ML20033F902
| ML20033F902 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 03/13/1990 |
| From: | Carr K NRC COMMISSION (OCM) |
| To: | Udall M HOUSE OF REP., INTERIOR & INSULAR AFFAIRS |
| References | |
| CON-#190-10070 OL, NUDOCS 9004040057 | |
| Download: ML20033F902 (2) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSIO$hfiC0 e
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March 13,19E W 14 Ap34 CHAtRMAN
$U E OF SEcitrTAgv 00 CME ryc A syg vRANCH i
The Honorable Morris K. Udall, Chairman Comi_ttee on Interior and Insular Affairs United States House of Representatives Washington, D.C.
20515 SER E g 1 4 meu
Dear Mr. Chairman:
s As.you are aware, the Subcomittee on General Oversight-and Investigations has scheduled a hearing. for March 14,1990; concerning " general Nuclear-Regulatory Commission licensing' procedures and Seabrook Nuclear Plant."
In my conversation with you, I expressed my concern with the timing of the hearing in view of various matters pending before both us and the United.
l States Court of Appeals.
Notwithstanding these concerns, I understand that the Subcommittee intends to proceed with its1 hearing on that date.
On March 7, 1990, Mr. Kostmayer wrote me to underscore his reason for-holding the hearing on that date.
He stated that:-
"I believe that there are critical safety issues regarding the emergency evacuation plans at Seabrook which must-be addressed before operation of the plant-begins. - As you are aware,- plant operation could start as early as March 15, 1990. Therefc.e.the hearing date.is in-l accordance with your own sc,hedule which you outlined upon issuing a full power license for Seabrook-on March 1, 1990, and I must_ respectfully' insist that you attend the hearing."
Emergency planning is at the heart of the. contested-adjudicatory' issues in the licensing proceedings on the Seabrook plant. On March 1, 1990, the Comission rendered two decisions related to those proceedings. One decision addressed the admissibility of certain testimony in: the pro-ceeding; the other concerned the' Commission's preliminary determination pursuant to its "immediate effectiveness" review that licensing of the plant could proceed in accordance with the Atomic Safety and. Licensing-Board's authorization of a full powerlicense. Although these-decisions -
permit the Nuclear Regulatory Consnission staff-to proceed with issuance of a license, contested matters concerning emergency planning and other issues for the Seabrook plant are still before the Comission for final decision l
on the merits.
l In view of Mr. Kostmayer's stated purpose for the Subcomittee's hearing. I believe it is incumbent upon me to infom you in advance of the hearing of the limits to which the Commission intends to adhere in responding to-questions regarding such matters.
In order to preserve _the integrity of the adjudicatory process, the Consnission believes it -is not appropriate to respond to questions concerning the substance of its adjudicatory decisions
.on Seabrook.
Moreover, since all facets of emergency. planning for Seabrook f
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The Honorable Morris K. Udall are contested, and these contested emergency planning issues include some very fundamental questions about the role of emergency planning that' have -
broad application, the only ' course that will ensure protection of-the-parties' due process rights it for us to decline to respond to emergency planning questions as well. Our position is premised on the doctrine against congressional interference in an agency's' judicial function _ set forth in Pillsbury v. FTC, 350 AN 952 (5th Cir.1966), and reflected in the House Ethics ManualT1987 ed., at page-169). -In the words of the ~
Pillsbury court.
"However,'when such an inrestigation' focuses'directly and substantially upon the mental decisional processes of a Commission in a case which is pendino before it. Congress is no longer _ intervening.in the agency's leaislative function, but rather, in its judicial function. At this latter point, we become concerned with the right of private litigants -to a fair: trial. and, equally important,.with their right to the appearance of impartiality, which cannot be maintained ~unless those who exercise the judicial functions are free.from powerful external influences....
"To subject an administrator to a searching examination as to how and why he reached his decision in a case still pending before him, and to criticize him for reaching: the " wrong" decision, as the Senate subcommittee did in this case, sacrifices the appearance of impartiality--the sine oua non-s of American judicial justice....."
354 F.2d at 964 (emphasis in original).
We believe these considerations apply with equal force here, and we-believe i
- we.must adhere to the position'we have outlined to avoid interference with' the Commission's judicial functions and to avoid prejudice to any party.
l To the extent we can, the Commission would be willingLsubsequent to the hearing to supply answers.for the record regarding generic emergency planning matters, as we ~did in our January 17, 1990 response to-Mr. Kostmayer's earlier questions.
Consnissioner Roberts was unavailable to participate in this response.
1
-Sincerely, Kenneth M..Carr cc: Rep. Peter H. Kostmayer Rep. Don Young Rep. Edward J. Markey Rep. Barbara Yucanovich Rep. Sam Gejdenson
_ Rep. John _J. Rhodes, III Rep. Mel Levine
. Rep. John J. Duncan, Jr.
