ML20135E280

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Affirmation Vote Approving W/Comments SECY-96-077, Certification of Two Evolutionary Designs
ML20135E280
Person / Time
Issue date: 11/27/1996
From: Mcgaffigan E
NRC COMMISSION (OCM)
To: Hoyle J
NRC OFFICE OF THE SECRETARY (SECY)
Shared Package
ML20135E228 List:
References
SECY-96-077-C, SECY-96-77-C, NUDOCS 9612110132
Download: ML20135E280 (2)


Text

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AFFIRMATION VOTE RESPONSE SHEET TO: John C. Hoyle, Secretary FROM: COMMISSIONER MCGAFFIGAN

SUBJECT:

SECY-96-077 - CERTIFICATION OF TWO EVOLUTIONARY DESIGNS

]4d Approved # Disapproved Abstain Not Participating Request Discussion COMMENTS:

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SIGNA @ @ V Release Vote / K/ Il 7 N ,

'DATE l

Withhold Vote / /

i Entered on "AS" Yes M No 4

i 9612110132 961209 PDR COMMS NRCC j _

CORRESPONDENCE PDR

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! l COMMISSIONER MCGAFFIGAN'S COMMENTS ON SECY 96-077:

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I approve the two final rules that amend 10 CFR Part 52 to certify the U.S. I Advanced Boiling Water Reactor (ABWR) and System 60+ designs subject to revisions to the final design certification rules and statements of ,

consideration in accordance with the recommendations provided in Mr. Taylor's j memorandum to the Commission dated August 13, 1996, as supplemented by his )

memorandum of October 21, 1996, and subject to the following comments --

1. I disapprvve the inclusion of new applicable regulations as identified in Section 5(c) and, instead, approve the inclusion of the language provided in Chairman Jackson's vote in the statements of consideration i and the certification rules. i 1
2. I agree with Chairman Jackson that the special backfit provisions of 10 CFR 52.63 should not be extended to the technical specifications and i other operational requirements, exce)t to the extent that the design is  !

changed. Also, while I agree that t1e backfit provisions in 10 CFR ,

50.109 should apply to the technical specifications after the COL is  ;

issued. I request that OGC and the staff advise the Commission as to their views with respect to the position taken by NEI at a recent meeting that 50.109 would apply as soon as the two pending rules go into effect. j

3. Finally, in the area of design certification renewal I agree with I Chairman Jackson that renewal review should not be a "de novo" review. )

and I support the inclusion of the language in the statements of I consideration as provided in Mr. Taylor's memorandum to the Commission dated October 21, 1996. I also agree that consideration of specific design certification renewal 3rocedures '.hould be deferred until after the Commission has approved tie final ce on certification rulemakings, i

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@ MGq#' UNITED STATES o

j' NUCLEAR REGULATORY COMMIS$10N g,'- o j WASHINGTON D C 20555 4 01 I

$ / IN RESPONSE, PLEASE

% ,o-l l ***** REFER TO: M961206B j OFFICE OF THE SECRETARV December 9, 1996 MEMORANDUM FOR: James M. Taylor l I

Executive Director for Operations John F. Cordes, Acting Director Office of Commission Appellate Adjudication i

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FROM:

l D' f t) { w John C. Hoylg, Secretary 1

SUBJECT:

STAFF REQUIREMENTS - AFFIRMATION SESSION, FRIDAY, DECEMBER 6, COMMISSIONERS' CONFERENCE '

ROOM, ONE WHITE FLINT NORTH, ROCKVILLE, MARYLAND (OPEN TO PUBLIC ATTENDANCE) l I. SECY-96-077 - Certification of Two Evolutionary Desiang The Commission approved the two rules contained in SECY-96-077 with revisions recommended by the EDO in memoranda to the Commission dated August 13, 1996 and October 21, 1996, and subject to additional comments contained in the separate SRM on SECY-96-077 issued by the Secretary on December 6, 1996.

II. SECY-96-237 - Cleveland Electric Illuminating Co. --

Commission Review of LBP-95-17 The Commission acted on an order that completed Commission's l review of LBP-95-17. In CLI-96-04 the Commission granted review in response to a petition from Cleveland Electric Illuminating Co. The Commission approved an order that reversed and vacated LBP-95-17. i (Subsequently, the Secretary signed the Order on December 6, 1996.) i i

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! SECY NOTE: THE COMMISSION VOTING RECORD FOR SECY-96-077 l CONTAINING THE VOTE SHEETS OF ALL COMMISSIONERS WILL BE MADE PUBLICLY AVAILABLE 5 WORKING DAYS FROM THE DATE OF THIS SRM. SECY-96-077 WAS I

PREVIOUSLY MADE AVAILABLE ON 4/19/96.

-k S NOOSQ 9p

Attachment:

As stated cc: Chairman Jackson Commissioner Rogers Commissioner Dicus Commissioner Diaz Commissioner McGaffigan OGC OCAA OCA OIG Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)

PDR - Advance DCS - P1-24 i

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