View source for CLI-86-13, Responds to 860725 Ltr Re Decision CLI-86-13 Concerning Facility.As Part of Formal Adjudication Conducted Under Administrative Procedure Act,Decision Must Be Based on Consideration of Only Matls in Adjudicatory Record

{{Adams
| number = ML20206Q065
| issue date = 08/22/1986
| title = Responds to 860725 Ltr Re Decision CLI-86-13 Concerning Facility.As Part of Formal Adjudication Conducted Under Administrative Procedure Act,Decision Must Be Based on Consideration of Only Matls in Adjudicatory Record
| author name = Bernthal F
| author affiliation = NRC COMMISSION (OCM)
| addressee name = Damato A
| addressee affiliation = SENATE
| docket = 05000322
| license number = 
| contact person = 
| document report number = CLI-86-13, NUDOCS 8609040006
| package number = ML20206Q071
| document type = CORRESPONDENCE-LETTERS, NRC TO U.S. CONGRESS, OUTGOING CORRESPONDENCE
| page count = 1
}}

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f* %e,k                         UNITED STATES E            i            NUCLEAR REGULATORY COMMISSION
                   $                   WASHINGTON, D. C. 20555
     \...../
CHAIRMAN                      August 22, 1986 The Honorable Alfonse M. D'Amato United States Senate Washington, D. C. 20510

==Dear Senator D'Amato:==

The Commission has received your letter of July 25, 1986           '
regarding CLI-86-13, our July 24, 1966 decision concerning the Shoretam Nuclear Power Plant. In that decision, we held only that as a matter of law the license applicant should be permitted the opportunity to show that lack of li. ate and local cooperation at this time does no: absolutely preclude a findir.g, based on the facts adduced in the evidentiary record, of reasonable assurance that adequate measures can and will be taken to protect the public in an emergency. We did not make such a factual finding in our decision, and we did not say that we would. Commis.sioner Asselstine expressed a dissenting view which was attached to the Commission's July 24, ISR6 order.
As you know, the decision n s part of a formal adiudication being conducted under the Administrative Procedur: Act, which mandates our consideration of only thcse materials that are part of the adjudicatory record. Accordingly, while the Commission appreciates your concerns, we hope that you will understand that we must base our decision on the adjudicatory record of the Shoreham proceeding. To avoid the perception that we are engaging in prohibited communications, we are serving your letter and our response on the parties to the adjudication.
Sincerely, v&            3 L l !. .,G Frederick M. Bernthal Acting Chairman 8609040006 860822 PDR    COMMS NRC C.oryc5 PondenceC PDR L.}}