ML20206B470

Reiterates 870310 Request for Recipient & NRC to Disqualify Themselves from Facility Proceedings & for Recipient to Stop Mischaracterizing Actions of Suffolk County Re Emergency Planning for Plant.Nrc Code of Conduct Breached

ML20206B470
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	04/02/1987
From:	Blass G, Logrande M SUFFOLK COUNTY, NY
To:	Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
Shared Package
ML20206B436	List: ML20206B432 ML20206B470
References
CON-#287-3030 OL-3, NUDOCS 8704090163
Download: ML20206B470 (2)

Text

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COUNTY OP' SUFFOL,K BY TELECOPY April 2, igt7 Mr. Victor Stello -

Executive Director for Operations U. 3. Nuclear Regulatory Commission Washington, D. C. 20585

Dear Mr. Stello:

This is in reply to your letter of March 23, Ig87, which replied to our letter of March 10th to you. In your March 23rd letter, (1) you refuse to disqualify yourself and the rest of the Staff from further participation in the Shoreham proceeding (2) you refuse to meet openly with the government of Suffolk County at a Special Session of the County Legislature,'and (3) you refuse to stop mischaracterizing Suffolk County s actions son-corning enersency planning for the shoreham Nuclear Power Plant.

Your letter is unsatisfactory; it underscores the extent to which you have committed the Staff to give favored treatment to LILCO and to LILC0's efforts to license Shoreham.

o First, your March 23rd letter does not even address the standard of the NRC's code of conduct for employees. Section 0.735-3(a)(6) of the NRC's regulations requires that the Staff "not give or appear to give favored treatment or competitive advantage to any member of the public," You htVC brgtChtd thil .

standard by taking a position in favor of LILCo and against Suffolk County that is not based on fact, but on your predeter-mined goal of licensing Shoreham to operate. As a result, you have been unwilling to accept the facts concerning suffolk  !

l County's participation in emergency planning and, instead, have i made deliberate misstatements o# the County s position in order to support LILC0's ends. We have informed you of these misstate-ments in our letters to you dated January 16th and March 10th.

You have refusedThis to correct claiming they are your " belief." " belief{ourismisstatements unfounded,in fact; it is simply what you have fabricated to help LILC0.

The claim in your March 23rd letter that authority" and do not believe it " appropriate"you to have "no the disqualify Staff from further participation in the Shoreham proceeding is merttless. Under section 0.735-3(a)(6) no delegation of

" authority" is necessary for you or any,other NRC employee to act; the authority -- indeed responsibility -- for you to abide by the NRC's code of conduct is continuing and personal. As to 8704090163 870403 EDO - 002699 DR ADOCK 0500 2 u, a.as eeneneen eues e m ~

Mr. Victor Stello -0 April g, Iggy i

i the "appro riateness' of you taking action pursuant to Section i

0.735-3(a)p(6), it is difficult to conceive of a mort CORptll case for disqualifying yourself and the rest of the Staff than the present, where you and the Staff have sacrificed impartiality for the sake of achieving LILCo's goal. We reiterate our request that you disqualify yourself and the rest of the Staff.

Second, your refusal to meet in the open with' the elected government of Suffolk County at a Special Session of the

) Legislature is indefensible. Our government does the public's l i

businett in public, and we are certain that an NRC employee of i

I your rank knows th"s well from first-hand experience. Your offer that we instead meet with you in the privacy of Washington is therefore blatantly disingenuous. your Office inour We reiterate  !

request that you attend a Special Session of the County Legislature.  ;

l "Nothing I ever said dealt with the licensing of the plant." Finally,N_ewsdayofMa Th i

i ment is Cynical, even grotesque. Everything you have said con- l

cerningsuffoltCountysemergencyplanningactionshasbeen contrivedtofavorthegrantofanoperatinglicensefor '

Shor,eham.

The people of Suffolk County are not naive s and

neither are you We know what you are up to, and you do even i

better. What we are asking is that you simply be straightforward i

and face the fact: you have made LILCO's goal the Staff's own cause, and this means you and the rest of the Staff should no longer participate as a purportedly impartial party in the l Shoreham proceeding. ,

We look forward to your early reply, i sincefely, i

)

n h. W_z=

iragovy 0.t siass

! fy$k Y^ ~

menael A. Losrance jPresidingbfficer Suffolk County Executive

) Suffolk County Legislature

) cc: NRC Service List I

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