ML20214T167
| ML20214T167 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 09/19/1986 |
| From: | Hiatt S OHIO CITIZENS FOR RESPONSIBLE ENERGY |
| To: | Asselstine J, Roberts T, Zech L NRC COMMISSION (OCM) |
| References | |
| CON-#386-908 OL, NUDOCS 8609300219 | |
| Download: ML20214T167 (2) | |
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DCLKEILE HNK September 19, 1986
'26 97 26 P6 :27 Chairman Londo M.
Zech, Jr.
Commissioner Thomas Roberts OFFICL O "' f 00CKliggj{glf#CL Commissioner James K.
Asselstine Commisstoner Frederick Bernthal Commissioner Kenneth Corr U.S.
Nuclear Regulatory Commission 1717 H Street NU Washtngton, DC 20555 Re: Cleveland Electric Illuminating 'C o. (Perry Nuclear Power Plant. Units 1 and 2), Docket Nos. 50-440/441 Gentlemen:
At the September 5 Commission briering on the Perry plant Intervenor Ohio Citi: ens rcr Responsible Energy, Inc. ('OCRE')
learned that the NRC Stort had met with Dr.
U. Reed Johnson of the Atomic Safety and Licensing Appeal Board to discuss has concerns regarding the January 31 earthquake raised in his letter of July 29, 1986.
OCRE is concerned that this meeting consettuted illegal and improper ex porte communication.
10 CFR 2.700 prohibits off-the-record communicottons between Appeal Board members and "ony party to o Proceeding for the issuonce of a Itcense' regarding "ony evidence, e x p l a n a t i o n',
analysts, or advice, whether written or oral, regarding any substantive matter at issue in o proceedtng on the record then pending before the NRC.'
Such a proceeding is defined to include 'ony application or matter Concerning which a hearing has been requested.'
The meeting between the Stoff and Dr. Johnson opFears tu fat into this cate9ory.
This is o contested proceeding, to which the NRC Staff is a party.
The January 31 earthquake is a matter on which a hearing was requested by OCRE.
Although the Commission dented OCRE's motion to reopen on the earthquake an CLI-86-07, this decision is the subject of of judictol review.
Ie is quite likely that the Coure will remond ents moteer to the NRC for further hearings; the assue would thus at some point come before the Appeal soord.
OCRE therefore er'>..=>
the communication was improper.
OCRE consequently requests, pursuant to 10 CFR 0. 780 (c),
that the persons present at the meeting prepare a fate, written summary of ene meeting and serve at the porties, or, in the alternottve, divulge any notes, reports, transcripts, or other records they may have on or from the meeting and serve them on the parties.
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Pose 2 Should the NRC wish to conduct similar meetings in the future, OCRE requests that either (1) the parties be notified so they con ottends or (2) such well sn advance or the meetings meetings be transcribed and the transcripts served on the
- parties, OCRE believes these are the only process 6s by which foirness to all parties con be preserved in this situation, sincerely, p-Susan L.
Hiatt OCRE Representative 8275 Hunson Road Hentor, OH 44060 (214) 255-3158 cc: Service List f
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