ML20062D896

Ack Receipt of 781026 Request for Info Re NRC Position on Recirculating Sections of Environ Impact Statement of Facil Re Alternative Sites.Indicates Litigative Risk in Not Recirculating.Forwards Related Correspondence

ML20062D896
Person / Time
Site:	05000471
Issue date:	11/21/1978
From:	Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Boland E HOUSE OF REP.
Shared Package
ML20062D902	List: ML20062D896 ML20062D906 ML20062D910 ML20062D920 ML20062D926 ML20062D932 ML20148R759
References
NUDOCS 7812010039
Download: ML20062D896 (1)

Text

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UNITED STATES 8 ') g " g NUCLEAR REGULATORY COMMISSION g E WASHINGTON, D. C. 20555

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4 The Honorable Edv7ard P. Boland Q

f, United States House of Representatives h,, I Washi6gton, D.C. 20515 --

Dear Co gressman Boland:

I am respbndifg'to your October 26, 1978 request for information regarding the October 24, 1978 letter of Mr. James M. Lydon, Vice President, Boston Edison ' Company. On October 17, 1978, Harold Denton, NRC's Director

, of Nuclear Reac+or Regulation,- wrote to you explaining his reasons for deciding to recirculate those sections of the Pilgrim Unit 2 Environmental Impact Statement relating to alternative sites. Iu that letter, Mr. Denton

-5dicated that he had given Boston Edison the opportunity to respond to  !

his decision to recirculate. Mr. Lydon has forwarded to you Boston Edison's legal memorandum opposing the decision to recirculate.

Mr. Denton's letter set forth several policy considerations which led to his decision to recirculate. Boston Edison did not address any of these policy considerations. Mr. Denton also indicated that there was some

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litigative risk in not recirculating. The Commission's Office of the Execu-tive Legal Director has reviewed the applicable cases, including those cited in Boston Edison's legal memorandum and remains of the opinion that, entirely apart from the policy considerations cited in Mr. Denton's letter of October 17, 1978, there is some litigative risk in a decision not to recirculate .

I have enclosed for your information letters from William S. Abbott, Attorney

. for Intervenors Alan and Marion Cleeton and Charles Corkin, II, Chief, Environmental Protection Division, Commonwealth of Massachusetts, Department of the Attorney General, expressing their disagreement with

• the legal position taken by Boston Edison.

If.I can be of further assistance to you, please do not hesitate to contact me.

Sincerely, C:  !\

7 ' Os Dep,n; .. - . star

'g for OphiaL3 *

Enclosures:

1. Ltrs fm Abbott and Corkin -

2. Inc ltr dtd 10/24/78

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