ML20214N162

Discusses Violation of Govt in Sunshine Act Discovered by Author in Attempt to Find Out How Commission Will Vote on Applicant Motion to Lift Stay of Issuance of Ol.Parties Entitled to 7-day Notice of Commission Affirmation Sessions

ML20214N162
Person / Time
Site:	Seabrook
Issue date:	05/19/1987
From:	Curran D HARMON & WEISS, NEW ENGLAND COALITION ON NUCLEAR POLLUTION
To:	Asselstine J, Roberts T, Zech L NRC COMMISSION (OCM)
References
CON-#287-3571 ALAB-853, CLI-87-02, CLI-87-2, OL, NUDOCS 8706020085
Download: ML20214N162 (3)

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HARMoN & weiss 37 2001 $ STREET, N.W.

WASHINGTON, D.C. soooo-nes

'87 MAY 22 P5 :)1 TELEPHONE G AIL MCGREEVY H ARMOP)

ELLYN R. WEISS OFFL'.

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(* " 388-35 OlANE CURRAN 00Cni  :,:, e DEAN R. TOUSLEY ~ ~ '

ANDREA C. FERSTER May 19,1987 Lando W. Zech, Jr. , Chairman OOCKET HUMBER ) *01 Thomas M. Rober ts -m t. UTIL FAC James K. Asselstine Frederick M. Bernthal Kenneth M. Carr U.S. Nuclear Regulatory Commission Washington, D.C. 20555

Dear Commissioners:

My client, the New England Coalition on Nuclear Pollution

("NECNP"), has opposed and has sought to stay the issuance of a low power license for the Seabrook nuclear power plant. We have filed briefs and are awaiting the Commission's decision on whether Public Service Company of New Hampshire's submission of a so-called " utility plan" for the Massachusetts sector of the Seabrook Emergency Planning Zone moots the Commonwealth of Massa-chusetts' appeal of ALAB-853, and therefore warrants the lifting of the stay imposed by the Commission on January 9,1987. See CLI-87-02, dated April 9,1987. The purpose of this letter is to alert you to violations of the Government in the Sunshine Act which we discovered in attempting to find out when the Commission will vote on Applicants' motion, and to request that you adhere to the recairements of the Act in the future.

On Monday, May 18, I telephoned the NRC meeting notice tape recording at 634-1498. The recording announced that on Thursday, May 21, the Commission has scheduled an " affirmation session, discussion and vote; public meeting if needed." No information was provided regarding the subject matter of the meeting. I then called Mr. Andy Bates at the Secretary's of fice, to find out whether the Seabrook case might be the subject of the affirmation session. Mr. Bates stated that each week, the Commission routinely sets aside time for an affirmation session, so that it may take up any subjects that come up later in the week. I later called Mr. Martin Malsch at the Of fice of General Counsel, and was told that the Commission would not be meeting to consider the o g

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HARMON & WEISS l

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, NRC Commissioners May 19,1987 Page 2 1

1 Seabrook case this week.

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The Commission's practice of scheduling affirmation sessions without any notice of the subject ratter to be discussed, and

! then adding subject matter as the week goes on, blatantly vio-lates the requirements of the Government in the Sunshine Act, 5 L i U.S.C. S 552b. The Sunshine Act requires that i

In the case of.each meeting, the agency shall make pub-I, lic announcement, at least one week before'the meeting, of the time, place,.and subject matter of the meeting, whether it is to be open or closed to the public, and

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the name and phone number of the official designated by

- the agency to respond to requests for informrtion about.

the meeting." ,

j 5 U.S.C. S 552b(e)(1) (emphasis added) The advance notice  :

i period may only be shortened if the Commission determines, by 3

recorded majority vote, that an earlier meeting is required; nevertheless, full meeting notice must be provided "at the ear-liest practicable time." Id. The announcement must be followed immediately by a Federal Register notice providing the same information. Id,. , S (e) (3) . The subject matter of a meeting may not be changed unless the majority of the Commission determines that agency business so requires and that no earlier announcement of the change was possible, and the Commission publicly announces such change and the vote of each member upon such change at the earliest practicable time. Id . , S (e ) (2 ) .

Even assuming that the tape recording constitutes "public announcement" within the Act's meaning, none of the information 1

required by the Sunshine Act was provided in Monday's NRC tape recording, nor has the Commission followed any of the requisite procedures for altering the content of the affirmation session over the course of the week. As a result,- NECNP was forced to ' do i considerable detective work to attempt to find out' what the Cone mission was planning to consider this week, and never was able to obtain a final description of the subject matter that would be-considered.

The Commission's failure to provide adequate or timely notice of its meetings has the ultimate effect of shielding its determinations from public scrutiny, in direct opposition to the principles of open decisionmaking which underlie the Government in the Sunshine Act. We request'that you correct immediately i

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HARMON & WEISS NRC Commissioners May 19,1987 Page 3 your serious and apparently routine violation of the notice requirements of the Sunshine Act. In particular, we insist on receiving fully seven days' notice of any af firmation session that the Commission may hold concerning the Seabrook operating license case.

Sincerely, Diane Curran ec: Seabrook Service List Martin Malsch Andy Ba tes Senator Lawton Chiles i

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