ML20003G054
| ML20003G054 | |
| Person / Time | |
|---|---|
| Site: | Marble Hill |
| Issue date: | 03/19/1981 |
| From: | Myers J HOUSE OF REP., APPROPRIATIONS |
| To: | Hendrie J NRC COMMISSION (OCM) |
| Shared Package | |
| ML20003G050 | List: |
| References | |
| NUDOCS 8104280138 | |
| Download: ML20003G054 (1) | |
Text
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20515 March 19, 1981 The Honorable Joseph Hendrie Chairman U.S. NUCLEAR REGULATORY COMMISSION Washington, D.C.
20555 Re:
Resumption of safety-related construction at Marble Hill, Indiana
Dear Chairman Hendrie:
It was recently brought to my attention that certain intervenors in the Commission's consideration of construction re-start at the Marble Hill plant may have attempted to delay the safety-related construction re-start by submitting eleventh-hour comments on the concrete evaluation, even after NRC staff had thoroughly reviewed this issue. However, what is more troubling is the information that Senator Ford of Kentucky has urged the Commission to defer to this intervenor group, thereby exposing Marble Hill to even further unnecessary delays.
As you recall, during the February hearing before the Energy & Water Development Subcommittee, former Chairman Ahearne declined response to a question by invoking "the Pillsbury Doctrine".
Commissioner Ahearne was referring to the case of Pillsburv n FTC, 354 F.2d 952 (5th Cir.
1966), in which a Court ruled that interjection into an adjudicatory proceeding by a Member of Congress " sacrifices the appearance of impartiality" and thus should be prevented.
I certainly hope that Senator Ford's efforts will be disregarded by the Commission as it considers the Marble Hill case with all deliberate speed.
Otherwise, the due process rights of the applicant (which were the real concerns in Pillsbury) might be compromised by the Senator's unfortunate attempt at Congressional intervention.
Best wishes.
- 'incerely, e
John Myers s
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