ML19294B911

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Responds to Supporting Subcommittee on Environ, Energy & Natural Resources Recommendation Re Commission Involvement in Decision to Permit Restart of Facility Const. Commission Requested Related Briefing by Encl 800123 Memo
ML19294B911
Person / Time
Site: Marble Hill
Issue date: 02/04/1980
From: Bickwit L
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To: Hamilton L
HOUSE OF REP.
Shared Package
ML19294B912 List:
References
NUDOCS 8003060374
Download: ML19294B911 (1)


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The' Honorable Lee H. Hamilton E

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.r-In your letter of December ~ 20, 1979 you expressed your support of j

the recommendation of Chairman Moffett of the Subcommittee on

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-Environment, Energy and Natural Resources, Committee on Government i

Operations, that the Commission involve itself in the decision to permit construction'to resume at the Marble Hill Nuclear Generating i

Station.

As you are aware, construction was suspended at that site 2

by order of the Director'of Inspection and Enforcement on August 15,

~1979, and remains suspended to date.

The Commission now has pending before it a request for a hearing on the Director's order, and is considering this request in its adjudicatory capacity.

Since your letter was received after the request for hearing was filed before the Commission and dealt with matters relevant to the hearing request, it must be regarded as an ex parte communication under the Commission's rules of practiH.

See 10 CFR 2.780.

For this reason, the Commission is not responding directly to your letter at this time.

The Commission has, however, already taken a'ction to participate in a decision to restart construction at Marble Hill.

By memo-randum to the Executive Director for Operations dated January 23, 1980, the Commission requested that it be briefed by the staff prdor to a lifting of the suspension order.

I have attached a copy of this memorandum for your information.

We will inform your staff of the Commission's disposition on the request for hearing and of any further major developments in regagd to Marble Hill.

Sincerely, r

Leonard'Bickwit, Jr.

General Counsel h

Attachment:

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.8003060 Memo dated 1/23/80 D

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