M111012, SRM-M111012A-Affirmation Session: I. SECY-11-0013. SECY-11-0013A (Diablo Canyon) Applicant Appeal, Brief and NRC Staff Petition Re LBP-10-15; Ii. SECY-11-0081 Shieldalloy Metallurgical Corp. Site Comm. Decision from Court of Appeals

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SRM-M111012A-Affirmation Session: I. SECY-11-0013. SECY-11-0013A (Diablo Canyon) Applicant Appeal, Brief and NRC Staff Petition Re LBP-10-15; Ii. SECY-11-0081 Shieldalloy Metallurgical Corp. Site Comm. Decision from Court of Appeals
ML112850172
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 10/12/2011
From: Bates A L
NRC/SECY
To: Burns S G, Poole B D
NRC/OCAA, NRC/OGC
References
M111012A, SECY-11-0013 SRM-M111012A
Download: ML112850172 (2)


Text

IN RESPONSE, PLEASE REFER TO: M111012A

October 12, 2011

MEMORANDUM FOR: Brooke Poole, Director Office of Commission Appellate Adjudication

Stephen G. Burns General Counsel

FROM: Andrew L. Bates, Acting Secretary of the Commission /RA/

SUBJECT:

STAFF REQUIREMENTS - AFFIRMATION SESSION, 8:55 A.M., WEDNESDAY, OCTOBER 12, 2011, COMMISSIONERS' CONFERENCE ROOM, ONE WHITE FLINT NORTH, ROCKVILLE, MARYLAND (OPEN TO PUBLIC ATTENDANCE)

I. SECY-11-0013/SECY-11-0013A - Pacific Gas and Electric Company (Diablo Canyon Nuclear Power Plant, Units 1 and 2), Applicant's Notice of Appeal, Brief in Support of Appeal, of LBP-10-15 (Aug. 16, 2010); NRC Staff's Petition for Interlocutory Review of Atomic Safety and Licensing Board Decision (LBP-10-15) Admitting an Out of Scope Safety Contention and Improperly Recasting an Environmental Contention (Aug. 19, 2010); Certified Question and Referred Ruling in LBP-10-15 (Aug. 4, 2010)

The Commission approved a Memorandum and Order responding to an appeal by Pacific Gas &

Electric Company, the NRC Staff's petition for interlocutory review, the San Luis Obispo Mothers for Peace petition for waiver, and matters certified and referred by the Board in LBP-10-15. The Memorandum and Order affirms in part and reverses in part the Board

=s decision and denies the waiver petition.

(Subsequently, on October 12, 2011, the Acting Secretary signed the Memorandum and Order.)

II. SECY-11-0081 - Shieldalloy Me tallurgical Corporation Site (NRC-NJ Section 274 Agreement) - Commission Decision from Court of Appeals

The Commission approved a Memorandum and Order responding to a judicial remand that would reinstate New Jersey's agreement-state authority over the decommissioning of the Newfield, New Jersey site owned by Shieldalloy Metallurgical Corporation. The Memorandum and Order reinstates the transfer of NRC's regulatory authority over the Newfield site to New Jersey.

(Subsequently, on October 12, 2011, the Acting Secretary signed the Memorandum and Order.)

cc: Chairman Jaczko Commissioner Svinicki Commissioner Apostolakis Commissioner Magwood Commissioner Ostendorff EDO CFO OCA OIG OPA Office Directors, Regions, ACRS, ASLBP (via E-Mail)

PDR