ML19308C693
| ML19308C693 | |
| Person / Time | |
|---|---|
| Issue date: | 12/28/1979 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Fouchard J, Gossick L, Kammerer C NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA), NRC OFFICE OF PUBLIC AFFAIRS (OPA), NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML19308C676 | List: |
| References | |
| REF-10CFR9.7 SECY-79-484, SECY-79-514, NUDOCS 8002010139 | |
| Download: ML19308C693 (2) | |
Text
i
["'
b g
UNITED STATES
- :' i NUCLEAR REGULATORY COMMISSION
..j-i WASH W GTON. D.C. 20555 NcPr/
December 28, 1979 CFWICE OF THE SECRETARY MEMORANDUM FOR:
Lee V. Gossick, Executive Director for Operations Carlton Kammerer, Director,
~
Congressional Affairs Joseph J. Fouchard, Director Public Affairs h
l FROM:
Samuel J. Chilk, Secretary s
o 3
SUBJECT:
STAFFREQUIREMENTS-AFFIFffg0NSESSION 79-42, 3:00 P.M.,
THURSDAY, DECEMBER 27, 1979, COMMISSIONERS' CONFERENCE ROOM, D. C. OFFICE (OPEN T0 PUBLIC ATTENDANCE)
I.
SECY-79-484 - Deleaation of Authority to the Director of NMSS to Acorove Actions Under Public Law 95-604 (CONSENT CALENDAR ITEM)
The Commission, by a vote of 4-0*, delegated to the Director, NMSS, the authority, pursuant to Title I of the Uranium Mill Tailings Radiation Control Act of 1978, to provide advice, consultation, and concurrence as required in all aspects of Department of Energy actions implementing Title I to prevent or minimize hazards associated with designated in-active mill tailings sites.
With his approval, Commissioner Bradford requested that he be kept informed of any remedial action approved by NMSS that does not meet the proposed uranium milling regulations.
(NMSS)
The Commission requested that SECY prepare the appropriate delegation of authority for the Chairman's signature.
II.
SECY-79-514 - Procosed Amendments to 10 CFR Part 2 Concernino Discioline in Adjudicatory Proceecings (COMMIS$10NER ACTION ITEM)
The Commission,** with all Commissioners approving in part, has approved the proposed amendments for publication in the Federal Register, subject to the following modifications:
1.
Section 2.713(c)(1) should be revised to read as follows:
"A presiding officer, an Atomic Safety & Licensing Appeal Board or the Commission may, if necessary for the orderly conduct of a proceeding, reprimand, censure or suspend from participatation in the particular proceeding pending before it any party or representative of a party who shall refuse to comply with its directions, or who shall be guilty of disorderly, disruptive, or contemptuous conduct."
- Although not in attendance, Commissioner Gilinsky had previously indicated his approval of this celegation of authority.
- Although not in attendance, Commissioner Gilinsky had previously indicated his approval in part of the proposed amendments.
80U2010 h f
I r
i 2.
Insert the following sentence into Section 2.713(c)(3), before the sentence starting "Such hearing...":
"In such event, tb: officer before whom the matter is to be heard shaii determine the procedure to be followed and who shall present evidence."
3.
The following language should be added to Section 2.713(c)(3):
"In the case of an attorney, if the suspension is upheld at the conclusion of the appeal, the Appeal Board or the Commission, as appropriate, shall notify the State bar(s) to which the attorney is admitted.
Such notification shall include copies of the order of suspension, briefs of parties, and the decision of the Appeal Board or Commission."
Commissioner Bradford would have preferred to add the following:
"Section 2.713(d) General Suspension from Accearance.
The Commission may deny temporarily or permanently the privilege of appearing or practicing before it in any way to any person who is found by the Commission after notice of an opportunity for hearing in the matter to have engaged in (unethical or) seriously improper conduct in one or more NRC proceeding."
Commissioners Gilinsky and Bradford did not concur in Item 2 above.
The staff is requested to modify the proposed amendment for publication in the Federal Register.
(ELD)
(SECY Suspense:
1/11/80)
The Commission requested that:
a.
a notice of proposed rulemaking be published in the Federal Register allowing 45 days for public comment; b.
a press release be issued; (0PA) c.
the appropriate Congressional Committees be informed.
(OCA) cc:
Chairman Ahearne Commissioner Gilinsky Commissioner Hendrie Commissioner Bradford Commission Staff Offices