ML20079G601
| ML20079G601 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 08/26/1982 |
| From: | Slaggie E NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| Shared Package | |
| ML20079F227 | List: |
| References | |
| FOIA-83-363 CLI-82-16, SECY-82-357, NUDOCS 8209210015 | |
| Download: ML20079G601 (2) | |
Text
_ _ _ -
g naw
) m ( { sS e,
t August 26, 1982 g
[
ADJUDICATORY ISSUE (Information)
For:
The Commission From:
E. Leo Slaggie, Acting Solicitor
Subject:
BELLOTTI V. NRC (D.C. CIR. NO. 82-1932)
Purpose:
To inform the Commission of a recently filed lawsuit.
Discussion:
On August 13, 1982, Francis X.
- Bellotti, Attorney General of Massachusetts, filed a petition to review the Cotrmission's Order denying him a hearing in the Pilgrim enforcement matter, CLI-82-16, 16 NRC _ (July 30, 1982).
The Commission found that S 189a of the Atomic Energy Act does not provide a non-discretionary right to a hearing on all issues related to an enforcement problem without regard to the scope of the enforcement action proposed or taken and that the Attorney General _.did not raise an issue within the scope of the NRC action.
We expect the Attorney General to argue that, as a representative of the citizens of Massachusetts, he was an interested person affected by the NRC's enforcement action at Pilgrim and entitled to a hearing notwithstanding the scope of the action and that his participation in a
Contact:
John
_F.
Klucsik, GC X-43295 4 e & % a,** S ent ' 'DR S2.092/00/5' m._ m.___.-mmm mmmm.mmmmmmm._,
s.
t
- se s
2 hearing was needed to assure that all necessary and sufficient modifications would be made.
As part of an agreement which resulted in the voluntary dismissal of a related suit in the U.S.
District Court (See SECY-82-303A), the General Counsel's office has agreed to expedited briefing in the D.C. Circuit.
LF E. Leo Slaggie Acting Solicitor DISTRIBUTION:
Commissioners OGC OPE DIA REGION I EDO ELD t
--