ML17053C456

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Confirms That Appointment of Hearing Board Re Allegations Against Licensee Would Be Premature.Licensee Will Attempt to Resolve Matters by 810327.Suggests That Expedited Hearing Be Held If Issues Are Not Resolved.Related Correspondence
ML17053C456
Person / Time
Site: Nine Mile Point 
Issue date: 03/13/1981
From: Fitzgerald J
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To: Cotter B
Atomic Safety and Licensing Board Panel
References
NUDOCS 8103230484
Download: ML17053C456 (2)


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IHESPOLXDENQp WASHINGTOk, D., C. 20555 DOCKET NUt,ABER March 13, 1981 4JO,D a uric ~aC 5O a.aa FROM:

James, A. Fitzgerald g Assistant General Counsel NOTE TO:

B. Paul Cotter, Jr.,

Chairman, ASLBP DOCkETED USNRC Z

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SVBJECT:

APPOINTMENT OF HEARING BOARD IN NINE MILE POINT This note is simply to confirm that it would be premature to appoint a board to hear the allegations against Mr. Bartlett (in the Order to Show Cause) and Mr. Perkins'in the Immediately Effective Order).

The licensee (representing itself and Mr.

Bartlett) and Mr. Perkins have agreed with IGE staff that an effort will be made until March 27 to settle the matters at issue and that during this time period no party will pursue administrative or court proceedings.

If the matters are not resolved. by March 27,'e would expect that the Commission would act to authorize the immediate appointment of a hearing board or ALJ to determine whether the action proposed by the show cause order should be implemented and/or whether the immediately effective order should be continued, modified or eliminated.

In view of

~ the fact that Mr. Perkins might still be prohibited from involvement in nuclear matters while the hearing is taking place and until a decision is

issued, we would suggest that an expedited hearing be held.

Cf.

49 V;S.C. 51429(a)

(Revocation of pilot certificate without notice and hearing to be followed by board hearing and decision within 60 days).

cco J. Murray,.ELD V. Stello, I&E

.D.

Thompson, ISE SECY

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