ML20206Q519

Responds to Re 860724 Ruling in Facility Proceeding.As Part of Formal Adjudication Conducted Under Administrative Procedure Act,Decision Must Be Based on Consideration of Only Matls in Adjudicatory Record

ML20206Q519
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	08/22/1986
From:	Bernthal F NRC COMMISSION (OCM)
To:	Mrazek R HOUSE OF REP.
Shared Package
ML20206Q525	List: ML20206Q519 ML20206Q531
References
NUDOCS 8609050031
Download: ML20206Q519 (2)

Text

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August 22, 1986 The Honorable Robert J. Mrazek United States House of Representatives Washington, D. C. 20515

Dear Congressman Mrazek:

The Commission has received your letter of July 29, 1986 concerning our July 24 ruling in the Shoreham proceeding. In that decision, we held as a matter of law that the license - applicant should be permitted the opportunity to show that lack of State and local cooperation in preplanning does not absolutely preclude a finding, 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 decison, and we did not say that we would. Commissioner Asselstine expressed a dissenting view which was attached to the Commission's July 24, 1986 order. As you know, the decision was part of a formal adjudication being conducted under the Administrative Procedure Act, which mandates our consideration of only those 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. Sincerelym i D/ e fd_. 4 h Frederick M. Bernthal Acting Chairman e6090'$' P

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August 22, 1986  ! CHAl AN 4 The Honorable Thomas J. Downey United States House of Representatives Washington, D. C. 20515

Dear Congressman Downey:

The Commission has received your letter of July 29, 1986 concerning our July 24 ruling in the Shoreham proceeding. In that decision, we held as a matter of law that the license - applicant should be permitted the opportunity to show that lack of State and local cooperation in preplanning does not absolutely preclude a finding, 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 decison, and we did-not say that we would. Commissioner Asselstine expressed a dissenting view which was attached to the Commission's July 24, 1986 order. As you know, the decision was p6rt of a formal adjudication being conducted under the Administrative Procedure Act, which mandates our consideration of only those .naterials 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 g l I vY% kAt ( . . Is l Frederick M. Bernthal Acting Chairman}}