ML20010J421
| ML20010J421 | |
| Person / Time | |
|---|---|
| Issue date: | 09/15/1981 |
| 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) |
| Shared Package | |
| ML20010J419 | List: |
| References | |
| REF-10CFR9.7 M810910B, NUDOCS 8110050014 | |
| Download: ML20010J421 (4) | |
Text
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UNITED STATES M810910B
' Tt, NUCLEAR REGULATORY COMMISSION f
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. W ASHINGTON, D.C. 20555 k,,, #
September 15, 1981 7
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CFFICE OF THE SECRETARY
. MEMORANDUM FOR:
William J.
Dircks, Executive Director for Operations Leonard Bickwit, Jr.,
Gen L1 Counsel FROM:
Samuel J..Chilk, Secret
SUBJECT:
STAFF REQUIREMENTS - AFfIR. TI'ON SBSSION 81-33, 4:05 P.M.,
THURSpAY SEPTEMBER 10,
-1981, COMMISSIONERS' CONFERENCE ROOM, DC OFFICE (OPEN TO PUBLIC ATTENDANCE)
I.
. SECY-81-457/457A - EDO Delegations of 7.uthority (Policy. Issue)
'The Commission requested a new draft-of the staff paper including modifications discussed at the meeting.
(OGC) (SECY Suspense:
9/16/81)
II.
b, SECY-81-421 - Modifications to the Immediate Effectiveness Rule with-Regard to Fuel Loading and Low-Power Operating Licenses (Rulemaking Issue)
The Commission requested a new draft of the staff paper including modifications discussed at the meeting.
(OGC) (SECY Suspense:
9/15/81)
III. SECY-81-494 - Integrated Operational Experience Reporting System (Rulemaking Issue)
The Commission unanimously approved for publication in the Federal Register an Advance Notice of Proposed Rulemaking with modifications suggested by Commissioners Ahearne and Gilinsky.
The Notice will inform the
.public that the Commission plans to defer rulemaking that would establish the Integrated Operational Experience Reporting' System.
(AEOD) (SECY Suspense:
9/29/81)
Staff is directed to develop for. Commission review and approval a proposed rule to modify and codify th'
. existing Licensee Event. Report (LER) reporting requirements.
The Commission en'crses the staff recommendations contained in the SECY paper and directs staff to:
8110050014-81096p?
PDR 10CFR-( P,T9.7-PDR
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1.
Bring a revised LER rule to.the Commission before the end of 1981.
(AEOD) (SECY Suspense:
12/31/81) 2.
Coordinate closely with INPO to minimize duplication between the LER and the NPRDS systems and between subsequent NRC and INPO analysis of NPRDS data.
3.
Closely monitor the progress of INPO's management of the NPRDS.
After INPO takes over the. system, provide the Commission with semi-annual -Status reports on the effectiveness of INPO management of NPRDS and the responsiveness of NPRDS to NRC needs.
IV.
SECY-81-501 - Ps-(chological Impacts in the TMI-l Restart Proceeding (Adjddicatory Issue)
A majority of the Commission (Chairman Palladino and Commissioners Ahearne and Roberts) voteC not to consider psychological impacts in the TMI-l restart proceeding, and requested that the General Counsel prepare an Order to that effect.
Commissioner Bl.0 ford voted to consider psychological impacts.
Commissioner Gilinsky desired to know the Commonwealth of Pennsylvania's views prior to taking a position on the treatment of the psychological stress issues.
(OGC) (SECY Suspense:
9/15/81)
V.
SECY-81-502 - Fees for Withdrawn Applications for Power Reactor Construction Permits, Operating Licenses, and Other Approvals or Reviews (Rulemaking Issue)
The Commission unanimously approved for publication in the Federal Register a final rule which would require fees for review of power reactor license applications in the case where that application is subsequently withdrawn.
(LPMB/OGC/OELD)
VI.
SECY-A-80-168/168A - Rulemaking to Incorporate in 10 CFR Part 2 APA's " Military and Foreign Affairs Exception" to Adjudicat ions 2
A majority of the Commission (Chairman Palladino and Commissioners Ahearne and Roberts) approved for publication in the Federal Register a proposed rule change as modified by Chairain Palladino and Commissioner Roberts i
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'which would provide an exception from those rules for adjudications involving the conduct of military and
-foreign affairs functions.
Commissioner Gilinsky would have preferred to defer action on this proposed rule until.it is better delineated.
Commissioner Bradford disapproved and desires his separate views to be included
'in the Federal Register Notice.
(OGC) (SECY Suspense:
9/18/81)
ALLachment:-
'Bradford Views occ:
Chairman Palladino Commissioner Gilinsky Commissioner Bradford
' Commissioner Ahearne Commissioner Roberts Commission Staff Offices Public Document Room x
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l' L u-SEPARATT VIEWS OF COMMISSIONER BRADFORD It is difficult to imagine a greater waste of time than this rulemaking.
Neither this agency nor its predecessor (which really did have military functions) has ever needed to use the military affairs exception to the Administrative Procedures Act.
The sole-reason for seeking comment at this time is to shore up the court' prospects of the Commission's dubious actions in the NFS Erwin matter'(discussed in detail'at 11 NRC 799, 809, in June, 1980.
Instead of taking up space in the Federal Register and the' time of prospective commenters, the Commission would be better advised to hold the adjudicatory hearings that it offered to the Natural Resources Defense Counsel in this matter in February, 1980.
Had that proceeding been conducted as it should have been, this rulemaking and the attendant' litigation would be unnecessary.
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