ML20032D456
| ML20032D456 | |
| Person / Time | |
|---|---|
| Issue date: | 10/26/1981 |
| 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 | |
| ML20032D453 | List: |
| References | |
| REF-10CFR9.7 M811022B, NUDOCS 8111170023 | |
| Download: ML20032D456 (3) | |
Text
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4 IN RESPONSE REFER e
TO M811022B
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g UNITED STATES E
7, NUCLEAR REGULATORY COMMISSION
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W ACHIN GTON, D.C. 20555 kg *. * *
- g/I October 26, 1981 i
O OF FICE OF TH E I
SECRETARY MEMORANDUM FOR:
Leonard Bickwit, Jr., General Counsel William J.
Dircks, Executive Director for Operations FROM:
Samuel J. Chilk, Secreta /
Jq i
STAFFREQUIREMENTS-AFFiRk"sTIONSESSION
SUBJECT:
g 81-39, 3:05 P.M.,
THURSDAY, OCTOBER 22, 1981, COMMISSIONERS' CONFERENCE ROOM,
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DC OFFICE (OPEN TO PUBLIC ATTENDANCE)
I.
SECY-81-197 - Proposed Amendment to 10 CFR Part 71 to Restrict Air Transport of Plutonium The Commission, by a vote of 3-2 (Commissioners Gilinsky and.Bradford disapproved) anproved a notice of proposed rulemaking which provides r.nendments to 10 CFR Part 71 to restrict air shipment o. plutonium by air, for publication in the Federal Register.
Commissioners-Gilinsky and Bradford believe that legislation is required for the exemption of A2 quantities from the container requirements.
Commissioner Bradford's separate views will be included in the Federal Register Notice.
Commissioner Ahearne would have preferred a less restrictive alternative such as alternative J of the Value Impact
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Statement, Enclosure 3, SECY-81-197/197A.
(RES) (SECY Suspense:
11/3/81)
The Commission requested that:
1.
Staff actions be initiated to:
a.
evaluate whether to encourage DOT to consider changes to existing DOT regulations that would reduce inconsistencies with the NRC regulations, as amended, and b.
consider whether there exist sufficient technical and policy bases for a staff recommendation to the Commission that NRC seek legislative relief for the air shipment of safeguards samples and other small quantities of plutonium, for which rapid transport is needed and is of identifiable benefit to the public interest.
(RES) 8111170023' 811029 PDR 10CFR PT9.7 C PDR
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2' 2.
the appropriate Congressional Committees be informed.
(OCA/RES) (SECY Suspense:
11/3/81)
II.
SECY-81-532 Review of ALAB-646, In the Matter of Alabama Power Co. (Antitrust), and Alabama Power Company's Application for Stay Pendente Lite A majority.of the Commission (Chairman Palladino and Commissioners Ahearne-and Roberts)~ approved an Order as
' modified by Commissioner Ahearne denying a request for Commission review of ALAB-646 and for a stay of the
- effectiveness of that decision pending litigation of the conditions imposed'on the Company's license to operate the Farley Nuclear Units.
Commissioner :Bradford -
(1) concurs in the result of the' revised Order as it
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applies to Alabama Power Company; however, (2) he would take review of that porticn of the Board decision that finds that the Municipal Electric Utility Association (MEUA) is not a potential competitor.
His separate views will be attached.to the Order.
Commissioner
'Gilinsky did not participate.
(OGC)- (Subs'equently, the Order was signed by the Secretary).
III. SECY-81-557 - Implementation of Equal Access.to Justice Act l
The. Commission unanimously approved for publication in the Federal Register a proposed amendment to its rules.
of practice to add new provisions designed to implement the recently enact'ed Equal Access to Justice Act, P.L.
No.96-481.
A majority.of the Commission (Chairman Palladino and Commissioners Ahearne and Roberts) approved a modification deleting the phrase "or due process" E
from the next to last line of.page 3 of the explanation of the proposed rule.
(OGC) (Subsequently, the Order was signed by the Secretary).
Commissioner Roberts would have preferred that the rule
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be further modified to contain a list of hearings required to be advisory by APA and those required to be advisory by the NRC's rules.
Commissioner Ahearne l
requests that'the General Counsel address Commissioner l
Roberts' point and a list of his own questions during the comment period.
(OGC)' (SECY Suspense:
30 days from date of publication in the Federal Register) t t
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IV.
SECY-81-560 - Delegation of Part 70 Jurisdiction to Licensing and Appeal Boards Commissioner Ahearne requested that action on this paper be deferred pending receipt of the General Counsel's paper on timely-petitions for hearings on Part 70 licenses.
The paper was therefore dropped from the affirmation.
(OGC) (SECY Suspense:
11/20/81)
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Chairman Palladino Commissioner Gilinsky Commissioner Bradford Commissioner Ahearne Commissioner Roberts Commission Staff Offices Public Document Room
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