ML20009B442

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Staff Requirements Memo Re Commission 810629 Affirmation Session 81-26 Concerning SECY-81-373 & SECY-81-335.Amend Approved for Publication in Fr to Permit Secretary to Issue Orders to Redirect Pleadings W/O Commission Affirmation
ML20009B442
Person / Time
Issue date: 06/30/1981
From: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
To: Bickwit L, Dircks W
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO), NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
REF-10CFR9.7 M810629A, NUDOCS 8107150459
Download: ML20009B442 (2)


Text

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IN RESPONSE REFER TO

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,,%'o UNITED STATES M810629A NUCLEAR REGULATORY COMMISSION 3p L

,g' WASHINGTON, D.C. 20655 June 30, 1981 D

d) vP pib OFFICE OF THE -

O stCnsTAny g&

MEMORANDUM FOR:

William J. Dircks, Executive Director for Operations Leonard Bickwit, Jr., Gen r 1 Counsel FROM:

Samuel J. Chilk, Secret

SUBJECT:

STAFF REQUIREMENTS - AFF:

TION SESSION 81-26, 2:15 P.M.,

MONDAY 4' UNE 29, 1981, COMMISSIONERS' CONFERENCE OOM, D.C.

OFFICE (OPEN TO PUBLIC ATTENDANCE)

I.

SECY-81-373 - PROPOSED ADDITION TO THE SECRETARY'S AUTHORITY TO RULE ON MISFILED PLEADINGS UNDER 10 CFR l.772 (Rulemaking Issue)

The Commission, by a vote of 3-0*,

approved for publication in tlie' Federal Register an amendment to 10 CFR 2.772 to permit the Secretary to issue orders, without Commission affiration, to redirect pleadings erroneously filed by the Commission to the appropriate board.

All Commissioners agreed with the modifications proposed by Commissioners Gilinsky and Ahearne.

(OGC)

(Subsequently, the Federal Register E : ice was signed by the Secretary.)

Section 201 of the Energy Reorganization Act, 42 U.S.C.

35841, providen that action of the Commission shall be determined by a " majority vote of the members present."

Commissioner Ahearne was not present when this item was affirmed, but had previously indicated that he would approve this item.

Had Commissioner Ahearne been present, he would have affirmed his prior vote.

Accordingly, the formal vote of the Commission was 4-0 in favor of the amendment.

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,1 II.

SECY-81-335-- 10 CFR PART161

  • LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE" (Rulemaking Issue) i The Commission,~by a Vote of 3-0* approved for publication in the Federal Register, as modified by Commissioner Bradford's memo of 6/25/81, a proposed rule on Licensing Requirement for J.and Disposal of Radioactive Waste.

The modification at page 85, subsection 5, should read as follows:

" (5).

Waste must not contain, or be capable of generating, quantities of toxic gases, vapors, or fumes harmful to persons transporting,

.t handling, or disposing of the waste."

(NMSS)

(SECY Suspense:

7/17/81)

The Commission also approved:

a.

staff's conclusions set forth in Enclosure B, which provides the analysis called for by the Periodic and Systematic Review of the Regulations.

(NMSS)

(SECY Suspense:

7/17/81) b.

a certification that the rule will not have a significant nconomic impact on a substantial number of small entities.

(ADM)

The Commission requested that:

a.

a Draft Environmental Impact Statement will be published concurrently with the approval of the publication of the proposed rule.

(NMSS)

(SECY Suspense:

7/17/81) i b.

a detailed staff analysis of public comments on the Advance Notice of Proposed Rulemaking be contained in the Draft Environmental Impact Statement.

(NMSS)

(SECY Suspense:

7/17/81) i c.

appropriate Congressional Committees be informed.

(OCA/NMSS)

(SECY Suspense:

7/17/81) cc:

Chairman Hendrie Commissioner Gilinsky Commissioner Bradford Commissioner Ahearne Commission Staff Offices PDR Section 201 of the Energy Reorganization Act, 42 U.S.C.

B5841, provides that action of the Commission shall be determined by a " majority vote of the members present."

Commissioner Ahearne was unavailable to participate when this item was affirned.

Accordingly, the formal vote of the. Commission was 3-0 in favor of the proposed modification.

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