ML20010A530

Advises That CA Governor Brown Considers Commission Discussion of Contentions & Subjs Rejected by ASLB to Be Improper & Prejudicial as ASLB Rejection Was Appealed. Discussion Would Violate Administrative Procedure Act

ML20010A530
Person / Time
Site:	Diablo Canyon
Issue date:	08/07/1981
From:	Brown H CALIFORNIA, STATE OF, HILL, CHRISTOPHER & PHILLIPS
To:	Bradford P, Gilinsky V, Palladino N NRC COMMISSION (OCM)
References
ISSUANCES-OL, NUDOCS 8108110514
Download: ML20010A530 (2)

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Honorable Nunzio J. Palladino, Chairman 9 AUG M ' "' O 7;NI> '2

~~j AUG1 b h1h Honorable Victor Gilinsky - 00lb ~

Honorable Peter A. Bradford Honorable John F. Ahearne S!:ty ' ( u, M%%

Honorable Thomas Roberts L. pq 3 W :8 d ,

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U.S. Nuclear Regulatory Commission 4 P y,772,, }Tc/

Washington, D.C. 20555 Re: t Nos. 50-275 OL 1

50-323 OL

Dear Members of the Commission:

, We were informed earlier this week by. Staff counsel that the Commission intends to hold.a meeting on Monday, August 10, i in order to discuss with the Staff " uncontested" TMI-related issues in the Diablo Canyon proceeding. We were further in-formed this morning that such " uncontested" issues will include issues or facts which relate to the contentions and subjects that were raised by parties but were rejected by the Licensing Board. The rejection of these contentions and subjects has been appealed both by the Joint Intervenors and by Governor Brown. Therefore, it necessarily appears that such issues should be deemed by the Commission to be contested.

If the Commission were to discuss any such contentions or subjects, it i the position of Governor Brown that such a dis-cussion would e in violation of the rudimen.:s of procedural regularity a contrary to the mandate of the Administrative Procedure Act for a separation of functions between Commission-l level decisionmakers and the Staff which reports to the Execu

• tive Director. Accordingly, this is to advise you that Governor Brown would consider any discussion by the Commission of such cont.tr.tions or subjects to be both improper and prejudicial.

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/ D 8108110514 PDR ADOCK 810807 9 G 05000275)-PDR

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HLL, D H RISTO PH E R AN D PH ILLI PS, P. C.

Honorable Nunzio J. Palladino Honorable Victor Gilinsky Honorable Peter A. Bradford Honorable John F. Ahearne Honorable Thomas Roberts August 7, 1981 Page 2 b

The Governor requests that the Commission therefore refrain from any such discussions during the pendency of the appellate

, procedures now underway before the Appeal Board and the Com-mission.

Very truly yours,

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A W W.? W m Herbert H. Brown Attorney for Governor Brown cc: Honorable Edmund G. Brown Jr.

Leonard Bickwit, Esq.

Secretary Samuel Chilk Service List 9"