ML20004E030
| ML20004E030 | |
| Person / Time | |
|---|---|
| Issue date: | 05/29/1981 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Bickwit L NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| REF-10CFR9.7 M810526, NUDOCS 8106100638 | |
| Download: ML20004E030 (1) | |
Text
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IN RESPONSE, PLEASE P.EFER T0: M810526
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UNITED STATES
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May 29, 1981 I
OFFICE OF THE SECR ETARY
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MEMORANDUM FOR: LeonardBickwit,Jr., Gen,er% Counsel I
FROM:
Samuel J. Chilk, Secretarv
SUBJECT:
STAFF REQUIREMENTS - DISQUSSION OF REVISED LICENSING PROCEDURES, 2:05 P.M., TUESDAY, MAY 26, 1981, COMMISSIONERS' CONFERENCE ROOM, D.C. OFFICE 'i(OPEN TO PUBLIC ATTENDANCE) 1.
SECY-81-304 - Proposed Rule Change on Adjudicatory Boards' Authority to Raise issues Sua Sponte The Comission discussed the subject paper and was unable to reach a majority position. The Commission requested OGC to consider the desir-ability of publishing a Federal Register Notice which would request comment on the subject paper proposal and an alternative proposal which would require notification but no fifteen-day period.
II. SECY-81-310 - Final Rule Amending Part 2 The Commission discussed the subject paper and made revisions on a page-by-page basis without reaching a final decision.
Commissioner Gilinsky indicated that he would prepare revised language for page 9 of the attach-ment to the subject paper.
III. SECY-81-311 - Proposed Rule Amendino Part 2 l
The Commission discussed the subject paper and made revisions on a page-l by-page basis without reaching a final decision. The Commission requested l
that the attached proposed changes be included in the FRN as an alternative.
Chairman Hendrie noted that the Commission would further discuss the paper and consider an 0GC suggestion that the standard for the Board to require staff response to interrogatories be revised to provide a lax standard for the first 50 and a very stiff standard for any additional interrogatories.
The Commission will also continue discussion of SECY-81-310 at that time.
Attachment:
As Stated l
I cc: Chairman Hendrie Comnissioner Gilinsky Ccmmissioner Bradford Comissioner Ahearne Commission Staff Offices Public Document Room 83061oo&st
v The Commission would also like comments on the following alternative:
In 12.714(b), number the Commission's proposed change (b)(1) and add:
(2) A contention shall not be a6nitted for hearing if the documents and other information submitted fail to demonstrate that there is a genuine issue of material fact to be heard.
In particular, failure to make such a submission or vagueness of the contention is sufficient ground for rejection.
(3)
In making the decision as to whether a genuine issue of material fact exists, the technical members of the Boards may use their technical knowledge to judge the merit of the contention.
(4) A contention raising only an issue of law shall be decided on the basis of briefs or oral argument in accordance with procedures to be established by the Board.
(5) A contention shall not be admitted if the facts asserted are legally insufficient to support the contention or if the contention is immaterial or irrelevant tc the proposed action which is before the Board.
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