ML20101S867

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Response Opposing Commonwealth of Pa,Tmi Alert & Ucs Motions to Disqualify Judge Smith from Hearing Due to Alleged Bias & Unfairness.Served on 850204
ML20101S867
Person / Time
Site: Crane Constellation icon.png
Issue date: 01/31/1985
From: Lewis M
LEWIS, M.
To: Smith I
Atomic Safety and Licensing Board Panel
References
CON-#185-351 SP, NUDOCS 8502050686
Download: ML20101S867 (2)


Text

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U'i1TED STATES OF A; ERICA NUCEAR REGUIATORY C0F: MISSION 2D s.

BEFORE AIJ IVAN W. SMITH IN SUPPORT OF IVAN 'd SMITH.

C DOCKER NO 50-289 $

U3 D THE MATTER OF FF9 q

( Restart Remand of Managemen,t).

'30 GTROPOLITAN EDISON C0 ET AL (TMI #I)

$$;C)..

hij['.NEUi-INTERVGNOR"S RFSPONSE TO C3MMON'4EALTH CF PA, TMIA, AND UBS M3TIONS TO DISQUALIFY.

$fptres r.r{O : A; FEBRUAIRY L 1995.

.mrvin 1 Lewis 215 289 596+.

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Dear Judge Smith,

I am writing this as a letter as it is easier for ma to write this way.

I am not arguing that you may we11 be biased and prejudiced. I am arguing that you are probabl the best chance that we have to get a fair hearing. The Board Panel has many judges on it with very strong history of bias and unfair treatment of intervenors. I am not arguing that all your actions were proper and unbiased.

In fact,1 really fael that many of your actions were biased and improper. FJ Taoblem is that I really do not see any of your replacements from the AFLB Panel to be any lass biased that you aui they would most probably be much more biased than you have been.

I respectfully request that you fight the petition for recusal on the. grounds that your actions are at least as fair as any other Bord member or panel maamt member and probable much more fair than most other members of the existing panels.

AsixAlso you afppointed AU Mullhollen to a specall Panel in the Hearing. He was a very fair and open AU or Specall " aster. Your appointing a good "pecall l$ ster, who you disagreed with in the final decision, at least shows that you were trying to be fair.

Also allowing me in.as a intervenor at the Board's discretion on a contention that both the Staff and the Licensee agreed to conform to, shows that you were extending yourself to be fair.

There were many instances where I admit you weren't fair. Nonetheless, you are es fair as any judge appointed by the NRC and probably much fairer. Please don't let them kick you out. We will wind up with somebody like Helen Hoyt or Brenner, your former law clerk.

Respectfully submitted,

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L-j M. i. uE a s 6804 BRADFORD TERR.

P9HLA, PA.19149 S

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