ML20036B995
| ML20036B995 | |
| Person / Time | |
|---|---|
| Issue date: | 04/12/1993 |
| From: | Remick F NRC COMMISSION (OCM) |
| To: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| References | |
| NUDOCS 9306080246 | |
| Download: ML20036B995 (2) | |
Text
...
- . /
- H_QTATI0N V 0 T_-E.:- : RELEASED TO THE PDR*i 4N93 c0 RESPONSE SHEET da
,,,,, y,,,,,,,, ;,in[ pts;,,
T0:
SAMUEL J. ~ CHILK, ~ SECRETARY-'OF THE COf44ISSION.
l FROM:
C0MISSIONER REMICK
SUBJECT:
SECY-92-381 - RULEMAKING PROCEDURES:FOR.
DESIGN CERTIFICATION v/ cote APPROVED X
DISAPPROVED ABSTAIN NOT PARTICIPATING REQUEST DISCUSSION COMENTS:
l See ct ?Y '
4 q
f V"
SIGNATURE N
- 72 RELEASE VOTE
/K /
/1
/
DATE WITHHOLD VOTE
/
/
ENTERED'ON "AS" YES / NO 9306080246 930412 RESk$E E PDR 1\\ \\
e d*
Commissioner Remick's Comments on SECY-92 381:
Except as noted in the indented paragraphs below, I approve OGC's recommendations on rulemaking procedures for design certification. I commend OGC for outstanding work in framing the issues and weighing the options.
I concur in Commissioner Curtiss' comments.
OGC recommends that parties not have the right to either make oral presentations or submit oral questions on issues they did not controvert, and that parties be permitted to submit information and arguments on such issues only at the discretion of the Licensing Board (See SECY-92-381, Enc.1, at 45-47). I would not require that parties receive the Board's permission to submit information and arguments on such issues. OGC's recommended prohibition of oral presentations and oral questions would seem to me sufficiem for purposes of efficiency.
ne Role of the Staff: The Chairman recommends that the staff not be treated as a party
-- that it participate in the hearing only in a " consultative role to the Licensing Board, to answer quest:ons about the SER or the proposed rule or provide additionalinformation-or documentation as requested." OGC, on the other hand, recommends that the staff be
" deemed... a party", to the extent that the staff be permitted "to respond to commenting parties' motions, requests and presentations, and... be afforded the opportunity to respond to requests for informal hearings and initial requests for additional procedures-or formal hearir.gs." (See SECY-92-381, Enc.1,51-52.) Whether it be called a " party" or not, I would prefer that the staff be allowed the flexibility recommended by OGC.
That limited mode of participation seems to me not only consistent with efficiency, but also necessary to the resolution of issues raised in a hearing.. As OGC says (id.), "it is inconceivable that the Commission would not request Staff responses to issues raised in a hearing...."
1