ML20214N264

Summarizes 870414 Telcon Between Congressman Gj Hochbrueckner & Author Re Procedural Aspects of How Lilco Request for 25% License Would Be Handled.Request Received on Date of Telcon & Not Yet Reviewed.Served on 870522

ML20214N264
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	05/22/1987
From:	Zech L NRC COMMISSION (OCM)
To:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
References
CON-#287-3593 OL, NUDOCS 8706020120
Download: ML20214N264 (2)

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+ UNITED STATES l' NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 , yg, 3

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• • • • • Pay 22,1987 CHAIRMAN 87 MAY 22 All:24 0FF:L-00Cht:.- ..

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i .' r f MEMORANDUM FOR: Samuel J. Chilk SERVED MAY 22 g Secretary of the Comission Lando W. Zech, Jr. W- (

• FROM:

SUMMARY

OF CONVERSATION WITH CONGRESSMAN H0CHBRUECKNER The following is a sumary of an April 14, 1987 telephone conversation between Congressman George J. Hochbrueckner and myself.

Congressman Hochbrueckner was concerned primarily with the procedural ~

aspects of how the LILC0 request for a 25% license would be handled. I explained that the request had been received that very day and that the Commission had not yet reviewed it. I indicated that the request was with the General Counsel's office and that 0GC eventually would recommend a course of action on the request to the Commission. The Congressman then reiterated several of the points he had made at the Comission's February 24, 1987 public meeting on the proposed emergency planning rule change. He also discussed alternative sources of power for LILC0 customers, i.e. that LILC0 customers would have plenty of power without Shoreham if garbage was burned as a source of power. The Congressman also asserted that LILC0 must have had some signal that the Comission would approve the 25% request, or else it wouldn't have made the request.

10 CFR 2.780(c) prohibits oral ex parte communications, and prescribes that where sucn communications occur, the recipient is to place in the PDR and to serve on the parties and the communicator a summary of the communication. It does not appear to me that discussions of the procedural status of a motion would amount to ex parte contact requiring notification to the parties to Shoreham proceeding. Also, I originally did not consider the reiteration of points made at our public meeting to be of an ex parte nature. However, I now understand that the parties' filings on the 25%

request have raised the issue of whether the license is needed. Thus, the conversation might be viewed by some as an ex parte communication to the i extent that it concerned alternative power sources for LILC0 customers.

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8706020120 870522 PDR ADOCK 05000322 G PDR i

Accordingly, to ensure compliance with 5 2.780(c), please place this memorandum in the PDR and serve it on the parties to the Shoreham proceeding and on Congressman Hochbrueckner. Also, to ensure the completeness of the record of our proposed emergency planning rule (52 Fed.

Reg. 6980), please place this memorandum in that record, cc: Commissioner Asselstine Commissioner Bernthal Commissioner Carr 0GC SECY u

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