ML19347B368

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Advises That NRC Does Not Engage in Ex Parte Communications W/Aslb Members.Misunderstanding Based on ASLB 800917 Order But Clarified by ASLB 801003 Order
ML19347B368
Person / Time
Site: Allens Creek File:Houston Lighting and Power Company icon.png
Issue date: 10/09/1980
From: Black R
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To: Wolfe S
Atomic Safety and Licensing Board Panel
References
NUDOCS 8010140518
Download: ML19347B368 (2)


Text

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E WASHINGTON, D. C. 20555 October 9,1980 Sheldon J. Wolfe, Esq., Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Comission Washington, D.C.

20555 In the Matter of Houston Lighting & Power Company (Allens Creek Nuclear Generating Station, Unit 1)

Docket No. 50-466

Dear Mr. Chairman:

J. Morgan Bishop in a letter to you dated October 1,1980, requested that the Board ascertain what grounds the Staff had to make the statement in our September 25, 1980 filing to the Board that "it appears that hearings are scheduled to commence on December 1,1980,...". Mr. Bishop appears to be requesting this information because he believes that the Staff must be privy to ex parte communications from the Board regarding the scheduling of hearings in this proceeding.

i Let me assure you, Mr. Bishop, or any other party to this proceeding, that the NRC Staff does not engage in ex parte communications with any Board member nor do we receive Board decisions before they are made public. The statement l

l alluded to b/ Mr. Bishop was a premature presumption on my part based on the i

Board's Order of September 17, 1980, which indicated that the Board would be available to hear environmental matters comencing on December 1,1980.

Obviously, any implication of impropriety between the Staff and the Board with respect to scheduling matters has been eliminated by the Board's Order dated October 3, 1980, which scheduled the hearing to commence on January 12, 1981.

That Order clearly indicates that my previous statement was grounded on specu-lation and was not based on any communication that I might have had with any Board member, l

I trust that these facts clear up this matter.

Sincerely, i

l fat ab 1

RLchard L. Black Counsel for NRC Staff cc: See Page 2 I

l 8 01014 0 5/V p

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cc: Dr. E. Leonard Cheatum Mr. Gustave A. Linenberger J. Gregory Copeland, Esq.

Jack Newman, Esq.

Carro Hinderstein Susan Plettman, Esq.

David Preister, Esq.

Hon. Jerry Sliva Hon.. John R. Mikeska Mr. John F. Doherty Mr. F. H. Potthoff, III D. Marack Texas Public Interest Research Group, Inc.

Brenda A. McCorkle Mr. Wayne Rentfro Rosemary N. Lemmer Leotis Johnston Atomic Safety and Licensing Appeal Board Atomic Safety and Licensing Board Panel Docketing and Service Section Mr. William J. Schuessler The Honorable Ron Waters Margaret Bishop J. Morgan Bishop Stephen A. Doggett, Esq.

Bryan L. Baker Robin Griffith Elinore P. Cummings Mr. William Perrenod Carolina Conn U.S. Nuclear Regulatory Commission Region IV d

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