ML20006B772
| ML20006B772 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 01/06/1990 |
| From: | Carr K NRC COMMISSION (OCM) |
| To: | Kostmayer P HOUSE OF REP., INTERIOR & INSULAR AFFAIRS |
| Shared Package | |
| ML20005H003 | List: |
| References | |
| CCS, KOSTMAYE-900106, NUDOCS 9002050340 | |
| Download: ML20006B772 (1) | |
Text
-
u.t 3
-i
. QUESTION 6.
On what basis did the Comission decide to take the unusual. step of. interfering with the nonnal appeal rights j
I of the Seabrook intervenors by removing the Appeal Board from the appellate process after it' reversed the Licensing' Board and by initiating an "1 mediate effectiveness" review? Please provide the Subcomittee with the opinion, L
of the General Counsel or any other similar opinion used by the Comission to guide its decision to review the consistency of LBP-89-32 with ALAB-924 as a matter of
[
"immediate effectiveness" rather than on the merits.
)
ANSWER.
This' question goes directly to the heart of the adjudicatory decision-msking process. and it would therefore be. inappropriate for the Commission to answer under the principles enunciated in'Pillsbury v. FTC, 354 F.2d
]
'l 952 (5th Cir.1966), and related cases.
9002050340 900117 PDR COMMS NRCC CORRESPONDENCE PDC
-~. ~.,--,,.,.,,
. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -