ML20011B031
| ML20011B031 | |
| Person / Time | |
|---|---|
| Issue date: | 10/13/1981 |
| From: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| To: | NRC OFFICE OF THE SECRETARY (SECY) |
| References | |
| REF-10CFR9.7 M811008, NUDOCS 8111040009 | |
| Download: ML20011B031 (1) | |
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IN RESPONSE REFER J
UNITED STATES TO M811008
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u NUCLEAR REGULATORY COMMISSION n
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W ASHIN GTON, D.C. 20555 t
October 13, 1981
. * $,e OFFICE (JF THE SECRETARY l
MEMORANDUM FOR THE REC RD FROM:
John C.
Hoyl -
sistant Secretary
SUBJECT:
STAFF REQUI' MENTS - AFFIRMATION SESSION 81-37, 10:00 A.M.,
THURSDAY, OCTOBER 8, 1981, COMMISSIONERS' CONFERENCE ROOM, DC OFFICE (OPEN TO PUBLIC ATTENDANCE) l SECY-81-529/529A - Revised Order for Selection of Hearing Panel for Part 30 Proceeding for Armed Forces Radiobiology Research Institute (AFRRI) Byproducts Materials License The Commission, by a vote of 3-2* (Commissioners Ahearne and Roberts disapproving), approved the Order as modified by Commissioner Gilinsky.
Commissioners Ahearne and Roberts are awaiting an OGC paper on the basic issue of when a hearing request is untimely after a license has been issued.
Commissioner Roberts would have preferred that the Order reflect that the Licensing Board is directed first to determine i
whether section 189 applies in light of staff's receipt of a hearing request and then to determine whether the hearing requirements of 10 CFR 2.714 have been met.
(OGC) (Subsequently, the Order was signed by the Secretary)
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Chairman Palladino
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Commissioner Gilinsky Commissioner Bradford U
Commissioner Ahearne
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Commissioner Roberts W
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Commission Staff Offices
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Public Document Room 7,
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% #[T' ~l 3d Section 201 of the Energy Recrganization Act, 42 U.S.C.
s 5841, provides that action of the Ccmmission shall be determined by a " majority vote of the members present."
Commissioners Gilinsky and Roberts were not present when this Order was affirmed.
Commissioner Gilinsky had previously indicated his approval.
Commissioner Roberts had previously indicated his disapproval.
i Had Commissioners Gilinsky and Roberts been present they would have affirmed their prior votes.
Accordingly, the formal vote of the Commission was 2-1 in favor of the Order.