ML20147C928

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Order Re Intervenors' Motion for Order Suspending Preparation of SER Pending Results of Hearing.Nrc Will Show Neither the SER Nor Any Contributing Staff Member Was Biased by Ex Parte Communications
ML20147C928
Person / Time
Site: 07000754, Vallecitos  File:GEH Hitachi icon.png
Issue date: 10/05/1978
From: Luton E
Atomic Safety and Licensing Board Panel
To:
References
NUDOCS 7810130188
Download: ML20147C928 (3)


Text

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, .NRC PUBLTC DOCMENT ROOV INITED STATES OF AMRICA NUCLEAR REGULA10RY CO W SSION g  :::

6 4

BEFORE THE A7mIC SAFETY AND LICENSING BOARD

<!A, 18-

- \f,"s In the Matter of )

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\(. p GE4ERAL ELECIRIC C04 PRE Docket Nos. 50-70 ' N2

)70-754 m 1 (Vallecitos Nuclear Center - )

(Sh m Cause)

General Electric Test Reactor) )

ORIER Intervenors Dellums and Friends of the Earth have alleged violations of the cmmission's die' against g parte cornuunications (10 CFR 92.780) by both the Licensee and the Regulatory Staff on the basis of 1) a July 11, 1978 meeting between representativcsof the Licensee and the Staff;

2) the minutes of that nueting indicating certain telephone calls between the Licensee and the Staff; and 3) a July 10,1978 letter from the Licensee to the Acting Director of Nuclear Reactor Regulation. Because of these alleged improprietics, we are asked to issue an order suspending the l Staff's preparation of its SER pending a shwing, at a hearing specially called for the purpose, "that neither the document itself nor any of its I

ccntributing staff members has been biased by g parte camunications."

Having considered the submissions of all the parties on this matter, we find no violation of the Cmmission's rule regarding g parte camuni-cations. As we understand it, 10 CFR S2.780 prohibits g parte contacts with the Camitssioners, members of their imnediate staffs, or other agency q 91013 0lU

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4 cuployees who advise the Cmmissimers in the exercise 'of their quasi-judicial functions. Nothing before us indicates that any of the cmnunications emplained of was with Conmissioners, nonbers of their .

inmediate staffs, or with any persons who advise the Conmissioners in the exercise of their quasi-judicial ftuctions. It appears to us that all of these contacts have been between the Licensee and the Cmmtssion's Regulatory Staff (a party to this proceeding, and in no way involved in advising the Cmmissioners "in the exercise of their quasi-judicial functions"). That the Regulatory Staff is authorized to have such contacts with one or more of the parties to a proceeding during the Staff's review is made explicit in 10 CFR 2.102(a) :

"During rcview of an applicatica by the Staff, an applicant may be required to supply additional information. The staff may request any one party to the proceeding to confer with the staff informally." (anphasis supplied) l On the papers before us, we find no breach of the Cmmissioner's Rules of Practice. , ,

I

'lhe July 11, 1978 meeting took place without prior notice to these Intervenors. However, Intervenors can hardly make a significant claim of prejudice to their interests in this regard. According to Staff Counsel:

. . . Staff ccunsel did not have sufficient time after being infonned of the nueting to provide Intervenors with effective advance notice of the i

[ ._ _ _ _ _ _- - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ W_

s meeting. Staff counsel was informed of the nceting only shortly before it was to take place, but was

  • t assured that minutes would be taken of the meeting /

l and muld be provided for distribution to the parties to this proceeding. Copies of the minutes, including copies of all subnittals that GE gave to the Staff at the meeting, were transmitted to the parties on July' 25, 1978, the day following preparation of the minutes.

Thus, all of the information exchanged at the July 11 meeting has been made available to the Intervencrs. Additionally, the failure of the Staff to give prior notice does not violate any Comnission rule. Even

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so, the Staff has given assurance that prior notice of any such meeting to be held in the future vill be given to the Intervenors. We are satisfied that the Staff will endeavor to meet this connitment. ,

For the reasons stated, the Intervenors' notion for an order suspending preparation of the SER pending the results of a hearing on the matters asserted is hereby denied.

SO ORDERED.

THE ATQ41C SATETY AND U CENSING BOARD

/

Db (MS

\ f eard Luton, Chairman l{.hA Dated at Bethesda, Maryland this 5th day of October 1978.

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