ML20215K615
| ML20215K615 | |
| Person / Time | |
|---|---|
| Site: | 05000000, Shoreham |
| Issue date: | 06/08/1987 |
| From: | Cutchin J NRC COMMISSION (OCM) |
| To: | Parler W NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| Shared Package | |
| ML20213F109 | List:
|
| References | |
| NUDOCS 8706250393 | |
| Download: ML20215K615 (1) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION 8
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OFFICE OF THE i
COMMISSIONER
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I j June 8, 1987 1:
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MEMORANDUM FOR:
William C. Parler General Counsel 0
FROM:
James M. Cutch
, I.V
~k Legal Assistant to Commissioner Roberts
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SUBJECT:
REQUEST FOR INFORMATION ON EX PARTE CONTACTS IN THE SHOREHAM PROCEEDING
- *l In your memorandum of May 12, you asked that we provide infonnation regarding possible attempted oral or written contacts with Commission j
adjudicatory decisionmakers or advisors in the Shoreham OL Proceeding in J
violation of NRC's el t;arte rule or the APA.
j Other than letters from opponents of the plant including Governor Cuomo, I
various New York State and Suffolk County officials, members of Congress i
and concerned citizens, copies of all of which were provided to SECY for placement in the POR and/or service on the parties as appropriate, neither any member of Commissioner Roberts' staff nor Commissioner Roberts has identified any infonnation indicating any improper ex parte contacts relating to Shoreham.
cc:
B. Jones P. Davis S. Schinki S. Burns 4
M. Blume
! l' SECY
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8706250393 870622
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NUCLEAR REGULATORY COMMISSION F C' o
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May 22, 1987 Y'6 CHAIRMAN I
MEMORANDUMF0Q Samuel J. Chilk l
Secretary of the Comission yj
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FROM:
Lando W. Zech, Jr.
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SUBJECT:
SUMMARY
OF CCNVERSATION WITH CONGRESSMAN HOCH8RUECXNE t
' - ], j The following is a sumary of an April 14, 1987 telephone conversation --
between Congressman George J. Hochbrueckner and myself.
'j Congressman Hochbrueckner was concerned primarily with the procedural dspects of how the LILCO request for a 25% license would be handled.
I explained that the request had been received that very day and that'the l
Comission had not yet reviewed it.
I indicated that the request was with the General Counsel's office and that OGC eventually would recommend a course of action on the request to the Comission.
The Congressman then reiterated several of the points he had made at the Comission's -
i February 24, 1987 public meeting on the proposed emergency planning rule change.
He also discussed alternative sources of power for LILCO customers, i.e. that LILCO customers would have plenty of power without j
Shoreham if carbage was burned as a source of power. The Congressman also a )
asserted that LILCO must have had some signal that the Comission would approve the 25% request, or else it wouldn't have made the request.
1 10 CFR 2.780(c) prohibits oral ex parte comunications, and prescribes that I
where such comunications occur, the recipient is to place in the POR and 1
to serve on the parties and the comunicator a sumary of the ccmunication.
It does not appear to me that discussions of the procedural stetus of a motion would amount to ex parte contact requiring notification to the parties to Shoreham proceeding. Also, I originally _ did not consider the reiteration of points made at our public meeting to be of an ex parte However, I now understand that thrparties' filings on the 25%
nature.
request have raised the issue of whether the license is needed. Thus, the conversation might be viewed by some as an ex parte communication to the extent that it concerned alternative power sources for LILCO customers.
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Accordingly, to ensure compliance with 6 2.780(c), please place this
'i memorandum in the POR and serve it on the parties to the Shoreham
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proceeding and on Congressman Hochbrueckner.. Also, to ensure the completeness of the record of our proposed emergency planning rule (52 Fed.
-i Reg. 6980), please place this memorandum in that record.
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'cc : Comissioner Asselstine Comissioner Bernthal sioner Carr SECY
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