ML19347C575

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Staff Requirements Memo Re Open Commission 801203 Affirmation Session 80-52 & Vote on SECY-80-481 & SECY-A-80-175.Requests Proposed Amends to Proposed Rules Re Unclassified Safeguards Info Be Published in Fr
ML19347C575
Person / Time
Site: Susquehanna  Talen Energy icon.png
Issue date: 12/08/1980
From: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
To: Bickwit L, Dircks W, Kammerer C
NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA), NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO), NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
REF-10CFR9.7 M801203B, NUDOCS 8012310132
Download: ML19347C575 (3)


Text

IN RESPONSE REPLY T0: M801203B

~ f,,,oV,' r UNITED ST ^.TES NUCLEAR REGULATORY COMMISS;ON

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%*~N:,E W ASHINGT ON, D.C. 20555 J

December 8,1980 m

CFFCE OF THE 9

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SEC METARY M

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gj MEMORANDUM FOR:

Leonard Bickwit, Jr., Ges al Counsel 528

. 5; -

M William J. Dircks, Exec Dir for Operations ES!.2; lE Carlton Kammerer, Director, Congressional Aktirs 2

gE2 Joseph Fouchard, Directo, hblic Affairs y

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FROM:

Samuel J. Chilk, Secret r

SUBJECT:

STAFF REQUIREMENTS - AF TION SESSION 80-52 AND DISCUSSION

& V0TE, 2:15 P.M., WEDNE

, DECEMBER 3, 1980, COMMISSIONERS' CONFERENCE ROOM,'D. C. OFFICE (OPEN TO PUBLIC ATTENDANCE)

I.

SECY-A-80-175 - ALAB-613, In The Matter of Pennsylvania Power & Licht Co., et al.,

(Susguehanna Steam Electric Station, Units 1 & 2), Docket Nos. 50-387 CP and 50-388 CP The Comission by a vote of 4-0 approved an Order, which denies the Environmental Coalition on Nuclear Power's request that a Corrnissioner serve on a reconstituted Susquehanna Licensing Board and announces that the Comnission declines to review ALAB-613 in all other respects.

(0GC)

(Subsequently, the Order was signed by the Secretary) i II.

SECY-80-481 - Protection of Unclassified Safeguards Infonnation The Comission by a vote of 4-0 approved for publication in the Federal Reaister proposed amendments to 10 CFR Parts 2, 50, 70 and 73, as modified by 0GC memos dated 11/5/80 and 11/25/80.

The proposed amendments would require licensees and other persons to protect certain specified safeguards information against unauthorized disclosure.

The Comission requested that staff prepare a revised Federal Register Notice to reflect the modifications noted above. (NMSS)

The Comission noted that:

1.

the proposed amendments as modified are to be published in the Federal Register for public comment; (NMSS) (SECY Suspense: 12/22/80) 2.

a letter (attachment 4 to the SECY paper) is' to be sent to the Vice President of the United States, the Speaker of the House of Representatives, and the appropriate Congressional Committees; l

(0CA/NMSS) (SECY Suspense:

12/22/80) i l

3.

a public announcement will be issued when the amendments are filed l

with the Office of the Federal Register; (0PA/NMSS)(SECYSuspense:12/22/80) l l

4.

a NUREG document and a manual chapter will be prepared to provide guidance for implementing these new requirements.

(NMSS)

(SECY Suspense: 2/9/81) l 801231001-

. III. SECY-80-465 - Advance Notification of Proposed Rulemaking Concerning Design and Other Changes After CP lssuance The Commission by a vote of 4-0 approved for publication in the Federal Register an advanced notice of proposed rulemaking, as modified below.

The proposed rule would amend NRC regulations to define more clearly the limitations on a construction permit holder to make changes in a facility during construction.

The Commission requested that staff prepare a revised Federal Register Notice to include the following modifications:

  • to reflect the Commission's preference for implementation of Alternative 3 with a shift to Alternative 5 on June 1,1983;
  • to seek comment on the extent to which the rule should be applied to existing construction permit holders;
  • to restate Alternative 5 to read:

"5.

Restructure the licensing process to require that sufficient plant design details and equipment performance specifications be provided in the PSAR so that the safety analysis can be essentially a final one.

Upon review and approval, the important safety-related elements of the design would be made conditions cf the CP and could not be changed without prior Commissioner approval.

Staff review at the OL stage would then be primarily a matter of confinming that the "as built" plant conformed to the CP-stage safety analysis."

  • to allow for a 60 day comment period.

(NRR)

The Commission requested staff to submit the proposed rule, a Value-Impact Statement and Resource Analysis to the Commission within 60 days after the end of the comment period unless higher priority Commission tasks prevent it.

(Subsequently, the FRN was signed by the Secretary).

IV.

SECY-A-80-168 - Rulemaking in 10 CFR Part 2 The Commission discussed the proposed rule change' incorporating the military and foreign affairs exception of the Administrative Procedure Act into the Commission's adjudicatory procedures.

At Commissioner Bradford's suggestion the Commission rescheduled Ulis item for the next affirmation session.

. V.

SECY-80-482 - Petition for Rule Making from Public Citizen Litigation Group on Required Levels of Financial Protection The Commission discussed staff's recommendation that the petition to amend Part 140 to increase the amount of primary financial protection required of persons licensed to operate reactors with a rated capacity of 100 Mw(e) or more from

$160 to $460 be denied.

At Commissioner Gilinsky's suggestion the item was deferred to a future affirmation session.

VI.

SECY-80-472A - Revised Criteria for States The Commission discussed the proposed revised statement of policy regarding the criteria by which the NRC would discontinue its regulatory authority in Agreement States and the assumption of regulatory authority by those States.

The Commission withheld action on the subject paper.

cc:

Commissioners Commission Staff Offices Public Document Room l

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