ML20081D836
| ML20081D836 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 10/28/1983 |
| From: | Zaleski M MASSACHUSETTS, COMMONWEALTH OF |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20081D837 | List: |
| References | |
| ISSUANCES-OL, NUDOCS 8311010358 | |
| Download: ML20081D836 (3) | |
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DOCXETET USNnc UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 00CX T hihId-BRANCH BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
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In the matter of:
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PUBLIC SERVICE COMPANY
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Docket Nos. 50-443-OL OF NEW HAMPSHIRE
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50-444-OL
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(Seabrook Station, Units I and II) )
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ATTORNEY GENERAL FRANCIS X. BELLOTTI'S MOTION FOR DISQUALIFICATION AND RECUSAL OF JUDGE HELEN F.
HOYT AND MOTION FOR RECONSIDERATION OF JUDGE HOYT'S RULING ON MOTION FOR
SUMMARY
DISPOSITION AND MOTION FOR REHEARING Francis X. Bellotti, Attorney General for the Commonwealth of Massachusetts, moves, pursuant to 10 C.F.R.
S2.704 (c), for the disqualification and recusal of Atomic Safety and Licensing Board Judge Helen F. Hoyt, for reconsideration of Judge Hoyt's Ruling on Applicants' Twenty-First Motion for Summary Disposition (to the extent it applied to Contentions NECNP 111.12 and 13); and, whether or not the Motion for Reconsideration is allowed, for a Rehearing on Contentions NECNP 111.12 and 13, as redraf ted by Judge Hoyt in her ruling on the Applicants' Motion for Summary Disposition.
The grounds for this motion, as set forth more fully in the attached memorandum in support of this motion and in the attached affidavit, are that Judge Hoyt has exhibited such personal animosity and bias toward the Commonwealth's and 8311010358 8310 gDRADOCK05000k!3 eor
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intervenors' counsel and town representatives that a full and fair proceeding is impossible.
This bias has pervaded the entire proceeding, and is exhibited in such conduct by Judge Helen F. Hoyt as:
1) reading aloud from the Commonwealth of Massachusetts' pre-filed, confidential cross-examination plan, thereby alerting the Applicants' witness to the next area of inquiry ano thereafter demanding that counsel for the Commonwealth waive any objection to that disclosure as a condition of continued participation in the proceeding; 2) failing to treat seriously the observations of four town representatives that two Applicant witnesses and one NRC Staff witness had been signalled; failing to conduct a full evidentiary hearing regarding the alleged signalling; determining that the NBC Staff witness, Dr. Urbanik, had not been signalled prior to the receipt of any evidence of that nature from Dr.
Urbanik; and threatening to remove from the hearing room any representative that makes any such allegation again.
3) denying the Commonwealth's and intervenors' counsel and town representatives the right to make a full and complete record of the proceeding by:
a) failing to permit them to speak on the record; b) instructing the stenographer to disregard remarks; and c) refusing them the right to cross-examine witnesses unless a cross-examination plan had been pre-filed; 4) conducting a side bar conference in which attorneys and town representatives were reprimanded for behavior which the record indicates was appropriate in substance and form; 5) expelling the Commonwealth's counsel and a town representative for behavior which the record clearly indicates did not warrant such a sanction; 6) contacting the Town of Rye ex parte and conducting an in-chambers ex parte session of all attorneys but excluding town representatives; and 7) addressing the Commonwealth's counsel and intervenors' counsel and town representatives with ridicule and intemperance.
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i An additional reason for filing this Motion is the Answer filed by the Applicants in response to SAPL's Motion for Disqualification of Judge Hoyt.
That Answer assails the Commonwealth's Assistant Attorney General who participated in the NRC proceedings, and asserts that SAPL may not raise, in the first instance, examples of bias and prejudice against the Commonwealth.
That situation is cured by the filing of this Motion.
For these reasons, Attorney General Francis X. Bellotti requests that Judge Helen F. Hoyt be disqualified and recused.
In addition, the Attorney General moves that the ruling on the Applicants' Twenty-First Motion for Summary Disposition (to the extent it spplied to Contentions NECNP 111.12 and 13) be reconsidered, as the bias evidenced by Judge Hoyt in this proceeding was present and influenced her decision on that Motion.
In any event, Attorney General Bellotti moves that contentions NECNP 111.12 and 13 as redrafted by Judge Hoyt in her ruling on the Applicants' Motion for Summary Disposition be reheard, as a full and fair proceeding was impossible due to the pervasive bias exhibited by Judge Hoyt against the Commonwealth, other intervenors, and town representatives.
l Respectfully submitted, l
FRANCIS X. BELLOTTI ATTORNEY GENERAL I[i b-U b-Dated:
October 28, 1983 gy.
Margaret A.
Zaleski Assistant Attb'rney General Public Protectica Eureau Cne Ashburton Place Boston, MA 02108 (617) 727-4475
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