ML20010A524

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Advises of Agreement W/Ca Governor Brown Counsel That Any Commission Discussion of Issues That ASLB Rejected & Are Being Appealed Would Be Improper & Prejudicial.Issues Are Still in Dispute
ML20010A524
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 08/07/1981
From: Fleischaker D
FLEISCHAKER, D.S.
To: Bradford P, Gilinsky V, Palladino N
NRC COMMISSION (OCM)
References
ISSUANCES-OL, NUDOCS 8108110506
Download: ML20010A524 (2)


Text

TELEPHONE ECC. COG.C473 4

e DAVID S. FLEISCHAKER ATTORNEY AT LAW 1735 EYE STREE"T N.W.

WASHINGTON D. C. 20o06 SUITE 709 e

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@ D August 7, 1981

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Honorable Nunzio J. Palladino, O bk 7 fgg7 Chairman h

{Q f;;4.9.U0@y W O!!!:n,,3 8 Lij Honorable Victor Gilinsky N

Honorable Peter A. Bradford g fi 7f !W #

Honorable John F. Ahearne Honorable Thomas Roberts 4 [b 30 Re: Pacific Gas & Electric Company (Diablo Canyon Nuclear Power Plant, ll, s

Units 1 and 2, Docket Nos. 50-275 0.L'.'

50-323 0.L. 4 Dear Members of the Commission *

- fi(Jg 101981k I have received the letter from Governor Brown's counse[- D g rosa relating to the Commission meeting scheduled for Monday, August 10, 1981. Like counsel for the Governor, I was informed earlinr J this week by Staff counsel that the scheduled discussion of "uif- \

contested issues" would not include any matters in dispute in the licensing proceeding. This morning I was advised that, in fact, the Commission intends to discuss with the Staff -- a party in the proceeding -- matters relating to contentions raised by parties but rejected by the Licensing Board. As the Governor's counsel informed you, the Licensing Board's ruling rejecting those contentions has been appealed. The subjects of those rejected contentions are still matters in dispute.-

Accordingly, we argee with counsel for the Governor that any discussion by the Commission of matters which are subjects of the rejected contentions would be .th improper and prejudicial.

Very truly yours, psol al (/ (klS t WM David S. Fleischaker lf DSF:mb cc: Certificate of Service Leonard Bickwit, Esq.

General Counsel 8108110506 810807 PDR ADOCK 05000275 G PDR

T E EF- O N E .7 01.C O E .t 0 7 C a

DAVID S. FLE!SCHAKER ATTORNCY AT LAW 1735 EY E ST R E EW N.W.

WASHINGTON. D. C. 20006

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August 7, 1981 ;j. '

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7 1997A Honorable Nunzio J. Palladino, '

0, . . C Chairman \ j h?ctay 6

s. 'E3 Honorable Victor Gilinsk~v -a  %

Honorable Peter A. Bradford Honorable John F. Ahearne h

Honorable Thomas Roberts Re: Pacific Gas & . Electric Company (Diablo Canyon Nuclear Power Plant, Units 1 and 2, Docket Nos. 50-275 0.L.

50-323 0.L.

Dear Members of the Commission:

I have received the letter f rom Governor Brown's counsel relating to the Commission meeting scheduled for Monday, August 10, 1981. Like counsel for the Governor, I was informed earlier this week by Staff counsel that the scheduled discussion of "un-contested issues" would not include any matters in dispute in the licensing proceeding. This morning I was advised that, in fact, the Commission intends to discuss with the Staff -- a party in the proceeding -- matters relating to contentions raised by parties but rejected by the Licensing Board. As the Governor's counsel informed you, the Licensing Board's ruling rejecting those contentions has been appealed. The subjects of those rejected contentions are still matters in dispute.

Accordingly, we argee with counsel for the Governor that any discussion by the Commission of matters which are subjects of the rejected contentions would be both improper and prejudicial.

Very trury yours, lh M' hL)5*.UkJ)* A David S. Fleischaker DSF:mb cc: Certificate of Service Leonard Bickwit, Er .

General Counsel