ML20072C713

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Discusses Director Decision in DD-94-03 That Was Based on Incorrect Info & Positions of Fact Taken by Nrc.Requests Reconsideration of Decision
ML20072C713
Person / Time
Site: Crane 
Issue date: 08/01/1994
From: Gary R
PENNSYLVANIA INSTITUTE FOR CLEAN AIR
To: Selin I, The Chairman
NRC COMMISSION (OCM)
Shared Package
ML20072C717 List:
References
DD-94-03, DD-94-3, NUDOCS 9408180063
Download: ML20072C713 (1)


Text

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The Pennsylvania Institute for Clean Air O f fic e of the Senior R e s e a rc h e r, 2211 Washington Avenue Silver S p ri n g,

Maryland, 20910 Telephone (301) 587-7147 lfo-2W]

Dr Ivan Selin August 1, 1994 Chairman U.S. Nuclear Regulatory Commission Washington DC 20555-0001

Dear Dr. Selin,

It turns out that the Director's Decision in DD-94-03 was based on incorrect assumptions and incorrect positions of fact taken by the NRC and corrected in a timely manner by PICA and Mayor Reed, see enclosed correspondence.

I trust that you will agree that information that is new to the NRC has been provided. Your objection in the past to giving PICA a Commissioner's Level Reconsideration has always been that we failed to come up with new facts or arguments that the Directors didn't consider. Well, now we have. So let's have a re-examination of this case by the Commissioners. PICA formally requests that its 2.206 Petition and the record connected therewith be reviewed formally by the NRC Commissioners and that an order be entered providing for such belated re-consideration based on the emergence of facts that are new to the NRC due to a misapprehension of the facts on the NRC's part prior to and included in the Director's Decision. DD-94-03 should be regarded as invalid and nugatory due to the unilateral mistakes of fact by the NRC on which it is based. Due process requires a reconsideration of this decision and we will take whatever lawful steps are required to be sure that our issue is considered fairly, fully, and based on correct information.

Sincerely, Robert Gary Senior Researcher for PICA Encl: Mayor Reed's letter of July 27, 1994 (w/ enclosure)

PICA's Letter to Dir. Russell August 1, 1994

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