ML20040E531

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Negative Ballot for SECY-A-80-168A & SECY-A-80-168 Re Reconsideration of Rule to Incorporate in 10CFR2, Administrative Procedures Act, Military & Foreign Affairs Exception to Adjudications
ML20040E531
Person / Time
Issue date: 09/09/1981
From: Gilinsky V
NRC COMMISSION (OCM)
To: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
Shared Package
ML20040E530 List:
References
FOIA-81-397 NUDOCS 8202050047
Download: ML20040E531 (1)


Text

F F f'R M A T I O N V0TE R5SPONSESHEET l

.i.

T0:

SAMUEL J. CHILK, SECRETARY OF THE COMMISSION FROM:

COMMISSIONER GILINSKY

SUBJECT:

SECY-A-80-168A - SECY-A-80-168, RECONSIDERATION OF RULE TO INCORPORATE IN 10 CFR PART 2 APA'S " MILITARY AND FOREIGN AFFAIRS EXCEPTION" TO ADJUDICATIONS APPROVED DISAPPROVED "

ABSTAIN' NOT PARTICIPATING ~

. REQUEST DISCUSSION

' COMMENTS:

I am not opposed to the abstract proposition of modifying our regulations to i,ncorporate t'he APA's military and i

foreign affairs functions exception.

However, I am concerned that the proposed rule leaves the term " military I

or foreign affairs functions"' undefined.

For example, s

would the provisions of the exception apply to the licensing of a waste disposal facility which happened i

to contain'some waste of military origin?

i I urge my fellow Commissioners to defer acting on this proposed rule until we have better delineated what we y

are proposing.

I E

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'V OblE SECRETARI AT NOTE:' PLEASE ALSO. RESPOND TO. AND/bR COMMENT ON.0GC/0PE MEMORANDUM IF ONE HAS IsEEN ISSUED ON TH,IS PAPER.

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