ML20248F626

Ack Receipt of from DW Del Core Re Meetings W/Commissioners Diaz & Mcgaffigan & P Blanch

ML20248F626
Person / Time
Site:	Millstone
Issue date:	03/16/1998
From:	Backus R BACKUS, MEYER & SOLOMON
To:	Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM)
Shared Package
ML20248F498	List: ML20248F496 ML20248F513 ML20248F531 ML20248F553 ML20248F561 ML20248F568 ML20248F576 ML20248F580 ML20248F591 ML20248F599 ML20248F604 ML20248F626 ML20248F659 ML20248F671 ML20248F683 ML20248F703 ML20248F704 ML20248F715 ML20248F723
References
FOIA-COR98-114 NUDOCS 9806040360
Download: ML20248F626 (2)

Text

__ - _ _ - . _ - - _ _ _ - _ _ _ _ . _ _ _ _ _ _ _ _ - _ _ _ _ - _ - _ _ _ _ - _ _ -

6 keleaso t} ,

• jf h

. BACKus, MEYER, 60LOMON, Rooo & BRANCH ATTORNEYS AT law 1161 oWELL STREET ALSO ADMITTED JON MEYER' Ro Box os .To massachusetts man STEVt.N A. SOLOMON *'ro MA Ne aAa M#.NCH ESTER, NH osios-osis JENNWER Rooo**

OF CouseeCL O.J.GRANCH ' ' ROSCRT A. SACKUS DARIN HOOo-TUCKER NANCYE. HART FAX (603)668-0730 I

March 16, 1998 Hon. Shirley Jackson, Chairman U. S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 l

Dear Chairman Jackson:

l I have just received by fax a letter to you dated March 12, 1998 from Donald W. Del Core, Sr.

In that letter, Mr. Del Core indicates his concern about a meeting or meetings with you and Commissioners Dias and McGaffigan and Mr. Paul Blanch.

The Commission, of course, is governed by 5 U.S.C. 5552b, commonly referred to as the " Government in the Sunshine" Act.

The Commission's regulations pursuant to this act make it clear that any time a quorum of the Commission has a " meeting" that proper notice is to be provided and the meeting be open to the public.

10 C.F.R. 59.101(c) defines a meeting as follows:

" Meeting" means the deliberations of at least a quorum of Commissioners where such .

deliberations determine ~or result.in the joint" conduct ~or disposition of official Commission busine'ss,'that is, where discussions are sufficient 1v focused on discrete proposals or issues as to cause or to be likely to cause the individual particinatina ===hars to form reasonably firm oositions reaardina matters oendina or likely to arise before the acency. Deliberations required or permitted by 559.105, 9.106, or 9.108(c) do not constitute " meeting" within the definition. (emphasis added) 3/18...To OGC/ for Direct Reply.... Suspense: April 1...Cpy to: Chairman, Comrs , E 60 RFCV rn Ar k. 4R-07tal.. . Chairman should review response prior to dispatch 9806040360 990528 PDR FO!A r.m rar anon ain i

a .

l .

i 1998 Although the account of the meetings in the March 12, Wall Street Journal are not fully described, it would seem that if Mr. Blanch met with you and your fellow Commissioners, it would constitute a quorum of the Commission, and if the subject of the discussion was, as the report indicates, the restart of Millstone 3, the requirements of the Government in the Sunshine Act would be applicable if the discussions were sufficiently focused so as to "cause or to be likely to cause the individual participating members to form reasonably firm positions regarding matters pending or likely to arise before the agency."

The Commission's widely anticipated formal vote on the restart of Millstone 3 is likely to be the most important and publicly scrutinized decision the Commission will have made in many years.

In light of the momentous decision the Commission will have to make regarding Millstone 3, the reported meeting or meetings in the March 12th Wall Street Journal raise two troubling questions. First, were the meeting or meetings contrary to either the intent of the spirit of the Government in the Sunshine Act? The report would certainly indicate troubling concerns on this point. Second, and perhaps equally troubling, the meeting or meetings constitute ex parte contacts on a matter that will come before the Commission which may require the disqualification of some Commissioners. In this regard, the report that Commissioner Diaz felt that Mr. Blanch made a " pretty good case" for restart is particularly troubling.

Very truly yours,

, (- . .j. ' f>'~

/

Robert A. Backus RAB/acw cc: Donald Del Core i

l l l

l l