ML19211C912

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Summary of Open NRC Affirmation Session 79-40 on 791212 in Washington,Dc Re SECY-A-79-24 & 24A & SECY-79-631
ML19211C912
Person / Time
Issue date: 12/13/1979
From: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
To: Bickwit L, Gossick L
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 8001150361
Download: ML19211C912 (1)


Text

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December 13, 1979 OFFICE OF THE SECRETARY MEMORANDUM FOR:

Lee V. Gossick, Executive Dir for Operations Leonard Bickwit Jr., General Counsel FROM:

amuel J. Chilk retary

SUBJECT:

STAFF REQUIREMENTS - AFFIRMATION SESSION 79-40, 3:15 P.M.,

WEDNESDAY, DECEMBER 12, 1979, COMMISSIONERS' CONFERENCE ROOM, D. C. OFFICE (OPEN TO PUBLIC ATTENDANCE)

I.

Prooosed Memorandum & Order in the Matter of Northern Indiana Public Service Comoany Bailly Generatino Station, Nuclear 1)

Docket No. 50-367),

(See SECY-A-79-24 & 24A) 1.

The Commission:

(a) by a vote of 4-1, with Commissioner Bradford dissenting *,

concluded that the planned use of shorter pilings than originally contemplated for the foundations of the Bailly facility does not require amendment of the Bailly construction permit and that no hearing on this matter is required as a matter of law; (b) by a vote of 3-2, with Commissioners Gilinsky and Bradford dissenting *, concluded that a discretionary hearing on this matter should not be held at this time.

(0GC/SECY)

(Subsequently, the Secretary signed the Memorandum & Order on December 12, 1979.

The Order and the separate and dissenting opinions were served on December 12,1979).

2.

The Commission unanimously agreed ** that the following instruction be transmitted to the staff:

"The Commission is concerned that at present, it is unclear precisely what design and other changes the holder of a construction permit may make during the course of construction without (a) notifying the NRC; (b) securing prior approval of the staff; and/or (c) obtaining a construction permit amendment.

The Commission requests preparation of a staff proposal by January 30, 1980, which can serve as a basis for Commission action to clarify these issues".

(ELD /NRR)

(SECYSuspense:

1/30/80)

Commissioner Bradford, in his Dissenting Views, concluded that a license anendment is reouired and that an opportunity for hearing is required as a matter of law.

Commissioner Gilinsky in a Separate Opinion, although agreeing that neither a license amendment nor a hearing is required, would have granted a hearing in this case at this time as a matter of discretion.

    • Commissioners Gilinsky & Bradford, although concurring in this instruction to the staff, would have preferred to commit the agency to a rulemaking.

1744 181 80 01130 3 5j

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L. Gossick L. Bickwit II.

SECY-79-631 - Acoroval Under Section 145(b) of the Atomic Eneroy Act of 1954, as Amended, for Emoloyment of Gary F. Sanborn as a Public Affairs Officer, Office of Public Affairc and for Access to National Security Information and Restricted Data The Commission, by a vote of 5-0, detemined pursuant to Section 145(b) of the Atomic Energy Act of 1954, as amended, that the employment of Gary F. Sanborn as a Public Affairs Officer, Office of Public Affairs, and permitting Mr. Sanborn access to National Security Information and Restricted Data, is clearly consistent with the national interest.

Based on this determination, the Commission granted Mr. Sanborn an NRC "Q" access authorization, pending completion of his processing for NRC access authorization.

(ADM)

Chaiman Ahearne Commissioner Gilinsky Commissioner Kennedy Commissioner Hendrie Commissioner Bradford Commission Staff Offices 1744 182

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i THRU.(DQ1 - !,amuel J. Chilk, Secretary ef, Correspondence & Records Branch FROM:

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SUBJECT:

INGS, UuudtR l-DECEMBER 14, Attached are two copies of the subject memoranda for placement in the Public Document Room.

Attachments:

As stated cc:

Director, State Programs 1744 183