ML20149M661

Ack Receipt of Commenting on Commission & Offer to Suspend Subcommittee Request for Documents Upon Receiving Written Assurances That Commission Will Not Vote on Restart of Facility While Review Still Pending

ML20149M661
Person / Time
Site:	Sequoyah
Issue date:	02/22/1988
From:	Zech L NRC COMMISSION (OCM)
To:	Gejdenson S HOUSE OF REP., INTERIOR & INSULAR AFFAIRS
Shared Package
ML20149M663	List: ML20149M661 ML20149M691
References
NUDOCS 8802260227
Download: ML20149M661 (2)

Text

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! 'e*% NUCLE AR REGULATCRY COMMIS$10N cmwoton o.c.wess

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February 22, 1988 CHAIRMAN The Honorable Sam Gejdensor, Chairman Subcommittee on General Oversight and Investigations Committee on Interior and Insular Affairs United States House of Representatives Washington, D. C. 20515

Dear Mr. Chairman:

We have received your letter of February 19, 1988, in which you comment on the Commission's letter to you of February 10 and offer to suspend the Subcommittee's request for documents upon receiving written assurances (1) that the Commission will not vote on the restart of the Sequoyah facility while Justice Departrent prosecutorial review is still pending, and (2) that the Commission will provide the requested documents to the Subcommitte0 within two days of the completion of the Justice While the Commission will provide the Department's review. documents at the very earliest date consistent with the need to preserve the integrity of the investigative processes at the Justice Department and at NRC we cannot, for the reasons set forth below, provide the assurances you request on the timing of a vote on the restart of Sequoyah.

At the outset, however, we with to address two points made in your letter to ensure that we in First, havethe astatement common understanding in your of letter the that relevant facts.

"the NRC's own investigators have concluded that Mr. White had indeed intentionally made material false statements to the NRC.' the use of the word ' concluded' In reality,suggests the an investigation investigation by which has reached its end. It would be the Office of Investigations is still in progress.

premature to suggest Second, that the the agency fact that hasmatter the reached conclusions was referred on to this matter.

the Department of Justice for its review by our Office of Investigations does not by itself constituteRather', an HRC finding Section that Mr. White has cor.mitted wrongdoing.

221.b of the Atomic Energy Act estabitshes a low threshold for referrals to the Department of Justice. It provides: "The Federal Bureau of Investigation of the Department of Justice shall investigate all alleged or suspected criminal violations of this Act.'

4 D." .

2-refused the Subcommittee access to the requestud There is to question of the Subcommittee's eventual entitlement timing.

to the documents; theThe issue, rather, is one concern of would treat the documents with great care.

the Commission and the Justice Departoont is that any dissemination of the documents increases the pressure on the NRC to further disseminate them, thereby increasing the likelihood of a premature disclosure of informati case of possible wrongdoing. to intention is not, as your letter might seem to suggest, frustrate the work of the Of fice of Ins tstigations, but rather to protect on-going investigative mat storsassure fromthat prematureThe disclosures.

wrongdoing from exposure, but the contrary: actions which inadvertent premature public disclosures.

With regard to the restart of Sequoyah, the Commiscion's schedule now calls for a public meeting on the subject to beW held.cn March 4,% 18,8,. 1 2' specific ~ condition you'~$et out in your letter, we can assure t t

.you that before the Commission can vote to approve the res ar of Sequoyah, it must satisfy itself that there are no issues i for purposes of restart which stand in the way of a finding l that there is reasonable assurance that the plant can be ,

operated, as the Atomic Energy Act this requires, without weundue risk In mating assessment, to public health and safety.

consider all of the circumstances, including pe been shut down.

We cannot say at this time what issues will and will not appear to present insuperable obstacles to the restart of Sequoyah, just as we cannot say whether or not restart will be We can assure the Subcommittee, however, that authorized.

Sequoyah will under no circumstances be permitted to operate unless statutoryand standards until the Commission for plant operation is satisfied have been met. that the Sincerely.

09 , b *  ;

Lando W. Zec Jr.

cc: Rep. Denny Smith t

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