ML19242C935
| ML19242C935 | |
| Person / Time | |
|---|---|
| Site: | Black Fox |
| Issue date: | 06/21/1979 |
| From: | Engelhardt T NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Bryant B AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML19242C936 | List: |
| References | |
| NUDOCS 7908140197 | |
| Download: ML19242C935 (2) | |
Text
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i NUCLEAR REGULATORY COMMISSION n E WASHINGTON. D. C. 20555
- J-June 21, 1979 Docket Nos. STN 50-556 STN 50-557 Mr. Bill Bryant 2646 fM Eleventh Street Oklahoma City, Oklanoma 73107
Dear Mr. Bryant:
I am pleased to respond to your letter of June 5,1979, addressed to Chairman Hendrie, in which you requested the release of all portions of the safety hearing transcripts in Black Fox licensing proceeding, including those which deal with the so-called Reed Report. Your letter was re.Terred to me for response because Chairman Hendrie and the Commissioners may have to review the decisions of the Licensing Board and the Appeal Board regarding the Black Fox application. Under the circumstances it was deemed D. appropriate for the Chairman to personally respond to your request.
The NRC hearing devoted to the safety aspects of the Black Fox application extended for approximately five weeks. With one exception, the hearing was open to the public and the press and the transcripts of those proceedings are available to the public in the Tulsa Library.
The one exception involved the sessions of the hearing dealing with the Reed Report. Because the Reed Report contained infonnation which was considered to be proprietary and/or business confidential to the General Electric Company, the Licensing Board agreed to close to the public two sescions of the hearing to deal with this Report.
However, as I am sure you are aware, the participants in the hearing -- those admitted as carties and the Licensing Board -- had full access to the Report.
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Whether the Licensing Board acted properly in accepting the General Electric Company's claim as to the confidentiality of the Reed Report and closing the hearing to the public will be subject to review by the Atomic Safety and Licensing Appeal Board during the course of its review of the record of the hearing.
The matter may ultimately be reviewed by the Commission itself.
In the event the Appeal Board or the Ccmmission were to decide that the Licensing Board was not correct in its handling of the Reed Report, it would be possible for the hearing to be reopened en the issue.
Accordingly, at this stage of the proceeding it would be premature to consider the matter of the availability of the Reed Report to have been definitively decided.
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. Furthermore, there is presently pending before the Comission a Freedom of Information Act request for the Reed Report.
If as a result, the Report is released, this could have an impact on whether to release the transcript of the two sessions of the Black Fox hearing dealing with the Reed Report.
I trust the above discussion will clarify the status of this situa:? n.
Sincerely, Thomas F. Engelhardt Deputy Executive Legal Director e
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