ML19294B920

Responds to Subcommittee on Environ,Energy & Natural Resources Requesting That Commission Be Involved in Decision to Permit Resumption of Facility Const

ML19294B920
Person / Time
Site:	Marble Hill
Issue date:	02/04/1980
From:	Bickwit L NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Moffett T HOUSE OF REP., GOVERNMENT OPERATIONS
Shared Package
ML19294B921	List: ML19294B920 ML19294B924
References
NUDOCS 8003060400
Download: ML19294B920 (1)

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NUCLEAR REGULATORY COMMISSION 6'

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The Honorable Toby Moffett, Chairman p # ecyr @

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Subcommittee on Environment, Energy, es@C and Natural Resources FEB 10 ggG y. Q Co mittee on Government Operations f }-

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Washington, D.C.

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Dear Chairman Moffett:

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I write in response to your letter of December 6, 1979, in which you requested that the Commission involve itself in the decision to permit construction to resume at the Marble Hill Nuclear Generating Station.

As you are aware, construction was suspended at that site by order of the Director of Inspection and Enforce-ment on August 15, 1979, and remains suspended to date.

The Commission now has pend!ng 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

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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 practiE.

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 action to participate in a' decision to restart construction at Marble Hill.

By memo-rardum to the Executive Director 'for Operations dated January 23, 1980, the Commission requested that it be briefed by the staff prior to a lif ting 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, regard to Marble Hill.

Sincerely, G

Q.P M e Leonard Bickwit, Jr.

General Counsel

Attachment:

bl Memo dated 1/23/80 8003060 T

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Congressman Paul K. McCloskey

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' January 23,

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CRETARY '

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G ORANDUM FOR:

Lee V.'Gossick, EDO s

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Samuel J. Chilk, Secretarv// 6

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..... RESUMPTION OF CONSTRUCTIOh AP MAR 3LE. HILL I

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pj The' Co= mission is of the view that it should be involved I

with the decision to allow construction to. resume at Marble f

Hill because that decision may involve policy considerations'.

Accordingly, the staff is requested to brief the Commission

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when the situation is sufficiently improved to allow construction 5

.to resume.

Please. advise SECY of the estinated date at which this can be accomplished.

Attachment:

M.emo fm Ahearne to Commissioners dtd 1/21/80 cc:

Cc:. mis sioners Q&[1A[ $

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Director, OPE D

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Director, I&E a

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