ML20024B526
| ML20024B526 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 06/30/1983 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Plaine H E NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| REF-10CFR9.7 ALAB-687, M830628B, NUDOCS 8307090081 | |
| Download: ML20024B526 (2) | |
Text
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o g ang IN RESPONSE, PLEASE
'g UNITED 5TATES REFER TO:
M830628B p
NUCLEAR REGULATORY COMMISSION j
y WASHIN GTON, D.C. 20555 b
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'%,,,,, =9 June 30, 1983 OFFEE OF THE SECRETARY i
i MEMORANDUM FOR:
Herzel H.E. Plaine, Gene Counsel b
FROM:
Samuel J. Chilk,Secretj C)
SUBJECT:
STAFF REQUIREMENTS - AFPI:qiATION/ DISCUSSION AND VOTE, 3:30 P.M.,
TUllS KY, JUNE 28, 1983, COMMISSIONERS' CONFERENCE ROOM, D.C. OFFICE (OPEN TO PUBLIC ATTENDANCE) l SECY-83-190A - Commission Review of ALAB-687 (Catawba Nuclear
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Station, Units 1 and 2)
The Commission, by a voted of 3-2*
(Commissioners Gilinsky and Asselstine disapproving), approved a revised draft order that concludes the Commission's review of ALAB-687.
The g
draft order states that the Commission has determined that (1) Section 189a of the Atomic Energy Act of 1954, as amended does not require the Commission to give controlling weight q
i to the good cause factor in 10 CFR 2.714 (a) (1) (i) in deter-mining whether to admit a late filed contention based on licensing documents which were not required to be prepared early enough to provide a basis for a timely filed contention, and (2) the unavailability of these documents does not
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constitute a showing of good cause for admitting a late-filed contention when the factual predicate for that contention is available from other sources in a timely manner.
- Section 201 of the Energy Reorganization Act,.42 U.S.C.
E 5841, provides that action of the Commission shall be determined by a " majority vote of the members present."
Commissioner Asselstine was not present when this item was affirmed, but had previously indicated that he would dis-approve.
Had Commissioner Asselstine been present, he would have affirmed his prior vote.
Accordingly, the formal vote of the Commission was 3-1 in favor.of the decision.
f kDR hkl1830630 PT9.7 PDR t
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-2a (Subsequently, on June 30, 1983, the Secretary signed the order with separate views of Commissioners Gilinsky and Asselstine attached.)
cc:
Chairman Palladino Commissioner Gilinsky Commissioner Ahearne Commissioner Roberts Commissioner Asselstine Commission Staff offices EDO PDR - Advance DCS - 015 Phillips 4
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