ML20043G752
| ML20043G752 | |
| Person / Time | |
|---|---|
| Issue date: | 06/08/1990 |
| From: | Carr K NRC COMMISSION (OCM) |
| To: | Bryan R SENATE |
| Shared Package | |
| ML20043G753 | List: |
| References | |
| CCS, NUDOCS 9006210092 | |
| Download: ML20043G752 (1) | |
Text
._
Nd s'
. ps ms:
'o, UNITED STATES
{
i NUCLEAR REGULATORY COMMISSION t
wAsmoTow. o. c. rones k
,/
June 8,1990 CHAIRMAN The Honorable Richard H. Bryan United States Senate Washington, D. C.
20510
Dear Senator Bryan:
Your letter of say 8,1990, requests the views of the Comission concerning the extent to which activities of various entities within the Nevada University system under contract to the Department of Energy might impact upon the admissibility of the State of Nevada's data, collected and analyzed by the State's University contractors, in a Nuclear Regulatory Comission (NRC) licensing proceeding.
Although we are unable at this time to provide a definitive response, we are pleased to coment on the issue you raised to the extent of our ability.
The specific focus of your question is the admissibility of evidence submitted by the State of Nevada. The Administrative Procedure Act (5 U.S.C. 556(d)) and the Comission's Rules of Practice for Domestic Licensing Proceedings (10 CFR Part 2) allow broad flexibility in admitting evidence in a Commission proceeding.
10 CFR 62.743 provides that "Only relevant, material, and reliable evidence which is not unduly repetitious i
will be admitted."
Thus, if the evidence is pertinent to the proceeding I
and the expert testimony is provided by a qualified witness in compliance with_ the procedural regulations of the Comission, there is nothing in the facts you have outlined which would preclude evidence submitted by the L
State of Nevada from being admitted to the proceeding.
The more difficult issue which might be involved is that of the weight, or reliance, to be accorded this testimony.
The determination of this issue would depend on the complex and specific facts of the situation presented in the licensing proceeding. Of course, this is impossible to predict accurately today.
Finally, you may wish to ask the Department of Energy whether the situation which you have described presents any conflict with the Department of Energy's contract regulations or with the specific terms of the Cooperative j
Agreement (s) with the University of Nevada.
If I can be of further assistance to you in this matter, please contact me.
Sincerely,
,w*sg. gs600 1
i sM..,
ceso a
q xenneth x. Car, p\\\\
'