably present here. It described as unreason-able any conclusion that Dr. Remick's membership in the ANS - a large profes-sional organization of national scope -
would cause him to be partial to the Chicago Sectio 7's litigation iposture in this proceeding which involves a waste burial' site in which he has no special interest.
This decision is consistent with judicial opinions and Department of Justice authority cited in the Appeal Board's opinion. Nothing in the record of this proceeding indicates that the decision is erroneous or otherwise requires Commission review.
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Recommendation: No Commission review.
/a)mesL.KelLey ') ,
W eting Generdi Counsel Comissioners' comments should be provided directly to the Office of the Secretary by c.o.b. Wednesday, October _4, 1978 Comission Staff Office coments, if any, should be submitted to the Comissioners NLT October 2,1978, with an information copy to the Office of the Secretary. If the paper is of such a nature that it requires additional time for analytical review and coment, the Commissioners and the Secretariat should be apprised of when coments may be expected.
DISTRIBUTION:
Comissioners Comission Staff Offices Se,cretariat
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