ML20128D159

Staff Requirements Memo Re Commission 850509 Affirmation/ Discussion & Vote in Washington,Dc Re SECY-85-136, Options to Respond to Remand of Guard Vs NRC, SECY-85-140, TMI-1 Restart Proceeding & SECY-85-141, TMI-1 Restart

ML20128D159
Person / Time
Site:	Three Mile Island
Issue date:	05/17/1985
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	Plaine H NRC OFFICE OF THE GENERAL COUNSEL (OGC)
Shared Package
ML20128D164	List: ML20128D159 ML20128D184
References
REF-10CFR9.7 M850509B, NUDOCS 8505280513
Download: ML20128D159 (2)

Text

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! IN RESPONSE,-PLEASE

./ o UNITED STATES I E" N NUCLEAR REGULATORY COMMISSION Mh

{ c- .. j W ASHINGTON, D.C. 20555 May 17, 1985

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OFFICE OF THE SECRETARY MEMORANDUM FOR: Herzel H.E. Plai , General Counsel FROM: , Samuel J. Chilk( retary

SUBJECT:

STAFF REQUIREMENTS - AFFIRMATION / DISCUSSION AND VOTE, 3:30 P.M., THURSDAY, MAY 9, 1985, COMMISSIONERS' CONFERENCE ROOM, D.C. OFFICE (OPEN TO PUBLIC ATTENDANCE)

I. SECY-85-136 - Options to Respond to Remand of Guard v. NRC The Commission by a 4-1 vote (with Commissioner Asselstine disapproving) approved a policy statement which provides interim guidance to the adjudicatory boards and the staff until the Commission can conclude its response to the D.C. Circuit Court's remand in Guard v. NRC.

The guidance states that "the Commission believes that Licensing Boards (and, in uncontested situations, the staff) may find that applicants who have met the requirements of Section 50.47 (b) (12) as interpreted by the Commission before the Guard decision and who commit to full compliance with the Commission's response to the Guard remand meet the requirements of Section 50.47 (c) (1) and, therefore, are entitled to licenses conditional on full compliance with the Commission's response to the Guard remand."

You-should forward the policy statement for signature and publication in the Federal Register.

(OGC) (SECY Suspense: 5/20/85)

The Commission also agreed (with all Commissioners approving) to ask the staff to respond to three options dealing with the Guard case (attached memo).

II. SECY-85-140 - TMI-1 Restart Proceeding -- TMIA Motion for Reconsideration of Denial of Section 189 Hearing Request on Licensee's Character The Commission, by a vote of 4-1, approved an order denying a request by TMIA for reconsideration of the Commission's April 4, 1985 denial of TMIA's February 1, 1985 request for a hearing.

Commissioner Asselstine disapproved, indicating that he would have taken review of the original 2.206 petition.

8505200513 850517

.d fd PDR PT9.7 10CFR PDR

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{ (Subsequently on May 9, 1985 the Secretary signed the order.)

III. SECY-85-141 - TMI-l Restart: Motions for Reconsideration of Commission's Decision that no Further Hearings are Required The Commission, by a vote of 3-2, approved an order which denies motions by the Commonwealth of Pennsylvania and Three Mile Island Alert that the Commission reconsider its February 26,

,1985 decision that no further hearings are warranted in the TMI-l restart proceeding. Commissioners Asselstine and Bernthal disapproved the order.

(Subsequently on May 9, 1985 the Secretary signed the order.)

cc: Chairman Palladino Commissioner Roberts .

Commissioner Asselstine Commissioner Bernthal Commissioner Zech Commission Staff Offices EDO -

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