ML20005C111

Requests That Commission Formally Agree to Ctr Position in 8111109 Ltr Re Deteriorating Operating Condition of Facility & Rescind 811105 Directors'S Decision Under 10CFR2.206.Ltr Never Intended as Legal Pleading

ML20005C111
Person / Time
Site:	Turkey Point
Issue date:	11/12/1981
From:	Lorion J CENTER FOR NUCLEAR RESPONSIBILITY
To:	Harold Denton Office of Nuclear Reactor Regulation
References
NUDOCS 8111180404
Download: ML20005C111 (3)

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?o? O CENTER FOR NUCLEAR RESPONSIBILITY November 12, 1981 CERTIFIED MAIL: RETURN RECCIPT REQUESTED f_. q Mr. Harold Denton h si Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555

Dear Mr. Denton,

As to my letter on behalf of the Center f.r Nuclear Responsibility dated November 9, 1981, I wish to reiterate our position that the letter to the Commission dated September 11, 1981, concerning the operating condition of Turkey Poitat. Unit #4 was merely advisory, having presented.no legal arguments and without representation of counsel, and was not intended to be a formal legal pleading under 10 CFR 2.206 of the Commission's Regulations.

On November 10, 1981, I registered'our position telephonically with Richard Levi in the Office of General Counsel, and asked that the Commission rescind the Director's Decision Under 10 CFR 2.206 dated November 5, 1981. Mr. Levi said that he would inform the Commission of our concern, but advised me that our letter and the Director's Decision was under consideration by the Commission as I a formal legal petition under 10 CFR 2.206. I wish to formally note our exception to this in' equitable and improper treatment of our factual and advisory . letter as a formal legal pleading, since this was not intended on our part and our rights are impaired

! by not naving had the opportunity to be represented by counsel.

( I would also like to bring it to the Counission's attention that if the Center for Nuclear Responsibility had intended to file a i legal petition on Turkey Point Unit #4, we would have presented i a legal as well as factual case, and would have been represented

! by counsel. As this was not the case, I hereby request that the l

Comatission formally agree to the position of CNR outlined in our letter of November 9,1981, and ask that the Commission rescind the Director's Decision Under 10 CFR 2.206 .

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p Nuclear Regulatory Commission page 2 November 12, 1981 Furthermore, if the Commission persists in looking at our September lith advisory letter as a formal legal pleading and decides not to rescind the Director's Decision, please advise us of this position at the earliest possible time, so that we can enlist the aid of counsel since future legal action may be required to protect the position of the Center for Nuclear Responsibility. <

In closing, we would like to stress the fact that outside of the legal arguments, the reality is that Turkey Point Unit #4 is rapidly i deteriorating and the time is fast approaching whan this nuclear unit will not be acceptably safe. The public health and safety of the people of Miami must be a concern to,the Commission.

Respectfully yours, JO@L botion Joette Lorion i

' Research Director Center for Nuclear Responsibility IL

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Mr. Robert Lowenstein, Esquire Lowenstein,Newman, Reiss and Axlerod 1025 Connecticut Avenue NW Suite 1214 Environmental and Urban Affairs Library Florida International University Tamiami Trail Miami, Florida 33199 Mr. Norman Coll Esquire Steel Hector and Davis 1400 Southeast First National Bank Miami, Florida 33131 Mr. Jack Shreeve Office of the Public Counsel Room 4 Holland Building Tallahassee, Florida 32304 Martin Hodder Esquire 1131 NE 86 Street Miami, Florida 33138 Robert Pollard Union of Concerned Scientists 1725 I Street NW Washi.jton, D.C. '0006 Dr. Gordon Edwards Canadian Coalition for Nuclear Responsibility CP 236 Succursale Snowdon Montreal, Quebec H3X 3T4 l

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