ML19332A087

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Responds to on Behalf of Seacoast Anti-Pollution League Opposing Hendrie Participation in NRC Action on 10CFR2.206 Petition.Review Period Expired 800822. Participation in Areas Outside CP Proceeding Will Continue
ML19332A087
Person / Time
Site: Seabrook  NextEra Energy icon.png
Issue date: 09/08/1980
From: Hendrie J
NRC COMMISSION (OCM)
To: Backus R
O'NEIL, BACKUS & SPIELMAN
References
NUDOCS 8009100597
Download: ML19332A087 (1)


Text

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September 8, 1980

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g3 SEP 81980 > d Robert A. Backus, Esq.

0'Neil, Backus & Spielman office of the Samisy Dodeting & Smice 6

116 Lowell Street 6

Manchester, New Ha,mpshire 03105 g

Dear Mr. Backus:

I am responding to your letter of Augus.t 25, 1980 on behalf of the Seacoast Anti-Pollution League (SAPL), in which you express disagreement with my decision to participate in Commission action on the 2.206 petition filed by SAPL.

At the time I received your letter the matter was already moot.

Under 2.206(c) of the Comission's regulations the period for the Comission to take review of the Director's decision had expired on August 22.

Nonetheless, I wish to reiterate that I continue to share the view of the Office of the General Counsel that my participation in the review of the SAPL petition was fully consistent with Section 5(d) of the Administrative Procedure Act.

I have recused myself from all matt'ers pertaining to the Seabrook construction permit proceeding, but this does not necessarily preclude me from participating in other proceedings involving that facility.

I will evaluate each 2.206 petition filed that pertains to Seabrook and make a case-by-case determination whether my participation would be consistent with the provisions of the Admin-istrative Procedure Act.

In cases where I am not legally precluded from participating, consistent with my responsibilities as a Commissioner, I intend to participate.

Sincerely, n

Joseph M. Hendrie s

cc: All parties of record m@

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