ML19209B097
| ML19209B097 | |
| Person / Time | |
|---|---|
| Site: | Black Fox |
| Issue date: | 09/13/1979 |
| From: | Engelhardt T NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Barlow E SUNBELT ALLIANCE, OKLAHOMA CITY, OK |
| Shared Package | |
| ML19209B098 | List: |
| References | |
| NUDOCS 7910090167 | |
| Download: ML19209B097 (2) | |
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Ms. Elizabeth Dawn Barlow I
Sunbelt Alliance 1534 East Third Street Il Tulsa, Oklahoma 74120
Dear Ms. Barlow:
This is in response to your letter of August 6,1979 to Mr. Sheldon 11olfe, I
the Chairman of the Atomic Safety and Licensing Board presiding in tha Black Fox Huclear Stttion licensing proceeding.
Since the matters you refer to in your letter relate to this proceeding and involve matters either pending before the Licensing Board or which may require a ruling by the Licensing Board, it would be inappropriate for the Chairman or a member of the Licensing Board to respond to your inquiry.
Accordingly, I was requested to provide this response and it is ny pleasure to do so.
l liith regard to your first request for a reopening of limited appearances, that t
matter will be considered by the Licensing Board in connection with any rulings regarding the reopening of the hearing record.
No decision on that matter has been made to date. Ir! hen it is made there will be a public notice issued.
As to your request that the Reed Report be made public, the Licensing Board has ruled that because it contains General Electric Company proprietary in-formation, it may be withheld from general public disclosure.
It has, however, been fully available to all the participants in the Black Fox proceeding, including the Intervenors, and was the subject of two closed sessions of the hearing. The ruling of the Licensing Board with respect to the Reed Report will be subject to review by the Atemic Safety and Licensing Appeal Board and ultimately by the Comission and possibly the Federal courts.
In that regard, the Appeal Board and the Comission, in reviewing the Initial Decision and the underlying hearing record, could remand the proceeding back to the Licensing Board with the direction that the hearings be reopened to consider issues that had not been dealt with adequately.
This has occurred in a numbe'c of proceedings in the past and would be with a public notice to that effect.
With the exception of the two sessions of the hearing referred to above, all sessions of the Black Fox hearing were open to the public.
If the hearing is reopened it may be anticipated that these sessions will also be open to the public.
Since the Applicants in this case have asked the Commission to direct the Licensing Board to graat the Applicant's Motion to reopen the hearing record to consider TMI-1 related issues, the issue of whether the Black Fox proceeding is to ue reopenea is now a nat ter pending bdore the comission. A ce :ision erricoy be expected..i 1..the..ncar fu ture.._ lf_.the hearing._is_to be rcopened t public.__
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i notice will be issued. The matter of reopening the Black Fox proceeding, as well as other currently pending proceedings, had been under consideration by the fiRC Staff and the Commission long before the Public Service Company J-of Oklahoma announced its support of such a reopening. Various public state-Dents of NRC officials following the Three Mile Island accident made it clear that the icssons learned as a result of the accident could result in the reopening of various hearing records.
I trust that the above is responsive to your inquiry.
If not, do not hesitate to correspond with me again.
Sincerely, Thomas F. Engelhardt Deputy Executive Legal Director DISTRIBUTION:
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