ML20214W259

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Responds to 861009 Concern That ASLB Recent Order in Licensing Proceeding Permitting Fuel Loading Would Precipitate Premature Decision on Low Power Licensing Which Could Remove Option of Fuel Conversion.Served on 861208
ML20214W259
Person / Time
Site: Seabrook  NextEra Energy icon.png
Issue date: 10/24/1986
From: Parler W
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To: Mavroules N
HOUSE OF REP.
Shared Package
ML20214W262 List:
References
CON-#486-1801 OL-1, NUDOCS 8612100144
Download: ML20214W259 (2)


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'86 08: -8 A11 :12 (FF, vCC, 7 iF The Honorable Nicholas Mavroules United States House of Representatives Washington, D.C. 20515

Dear Congressman Mavroules:

Your letter of October 9, 1986 to Chairman Zech has been. referred to me for response. You expressed concern that a recent order of the Atomic Safety and Licensing Board in the Seabrook licensing proceeding permitting fuel loading would precipitate a premature decision on low-power licensing which could effectively remove ,'

the option of conversion to another fuel source at the station.

Because your letter tcuched on some of the issues currently under consideration in the Seabrook proceeding, the Office of the Secretary has served the letter on the parties.

Pursuant to the Atonic Energy Act, the Administrative Procedure Act, and the Commission's regulations, the Commission's licensing decisions for nuclear reactors are made in on-the-record adjudications. As your letter reflects, it is of the utmost importance that the Commission's Boards, as well as the Commission itself, serve as impartial judges in the quasi-judicial proceedings over which they preside, approach contested safety questions with an open mind, and decide them carefully on the basis of the evidence in the adjudicatory record.

In the adjudicatory on-the-record is essential fornat adopted to the for our integrity of the licensing decisions, it process that the Boards respond to matters before them forin the first instance. The procedures open various avenues dissatisfied parties to seek relief and appellate review within the Agency. In the event that a party remains dissatisfied with the relief provided through the system of checks and balances provided by Agency process, the United States Courts of Appeals are available for judicial review and such other relief as justice may require. .

The Commission respects and treats withAs great seriousness the an agency of the views of State and local governments.

Federal government, it does so in a manner that conforms with its understanding of the requirements Congress has imposed on it by the Atomic Energy Act and other applicable Federal law. -

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2 Hon. Nicholas Mavroules I trust you will understand that any Connission decision will be part of the formal adjudicatory process and accordingly, that no more specific response can be provided at this time.

Sincerely, 1

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William C. Parler General Counsel l

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