ML20005B870

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Requests That Any Commission Vote Re Util Application for License to Load Fuel & Conduct Low Power Tests Be Taken Only During Noticed Public Meeting
ML20005B870
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 09/11/1981
From: Reynolds J
CENTER FOR LAW IN THE PUBLIC INTEREST, JOINT INTERVENORS - DIABLO CANYON
To: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
References
ISSUANCES-OL, NUDOCS 8109160045
Download: ML20005B870 (2)


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t AE F.REEtEY A Q. R. REYNOLDs Mr. Samuel J. Chilk, Secretary

' car sD U.S. Nuclear Regulatory Commissio p>)Q Washington, D.C.

20555 s

Re:

In t%e Matter of Pacific Gas and Electric (Diablo Canyon Nuclear Power Com'

, Units 1 and 2), Nec. 50-275 O.L.,

Plat.

50-323 0.L.

Dear Mr. Chilk:

On behalf of the.Toint Intervenors in the Diablo Canyon licensing proceedi ng, I am writing to confirm certain information which I received by telephone this morning from Mr. Walter McGee of the NRC Secretariat.

He informed me that the l

Commissioners have scheduled two meetings during the nuxt ten days regarding the Diablo Canyon proceeding, the first -- to be held on Friday, September 18, at 3:30 p.m. -.will be closed to the I

public and the second -- to.be held on Monday, will be open to the September 21,'at 2:00 p.m.

public.

He stated further bie understanding that a final vote regarding the Diablo Canyon low power I

license application would not be taken during the closed meeting on September 18, but that such a vote might occur during the open meeting on September 21.

We wish to take this opportunity to request that any vote of the Commissioners pursuant l

to 10 C.F.R. S 2.7 64 (f) regarding PGandE's application for a license to load fuel and conduct low power tests at Diablo Canyon be taken only during a me.eting Suly noticed and open to the public.

This request is ba i on S 181 of the Atomic Energy Act, 42 U.S.C.

2231, which I

explicitly affirms that the

. clear Regulatory Commission is subject to the Administrative h

9 fo 8109160045 010911 PDR ADOCK 05000275 0

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f Mr. Samuel J. Chilk' U'.S. Nuclear Regulatory Commission September 11, 1981 Page 2 Procedure Act requirement that agency meetings be open to public observation."

5 U.S.C.

S 552b(b);

see also 10 C.F.R.

S 2.7 51; Siegel v. United States Atomic Energy Commission, 400 F.2d 778 (D.C. Cir.

1978).

Furthermore, the exceptional significance of the Commission's decision on the Diablo Canyon license application mandates that it be made publicly so that all interested persons can be prcsont when that deciuion is rendered.

I trust that you will brinq this request to the personal attention of the Commissioners.

If the information provided tu me this morning by Mr.

McGee is incorrect, I would appreciate your notifying me of that fact as soon as possible.

Thank you very much.

Sincerely yours, 06 Joel R. Reyno1Js Counsel to Joint Intervenors JRR/sg cc:

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