ML20141D563

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Notation Vote Approving in Part & Disapproving in Part w/comments,SECY-97-087, Oklahoma Agreement State Negotiations:State Requests That Major Facilities Undergoing Site Decommissioning Not Be Relinquished To..
ML20141D563
Person / Time
Issue date: 05/07/1997
From: Mcgaffigan E
NRC COMMISSION (OCM)
To: Hoyle J
NRC OFFICE OF THE SECRETARY (SECY)
Shared Package
ML20141D417 List:
References
SECY-97-087-C, SECY-97-87-C, NUDOCS 9706270255
Download: ML20141D563 (2)


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l N O T A T I O'N VOTE

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RESPONSE SHEET TO:

John C.

Hoyle, Secretary FROM:

COMMISSIONER MCGAFFIGAN

SUBJECT:

SECY-97-087 - OKLAHOMA AGREEMENT STATE NEGOTIATIONS: STATE REQUESTS THAT MAJOR FACILITIES UNDERGOING SITE DECOMMISSIONING NOT BE RELINQUISHED TO STATE Approved X in part Disapproved X in part Abstain Not Participating _

Request Discussion COMMENTS:

i See attached comments.

fQM (

SIGNATQIt81 V

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Release Vote

/g/

DATE' Withhold vote

/

/

Entered on "AS" Yes No l

I 9706270255 970619 PDR COMMS NRCC CPRRESPONDENCE PDR

1-Commissioner McGaffican's Comment on SECY-97-087:

l I approve the staff's proposal to deny the Oklahoma request and I approve the staff's proposed approach for handling requests for limited Agreements, with one exception concerning Commission l

consultation.

I disagree with the staf f's proposal to consult with the Commission only on those requests for limited Agreements that are difficult to resolve or that involve significant disagreement between NRC and a State.

Rather, the staff should consult with the l

Commission on all State requests for limited Agreements that do not l

represent arrangements for which there is clear precedent (e.g.,

excluding sealed source and device evaluations or 11e (2) material).

Prior to making a decision to grant or deny the State's request, the staff should provide the Commission--as it has done in this case--with a full discussion of the request, potential impacts, and a recommendation to grant or deny the request.

Otherwise, the Commission could be in the position of reviewing a proposed limited Agreement without full knowledge of, or the opportunity to provide input on, the negotiations between the NRC and State that led to a limited Agreement for which there is no precedent.

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NUCLE AR REGULATORY COMMISSION l

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June 19, 1997 OF FICE OF THE

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SECRI.fARY f

MEMOPJJIDUM TO:

L.

Joseph Callan Executiye Director for Operations eY Secretary FROM:

John'C o

SUBJECT:

STAFF REQUIREMENTS - SECY-97-087 - OKLAHOMA AGREEMENT STATE NEGOTIATIONS:

STATE REQUESTS THAT MAJOR FACILITIES UNDERGOING SITE DECOMMISSIONING NOT BE RELINQUISHED TO STATE The Commission has approved the staff's proposal to deny the Oklahoma request to enter into an Agreement which would exclude five SDMP sites.

The Commission has also approved the staff's general approach for handling requests for limited Agreements except that the staff should consult with the Commission prior to proposing a final Agreement in instances where there is not a clear precedent.

In such cases, the staff should provide the Commission - as was done in this case - with a full discussion of the request, potential impacts, and a recommendation to grant or deny the request.

cc:

Chairman Jackson Commissioner Rogers Commissioner Dicus Commissioner Dia:

Commissioner McGaffigan OGC CIO CFO OCA i

OIG l

Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)

PDR DCS l

l SECY NOTE:

THIS SRM, SECY-97-087, AND THE COMMISSION VOTING RECORD CONTAINING THE VOTE SHEETS OF ALL COMMISSIONERS WILL BE MADE PUBLICLY AVAILABLE 5 WORKING DAYS FROM THE DATE OF THIS SRM, n, a, n m, o l W Ip.

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