)tate
THE BATTALION
WEDNESDAY, MAY 20, 1981
Page 7
Nuclear license contested
tyledtn
| If United Press International
^ HOUSTON — Despite a consultant’s assur-
(ces that problems with the South Texas Nuc-
jr Project have been rectified, a citizens’
>rk at tk I ! U P ‘ s charging that quality control is still
said tllly-
for it ’’N u d ear Regulatory Commission s Ato-
hcen \ P' c Safet y an< ^ Lieeuslug Board is holding
n || Vritt!: |jarings on whether it should issue Houston
■ 6 -Tigliting and Power Co. a license to operate
0 nillc “® $2.7 billion plant 10 miles southwest of Bay
J^HhohnN. Amara!, corporate manager of qual-
IUl1 >:ll |t| assurance for the Bechtel Power Corp.,
1 Bed to audit quality control procedures at the
testified Monday that problems spotted
r j l. K' n § a 1980 NRC investigation were basical-
m ™®fi:Enrg a nizational.
HL&P is the managing partner in the pro
ject owned by a group of utilities including
Central Power & Light Co. of Corpus Christi
and the municipal utilities of San Antonio and
Austin.
“As described, the quality assurance prog
ram met with NRC requirements,” Amaral
said. “But as far as (how) the program was
implemented, there were problems. The pre
sent program meets with the regulations.”
But Lanny Sinkin of the San Antonio
Citizens Concerned about Nuclear Power
organization said Bechtel’s recommendations
are aimed at top of the program while the
problem exists at the bottom.
“The lower levels (construction superinten
dents and foremen) are preventing informa
tion from reaching the top,’’ Sinkin said.
“Shuffling personnel around will not solve the
problem.”
Dr. Don Beeth, director of HL&P’s nuclear
information, said the utility has moved to solve
problems at the construction end of the pro
ject.
“We’ve cut down on the distance between
the top management and the bottom level in
spectors,” he said. “Also, we’ve rewritten pro
cedures (to report discrepancies) to make them
more easily understood and interpreted by the
workers.”
In an investigation report released last
month, the NRC said “allegations of quality
control inspector error, intimidation and con
spiracy to obstruct an NRC inspection” were
confirmed.
White's opinion sought
in UT property swap
United Press International
AUSTIN — State Comptroller Bob Bullock
said Tuesday he has requested the attorney gen
eral’s opinion on whether the state is making an
“above board” deal in negotiations to swap Uni
versity of Texas land in West Texas for the
190,000-acre Big Bend ranch.
Bullock, in a letter to Attorney General Mark
White, asked whether the state is authorized to
pay Presidio County for property tax revenue it
would lose in the deal, and whether the Texas
Constitution or the Texas Education Code allows
the UT System Board of Regents to make the land
trade.
Gov. Bill Clements last week announced that
the state would trade the UT property near El
Paso in Hudspeth County for the ranch owned by
oilman and rancher, Robert O. Anderson.
Bullock said a House-approved resolution last
Wednesday has urged him to pay state funds to
Presidio County and public school districts to
make up for the lost property tax revenue.
“Whether we need or want the park is not the
question, but how this transaction is made will
determine whether it was a hasty flim-flam or an
above board land transaction,” Bullock said.
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Ruling will
affect Texas
prisoners
United Press International
HUNTSVILLE — A Supreme
Court decision voiding the death
sentence of a Texas prisoner be
cause psychiatric testimony was
used to condemn him could affect
as many as half of Texas death row
inmates, officials said Tuesday.
Mary Hardesty, a spokes
woman for Texas Attorney Gener
al Mark White, said a review
would be undertaken to deter
mine exactly how many death row
inmates might be affected but she
said 70 or more could be involved.
A Texas Department of Correc
tions spokesman said there were
159 inmates on death row at the
Ellis Unit as of Monday.
“We do not believe there ...
will be that many, but we just
don’t know yet,” she said. “We
don’t anticipate that all those
would necessarily have their sent
ences changed because of today’s
ruling.”
Hardesty said many death sent
ences arising partly from psychiat
ric testimony might not be
affected by the ruling for procedu
ral reasons, for example, the de
fense lawyer’s failure to object at
the proper time.
The court Monday sustained a
decision by the 5th U.S. Circuit
Court of Appeals that overturned
the death sentence given to Ear
nest Benjamin Smith in the 1974
shooting of Dallas grocery clerk
WilliaVn Moon.
The ruling affects Smith’s sent
ence, but not his conviction.
The court held that Smith was
sentenced to death partly because
Dallas psychiatrist James Grigson
interviewed him under court
order to determine competence
for trial and then testified at the
sentencing hearing that he was a
“dangerous sociopath.”
“A criminal defendant, who
neither initiates a psychiatric eva
luation nor attempts to introduce
any psychiatric evidence, may not
be compelled to respond to a
psychiatrist if his statements can
be used against him at a capital
sentencing proceeding,” Chief
Justice Warren Burger said in the
opinion.
The court rejected the state’s
argument that the Fifth Amend
ment protection against self
incrimination does not apply at
the sentencing hearing, after the
suspect has been convicted.
Burger wrote that the Fifth
Amendment protects a defendant
from being “the deluded instru
ment of his own conviction ... pro
tects him as well from being made
the deluded instrument of his own
execution.”
The ruling, in effect, extends
the court’s Miranda doctrine, re
quiring that police warn suspects
of their rights before questioning
them, to include suspects’ answer
ing questions by psychiatrists.
Book bill
approved
by Senate
United Press International
AUSTIN — The Senate Tues
day gave final approval to a bill
that would provide textbooks for
private schools, despite warnings
by its critics that it opens the door
of the state treasury to private and
religious schools.
The bill, sponsored by Sen.
Tati Santiesteban, D-El Paso, was
passed 22-8 and now goes to the
House.
Santiesteban said the bill would
save the state money because it
would allow private schools that
are having financial problems to
remain open. This would prevent
a rush of students to public
schools.
The program would cost $12
million the first year it was im
plemented and $3 million the
second year.
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Call 845-2611