ML20062A506

Requests Determination Whether ASLBP or NRC Can Make Statements Re NRC 780905 Order

ML20062A506
Person / Time
Site:	Harris
Issue date:	09/28/1978
From:	Abston O NRC OFFICE OF INSPECTOR & AUDITOR (OIA)
To:	Kelley J NRC OFFICE OF THE GENERAL COUNSEL (OGC)
Shared Package
ML20062A503	List: ML20062A496 ML20062A506 ML20062A532
References
NUDOCS 7810140091
Download: ML20062A506 (1)

Text

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• dobg SEP 2 81978 j. dl James L. Kelley, Acting General Counsel

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MEMORANDlN FOR:

Office of the General Counsel cu '

g FRG4: 0. Gene Abston, Acting Director Office of Inspector and Auditor S! M -

SUBJECT:

INQUIRY INTO STAFF TESTIMONY AT THE SHEARON HARRIS CONSTRUCTION PERMIT HEARING During our conduct of the subject inquiry in response to the Comissioa's September 5,1978, order (Attachment), we contacted a member of the Atomic Safety and *.icensing Board Panel, Dr. J. Venn Leeds, to set up an interview appointment. . Dr. Leeds declined to speak to us because in his O view there was a possible ex parte problem.

The purpose of our interview of Dr. Leeds and all other involved members of the Atomic Safety and Licensing Board Panel and Atomic Safety and Licensing Appeal Panel will be to elicit all relevant infomation from these individuals pertaining to the basis for and seriousness of the alleged omission of concerns of the line inspector from the testimony given at the Shearon Harris hearing. We do not plan to touch upon the issue to be raised on remand, i.e., the management capabilities nf .

Camlina Power and Light Company to construct and operate the proposed Shearon Harris facility. .

Accordingly, we request your detemination as to whether the ex parte

rule precludes Panel members, the NRC staff, or other parties to this matter from speaking to us. Our opinion is that these contacts would be p, pemitted since, by the Comission's order, the report of our inquiry v will become part of the public record in this matter. The obvious effect of precluding these contacts would be the frustration of 01A's ability to conduct a complete inquiry in compliance with the Comission's order. ,

Attachment:

As stated CONTACT: D. Gamble. OIA 49-27170 W. Foster OIA 49-27051 i

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