ML20056B212

Memorandum.* Infers That Hypothesis of Ofc of Inspector General Investigation Into Circumstances Re Issuance of 891109 Partial Initial Decision Did Not Authorize Issuance of Ol.W/Certificate of Svc.Served on 900807

ML20056B212
Person / Time
Site:	Seabrook
Issue date:	08/07/1990
From:	Smith I Atomic Safety and Licensing Board Panel
To:
Shared Package
ML20056B213	List: ML20056B212 ML20056B217
References
CON-#390-10703 82-471-02-OL, 82-471-2-OL, LBP-89-32, OL, NUDOCS 9008150210
Download: ML20056B212 (2)

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. UNITED STATES. 0F. AMERICA - 000TTED NUCLEAR REGULATORY COMMISSION USNRC ATOMIC SAFETY.AND LICE! SING BOARD

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Before Administrative Judges:

Ivan W. Smith, Chairman d i, , C Dr. Richard F. Cole /)i.If.h' I N !'t :

Dr. Kenneth A. McCollom- .

, WYED AUG;- 7 ;ggg In the Matter ~of PUBLIC SERVICE COMPANY OF Docket Nos. 50-443-OL NEW HAMPSHIRE, at A1 50-444-OL

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(Seabrook Station, (Offsite~ Emergency.

Units 1 and 2) Planning)

ASLBP No. 82-471-02-OL Augrst 7, 1990 3 MEMORANDUM The Office of- the Inspector General (OIG), Nuclear Regulatory Commission is conducting an investigation into the circumstances attending the issuance of the Partial Initial Decision of November 9, 1989,-LBP-89-32, 30 NRC 375.  ;

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Special Agents of the OIG have interviewed members of the i staff of the Atomic Safety and Licensing Board Panel who handled the Partial Initial Decision after it was rendered on November 9.

I infer that the hypothesis of the investigation is:

.-(1) that LBP-89-32 .as initially rendered on November 9, 1989 did not authorize the issuance of the Seabrook Station operating license; (2) that sometime between the re': Car ug on November 9 and November 13 when the decision v.Ts releezed to the parties and the pablic, it was changed to authurize 9008150210 90oe07 gDR ADOCK 05000443 PDR ,\

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i' the issuance.of the license; (3) and that'the change was corruptly induced'by NRC officers and corruptly made by members'ofEthe' Licensing Board. OIG has not requested interviews of the board members on this matter.

Since it may also be inferred that the investigation was initiated at the behest of allegers seeking to nullify the authorization of the Seabrook license, I believe that it is appropriate for the parties to this proceeding to be informed of any such attempt.

OIG has informed me that it does not object to making the fact of,the investigation public and that OIG will issue a public report in about a month or more.

This is not the first extra-judicial inquiry.into the 2

issuance of LBP-89-32. Attached hereto are respective documents: (1) a memorandum dated January 30, 1990 from B.

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Paul Cotter, Chief Administrative Judge of the Atomic Safety and Licensing Board Panel to David.C. . Williams, Inspector General, (2) a letter dated February 26, 1990 from-M Mr. Williams'to Senator John Glenn, Chairman of the Senate Committee on Government Affairs, enclosing (3) a specimen letter dated February 26, 1990 from Mr. Williams to indicated Senators and Representatives.

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19En W. Smith,' Chairman ADMINISTRATIVE LAW JUDGE 2: ~Bethesda, Maryland August'7, 1990 l

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