ML20235Y875

Responds to 870529 Petition Under 10CFR2.206 for Establishment of Investigative Unit Independent of NRC Region IV & Edo,To Review Allegations Re Plant.Served on 870717

ML20235Y875
Person / Time
Site:	South Texas
Issue date:	07/15/1987
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	Condit R, Garde B GOVERNMENT ACCOUNTABILITY PROJECT
References
CON-#387-4080 2.206, OL, NUDOCS 8707270086
Download: ML20235Y875 (1)

Text

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UNITED STATES Yf, S /-

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l July 15, 1987 OFFICE OF THE *$ g j"/ @ ; Q '

SECR E T AR Y J.

. Billie P. Garde Esq. becn .

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Director, Midwest Office o Richard E. Condit,'Esq.

Staff Attorney .

Government Accountability Project 1555 Connecticut Avenue,,N.W., Suite 200 SERVED JUL 1 7 1987 Washington,D.C. 20036

Dear Ms. Garde and Mr. bondit:

This letter responds to your May 29, 1987 petition under 10 CFR 2.206 for the establishment of an investigative unit independent of NRC Region IV and the

. Executive Director for Operations (EDO), to review allegations concerning the South Texas nuclear power pbnt.

You s wcifically state in your petition that '[1]t would be inappropriate to -

have :the.ED0) or anyone connected with Region IV decide the merits of this petition since they are the individuals we are seeking relief from." GAP 2.206 Petition at 15. A 2.206 petition is addressed to the Director of Nuclear Reactor Regulation or the. Director of Nuclear Material Safety and

. Safeguards. 10CFR2.206(a). These directors report to the EDO who by virtue of his position is involved in the 2.206 deliberative process. Taking into consideration the plain language of your request, the Commission decided to treat the document that you characterize as a 2.206 petition as a rr. quest for Comission consideration. The Comission notes, however, that the determination of the most appropriate means of evaluating allegations is essentially within the Comission's discretion and is not within the scope of actions contemplated by 10 C.F.R. 2.206.

The agency can best determine whether the allegations should be handled by Region IV personnel or by an independent task force only after detailed review of the nature of the allegations. The Comission encourages GAP to provide the allegations to the agency promptly pursuant to the May 20, 1987 subpoena issued to Ms. Garde. Additional delay in turning over the infomation to the agency will only result in further delay in looking into matters which you claim are relevant to public health and safety. After the agency has reviewed the substance of the allegations, it will be in a better position to. determine whether Region IV is the appropriate entity to review the allegations or whether the appointment of an independent task force is necessary. The Comission assures GAP that the agency will handle the investigation of the allegations properly, both'with regard to technical review and confidentiality.

Sincerel p m a Jamuer A Gilk Secretary of the Commission 8707270086 870715 PDR ADOCK 05000498

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