ML20041E398

Advises That Commissioner Roberts 820126 Meeting W/Dean Oneill & Other UCLA Officials Was Courtesy Call W/No Discussion of Contested Issues.Visit Violated No Restriction on Ex Parte Communications

ML20041E398
Person / Time
Site:	05000142
Issue date:	02/25/1982
From:	Bickwit L NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Voorlas W AFFILIATION NOT ASSIGNED
Shared Package
ML20041E400	List: ML20041E398 ML20041E408
References
NUDOCS 8203100470
Download: ML20041E398 (1)

Text

!

• • • Mhe%,k, UNITED STATES

["-

"g NUCLEAR REGULATORY COMMISSION g

j WASHINGTON, D. C. 20555 g./qb i

\\..../

February 25, 1982 2

2 M4R Mr. William C. Voorlas

.' Name, Of kb.'

i 2110 Overland Avenue V

amus, anang i

Los Angeles, California 90025

Dear Mr. Voorlas:

t

.~

6 This is in response to your expressed concern a alleged illegal ex parte communications between UCLA officials and NRC CommissioHer Roberts during Commissioner Roberts' visit to the UCLA research reactor facility on January 26, 1982.

I have reviewed the situation, based on the attached Memorandum to File prepared by Ms. Jessica Laverty, Commissioner Roberts' legal assistant, and conclude that the visit violated no restriction on ex parte communications.

The expressed concern, as I understand it, focuses on Commissioner Roberts' meeting with certain UCLA officials, including Dean O'Neill, prior to meeting with intervenor's representatives for the scheduled tour of the facility.

There can be no violation of legal ex parte restraints unless some evidence, argument, or other information regarding a contested matter is transmitted off the record to an adjudicatory decisionmaker.

5 U.S.C.

S 557(d); 10 CFR S 2.780.

The meeting with Dean O'Neill and other UCLA officials was purely a courtesy call and there was no discussion of any contested issues.

Accordingly, there can be no ex parte violation.

For the same reason, there can be no denial of due process to intervenors.

I would note that intervenor was given advance notice of Commissioner Roberts' visit by the Commissioner's staff, and representatives of intervenor were invited to accompany him on the visit.

This hardly bespeaPs of an intention by the Commissioner to take any unfair advantage.

(

Sincerely, 6

Leonard Bickwit, Jr.

General Counsel

Attachment:

Laverty memo I

l 8203100470 820225 j

PDR ADOCK 05000142 l

H PDR

,