ML20138R825
| ML20138R825 | |
| Person / Time | |
|---|---|
| Issue date: | 10/30/1985 |
| From: | Palladino N NRC COMMISSION (OCM) |
| To: | Roisman A TRIAL LAWYERS FOR PUBLIC JUSTICE, P.C. |
| Shared Package | |
| ML20138R826 | List: |
| References | |
| NUDOCS 8511190082 | |
| Download: ML20138R825 (1) | |
Text
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l PDA ,
1 4,pV' "'W<k. UNITED STATES ;
i d o NUCLEAR REGULATORY COMMISSION j
- ;y wAsmNGTON, D. C. 20555
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- October 30, 1985 CHAIRMAN Anthony Z. Roisman, Esq.
Executive Director Trial Lawyers for Public Justice 2000 P Street, N.W.
Suite 611 Washington, D. C. 20036
Dear Mr. Roisman:
This responds to your letter of October 2, 1985, in which you and the other signatories expressed the concern that as a result of Commissioner site visits, the Commission was considering extra-judicial information in deciding whether to issue a license. You suggested that site visits are appropriate "only if all the parties are in attendance and no substantive discussions occur," and you recommended various means by which a Commissioner with substantive concerns regarding the facility could obtain the necessary information.
If the intent of your letter is to request that Commissioners be precluded from discussing even those matters that are not at issue in the operating license proceeding, such a restriction would greatly reduce the value of site visits to those Commissioners who find that a site visit is very useful. There is no legal requirement that forecloses discussions of matters that are not at issue and the Commission would not adopt such a recommendation.
The Commissioners are cognizant that although discussion of matters that are not at issue on site visits is permissible, in contested licensing cases final licensing decisions on contested issues must be based on the formal adjudicatory record.
Accordingly, site visits are conducted in a manner which ensures that the rights of the parties to a fair adjudication are preserved. While the practices of individual Commissioners vary to a limited degree, as a general proposition before a Commissioner makes a site visit, the parties to the contested adjudication are notified and invited to attend. Every reasonable effort is made to avoid discussion of contested issues during site visits. But if such issues are discussed, the parties are permitted to present their views at that time or at some other convenient time. We believe this approach fully.
protects the interests of the parties to the adjudication.
Sincerely,
,7~
cL & 't?dh $(. , t.p 851119C Nunzio J. alladino PDR cf)R E PI
- CORRESP ,
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