ML20057B426
| ML20057B426 | |
| Person / Time | |
|---|---|
| Issue date: | 09/16/1993 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Stephen Burns NRC OFFICE OF COMMISSION APPELLATE ADJUDICATION (OCAA) |
| References | |
| REF-10CFR9.7 LBP-93-16, M980916, NUDOCS 9309220011 | |
| Download: ML20057B426 (2) | |
Text
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- 8 IN RESPONSE PLEASE pa arcg'c J
UNITED STATES REFER TO: M930916 j
NUCLEAR REGULATORY COMMISSION
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8 September 16. 1993 j
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OFFICE OF THE j
SECRETARY MEMORANDUM FOR:
Stephen G.
Burns, Director i
Office of Commission Appel,la.te Adjudication ll 4
FROM:
Samuel J.
Chilk, Secretary vs/')
4
SUBJECT:
STAFF REQUIREMENTS - AFFIhMATION/ DISCUSSION AND VOTE, 11:30 A.M.,
THURSDAY, SEPTEMBER 16, j
1993, COMMISSIONERL' CONFERENCE ROOM, ONE WHITE FLINT NORTH, ROCKVILLE, MARYLAND (OPEN TO PUBLIC ATTENDANCE)
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Vermont Yankee Nuclear Power Corp. - Licensina Board j
l Memorandum Recardinc Termination of License Amendment Proceedina (LDP-93-16)
The Commission by a 4-0 vote
- approved a memorandum and l
order that provides additional guidance for the staff and i
Licensing Board in response to issues in LBP-93-16.
The memorandum and order notes that the Licensing Board was correct in concluding that it lacked jurisdiction to address the issue of the withdrawal of the licensing amendment, however, the Board erred in concluding that the staff approval of Vermont Yankee's withdrawal request had the effect of " terminating the proceeding".
The Board itself has the jurisdiction to terminate the proceeding.
Ordinarily the Commission would remand the proceeding to the Licensing Board with instructions to issue an order terminating the proceeding, however, in the interest of efficiency, the Commission has exercised its own authority and hereby takes that action.
(Subsequently, on September 16, 1993, the Secretary signed the Order.)
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- Section 201 of the Energy Reorganization Act, 42 USC Section 5841, provides that action of the Commission shall be determined i
by a majority vote of the members present.
Commissioner de Planque was not present when this item was affirmed.
According!;
l the formal vote of the Commission was 3-0 in favor of the l
decision.
Commissioner de Planque, however, had previously l
indicated that she would approve this paper and had she been l
present she would have affirmed her prior vote.
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0' 0 20004i n
9309220011 930916 JW PDR 10CFR W/
I PT9.7 PDR
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1 cc:
The Chairman i
Commissioner Rogers Commissioner Remick Commissioner de Plangue OGC EDO OIG OCA Offic6 Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)
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