ML20041E108

Advises That 820221 Site Visit Was Clear Violation of 10CFR2.780.Intervenor Absence Due to Inadequate Notice. Return Visit Should Be Made W/All Intervenors Present

ML20041E108
Person / Time
Site:	South Texas
Issue date:	03/05/1982
From:	Sinkin L Citizens Concerned About Nuclear Power, INC.
To:	Roberts T NRC COMMISSION (OCM)
References
NUDOCS 8203100154
Download: ML20041E108 (2)

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DOCKET NUMBER PROD.& UTIL FAC>g,, gg g m.w, -

March 5, 1982

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Commissioner Thomas M.

Roberts

. Nuclear Regulatory Ccmmission

. IRR -8 P3:34 Washington, D.C.

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Dear Commissioner Roberts:

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ERANCH IamwritingtoyouonbehalfofCitizensConcerned[hb'out-

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Nuclear Power., Inc. (CCANP). I represent CCANP's interest;,-

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as an intervenor in the operating license proceedinh for.' " [.T'Cw. '8 Z the South Texas Project.. As an intervenor, CCANP is\\ entitled: '

O to all rights and protections provided for a party pursuantk.

to 10 C.F.R.% 2.780.

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The purpose of this letter is to bring to your attentionl E'g t

actions on your part which we consider a clear violation i

of 10 C.F.R.% 2.780. On February 21, 1982, you visited the South Texas Project and spent at least two hours with Houston Lighting and Power personnel with.no intervenor representatives present.

My absence resulted from totally inadequate prior notice of your visit. I received a call at 8:30 a.m. on February 20, l'

1982 informing me that you would visit the site 150 miles from my home the next morning. I was unable to arrange.to be present on such short notice.

The other intervenor, Citizens for Equitable Utilities (CEU),

received notice of your visit at the Washincton, D.C.

office j

of their attorney at approximately $ r 00 p.tn. on February 19, i

I 1982. A representative of CEU did in fact go to the Visitors Center at the tiec she was told to be there. After waitina an hour and receiving no message or other instruction, she

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1 eft. A guard employed by the licensee twice stopped to y

talk to her about her presence. She informed him why she was

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there, but he never conmunteeted-any-further"ihsfructions f

to her.

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In addition, various media representatives did not come to the site for your visit because the licensee informed them they would not be allowed'to cccompany you on your tour of l

the site.

1 Since you did visit the site and spend con' side'able"tfme'hith the r

l applicants for the operating license, we must. assume'that you did entertain off the record pommunications from parties to l

a proceeding for the issuance of an ouerating license

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regarding substantive matters at issue in the licensing S

l proceeding now pending before the Nuclear Regulatory l

Commission. From this assumpti~on, we cor clude your visit l

violated NRC rules on ex parte communications.

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8203100154 820305 PDR ADOCK 05000498 I

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Commissioner Thomas M.

Roberts Page Two March 5, 1982 To remedy this violation, CCANP proposes that you return to. Texas to visit in San Antonio with myself and members of the.CCANP Board of Directors. We,,of course, will give ample notice of the tim.e and place of your' visit to San

' Antonio to all parties to the operating license proceeding.

I In that same spirit, a copy of this letter is being sent i

to all parties.

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At the San Antonio meeting, representatives of CEU will be 4

invited to participate in the discussion with you. Other parties, in particular the NRC and the applicant repre-I sentatives will be welcome.as observers. An equitable:

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balance can then be achieved.

l Please inform me at your earliest convenience of a suitable f

k date for your visit to San Antonio.

For Citizens Concerned About Nuclear Pcwor, inc.,

M Lanny Sinkin 838 East Magnolia Avenue l

San Antonio, Texas 78212, 1

c.c. Members of the Commission STP Service List l

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