ML20129A452
| ML20129A452 | |
| Person / Time | |
|---|---|
| Issue date: | 01/31/1985 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20129A422 | List: |
| References | |
| FOIA-85-329 NUDOCS 8507270226 | |
| Download: ML20129A452 (1) | |
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'o UNITED STATES ACTION - Kerr, SP y
NUCLEAR REGULATORY COMMISSION Cys: Dircks n
3 WASHINGTON, D.C. 20555 Roe
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January 31, 1985
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GCunningham OFFICE OF THE Dinitz SECRETARY MEMORANDUM FOR:
William J. Dircks, Executive Director for Operations p
Herzel H. E. Plaine, GerfalCounsel SamuelJ.Chilk,Secreth FROM:
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SUBJECT:
STAFF REQUIREMENTS - SEC V-84-14 6A -
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PRICE ANDERSON AND THE S UPREME COURT SILKWOOD DECISION i
The Commission has considered the request in SECY-84-146A, to provide guidance to the staff on developing recommenda-tions to Congress for legislative measures in response to the Supreme Court decision in Silkwood v. Kerr-McGee Corp.,
U.S.
78 L. Ed. 2d 443 (1984).
Chairman Palladino and Commissioners Roberts, Bernthal, and Zech voted to request the staff to develop a legislative recommendation to Congress that would preempt state court authority to impose punitive damages in the areas of public health, safety and common defense as a response to the Silkwood ruling.
Commissioner Asselstine recommended identi-fying the problem for Congress without making recommendations and thereby leave to Congress the legislative method of resolving the Federal-State conflict engendered by the Silkwood decision.
In a subsequent discussion by this office with the Office of the General Counsel, SECY was advised that OGC would supple-ment its legislative package to be presented to the 99th Congress with a proposal on this subject in conformity with commission guidance.
(OGC/OSP)
(SECY SUSPENSE:
3/8/85)
Detailed comments of individual Commissioners were previously provided to you with their vote sheets on this matter.
cc:
Chairman Palladino Commissioner Roberts Commissioner Asselstine Commissioner Bernthal Commissioner Zech M:'.! C:7. fC0 a.
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