ML20082T902
| ML20082T902 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 12/14/1983 |
| From: | Weiss E UNION OF CONCERNED SCIENTISTS |
| To: | NRC COMMISSION (OCM) |
| References | |
| NUDOCS 8312160172 | |
| Download: ML20082T902 (4) | |
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00(.KETED UCS12/1hb UNITED STATES OF AMERICA
'83 DEC 14 P158 NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION jfFb Ng gl,pg Fs 0C BRANCH In the Matter of
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METROPOLITAN EDIS0N COMPANY
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Docket No. 50-289
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(Restart)
(Three Mile Isiand Nuclear
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Station, Unit No. 1)
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UNION OF CONCERNED SCIENTISTS' MOTION TO OPEN MEETING OF DECEMBER 19, 1983 It has been announced that the Commission intends to hold a closed meeting on December 19, 1983, at which the topic will be " Discussion of GPU Proposal." In closing the meeting to the public, the Commission cites only Exemption 10 to the Sunshine Act.
It asserts that the discussion "is reasonably expected to involve information related to the initiation, conduct and disposition of a formal agency adjudication," (emphasis added).
In taking the position that its current consideration of restarting i
TMI-1 on the basis of GPU's management reorganization proposal is part of the l
l "fomal agency adjudication," the Commission has made a breathtaking I
about-face. The Commission has consistently maintained that its current deliberations are part of an "immediate effectiveness" review and not part of the formal adjudication. UCS' objections to the ex parte nature of the submissions by GPU and the Staff and our claim that parties have the right to have the issues resolved in the adjudicatory context have consistently been denied by the Commission on th.e stated grounds that the Commission's current review is not part of the agency adjudication.
8312160172 831214 l
PDR ADOCK 05000289 O
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The Commission cannot now turn 180 degrees and seek to close this meeting on the grounds that it i_s part of the adjudication. The NRC must s
choose one or the other characterization of its actions and accept the legal consequences that flow therefrom.
Instead, the only principle that seems to be consistently applied by the Commission is that it will recharacterize its proceedings from day-to-day depending on which characterization will exclude the public. For purposes of the Sunshine Act, the restart deliberations are called an " adjudication" since that gives the Commission a claim to close its meetings under Exemption 10. On the other hand, under the Administrative Procedure Act, an adjudication is a proceeding where intervenors have the right to cross-examination and to present witnesses and a decision must be made on the basis of the record compiled in that manner. Therefore, when intervenors seek to obtain those rights, the Commission asserts that its restart deliberations are not an adjudication.
The Commission's current deliberations have plainly not been treated as part of the agency adjudication. The rules of 10 CFR Part 2 have not been applied. Not one piece of " evidence" has been submitted under oath, subject to reasonable questioning. There is no record at all in the legal sense.
There is no foundation for the Commission to cite Exemption 10 of the Sunshine Act as a basis for closing a meeting to discuss GPU's proposal to restart TMI-1, since that exemption clearly applies only to " formal agency adj udication."
Therefore, UCS urges the Commission to hold the meeting of December 19, 1983 open to the public.
Respectfully
{
v Ellyn R. Weiss General Counsel
DOLKETED USNPC UCS 12/14/83 UNITED STATES OF AMERICA NUCLEAR REGULATORY C0fHISSION OFFICE Of SEC3tTAr -
00CXETING & SERvin BRANCH In the tbtter of
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METROPOLITAN EDISON COMPANY
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Docket No. 50-289
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(Restart)
(Three Mile Island Nuclear
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Station, Unit No. 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of " UNION OF CONCERNED SCIENTISTS' MOTION TO OPEN MEETING OF DECEMBER 19, 1983" have been served on the following persons by deposit in the United States mail, first class postage prepaid, this 14th day of December 1983, except as noted by an asterisk.
- Nunzio Palladino, Quirman Gary J. Edles, Chairman U.S. Nuclear Regulatory Conmission Atomic Safety and Licensing Appeal Board Washington, D.C. 20555 U.S. Nuclear Regulatory Conmission
- Victor Gilinsky, Conmissioner U.S. Nuclear Regulatory Conmission Dr. John H. Buck Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Conmission
- James Asselstine, Conmissioner Washington D.C. 20555 U.S. Nuclear Regulatory Cmmission Washington, D.C. 20555 Dr. Reginald L. Gotchy Atomic Safety and Licensing Appeal Board
- Frederick Bernthal,Conmissioner U.S. Nuclear Regulatory Conmission U.S. Nuclear Regulatory Conmission Washington D.C. 20555 Washington, D.C. 20555 Judge Christine N. Kohl
- Thorias Roberts, Conmissioner Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Conmission U.S. Nuclear Regulatory Conmission Washington, D.C. 20555 Washington, D.C. 20555 Docketing and Service Section Ivan W. Smith, Chairman Office of the Secretary Atomic Safety and Licensing Board U.S. Nuclear Regulatory Conmission U.S. Nuclear Regulatory Conmission Washington, D.C. 20555 Washington, D.C. 20555
.- Sheldon J. Wolfe, Alternate Chairman William S. Jordan, III Atanic Safety and Licensing Board Harmon & Weiss U.S. Nuclear Regulatory Cmmission 1725 I Street, N.W.
Washington, D.C. 20555 Suite 506 Washington, D.C. 20006 Professor Gary L. Milhollin 4412 Greenwich Parkway John A. Levin, Assistant Counsel Washington, D.C. 20007 Pennsylvania Public Utility Comission P.O. Box 3265 Mrs. Marjorie Aamodt Harrisburg, Pennsylvania 17120 R.D. #5 Coatsville, PA 19320 ANGRY /'IMI PIRC 1037 Maclay Street Douglas R. Blazey, Chief Counsel Harrisburg, PA 17103 Department of Environmental Resources 514 Executive House, P.O. Box 2357
- Steven C. Sholly Harrisburg, PA 17120 Union of Concerned Scientists 1346 Connecticut Ave., N.W., Suite 1101 Ms. Louise Bradford Washington, D.C. 20036 Three Mile Island Alert 1011 Green Street Richard J. Rawson Harrisburg, PA 17102 Office of Executive Legal Director U.S. Nuclear Regulatory Conmission Dr. Judith H. Johnsrud Washington, D.C. 20555 Dr. Gauncey Kepford Environmental Coalition on Thanas A. Baxter, Esq.
Nuclear Power.
Shaw, Pittman, Potts & Trowbridge 433 Orlando Avenue 1800 M Street, N.W.
State College, PA 16801 Washington, D.C. 20036
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- Hand delivered.
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