ML19206B338
| ML19206B338 | |
| Person / Time | |
|---|---|
| Site: | Crane, 07801933  |
| Issue date: | 10/24/1978 |
| From: | Eilperin S NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Hart G SENATE |
| Shared Package | |
| ML19206B334 | List: |
| References | |
| NUDOCS 7905090225 | |
| Download: ML19206B338 (1) | |
Text
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[ "CW,'c UNITED STATES
.,e 45 y Q rc NUCLEAR REGULATORY COMMISSION li. Y \\ ',#p/.: E WASHINGTON O. C. 20555 t 4h,/'/!
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October 24, 1978 The Ecnorable Gary Hart, Chairman Subcommittee on Nuclear Regulation Committee on Environment and Public Works United States Senate Washington, D.C.
20510 Re:
KEPFORD V. NRC (D.C. CIR. NO. 78-1933)
Dear Mr. Chairman:
Dr. Chauncey Kepford has again sued the Commission in the D.C.
Circuit, this time for review of ALAB 480, an Appeal Board decision not reviewed by the Commission which estab-lishes the Perkins record as the base case for deciding the radon release issue in 17 pending individual licensing proceedings now before the Appeal Board.
See SECY-A-78-63 Dr. Kepford seeks judicial review of ALAB-480 only insofar as the decision affects the Three Mile Island proceeding.
He argues that the court should reverse ALAE 480 because it permits the continued operation of TMI-2 p~ending final resolution of the radon cuestion, and because it places additional procedural burdens on the intervenors.1 We shall keep you informed of further developments in this litigation.
Sincerely, 7
Stephen.. Eilperin Solicitor cc:
The Honorable James A. McClure 1
Although the petition does not go into detail on the procedural matter, Dr. Kepford in submissions to the Appeal Eoard has objected, anorg other things, to the use of the Perkins record on the ground that the Licensing Board made several evidentiary errors.
tihile Dr. Kepford is free to introduce new evidence in rebuttal, he apparently believes this is an unfair burden.
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