ML15280A193

10-02-15 Letter to Charlie Donaldson Assistant Attorney General, State of Ny from Annette Vietti-Cook on the Director'S Decision DD-15-08

ML15280A193
Person / Time
Site:	Pilgrim, Vermont Yankee, FitzPatrick  File:NorthStar Vermont Yankee icon.png
Issue date:	10/02/2015
From:	Annette Vietti-Cook NRC/SECY
To:	Donaldson C State of NY, Office of the Attorney General
Scott, Cathy, OGC
Shared Package
ML15265A063	List: ML15265A062 ML15280A193
References
DD-15-08, LTR-15-0470
Download: ML15280A193 (1)

Text

October 2, 2015 Mr. Charlie Donaldson, Assistant Attorney General Office of the Attorney General State of New York 120 Broadway 26th Fl.

New York, NY 10271-0332

Dear Mr. Donaldson:

On August 27, 2015, the Director of the Office of Nuclear Reactor Regulation issued Directors Decision DD-15-08. On September 22, 2015, the Commission received your letter dated September 18, 2015, in which you requested that the Nuclear Regulatory Commission (NRC)

Commissioners affirmatively exercise their supervisory oversight of the Commissions staff, initiate a formal review of the Decision, vacate the Decision, and direct further staff action. You also requested that the Commission direct the staff to post certain documents on the public Agencywide Documents Access and Management System (ADAMS) promptly.

The NRC regulations provide that, within 25 days after the date of the Directors Decision, the Commission may on its own motion review that decision, in whole or in part, to determine if the director has abused his discretion. Review is at the discretion of the Commission; no petition or other request for Commission review of a Directors Decision will be entertained by the Commission (See Title 10 of the Code of Federal Regulations Section 2.206(c)(2)). Therefore, to the extent that you request that the Commission undertake a formal review of DD-15-08, your request is denied.

The Commission has determined not to undertake a formal review of the Directors Decision in this matter. Accordingly, the decision became final agency action on September 23, 2015.

With respect to your request that certain documents be made publicly available in ADAMS, the May 22, 2014, letter from former Chairman Macfarlane to Senator Markey and Senator Sanders have not been made publicly available in that they contain pre-decisional deliberative process information. Your April 29, 2015, comments concerning the proposed Directors Decision are now in ADAMS and may be publicly accessed under accession number ML15268A260.

Sincerely,

/RA/

Annette L. Vietti-Cook

October 2, 2015 Mr. Charlie Donaldson, Assistant Attorney General Office of the Attorney General State of New York 120 Broadway 26th Fl.

New York, NY 10271-0332

Dear Mr. Donaldson:

On August 27, 2015, the Director of the Office of Nuclear Reactor Regulation issued Directors Decision DD-15-08. On September 22, 2015, the Commission received your letter dated September 18, 2015, in which you requested that the Nuclear Regulatory Commission (NRC)

Commissioners affirmatively exercise their supervisory oversight of the Commissions staff, initiate a formal review of the Decision, vacate the Decision, and direct further staff action. You also requested that the Commission direct the staff to post certain documents on the public Agencywide Documents Access and Management System (ADAMS) promptly.

The NRC regulations provide that, within 25 days after the date of the Directors Decision, the Commission may on its own motion review that decision, in whole or in part, to determine if the director has abused his discretion. Review is at the discretion of the Commission; no petition or other request for Commission review of a Directors Decision will be entertained by the Commission (See Title 10 of the Code of Federal Regulations Section 2.206(c)(2)). Therefore, to the extent that you request that the Commission undertake a formal review of DD-15-08, your request is denied.

The Commission has determined not to undertake a formal review of the Directors Decision in this matter. Accordingly, the decision became final agency action on September 23, 2015.

With respect to your request that certain documents be made publicly available in ADAMS, the May 22, 2014, letter from former Chairman Macfarlane to Senator Markey and Senator Sanders have not been made publicly available in that they contain pre-decisional deliberative process information. Your April 29, 2015, comments concerning the proposed Directors Decision are now in ADAMS and may be publicly accessed under accession number ML15268A260.

Sincerely,

/RA/

Annette L. Vietti-Cook