ML20040E535
| ML20040E535 | |
| Person / Time | |
|---|---|
| Issue date: | 09/09/1981 |
| From: | Bradford P NRC COMMISSION (OCM) |
| To: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20040E530 | List: |
| References | |
| FOIA-81-397 NUDOCS 8202050052 | |
| Download: ML20040E535 (1) | |
Text
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A F F I'R M A T I O N V0TE RESPONSE SHE$T i
T0:
SAMUEL J'. -CHILKs SECRETARY OF THE COMMISSION FROM:
COMMISSIONER BRADFORD
SUBJECT:
SECY-A-80-168A - SECY-A-80-168, RECONSIDERATION OF RULE TO INCORPORATE IN 10 CFR PART 2 APA'S " MILITARY AND FOREIGN AFFAIRS EXCEPTION" TO ADJUDICATIONS APPROVED DISAPPROVED //
ABSTAIN' NOT PARTICIPATING ~
. REQUEST DISCUSSION b"**'*
COMMENTS:
?P" It is difficult to imagine a greater waste of time than this rulemaking. Neither this agency nor its predecessor (which really did have military functions) has ever needed to use the military affairs exception to' the Administrative Procedures Act.
Th'e sole reason,for seeking comment at this time is to shore up the court pr6spects of the Ccmmission's dubious actions in the NFS Erwin matter (discussed. in detail at 11 NRC 799, 808),the time of prospective in June, 1980). Instead
^ of taking up space in the Federal Register and com:nenters, the Commissio'n would be better advised to hold the adjudicatory hearing that it offered to the Natural Resources Defense Counsel in this matter in February, 1980. Had that proceeding been conducted as it should have besn, this-rulemaking and the attendant litigation would be unne.cessary.
SIGN ~lVR
/
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8202050052 8111o5 OE$s5eIOm7 UAlt.
~
ens SECRETARIAT NOTE:
PLEASE ALSO. RESPOND TO.AND/OR COMMENT ON.0GC MEMORANDUM IF ONE HAS'BEEN ISSUED ON TH,IS PAPER.
NRC-SECY FORM DEC, 80
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