ML20030E236
| ML20030E236 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 09/15/1981 |
| From: | Fleischaker D FLEISCHAKER, D.S., JOINT INTERVENORS - DIABLO CANYON |
| To: | NRC COMMISSION (OCM) |
| Shared Package | |
| ML20030E230 | List: |
| References | |
| ISSUANCES-OL, NUDOCS 8109180246 | |
| Download: ML20030E236 (2) | |
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NUCLEAR REGULATORY COMMISSION 7g 7pg
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In the Matter of:
)
'50-275 0.L. '
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DOCKET Nos.
PACIFIC GAS & ELECTRIC
)
50-323 0.L.
CC M?ANY
)
(Diablo Canyon Nuclear
)
Low Power Test Proceeding Power Plant, Units 1 & 2)
)
)
)
MOTION FOR COMMISSIONER THOMAS ROBERTS TO DISC 50SE ANY DISCUSSIONS WITH JAMES TOURTELOTTE RELATING TO THE DIABLO CANYON LICENSING PROCEEDINGS Joint Intervenors request Commissioner Thomas Roberts and members of his staff to disclose any discussions that may have occurred with James Tourtelotte, Esq. relating to the Diablo Canyon licensing proceedings.
)
Mr. Tourte2 otte has apparently been assigned to Mr. Roberts to assist his entry as a new Commissioner.~1/ However, for several years Mr. Tourtelotte served as lead counsel for the NRC staff in the Diabl'o Canyon licensing proceedings.~2/ Accordingly, any l
l discussions between Commissioner Roberts or other members of the 1/ In a chance meeting at the Commission offices Mr.
Tourtelotte advised counsel that he had recently been assigned to Commissioner Roberts'. office to assist him in assuming his new responsibilities as Commissioner.
l 2/ As the Commission's own study of its ex parte rule l
recognizes:
[0] rdinarly... agency investigators o'r reviewers in initial licensing cases at the NRC are advocates for a definite staff position at the hearing, as opposed to being uncommitted investi-gators or reviewers.
"A Study of the separation of Functions and Ex Parte Rules in Nuclear Regulatory Commission Adjudication for Domestic Licensing,"
SECY 80-130, NUREG-0670 (March, 1980) at 161.
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Commissioner's staff and Mr. Tourtelotte may raise questions under
.the Commission's ex parte regulations (10 C.F.R. 52.780) and the ex parte provisions of the Ad,ministrative Procedures Act (5 U.S.C.
r S557(d)) regarding Commissioner Roberts' continued participation 3/
in the Diablo Canyon licensing proceedings.
Pending a full disclosure on the record by Commissioner Roberts' and members of his sta,ff of such discussions, if any, and an~oppor-tunity for all parties to de'termine what further actign, if any, should be requested, Joint Intervenors request' Commissioner' Roberts to abstain from voting on any matters in the Diablo Canyon j
licensing proceedings.
Respectfully submitte,d, hYd
.YOC lM DAVID S.
FLEISCHAKER, ESQ.
P.
O.
Box 1178 oklahoma City, Oklahoma 73102 JOEL R.
REYNOLDS, ESQ.
JOHN R.
PHILLIPS, ESQ.'
Center for Law in the Public Interest 10203 Santa Monica Blvd.
Los Angeles, CA 90067 Attorneys for Joint Intevenors SAN LUIS OBISPO MOTHERS FOR PEACE SCENIC SHORELINE PRESERVATION
. CONFERENCE, INC.
ECOLOGY ACTION CLUB SANDRA SILVER GORDON SILVER ELIZABETH APFELBERG and JOHN J.
FORSTER September 11',
1981 3
See e.g.
Camero v.
United States, 375 F.2d 777 (Ct. of Claims, 1967).
Here the court invalida ted an Army Commanders decision to dismiss an employee because the Commander had ex parte discussio..: with the attorney who prosecuted the case.
,.