ML20215K615

Responds to 870512 Request for Info Re Ex Parte Rule Violations in Shoreham Proceeding.No Info Identified

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
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References
NUDOCS 8706250393
Download: ML20215K615 (1)

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UNITED STATES NUCLEAR REGULATORY COMMISSION l 8 g -'

j E W ASHINGTON. D.C. 20666 g

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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 ~k FROM: James M. Cutch , I.V ,

Legal Assistant to Commissioner Roberts -

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SUBJECT:

REQUEST FOR INFORMATION ON EX PARTE CONTACTS IN THE -

SHOREHAM PROCEEDING 1

- *l In your memorandum of May 12, you asked that we provide infonnation l 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 i

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 ,

4 S. Burns M. Blume

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SECY

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I 8706250393 870622 PDR COMMS NRCC .

CORRESPONDENCE PDR-

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"% * * * * * .o/ May 22, 1987 Y'6 CHAIRMAN ,

I MEMORANDUMF0Q Samuel J. Chilk Secretary of the Comission l yj FROM: a' i Lando W. Zech, Jr. W-

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 j l

customers, i.e. that LILCO customers would have plenty of power without ,

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 nature. However, I now understand that thrparties' filings on the 25%

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. i i1

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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 proceeding and on Congressman Hochbrueckner.. Also, to ensure the .]-i ! '

., 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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