ML20214P795

Requests Recipient Convene Open,Public Meeting of NRC & Grant Author Permission to Speak to Commission W/Respect to Listed Questions Re Plant post-exercise Litigation

ML20214P795
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	10/15/1986
From:	Damato A SENATE
To:	Zech L NRC COMMISSION (OCM)
Shared Package
ML20214P791	List: ML20214P787 ML20214P795
References
NUDOCS 8612040374
Download: ML20214P795 (2)

Text

, AL80NSE M D'AMATO wwres ,

e illiitti $tates $titatt WASHINGTON, DC 20810 Octobe~r 15, 1986 The Honorable Lando W. Zech, Jr.

Chairman Nuclear Regulatory Commission 1717 H Street, NW 20555 Washington, D.C.

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Dear Chairman Zech:

I am outraged by the recent decision by Judge B. Paul cotter.

Jr., Chairman of the Atomic Safety and Licensing Board Panel, to -

remove Judges Margulies and Kline from the Shoreham post-exercise litigation and replace them with Judges Frye and Paris.

This decision demonstrates great disdain for the legitimate l

i concerns and feelings of all those who testified before Judges Margulies and Kline in the recent limited appearance statements in Nassau and Suffolk Counties. Hundreds of members of the public and l

scores of government officials and community leaders presented their views on issues important to the local community.

This is not an isolated example of the NRC's lack of commitment to the safety of the residents of Long Island. In 1984, Judge Cotter removed the Board considering the issue of the diesel generators at Shoreham, the Brenner Board, and. replaced it l with the Miller Board. This, combined with subsequent issuance of a draconian schedule that denied the constitutional rights of New i

York State and Suffolk County, made it necessary for the State of l

New York and Suffolk County to obtain an injunction in Federal l

court against the NRC's actions. The handling of the February 13 l

evacuation drill, and the NRC's lack of constderation of my contentions submitted on September 26, 1986,7are two more examples of a pattern of behavior which seems to indicate the NRC's determination to license Shoreham at any cost.

I am writing, therefore, to request that you immediately convene an open, public meeting of the Nuclear Regulatory

' Commission, and that I be permitted to speak to the Commission with respect to the following questions:

1. What were the specific reasons for the reconstitution of this panel? If scheduling conflicts were present, does the Commission veiw these conflicts as more important than the safety issues involved with Shoreham?

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' Tho Hcnorable Lando W. Zech, Jr.

- Octobar 15, 198.6 P2ga-2

2. How will the Commission ensure-that any replacements on the panel will have the full input of the tens of thousands of pages of documentation and hundreds of witnesses who have testified regarding Shoreham to date? _Moreover, is it reasonable to have decision-makers on issues as important as the licensing of nuclear power plants makes their decisions without having been involved in the important process of taking public testimony from those most concerned with the decision?

3. Is this reconstitution of the panel in any way prejudicial or ,

otherwise adverse to the public interest? Has the NRC ever 4 previously taken such an action between the pre-hearing conference and the licensing hearing on any other licensing procedure?

.I realize that the NRC must consider legal constraints on issues before the Commission which are subject to litigation.

{ However, because this particular action is not under litigation, I believe that an open session, along with a complete transcript, is

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l appropriate. This meeting must be held as soon as possible and members of the public must be. permitted to attend. I look forward to hearing from you promptly on this issue.

Sinceroly, p' l

A ons D'Amato U States Senator AD:enr cc: The Honorable Frederick M. Bernthal The Honortble Thomas M. Roberts The Honorable James K. Asselstine The Honorable Kenneth Carr

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