ML19330C478
| ML19330C478 | |
| Person / Time | |
|---|---|
| Issue date: | 06/30/1980 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | OFFICE OF THE FEDERAL REGISTER |
| References | |
| FRN-45FR45256, RULE-PR-2 NUDOCS 8008080413 | |
| Download: ML19330C478 (1) | |
Text
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NUCLEAR REGULATORY COMMISSION WASHIN GTON, D.C. 20555 h, *-
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nics or me June 30,1980 SECRETAR Y
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Director Office of the Federal Register National Archives and Records Service Washington, D.C.
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Dear Sir:
Enclosed fo'r publication in the Federai Register are an original and two certifiea copies 6Fi~d6cument entitled:
- 'i-10 CFR Part 2 s
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AMENDMENT TO PROVIDE EXCEPTION-FROM PROCEDURAL RULES FOR ADJUDICATI'ONS
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INVOLVING CONDUCT OFTIL;ITARY',0R FOP,EIGN~ AFFAIRS FUNCTIONS
'! Please publish on Thursday, Jaly 3,1980.
t i; This material is to be charged to requisition number F-131.
l li Siraerely, l
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Samuel J. Chilk Secretary of. the Commissioti
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Enclosures:
- ' ' Original & 2 certified copies 4
,y bec:
Records Facility Branch Office of Public Affairs Executive Legal Director Office of Congressional Affairs
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r,y Office of the General Counsel SECY - C&R Branch y'lI 3
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NUCLEAR REGULATORY COMMISSION
[10 CFR Part 2]
AMENDMENT TO PROVIDE EXCEPTION FROM PROCEDURAL RULES FOR ADJUDICATIONS INVOLVING CONDUCT OF MILITARY OR FOREIGN AFFAIRS FUNCTIONS l
AGENCY:
U.S. Nuclear Regulatory Commission ACTION:
Immediately Effective Final Rule
SUMMARY
The Commission is amending its " Rules of General Applicability" for the conduct of adjudicatory proceedings in 10 CFR Part 2 to provide an exception from those rules for adjudica-
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tions involving the conduct of military or foreign affairs functions.
The amendment permits the Commission to exercise greater flexibility within due process limits in fashioning procedures for proceedings involving military or foreign affairs functions.
The amendment involves the conduct of military or foreign affairs functions and is thereby exempt from the notice of proposed rulemaking and deferred effectiveness provisions of S 553 of the Administrative Procedure Act (APA).
It is also exempt from these provisions as an interpretative rule and a rule of agency procedure.
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SUPPLEMENTARY INFORMATIdN:
The Commission is amending its rules governing procedures for adjudications in subpart G of 10 CFR Part 2 to provide an exception from those procedures for proceedings to the extent that there is involved the conduct of military or foreign affairs functions.
This rule change has developed from the Commission's consid-eration of Natural Resources Defense Council's February 6, 1980 request for a hearing in the matter of a proposed amendment to the special nuclear materials license "of Nuclear Fuel Services at
. Erwin, Tennessee.
The Commission has been reflecting on whether the public interest would be better served by a legislative type hearing in light of the fact that sensitive issues and basic regulatory policy questions involving the conduct of military functions may'be bound up in the adjudication of this matter.
Because there have previously been no NRC hearings involving the conduct of military functions, the Commission has not specific-ally addressed such hearings in its rules.
However, the Adminis-trative Procedure Act (APA) provides for just such an exception as the Commission proposes.
5 U.S.C. S 554 entitled " Adjudications" provides in rslevant part:
(a) This section applies, according to the provisions thereof, in every case of adjudication required by statute to be determined on the record after opportun-ity for an agency hearing, except to the extent that there is involved -
(4) the conduct of military or foreign affairs functions.
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