ML19211C860
| ML19211C860 | |
| Person / Time | |
|---|---|
| Issue date: | 10/18/1979 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Bickwit L, Gossick L, Rathbun D NRC OFFICE OF POLICY EVALUATIONS (OPE), NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO), NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| Shared Package | |
| ML19211C854 | List:
|
| References | |
| REF-10CFR9.7 NUDOCS 8001150141 | |
| Download: ML19211C860 (2) | |
Text
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[~ UCLEAR REGUCATORY COMMISSIL...
UNITED s7ATES
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October 18, 1979 (REVISED)
OFFICE OF THE SECR ETARY FIM0RANDUM FOR:
Lee V. Gossick, Executive Director for Operations Leonard Bickwit, Jr., General Counsel Dennis Rathbun, Acting Dig or, OPE Samuel J. Chilk, Secreth FROM:
SUBJECT:
STAFF REQUIREMENTS - DISchlj iUN OF PETITIONS SEEKING LEAVE TO INTERVENE IN A H5 MING ON PHILIPPINE APPLICATIONS, 9:40 A.M., WEDNESDAY, OCTOBER 10, 1979, COMMISSIONERS' CONFERENCE ROOM, D.C. OFFICE (OPEN TO PUBLIC ATTENDANCE)
The Comission discussed legal and procedural aspects of intervention in the Philippine applications.
The Commission:
1.
by a vote of 4-0,* denied the request for oral argument at the discussion session on the question of whether a hearing is necessary in the matter; (0GC/0PE) 2.
by a vote of 4-0,** agreed that there would be a written proceeding in the matter; (CGC/0PE) 3.
by a vote of 3-2,***
chose for the scope of the proceeding to solicit comments from all concerned parties on procedural and jurisdictional issues and, after reviewing these coments, to determine NRC jurisdiction and issue a second Order requesting views on substantive issues raised by the Philippine applications falling within the Comission's jurisdiction; (0GC/0PE) 4.
by a vote of 4-1,**** requested that the reactor application (XR-120) and the application for components for the reactor (XCOM-013) be consolidated into one proceeding with scope and format as in 2 and 3 above; (0GC/0PE)
Comissioner Kennedy was not present.
Although not participating in this vote, Comissioner Kennedy indicated that he saw no pressing need for a proceeding.
Chairman Hendrie and Commissioner Ahearne would have preferred the issuance of a single Order soliciting public views on the jurisdictional issue and "all other issues" raised by the Philippine applications.
- Chairman Hendrie would have preferred the consolidation of the reactor, component and fuel applications.
Coninissioner Kennedy indicated that while he agreed with the consolidation of the reactor and component applications, he was not persuaded that consolidation of the fuel application as well was appropriate, and therefore opposed it.
'1744 139 8 001150I4,+)
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J The Co mission requested:
5.
that OGC draft a Notice of Hearing for Comission review, laying out the scope of the proceeding along the lines cf 2 and 3 above; (OGC/0PE) 6.
that the staff transmit through the Department of State to the Philippines Refulatory Agency the allegations brought to the attention of the Comission on the reactor for export to the Philippines; (IP) 7.
that OGC and ELD examine whether referral of these allegations to the Department of Justice is warranted, and if i,t is, that these allegations be transmitted to 0IA for referral to the Department of Justice.
(OGC/ ELD) (SECY Suspense:
10/19/79)
' cc:
Chairman Hendrie Comissioner Gilinsky Comissioner Kennedy Comissioner Bradford Comissioner Ahearne Director, OCA Cirect:r, OPA Director, OIA 1744 140
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