ML20204C711

Ack Participation as Intervenor in Getr Vallecitos Nuc Center Proc.States Legal Counsel Approves Representation at Proc

ML20204C711
Person / Time
Site:	Vallecitos File:GEH Hitachi icon.png
Issue date:	10/26/1978
From:	Dellums R HOUSE OF REP.
To:	Luton E Atomic Safety and Licensing Board Panel
Shared Package
ML20204C715	List: ML20204C711 ML20204C722
References
NUDOCS 7811290297
Download: ML20204C711 (2)

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Edward Luton,Esq Atomic Safety and Licesing Board Pane N -

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Nuclear Regulatory Commission Washington, D.C. 20555

Dear Mr. Luton,

This will acknowledge your letter of October 3,1978, received in this office October 16,1978, regarding our participation as intervenors in the GETR Vallecitos Nuclear Center proceedings.

As we have previously noted, a question had been raised regarding the legality or appropriateness of my participation, conducted principally through my dis trict office staf f members , in these proceedings. This question was originally raised by the Nuclear Regulatory Commission Acting General Counsel, James L. Kelly, in correspondence to you dated May 18,1978. Subsequent to receiving this communication, I directed a letter to the Honorable Richardson Preyer, Chai man of the Selct Commit-tee on Ethics, requesting an opinion on this subject. By way of a copy of that letter, I' asked the same question of the Attorney General of the United States.

The House Committee on Ethics chose not to respond to our communication in writing, apparently due tg 'the f act that in their opinion it was not a matter over which they had j urisdiction. In informal communications-with my staff, however, they indicated that they did not feel it would be inappropriate for my staff to represent me in these proceedings, so long as they did so in their capacity as staff, and my capasity as Representative.

By letter dated June 26,1978, the Department of Justice responded to our request for an opinion relative to the propriety of my being represented by staff at these proceddings. A copy of that letter is encloseo for your review. It is my personal opinion, and that of legal counsel with whom-I have consulted, that it is perfectly appropriate for my staff to represent me at these proceedings, so long as they did so in their capacity as staff, growing out of their relationship with me as the Representative by whom they were employed, and so long as no consideration, other than clerk hire ' salary, was involved, either to YO11290 W)

. ,page two October 26,1978 them , or to me Since this is t.he f actual situation involved, I di re cte d) my staff to proceed.

If there are an'y further questions , I trust you will contact me.

S i n ce re'l y ,  !

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R o n a l d V . Dse 'l l u,m/ ' \

Member of Congress )

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cc: Mr. R. Preyer i Robert L.Keuch 1

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