ML20129G872

Staff Requirements Memo from 850516 Affirmation/Discussion & Vote in Washington,Dc Re Govt in Sunshine Act Regulations (SECY-85-067) & Aamodt Motion for Reconsideration & Reopening of Record (SECY-85-074A)

ML20129G872
Person / Time
Site:	Three Mile Island
Issue date:	05/29/1985
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	Plaine H NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
REF-10CFR9.7 M850516B, NUDOCS 8506070393
Download: ML20129G872 (2)

Text

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IN RESPONSE, PLEASE

. e REFER TO: M850516B g UNITED STATES e ' u f ',w,%,t

? " NUCLEAR REGULATORY COMMISSION

{ .k W ASHIN GTON, D.C. 20555 May 29, 1985

%...../

OFFICE OF THE SECRETARY MEMORANDUM FOR: Herzel H.E. Plaine, General Counsel FROM: amuel J. Chilk, N etary

SUBJECT:

STAFF REQUIREMENTS - AFFIRMATION / DISCUSSION AND VOTE, 2:00 P.M., THURSDAY, MAY 16, 1985, COMMISSIONERS' CONFERENCE ROOM, D.C. OFFICE -'

(OPEN TO PUBLIC ATTENDANCE)

I. Government in the Sunshine Act Regulations (SECY-85-67)

The Commission approved publication of proposed revisions to 10 CFR Part 9 Government in the Sunshine Act Regulations as follows:

1. all Commissioners 1/ approved publication of the proposed rule for public comment. The Commission (with Commissioners Roberts, Bernthal, and Zech agreeing) has also approved 2/

making the proposed rule effective on an interim basis -

during the public comment period. Chairman Palladino and Commissioner Asselstine disagreed with making it effective in the interim and provided separate views.

(Subsequently, on May 16, 1985 the Federal Register Notice was signed and forwarded for publication.)

1 Section 201 of the Energy Reorganization Act, 42 USC S 5841, provides that action of the Commission shall be determined by a

" majority vote of the members present." Commissioner Roberts was not present when this item was affirmed. Accordingly, the formal vote of the commission was 4-0 in favor of the decision.

Commissioner Roberts, however, had previously indicated that he would approve this paper and had he been present he would have affirmed his prior vote.

-2/ Section 201 of the Energy Reorganization Act, 42 USC S 5841, provides that action of the Commission shall be determined by a

" majority of the members present." Commissioner Roberts was not present when this item was affirmed. In order to allow the will of the majority to prevail Commissioner Asselstine did not participate in the formal affirmation on this issue. Accordingly, the formal vote of the Commission was 2-1 in favor of the decision. Commissioner Roberts, however, had previously indicated that he would approve this issue and had he been present he would have affirmed his prior vote. Commissioner Asselstine had previously indicated his disapproval and he would have affirmed his vote.

8506070393 850529 PDR 10CFR PT9.7 PDR

II. SECY-85-74A - TMI Aamodt Motion for Reconsideration and Reopening of the Record Chairman Palladino and Commissioners Roberts 3/ and Zech approved an order denying a January 15, 1985 motion by the Aamodt's to reopen the record and defer a decision on TMI-1 restart.

Commissioner Bernthal approved the order, but would have preferred a modified version. Commissioner Asselstine con-curred in the result of the order but did not agree with the substance and provided separate views.

(Subsequently on May 16, 1985 the Secretary signed the Order.)

cc: Chairman Palladino Commissioner Roberts Commissioner Asselstine Commissioner Bernthal Commissioner Zech Commission Staff Offices EDO PDR - Advance DCS - 016 Phillips 1/ Section 201 of the Energy Reorganization Act, 42 USC S 5841, provides that action of the Commission shall be determined by a

" majority vote of the members present." Commissioner Roberts was not present when this item was affirmed. Accordingly, the formal vote of the Commission was 3-1 in favor of the decision.

Commissioner Roberts, however, had previously indicated that he would-approve this paper and had he been present he would have affirmed his prior vote.

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