ML20206C641

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Requests That Jk Asselstine & SB Comley Re Plant Proceeding Be Served to Parties & Placed in Pdr.Served on 870406
ML20206C641
Person / Time
Site: Seabrook  
Issue date: 04/06/1987
From: Davis P
NRC COMMISSION (OCM)
To: Julian E
NRC OFFICE OF THE SECRETARY (SECY)
References
CON-#287-3013 OL, NUDOCS 8704130118
Download: ML20206C641 (4)


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BRANCH MEMO T0:

Emile Julian, Acting Chief Docketing and Service Branch SERVED APR -61987 Patricia R. Davis, Legal Assistantp)

FROM:

Office of Commissioner Asselstine

SUBJECT:

SEABROOK PROCEEDING Please serve the attached letters on the parties to the Seabrook proceeding. Also, please place the letters and the attachments to Mr.

Comley's letter in the Washington, D.C. Public Document Room because the attachments contain some information related to the Seabrook plant.

8704130118 870406 PDR ADOCK 05000443 PDR g

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OFFICE OF THE commHSSIONER April 3, 1987 Mr. Stephen B. Comley Executive Director Because We Care About Rowley And You 780 Main Street, Rte. 1A Rowley, Massachusetts 01969

Dear Mr. Comley:

Thank you for letter of March 8,1987. You asked me to attend a meeting of the residents of Rowley and representatives of other towns in the Seabrook area. According to your letter, the purpose of the meeting.would be to discuss the responsibilities of the NRC and to hear from local residents.

Unfortunately, I must decline your invitation.

It is likely that at such a meeting people would want to express their opinion about the Seabrook plant. As you know, the Seabrook licensing proceeding is a contested proceeding.

In my capacity as a Consnissioner, I will have to decide issues presented in that proceeding.

I am constrained by federal law to make my decisions on those issues based only on information contained in the record of the licensing proceeding.

For that reason, I cannot discuss the issues or obtain information outside the record of the Seabrook proceeding.

If I did, I might have to recuse myself from further participation on the Seabrook case. The reasons for this rule are similar to the reasons a judge in a trial must decide a case based only on information in a trial record -- fairness to all the parties.

Even if the rules against off-the-record consnunications did not present a problem with attendance at a meeting, my schedule would. As you may know, my term of office ends on June 30, 1987, less than three months from now.

Because there is little time left in my tenn, my schedule is necessarily pretty well filled.

Because some of the attachments to your letter contain information related to the Seabrook plant, I will be placing your letter, the attachments and this letter in the Public Document Room, and I will be serving your letter and my response on the parties to the Seabrook proceeding.

i Thank you for your invitation.

I regret that I am unable to attend.

Sincerely,

.A James K. Asselstine

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.e BECAUSE WE CARE ABOUT ROWLEY AND YOU 280 Main Streen. Rie. I A Rowley, Massachusette 01%9 MA: 617-948-7959 Stephen B. Comley D.C.: 202-628 2100 Executive Director March 8, 1987 James Asselstine, Commissioner Nuclear Regulatory Commission Washington, D.C.

Dear Commissioner Asselstine:

I was most please with your recent comments concerning the vote of the Nuclear Regulatory Commission to issue a notice of proposed rulemaking on a regulation that sould eliminate state and local participation in evacuation planning.

As always, you seem to be the only Commissioner who is willing to defend the interests of the American people over the vested interests of large utility companies.

I was, however, very disappointed that I was not allowed to address the Commission at its mee ting on Feoruary 24. Certainly, I will be submitting written comments on tne proposed rule.

As you,.now, I Pave organized a petition drive in the Town of Rowley, Massachusetts asking President Reagan to investigate the NRC's discharge of its responsibilities for regulating nuclear power plants, and to declare a moratorium on the licensing of new plants until we have all the facts on Cnernobyl. This petition has been signed oy a majority of the residents of Rowley and I continue to collect additional signatures.

Tne reason I am writing is to invite you to a meeting of the residents of Rowley and representatives of other towns in the Seabrook area.

The meeting would be informational in nature and would be an opportunity for local residents to hear first-hand from an NRC Commissioner about the responsibilities of the agency and tne manner in which it discharges those responsibilities.

It would, I believe, also provide you witn an opportunity to hear from tnose who are actually effected by the decisions of the Commission. I would not suggest that you take questions from the floor at sucn a meeting, since the questions would likely ce too numerous to answer in one brief meeting.

However, I would suggest that a limited number of questions be submitted beforehand for.your response at the meeting.

I also believe that a limited numoer of local residents should be allowed to speak to express their opinions and concerns.

I hope that you will accept this invitation to what I feel would be a most beneficial meeting for all concerned.

I am open to any suggestions you have for the format of such a meeting.

If you accept this invitiation, I will make all of the necessary arrangements.

On another front, I am continuing to work very actively in seeking a Congressional hearing on the failure of the NRC to act responsibly as a regulator of nuclear power plants.

I remain confident that if the

es American public-knows the full story, reform will soon follow.

I am i

sure that when the time comes we will be able to count on you for frank and nonest testimony.

I tnank you for.your attention to this' matter and loox forward to your response.

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en B. Comley Executive Direc f

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