ML16340A848

Responds to Expressing Opposition to Granting Ol. Decision on Issue Rests on Evidence Introduced Into Record. Ltr Will Not Be Admitted Due to off-the-record 10CFR2.780. Public May Attend 800403 Argument

ML16340A848
Person / Time
Site:	Diablo Canyon
Issue date:	03/06/1980
From:	Bishop C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:	Hopkins T AFFILIATION NOT ASSIGNED
Shared Package
ML16340A849	List: ML16340A848
References
NUDOCS 8003260654
Download: ML16340A848 (6)

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t UNITEDSTATES NUCLEAR REGULATORY COMMISSION ATOMICSAFETY 'AND LICENSING APPEAL PANEL WASHINGTON,O.C. 20555 March 6, 1980

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Ms. Tracey Hopkins N

c/o S.U.N.

MAR 1 0 198OI P. 0. Box 772 Office of the Sscrdgg Ojai, California 93023

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c erancg Re:

Pacific Gas and Electric Company (Diablo Canyon Nuclear Power Plant, Units 1 and 2)

Docket Nos.

50-275 and 50-323

Dear Ms. Hopkins:

Mr. Salzman, the Ch'airman of the Appeal Board assigned to this case, has received your letter of February 28,

1980, and its enclosures.

These express your organization's opposition to Pacific Gas and Electric Company's Diablo Canyon Nuclear Power Plant and ask that it not. be licensed to operate.

The Chairman has instructed me to inform. you that, as a

matter of law, the decision whether to license. the nuclear fa-cility must rest entirely on the evidence introduced into the record at the hearing before the Licensing Board.

Consequently, your letter and the material that accompanied it may not be

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taken into account in making that decision.

Moreover, as you may not be aware, Commission regulations prohibit the Board members from entertaining off-the-record, ex parte communica-tions, like your letter, that deal with matters at issue in a contested proceeding.

See Title 10 of the Code of Federal Regulations, section 2.780, a copy of which is enclosed for your information.

As that regulation requires, a copy of your letter and its accompanying papers will be placed in the Com-mission's public document room and served on the parties to the proceeding.

.Your interest in the proceeding is understandable.

How-

ever, I, am sure that a moment's reflection will lead you to appreciate why off-the-record, ex parte attempts b~ ~an side to influence those who must decide these matters z.s szmpXy not permissible and must be disregarded.

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Ms. Tracey Hopkins For your further information, the Appeal Board announced last month that oral argument of the appeal on the seismic questions would be held in San Luis Obispo, the Board members having to be there on other business at that time in any event.

It will begin at 9:30 a.m.

on April 3rd in Room 302 of the Old County Courthouse.

You, and other members of the public, are Welcome to attend for the purpose of observing'he argument.

Very truly yours, Enclosure C ~ J Bishop Secretary 'to the Appeal Board cc:

All parties Public document room

Chapter 1Nuclear Regufatary Commission gms (g) Extend time for Commission decline to listen to such communica

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'eview on tts own motfon of a Dfrec<<

tor's dental under 10 CFR 2.206(c).

(Sec. 102, 83 Stat. 853; 42 UD.C. 4332)

(39 FR 24219, July 1, 1974. as amended at 43 FR 22346. May 25. 1978)

EX PhRTE COMMUNIchTIONS g 2.780 Ex parte communfcaUon'L

'i (a) Except as provided in paragraph (e) of this section, neither (I) Commfs-

sfoners, members of their immediate staffs, or other NRC offfcfals and em-ployees who advise the Commfssfoners fn the exercfse of their quasi-judicial functions will request or entertatn off the record except from each other, nor (2) any party to a proceeding for the issuance, denial, amendment,

transfer, renewal, modfffcatton, suspension, or revocation of a license or permit, or any offfcer. employee, representatfve, or any other person directly or fndf-rectly acting fn behalf thereof, shall submit off the record to Commhsion-ers or such staff members, officials, and employees. any evidence, explana-tion, analysts, or advice, whether writ.

ten or o'ral, regarding any substantive matter at issue fn a proceeding on the record then pending before the NRC for the issuance, denial. amendment

transfer, renewal, modification.

sus'-

pension, or revocation of a license or permit. For the yurposes of this sec-tion. the term "proceeding on the record then pending before the NRC" shaD include any appftcatfon or matter which has been noticed for hearing or concerning which a hearing has been requested pursuant to this part.

(b)

Copies of written communica-tions covered by yaragraph (a) of this section shaO be placed fn the NRC public document room and served by the Secretary on the communfcator and the parties to the proceeding in-volved.

(c) A Commfssioner. member of hfs immediate staff, or other NRC official or employee advising the Commtssion-ers in the exerctse of their quasi-judi-cial functions. to whom fs attempted any oral communfcatfon concerning any substantive matter at fssue in a proceeding on the record as described in paragraph (a) of this section, wfD 8

tfon and wfII explain that the matter fs pending for determination. Ifunsuc-cessful in'reventing such. communica-tion, the recipfent thereof wQ1 advise the communicator that a written sum-mary of the conversation wQ1 be deHv-ered to the NRC public document room and a copy served by the Secre-tary of the Commission on the com-munfcator and the parties to the pro-ceeding involved. The recipient of the oral conununfcat ton thereupon wQ1 mal-e a fair, written sununary of such communfcatfon and deliver such sum-mary to the NRC public document room and serve copies thereof upon the communfcator and the partfes to the proceeding involved.

(d) Thfs section does not apply to communications authorized by para-graph (e) of this section, to the dispo-sition of ex parte matters authorized by law. or to communfcatfons request ed by the Commission concerning.

(I) Its proprietary functfons:

(2) General health and safety prob-.

lems and responsibQftfes of the Com-mission; or (3) The status of proceedings.

(e) In any adjudication for the deter-mination of an application for fnftfal licensing, other than a contested pro-

ceeding, Commtssfoners, members of their immediate staffs and other.NRC officials and employees who advise the Commissioners in the exercise of their quasi-judfcfal functfon9 may consult the sta.'f, and the staff may communf-cate with Commissioners, members of their inunedfate staffs and other NRC officfals and employees who advise the Commfssfoners in the exercise of their quasi-judfcfal functions..

(f) The provisions and limitations of this sectton applicable to Commission-

ers, members of their imrnedfate

staffs, and other NRC officials and employees who advise the Commis-sioners in the exercise of their quasi-judicial functions are applicable to members of the Atomic Safety and Li-censing Appeal

Board, members of their immediate staffs, and other NRC officials and employees who advise members of the Appeal Board in the exercise-of their quasi-judicial func.

ttons.

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