ML20113G650

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Ballot Approving SECY-84-116, UCLA Reactor License Renewal Proceedings & Staff Request to Initiate Rulemaking on Interpretation of 10CFR73.40(a)
ML20113G650
Person / Time
Site: 05000142
Issue date: 06/04/1984
From: Bernthal
NRC COMMISSION (OCM)
To: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
Shared Package
ML20113G428 List:
References
FOIA-84-198 NUDOCS 8501240459
Download: ML20113G650 (1)


Text

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SAMUELd.CHILK,SECRETARYOFTHECOMMISSION FROM:

COMMISSIONER BERNTHAL

SUBJECT:

SECY-84-ll6 - UCLA REACTOR LICENSE RENEWAL PROCEEDING AND STAFF REQUEST TO INITIATE RULEMAKING ON THE INTERPRETATION OF 10 CFR 73. 40 (a)

APPROVED DISAPPROVED ABSTAIN NOT PARTICIPATING REQUEST DISCUSSION COMMENTS:

Although I do not agree with the inplication of the OGC paper that there is necessarily something procedurally wrong with the Staff's petition to initiate rulemaking, it does appear that there is substantial confusion in this case regarding the requirements for protection of research reactors. The Licensing Board's actions in the proceeding are understandable, given the inconsistency between the Staff's interpretation of Part 73 and the current practice followed by the Office of Inspection and Enforcement.

Therefore, I agree that the oest course of action is to require that nonnal adjudicatory procedures be followed here and that the Staff's request to initiate rulemaking be denied.

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' UAlt SECRETARIAT NOTE:

PLEASE ALSO RESPOND TO AND/OR COMMENT ON OGC/

MEMORANDUM IF CNE HAS BEEN ISSUED ON THIS PAPER.

NRC-SECY FORM DEC 80