ML19331D334

Expresses Disagreement,On Behalf of Seacoast Anti-Pollution League,W/J Hendrie Decision to Participate in 2.206 Petition.Although Petition Is Not Same Proceeding as Cp,From Which Jm Hendrie Was Disqualified,Case Is Factually Related

ML19331D334
Person / Time
Site:	Seabrook
Issue date:	08/25/1980
From:	Backus R O'NEIL, BACKUS & SPIELMAN
To:	Hendrie J NRC COMMISSION (OCM)
References
NUDOCS 8009020036
Download: ML19331D334 (4)

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, O N EILL BACKUS S PIELM AN ATTO R N EYS AT L AW 116 LOW ELL STR E ET TELEPHONE M ANCH ESTER N EW H AM PSHIPE O3:05 603 668 7272 August 25, 1980 Joseph M. Hendrie, Commissioner CD\ \ IDI

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Nuclear Regulatory Commission '

1717 H Street DCC:r o' Washington, DC 20555  % 09 Re:

Participation of Commisioner Hendrie in . . e er AUG 2 7 sgo m ?

SAPL 202.6 Petition "

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Dear Commissioner Hendrie:

g]f'f f This Office has just received your memorandum of Au 0, in which you conclude, based upon a memorandum from the Assistant General Counsel, that "it is consistent with my responsibilities as a Commissioner to participate in decision making on this im-portant matter of Commission business".

On behalf of the petitioning party, the Seacoast Anti-Pollution League, I respectfully disagree with your decision to participate.

I believe that your participation is clearly prohibitL3 by section 5 (d) of the Administrative Procedure Act.

While conceding that the 202.6 Petition filed by SAPL is not the same proceeding as the construction permit, from which you were disqualified, it seems clear to us that it is a " factually related case".

The issue of evacuation of the area around the Seabrook site, be-yond the low population zone, was addressed before the ASLB. The Staff fully participated in this issue in the construction permit proceedings. It is my understanding that you were involved in Staff review of this application and that this has led you to con-sistently disqualify yourself from any adjudicatory function in regard to the Seabrook proceeding.

The evacuation of Seabrook does involve the same facts involved in Staff review of the application, it involves an issue presented to the ASLB, although the ASLAB subsequently decided there was no jurisdiction to consider the issue, and the parties pursuing this issue are the same as they were in the construction permit proceedings.

800902003(, 1)SO'S g .

3,7 LUKE S o N EILL JR HOGE AT A B ACKUS STEPHEN J S PIELM AN ELI ABETH CAZOEN

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47 Jb;cph M. H;ndrio, Commiccioner 62 RD: SAPL 202.6 Patition August 25, 1980 Page 2 1

b it that ive the 202.6 facts, and In light of the foregoing, we respectfully su m proceeding does involve a common nucleus of operatoceeding in w is clearly " factually related" to the pr agreed you are disqualified.

Very truly yours, C

Robert A. Backus

• J RAB/ led CC Service List Attached i

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August 25, 1980 i

i Backus, cartify that I have mailed, postagn 3

I, Robert A.

prepaid, first class or airmail of the within to:

Atomic Safety and Licensing fi Alan S. Rosenthal, Chairman Board Panel Atomic Safety and Licensing U.S. Nuclear Regulatory Appeal Board Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 .

Office of the Attorney General Dr. John H. Buck 208 State House Annex (

Atomic Safety and Licensing Concord, New Hampshire 03301 Appeal Board i U.S. Nuclear Regulatory Commission Karin P. Sheldon, Esquire 1 Washington, D.C'. 20555 Harmon, Roisman & Weiss Sheldon,6 Suite 50 Michael C. Farrar, Esquire 1725 I Street, N.W. 1 Atomic Safety and Licensing Washington,.:D.C. 20006 ,"

Appeal Board U.S. Nuclear Regulatory Commission Dr. Ernest O. Salo Washington, D.C. 20555 Professor of Fisheries Research i Institute  !

Ivan W. Smith, Esquire College of Fisheries i Atomic Safety and Licensing University of Washington Board Panel Seattle, Washington 98195 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Kenneth A. McCollum 1107 West Knapp Street Joseph F. Tubridy, Esquire Stillwater, Oklahoma 74074 4100 Cathedral Avenue, N.W.

Washington, D.C. 20016 Frank Wright, qsq.

Dr. Marvin M. Mann Assistant Attorney General Atomic Safety and Licensing One Ashburton Place Boston, Massachusetts 02108 Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Edwin T. Reis, Esquire Assistant Chief Hearing Counsel Office of the Executive Legal u

Director U", I/C U.S. Nuclear Regulatory Commission o .

Washington, D.C. 20555 d

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fi" n Ahsarno, Chairman U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Peter A. Bradford, Commissioner U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Victor Gilinsky, Commissioner U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Richard T. Kennedy, Commissioner -

U.S. Nuclear Regulatory Commission Washington, D.C,. 20555 Leonard Bickwit, Esquire Office of the General Counsel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Thomas Dignan, Esq.  !

Ropes & Gray 225 Franklin Street Boston, Massachusetts 02110

' Rob 6rt A. Backus O

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