ML20149M661
| 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: |
| References | |
| NUDOCS 8802260227 | |
| Download: ML20149M661 (2) | |
Text
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NUCLE AR REGULATCRY COMMIS$10N
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,1 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:
19, 1988, in which We have received your letter of February 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 for the reasons the Justice Department and at NRC we cannot, 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 have a common understanding of the relevant facts.
First, in the statement in your letter that "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' suggests an investigation In reality, the investigation by which has reached its end.
It would be the Office of Investigations is still in progress.
premature to suggest that the agency has reached conclusions on this matter.
Second, the fact that the matter was referred to the Department of Justice for its review by our Office of Investigations does not by itself constitute an HRC finding Rather', Section that Mr. White has cor.mitted wrongdoing.
221.b of the Atomic Energy Act estabitshes a low threshold for It provides:
"The referrals to the Department of Justice.
Federal Bureau of Investigation of the Department of Justice shall investigate all alleged or suspected criminal violations of this Act.'
D.".
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2-refused the Subcommittee access to the requestud There is to question of the Subcommittee's eventual entitlement to the documents; the issue, rather, is one timing.
The 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 s rs from prematureThe disclosures.
to assure that 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 specific ~ condition you'~$et out in your letter, we can assure 2'
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.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 that there is reasonable assurance that the plant can be operated, as the Atomic Energy Act requires, without undue risk In mating this assessment, we 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 Sequoyah will under no circumstances be permitted to operate authorized.
unless and until the Commission is satisfied that the statutory standards for plant operation have been met.
Sincerely.
b 09,
Lando W. Zec Jr.
Rep. Denny Smith cc:
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