ML19340D086
| ML19340D086 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 12/09/1980 |
| From: | Bishop C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | Hendrix E AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML19340D083 | List: |
| References | |
| NUDOCS 8012290038 | |
| Download: ML19340D086 (3) | |
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O Ms. Eunice J. Hendrix 1139 Vesper Road
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Ann Arbor, Michigan 48103 l
RE:
CCNSUMERS POWER COMPANY l
(Big Rock Point Nuclear Plant)
(Docket No. 50-155 - Spent Fuel Pcol Expansion)
Dear Ms. Hendrix:
The Chairman of the Atomic Safety and Licensing Appeal Board assigned to the above-styled proceeding has requested me to acknowledge the receipt of your December 3, 1980 letter addressed to Mr. Rosenthal.
Your letter, along with a copy of the attached memorandum dated December 9, 1980, has been placed in the Nuclear Regulatory Commission's Public Document Room.
For your information, I am also enclosing a copy of the Commission's regulations on ex parte communications referenced in that December 9th iiIemorandum.
i I would note, however, that the matters you raise in your letter are not matters which presently are before the Appeal Board.
On September 12, 1980, the Atomic Safety and Licensing Board entered an order in this spent fuel pool capacity expansion proceeding.
In that order, the Licensing 3 card, inter alia, directed (at pp. 18-19) the NRC staff to prepare an environmental impact statement " covering the environmental impacts of an expanded spent fuel pool and the additional term of operation of the facility that such expansion would permit."
The Licensing Board then referred to the Appeal Board, pursuant to 10 CFR 82.730 (f), the rulings underlying that direction.
The Appeal Board accepted the Licensing Board's referral on that same date.
Accordingly, 6012n90 opg
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Ms. Eunice J. Hendrix Dece:nber 9,1980 the only questions before the Appeal Board concern whether the Licensing Board was correct in directing that an en-vironmental impact statement be prepared.
At this time, no questions concerning the contents of any such environ-mental impact statement are presented by the Licensing Board's referral.
Sincerely yours,
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C. Jean Bishop Secretary to the Appeal Board ATTACHMENTS Memo dtd 12/9/80 Comm. Reg. (ex parte communicatT6ns)
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j Chapter I---Nucieer Reguietory Commission
}2J80 Ex PAaTE Co3OCITNICATIoNs the communicator that a written su=-
l:.750 Ex parte communications.
mary of the conversation will be deliv-(a) Except a.s provided in paragraph ered to the NRC public document (e) of this section. neither (1) Commis-room and a copy served by the Secre-stoners, members of their Mediate tary of the Commfuion on the com-staffs. or other NRC officials and em.
municator a=d the parties to the pro-playees who advise the Commissioners ceeding involved. The recipient of the in the exercise of their quasi judicial oral communication thereupon will functions will request or entertain off malce a fair, written summuy of such the record except from each other, nor communication and deliver such sum-(2) any party to a proceeding for the mary to the NRC public document isst.ance, denial, amendment, transfer, room and serve copies thereof upon renewal. modificattom suspensica of the communicator and the parties to revocation of a license or permit. of the proceeding involved.
any officer, employee, representative.
(d) This section does not apply to or any other person directly or indi-communications author::ed by para-rectly acting in behalf thereof, shall graph (e) of this section. to the'dispo-submit off the record to Commtuion-sition of ex parte matters authorized ers or such staff members, officials, by law, or to communications request-and employees, any evidence, explana-ed by the Cc~=ission concerning:
tion it.alysis, or advice, whether wr:t-(1) Its proprietary functions; ten or oral, regarding any substantive (2) General health and safety preb-matter at issue in a proceedmg on the lems and responsibilities of the Com-record then pending before the NRC mission; or for the issuance, denial. amendment.
(3) The status of proceedings.
tansfer, renewal modificatiom sus-(e) In any adjudi:stion for the deter-pensiom or revocation of a license or mination of an application for initial permit. For the purposes of this sec-licens.ng, other than a contested pro-tion, the term " proceeding en the ceeding. ComW"ioners, members of record then pend 1=g before the NRC" their immediate staffs and other NRC officials and employees who advtse the shall include any application or matter Comm.ssioners in the exercise of their which has been noticed for hearing or aussi-judicial functions may consult concernmg which a hearms has been t'he staff, and the staff may communi.
requested pursuant to this part.
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(b) Ccpies of written communica.
cate with Commissioners, members of tions covered by paragraph (a) of this their immediate staffs and other NRC section shall be placed in the NRC officials and employees who advise the public document room and served by Commissioners in the exercise of their the Secretary on the communicator quasi judicial functions.
and the parties to the proceeding in.
(f) The provisions and limitations of volved.
this section applicable to Commission.
(c) A Commissioner, member of his ers, members of their immediate immediate staff, or other NRC offic:al staffa, and other NRC o(ficials and or employee advising the Commission.
employees who adv1.se the Commis-ers in the exert:ise of their quast.judi, sienen in the exercise of their quast-cial functions, to whom is attempted judicial functions are applicable to any oral communication concerning members of the Atomic Safety and Li-any substantive matter at issue id a censing Appeal Board, members of proceeding on the record as described their 4--~ediate staffs, and other NRC in paragraph (a) of this section, will officials and employees who advise decline to listen to such communica.
members of the Appeal Boatti in the tion and will explain that the matter exere:se of their quast-fudicial func-is pending for determination. If unsuc.
tions.
cessful in preventing such communica-
[ 7 FR 377. Jan.13.1982, as amended at 31 tiom the recipient thereof will advise FR 12777. Sept. 30,1968: 34 FR 13381. Aug.
19.1969: 35 FR 195o2. Dec. 23,1970. 37 FR 15137. July 28.197:: to TR 2974. Jan.17, 1975: to FR 8778. Mar. 3.19751 b
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