ML20049H575

Urges Remedial Actions Be Taken Re 820221 Ex Parte Communication W/Util in Violation of NRC Regulations

ML20049H575
Person / Time
Site:	South Texas
Issue date:	03/01/1982
From:	Jordan W CITIZENS FOR EQUITABLE UTILITIES, HARMON & WEISS
To:	Roberts T NRC COMMISSION (OCM)
References
NUDOCS 8203030316
Download: ML20049H575 (2)

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$.- L. THoh4As GALLO WAY k March 1, 1982 u~- j i

Commi ssioner Thomas Roberts I Nuclear Regulatory Commission Wash ing to n , D .C . 20023

Subject:

Visit of February 21, 1982, to the South Texas project

Dear Commissioner Rober ts :

I represent Citizens f or Equitable Utilities , an intervenor in the oper ating license proceeding for the South Texas Project.

At approximately 6 :00 p .m. on the evening of Friday, February 19, 1982, your legal assistant called to notify me that you would be visitint, STP on Sund ay , February 21, 19 82, from 12 :00-2 :00 p .m.

As the enclosed Motion to the Licensing Board describes , I indicated that this was very short notice, for which she apologized, and we attempted to have a representative present.

Although Ms. Buchhorn was at the South Texas Project at Noon on Sund ay , the visit did not occur on schedule, so she was unable to be present when it finally did.

The result was an e_x_ parte communication with Houston . Lighting and Power Co., and presumably the NRC Staff, in violation of 10 CFR 2.780. Section 2.780(a) specifically prohibits any Commissioner from initiating any off-the-record contact with any party cencerning substantive matters at issue in an l 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 impossible for your visit or discussions not to have involved substantive matters related to the issues in the licensing proceeding, 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 staf f carry out the remedial actions requested in our Motion.

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II AIOlON & WICISS l

You should be aware that CEU supports the ultimate safe completion of this project. We believe it is necessar y to supply power in South Texas. We have been involved as an adversary only beause of the horrendous problems that this project has had and because the available procedures force us into an adversary role. We have no desire to be obs tr uc tionis t . Ind ?cd , we are attempting to work with HL&P to have our concerns answered, and we are generally pleased with the developments since Brown and Root was fired.

However , we feel very strongly that we must protect our rig ht s in this proceeding, and more impo rt an t, that we and the public must be f ully aware of the activities of HL&P and the NRC , particularly NRC Commissioners , if the South Texas Project is to gain public acceptance.

Ther e f ore , we urge you to undertake these remedial actions not only becar e they are required by law, but bec au se they will be beneficial to the public and to the future of the South Texas Project.

Sincerely,

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William S . Jordan, III WSJ : smq

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