ML19206B343
| ML19206B343 | |
| Person / Time | |
|---|---|
| Site: | Crane, 07801933  |
| Issue date: | 10/24/1978 |
| From: | Eilperin S NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Dingell J SENATE |
| Shared Package | |
| ML19206B334 | List: |
| References | |
| NUDOCS 7905090230 | |
| Download: ML19206B343 (1) | |
Text
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/pn naug'o UNITED STATES
.E 'K, gi' n NUCLEAJ REGULATORY COMMISSION
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Cctober 24, 197c The Honorable John D.
Dingell, Chairman Subcommittee on Energy and Power Cccmittee on Interstate and Foreign Commerce United States House of Representatives Washington, D.C.
20515 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-11shes 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 ALA3-480 only insofar as the decision affects the Three Eile Island proceeding.
He argues that the ;ourt should reverse ALAB 480 because it permits the continued operation cf TMI-2 pending final resolution of the radon cuestion, and because it places additional procedural burdens on the intervenors.1 We t all keep you informed of further developments in this litigation.
Sincerely, As Stephen F.
211per n Solicitor cc:
The Honorable Clarence J. Brown 1
Although the petition does not go into detail on the procedural matter, Dr. Kepford in submissions to. the Appeal Board has obj ected, among other things, to the use of the Perkins record on the ground that the Licensing Ecard made several evidentiary errors.
While Dr. Kepford is free to introduce new evidence in rebuttal, he apparently believes this is an unfair burden.
1 7A 2 *3 23 0 cn 7 9 0 5 0 900E201
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