ML20206R383
| ML20206R383 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 08/22/1986 |
| From: | Bernthal F NRC COMMISSION (OCM) |
| To: | Eckart D HOUSE OF REP. |
| Shared Package | |
| ML20206R388 | List: |
| References | |
| NUDOCS 8609050412 | |
| Download: ML20206R383 (1) | |
Text
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UNITED STATES NUCLEAR REGULATORY COMMISSION 4
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WASHINGTON, D. C. 20$55 y
%q*****,o August 22, 1986 CHAIRMAN The Honorable Dennis E. Eckart Q
United States House of Representatives Aja Washington, D. C.
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Dear Congressman Eckart:
The Commission has received your letter of July 30, 1986 concerning our July 24 ruling in the Shoreham proceeding.
In that decision, we held as a matter of law that the license applicant should be permitted the opportunity to show that lack of State and local cooperation in preplanning does not absolutely preclude a finding, based on the facts adduced in the evidentiary record, of reasonable assurance that adequate measures can and will be taken to protect the public in an emergency.
We did not make such a factual finding in our decision, and we did not say that we would.
Commissioner Asselstine expressed a dissenting view which was attached to the Commission's July 24, 1986 order.
As you know, the decision was part of a formal adjudication being conducted under the Administrative Procedure Act, which mandates our consideration of only those materials that are part of the adjudicatory record.
Accordingly, while the Commission appreciates your concerns, we hope that you will understand that we must base our decision on the adjudicatory record of the Shoreham proceeding.
To avoid the perception that we are engaging in prohibited communications, we are serving your letter and our response on the parties to the adjudication.
Sincerely, "-
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D fl A
GA\\m-Frederick M. Bernthal Acting Chairman 8609050412 860822 P6R C,0(hmS NRoca C,DRRESPONbENCE PbR i