ML20002B308

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Ack Receipt of Re Visit to Cumberland School of Law & Univ.Staff Guidance Documents,Including Reg Guides & Srps,Are More Detailed than Regulations & Have Strong Influence on Licensee Actions,But Do Not Have Force of Law
ML20002B308
Person / Time
Issue date: 11/20/1980
From: Hendrie J
NRC COMMISSION (OCM)
To: Manning R
SAMFORD UNIV., CUMBERLAND SCHOOL OF LAW, BIRMINGHAM
Shared Package
ML20002B309 List:
References
NUDOCS 8012110318
Download: ML20002B308 (1)


Text

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UNITED STATES

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November 20, 1980 OFFICE OF THE COMMES$ LONE R R. Kenneth Manning, Jr.

Professor of Law Cumberland School of Law g'd>,

Samford University id 800 Lakeshore Drive E.,

{gm Birmingham, Alabama 35229 iA; 7

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Dear Professor Manning:

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Thank you for your letter of November 14th.

I enjoyed rny visit to th'e Cumberland School of Law and Samford University.

With regard to the two points you raise, the first concerns my remarks about the NRC's regulations.

The NRC regulations are established under our Atomic Energy Act authorities and by rulemaking procedures consistent with the Administrative Procedures Act.

The regulations are published in Chapter 10 of the Code of Federal Regulations and have the full force of Federal law.

I said this in my lecture.

I believe you mistook nty remarks about the staff guidance documents, which I said are not laws, to apply to the regulations.

The staff documents, which include the Regulatory Guides, the Standard Review Plan, and assorted other reports, are published by the staff to explain the staff's view on how the regulations may be implemented.

The staff guidance documents are much more detailed than the regulations and obviously have a strong influence on licensee actions, but they are not rules in the APA sense and do not have the force of law.

On your second point, I think it quite possible for you to have an assignment here next summer.

We have a program entitled the " Summer Faculty Program" which seems to fit your interests.

I have asked nly Administrative Assistant, Mr. William Dorie, to write you about the program and send some of the necessary forms.

Sincerely, l

bd C Joseph h Hendrie Commissioner

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