ML20236B612

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Requests Date by Which Response to 740219 Request for Documents Will Be Received.Author Exclusion from Testifying at Public Hearing Improper
ML20236B612
Person / Time
Site: Diablo Canyon, 05000000
Issue date: 04/15/1974
From: Mendes S
AFFILIATION NOT ASSIGNED
To: Shapar H
US ATOMIC ENERGY COMMISSION (AEC)
Shared Package
ML20236A877 List: ... further results
References
FOIA-87-214 NUDOCS 8707290171
Download: ML20236B612 (2)


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'{ _'s STANLEY H. MENDES STRUCTURAL ENGINEER 1SSSYs STATE ST. SUITE 1 SANTA BARBARA. CALIF. 93101 PHONE (805) 988 9870 April 15, 1974 Mr. Howard K. Shapar Docket Nos. 50-275 Assistant General Counsel 50-323 Licensing and Regulation United States Atomic Energy Commission Washington, D. C. 20545 9

Dear Mr. Shapar:

It has been over nine weeks since my letter of February 19, 1974, was sent to you. The purpose of this letter is to determine when you will respond to my request for the information requested in that letter.

By one of those inexplicable coincidences, at the very moment I was dictating this letter to my secretary, a telephone call was received from a Mr. Joseph Sento, who was making inquiries at the request of Mr. Larry Chandler. Mr. Serto indicated that they had anticipated I would participate in the pre-hearing procedures on the licensing of the nuclear facilities at Diablo Canyon held the latter part of March in San Luis Obispo, j and that they had expected to respond to my letter at that '

time.

b So that the situation is quite clear, please accept the following.

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1. My letter of January 9, 1974, directed to Dr. Dixy Lee Ray as chairman of the U. S. Atomic Energy Cenmission, was sent as a citizen of the United States of' America,.not in my role as consultant to Scenic Shoreline Preservation Conference, Inc.
2. The issue I raised was that on several occasions, I had.

been precluded from giving testimony at a public hearing and I wanted to know, "Why?"

In plain language, it is my belief, based upon the actions taken by the Atomic Energy Commission and staff, that I was improperly excluded f rom testifying at public hearings.

Dr. Ray directed you to look into the matter and respond. I am still looking only to you for response, unless you inform me that you nave delegated this matter to someone else. My letter of February 19, 1974, enumerates three requests for information. I assume you will comply with item #3 in due 1 time when the " safety evaluation" is published. l 8707290171 870721 PDR FOIA CONNORB7-214 PDR I

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' 'SITANLEY H. MENDES ,

  • ' STRUCTURAL, ENGINEER Mr. Howard K. Shapar April 15, 1974 With respect to items #1 and 42:
  1. 1. The " Commission Memorandum and Order dated April 21, 1972" i was, I presume, a formal action of the Commission. I assumed that this action was taken af ter the Commission discussed the matter and likely af ter they had been pre-sented with certain data and information from staff and others. My request to you is to provide an exact copy of the " Commission Memorandum and Order, dated April 21, 1972" and also to provide data and information which was considered, and which likely influenced the action the commission took.
  1. 2. Since the same " Commission Memorandum and Order, dated April 21, 1972" was used as the basis for refusal to permit me to give testimony at the public hearing, I desire to be informed as to all pertinent data and informa-tion upon which the Commission based its decision. What logic or rationale caused the Commission to again refuse to permit me to give testimony? The Draft Environmental Statement of December 1972 addressed itself to issues of geology, seismology and design. These are environmental matters. This nas admitted by including them in the Draft Environmental Statement. ,

My request for additional data and information is, I believe, a reasonable one. I am sincerely trying to understand the reasoning which resulted in the actions taken to preclude my testimony. Based upon information presently available to me, the actions appear to be improper. My positica may change if the facts of the matter, when available and duly considered, warrant a reversal.

Please advise me as to approximately when I may expect a response.

Very sincerely yours,

,WJ 'H % % ~-} w Stanley H. Mendes SHM:pm cc: Dr. William Aron I