ML20049H570

Requests Remedial Action Be Taken Re 811213 Ex Parte Communication W/Util in Violation of NRC Regulations

ML20049H570
Person / Time
Site:	South Texas
Issue date:	03/01/1982
From:	Jordan W CITIZENS FOR EQUITABLE UTILITIES, HARMON & WEISS
To:	Gilinsky V NRC COMMISSION (OCM)
References
NUDOCS 8203030311
Download: ML20049H570 (2)

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L. THOMAS GALLOWAY March 1, 1982 Commissioner Victor Gilinsky

- Nuclear Regulatory Commission Washington, D.C. 20023

Subject:

Visit of December 1981 to the South Texas Project Dear Commissioner Victor Gilinsky I represent Citizens for Equitable Utilities, an intervenor in the operating license proceeding for the South Texas Project.

I understand from your legal assistant that you visited the project about December 13, 1981, with no notice to CEU or the other intervenor in the operating license proceeding for.that facility.

The result was an ex parte communication with Houston Lighting and Pcwer Co. , and presumably the NRC Staf f , in violation of 10 CFR 2.780. Section 2.780(a) specifically prohibits any Commissioner from initiating any of f-the-record contact with any party concerning substantive matters at issue in an NRC proceeding. It extends the same prohibition to the parties themselves. The remainder of Section 2.780 requires that any unavoidable ex parte communications be placed on the public record.

For the reasons discussed in our Motion, it is essentially imposs ible for your visit or discussions not to have involved substantive matters related to the issues in the licensing pr oceeding , in violation of the ex parte rule. As a result, we have asked the Licensing Board to direct that remedial actions be taken by the parties. We also request that you and your staff carry out the remedial actions requested in our Motion .

You should be aware that CEU supports the ultimate safe completion of this project. We believe it is necessary to supply power in South Texas. We have been involved as an adversary only beause of the horrendous problems that h$0500 l

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this project has had and because the available procedures force us into an adversary role. We have no desire to be obstructionist. Indeed, we are attempting to work with liL& P to have our concerns nswered, and we are generally pleased with the developments since Brown and Root was fired.

However, we feel very strongly that we must protect our rights in this proceeding, and more important, that we and the public must be fully aware of the activities of HL& P and the NRC, particularly NRC Commissioners, if the South Texas Project is to g ain public acceptance .

Therefore, we urge you to undertake these remedial actions not only because they are required by law, but bec ause they will be beneficial to the public and to the f ut ur e o f the South Texas Project.

Sincerely,

<lil' 5 William S. Jordan, III WSJ : smq

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