ML19330B555
| ML19330B555 | |
| Person / Time | |
|---|---|
| Site: | 07002909 |
| Issue date: | 07/18/1980 |
| From: | Myers I ALABAMA, STATE OF |
| To: | Wolf J Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8008050022 | |
| Download: ML19330B555 (5) | |
Text
State of Alabara Department of Public Health State Office Building l
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t Montgomery, Alabama m es I R A L. M Y E RS, M. D.
ST ATE HE ALTH OF FICER D002M3
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Ustmo July 18, 1980 9;
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Mr. John F. Wolf, Chairman 4
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3409 Shepherd Street Chevy Chase, Maryland '20015 Re: Docket No. 70-2909
Dear Mr. Wolf:
Enclosed is a copy of the Alabama Attorney General's opinion relating to my representation in this matter.
At this time I designate, in my absence, Mr. Aubrey V. Godwin or Mr. William T. Willis as my representative in this matter.
Sincerely, Ira I.. Myers,
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State Health Officer ILM:ka Enclosure i
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'T11E ATTORNEY CxENERAL STATE OF AIABN. MONTGOMERY. ALABAMA 3610 February 26, 1975 N
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WILLIAM J. BAXLEY
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GEORGE L. BECK DEPUTY ATTORNEY GENERAL E. RAY ACTON g
EaEcuTivE assistant Q) 3 WALTER S. TURNER CNitr AssesTANT ATTORNEY GENERAL Oy LUCY M. RICHARDS CONFIDENTIAL assistant JACK D. SHOWS CNIEF INV E STIG AT0 =
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State Health Officer sune w ot at,uwolv.iiON L
State of Alabama Room 380, State Office Building Montgomery, Alabama 36104
Dear Dr. Myers:
This is in response to your request for an opinion dated February 10, 1975, in which you asked:
Whether the State Health Officer is authorized by the laws of the State of Alabama to represent, either pro se or by a representative, the Board of Health and the Radiation Control Agency of the State of Alabama before administrative boards, commissions and committees of other branches of government whether local, state or federal?
In my opinion, the answer to this question is in the affirmative.
In Title 22, Section 1, Code,of_ Alabama, 1940 (1958 recomp.), the State Board of Health is constituted.
In Section 6, the Board of Health is vested with the " sole control of public health".
Title 22, Section 2(3), of the Code creates the office of State Health Officer and Section 3 clothes the Health Officer with all of the powers of the Board of Health.
When neither the said committee (Committee of Public Health) nor the board (Board of Health) are in session, the State Health Officer as the executive officer of the department of health, shall act for said board and said committee....
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- Dr. Ird L. Myers-February'26, 1975 Page 2 Title 22, Section 9 of the Code fixes a statutory duty on the State Health Officer,to:
keep himself informed in regard to all diseases which may be in danger of invading the state, and, as far as authorized by law, take prompt measures to prevent such invasions; keep the Governor informed as to the health conditions prevailing in the state....
From a reading of these statutes, there being no court made authority, it is clearly not only the authorized act of the Health Officer to represent the Board of Health in all matters over which the Board of Health has jurisdiction, but the legislatively mandated duty.
As to whether the State Health Officer represents the Radiation Control Agency, I cite Title 22, Chapter 13, Code of Alabama.
In Section 295, the legislature acknowledges the responsibility of the state to protect the public health and safety and consonant with this responsibility, the legis-lature constituted the Radiation Control Agency with a mandate:
to institute and maintain a regulatory program for sources of ionizing radiation...and to institute and maintain a program to permit development and utilization of sources of ionizing radiation for peaceful' purposes consistent with the health and safety of the public.
In Section 298 the State Board of Health is designated as the Radiation Control Agency with authority to
... advise, consult.and cooperate with other agencies of the state, the federal government, other states and inter-state agencies... concerned with the control of sources of ionizing radiation.
Section 298 also provides that the State Health Officer:
i shall be the director of the Agency...who shall perform
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the functions vested in the Agency pursuant to the pro-visions of this chapter. -
If the State Health Officer is the " director" of the agency, he must neces-sarily " represent"'the agency before other boards, commissions and committees, l
of other governmental entities.
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,7 Dr.. Ira L. Myers'
-February-26, 1975 Page,3 Reading the statutes which empower the Health Officer to act for the Board of.
Health and to act for the Radiation. Control Agency in para materia, it follows that the' State Health Officer is authorized and directed by the legislature to
" represent" both bodies in'his official capacity.
" Represent" is used in its generic sense and contemplates making official appearances and the like, but does'not imply authority to act in a court of law as an attorney for the State of Alabama in general but merely to appear for these two' agencies specifically, it'being generally understood that only'the Attorney General can " represent" the State as a whole.-
There may arise' instances when several different state sgencies'are appearing before a board, commission or committee, each of which may have' separate goals.
In this instance, it would be difficult for the Attorney General to " represent" any one of these agencies.
In.this sense, the State Health Officer is the only i
authorized representative of the Board and of the Radiation Control Agency.
I trust that this opinian has sufficiently answered your question.
Should you desire additional opinions, I shall be happy to oblige..
Sincerely, WILLIAM. BAXLEY Attorne General By-1
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UNITED STATES OF AMERICA G
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NUCLEAR REGULATORY COMMISSION p
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD N
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APPLICATION OF WESTINGHOUSE ELECTRIC
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CORPORATION FOR A SPECIAL NUCLEAR
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Branth MATERIAL LICENSE FOR THE ALABAMA
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b NUCLEAR FUEL FABRICATION PLANT (ANFFP)
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4 l cp TO BE LOCATED NEAR PRATTVILLE, ALABAMA
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CERTIFICATE OF SERVICE I hereby certify that copies of Dr. Ira L. Myers' letter dated July 18, 1980, with enclosure has been served on the following by deposit in the United States Mail, first class, this the 23 day of July, 1980:
John F. Wolf, Esq., Chairman Donald R. Marcucci, Esq.
Atomic Safety and Licensing Board Law Department 3409 Shepherd Street Westinghouse Electric Corp.
Chevy Chase, MD 20015 P. O. Box 355 Pittsburgh, PA 15230 Dr. Harry tForeman, Member Atomic Safety and Licensing Board Julian L. McPhillips, Jr., Esq.
Box 395, Mayo P. O. Box 64 University of Minnesota 516 South Perry Street Minneapolis, MN 55455 Montgomery, AL 36101 Dr. Martin J. Steindler, Member David L. Allred, Esq.
Atomic Safety and Licensing Board 231 Oak Forest Drive Argonne National Laboratory Montgomery, AL 36109 9700 South Cass Avenue Argonne, IL 60439 Sherwin Turk Legal Staff Barton Z. Cowan, Esq.
U.S. Nuclear Regulatory Comm.
Eckert, Seamans, Cherin & Mellot Washington, D.C.
20555 Forty-Second Floor 600 Grant Street Pittsburgh, PA 15219 Atomic Safety and Licensing Board Docketing and Service Section (7)
Panel Office of the Secretary U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Comm.
Washington, D.C.
20555 Washington, D.C.
20555 l
Atomic Safety and Licensing Appeal L
Panel (5)
L U.S. Nuclear Regulatory Commission Washington, D.C.
20555 i
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Aubrey V. Godwin, Director Division of Radiological Health