Rep.-Wayne ~0 wens Rep. Eni F. H.. Faleomavaega
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y UNITED STATES OF AMERICA NUCLEAR REBULATORY COMMISS!DN l
In the Matter of.
l
.l-PUBLIC SERVICE COMPANY OF NEW 1-Docket No.(s) 50-443/444-OL HAMPSHIRE ET AL.
l (Seabrook-Station, Units i and 2)
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CERTIFICATE OF. SERVICE I hereby certify that copies of the foregoing CARR LTR TO UDALL DTD 3/13/90 have been served upon the following persons by U.S. asil, first class,.except as otherwise noted and in accordance with the requirements of 10 CFR.Sec.'2.712.
Administrative Judge Administrative Judge
- 6. Paul Bollwerk, !!!
Thomas-6. Moore, Chairman i
Atomic' Safety and Licensing Appeal Atcaic Safety and-Licensing Appeal Board Board a
U.S. Nuclear Regulatory Consission:
U.S. Nuclear Regulatory Consission Washington, DC 20555 Washington, DC 20555 Administrative Judge Howard A. Wilber Administrative ~ Law Judge Atomic Safety and Licensing Appeal Ivan W. Smith, Chairman Board Atomic Safety andsLicensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Administrative Judge Administrative Judge Richard F. Cole Kenneth'A. McCollen Atomic Safety and Licensing Board Atomic' Safety and Licensing Board U.S.. Nuclear Regulatory Commission U.S._ Nuclear Regulatory Commission Washington, DC 20555 Washington,.DC 20555 4
Administrative Judge Robert R. Pierce, Esquire James H. Carpenter.
Atomic Safety and Licensing Board Alternate-Technical Member U.S. Nuclear Regulatory Commission.
Atomic Safety and Licensing Board Washington, DC 20555 U.S. Nuclear: Regulatory Commission.
Washington, DC 20555 l
Edwin J. Reis, Esq.
Mitzi A. Young-Office of the. General Counsel Attorney U.S. Nuclear Regulatory Commission Office of'the General Counsel
-Washington, DC -20555 U.S. Nuclear Regulatory Consission Washington, DC 20555
Lu.o Docket No.(s)S0-443/444-OL CARR-LTR TO UDALL DTD-3/13/90 l
Diane Curran, Esq.
Thomas 6. Dignan,.Jr., Esq.
Harmon, Curran & Tousley Ropes'& Bray 2001 S Street, N.W., Suite 430 One International Place Washington, DC 20009 Boston, MA 02110 l
Robert A. Backus, Esc.
Paul McEachern,.Esq.
Backus, Meyer & Soloacn Shaines k McEachern.
116 Lowell Street 25 Maplewood Avenue, P.0, Box 360 Manchester, NH 03106 Portsmouth, NH 03801 Gary W. Holmes, Esc.
Judith H. Mizner Holmes & Ells Counsel for Newburyport 47 Winnacunnet Road 79' State Street Hampton, NH 03842 Newburyport, MA 01950 Suzanne P. Egan Jane Doherty City Solicitor Seacoast Anti-Pollution League Lagoulis, Hill-Wilton and Rotondt 5 Market Street:
79 State Street Portsmouth, NH.03801' Newburyport, MA 01950 George Iverson, Director l
Ashed N. Amirian, Esq.
N. H. Office of Emergency Management 145 South Main Street, P.O. Box 38 State House Office Park South Bradford, MA 01930 107 Pleasant Streett Concord,, NH- 03301 Decrge W. Watson, Esq..
Jack Dolan Federal Emergency Management Agency Federal Emergency Management-Agency-500 C Street, S.W.
442'J.W. McCoranck (POCHL Washington, DC 20472 Boston, MA 02109 George'D. Bisbee, Esq.
Suzanne Breiseth Assistant Attorney General Board of Selectmen Office of the Attorney General Town of Hampton Falls 25 Capitol Street Drinkwater Road Concord, llH 03301 Hampton Falls, NH 03844
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P Docket No.(s)50-443/444-OL;
'CARR LTR TO UDALL DTD~3/13/90 l
John.
Traficante, Esc.
Peter J. Brann, Esc.
-t Office of the Attorney General Office of the Attorney General.
j Chief', Nuclear Safety Unit Assistant Attorney General One Ashburton Place, 19th Floor State House Station, #6 Boston,'MA 02108 Augusta, ME 04333 4
Allen Lampert William Armstrong Civil Defense Director Civil Defense Director Town of Brentwood Town of Exeter s
20 Franklin Street 10 Front Street
.Exeter, NH 03B33 Exeter, NH 03B33 Anne Goodman, Chairman Board of Selectmen Michael Santosuosso. Chairman 13-15 Newmarket Road Board of Selectmen Durham, NH 03B24 South Hampton, NH 03827-R. Scott Hill-Whilton, Esquire Stanley W. Knowles, Chairman Lagoulis, Hill-Whilton b McGuire Board of Selectmen 79 State Street P.O. Box 710 Newburyport,, MA 01950 North-Hampton, NH 03862-Norman C. Katner Sandra F.1Mitchell Superintendent of Schools Civil Defense Director School Administrative Unit No. 21 Town of Kensington Atuani Drive Box 10. RRl-Hampton, NH 03042 East Kingston, NH 03827
.The Honorable Bordon J. Humphrey ATTN Janet Colt United Statos Senate Washington, DC 20510-Dated at'Rockville, Md. this 14 day of March 1990
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L Office o the Secretary of the Commission L
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