ML20141F351

Forwards Revised Notice of Hearing Re Proposed Clearance Rule (SECY-77-486).Notice Drafted on Assumption That Hearing Will Address Both Fuel Facilities & Reactors.Ofc of Policy Evaluation Concurs W/Paper

ML20141F351
Person / Time
Issue date:	11/17/1977
From:	Nelson J, Shapar H NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD), NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Gilinsky, Hendrie, Kennedy NRC COMMISSION (OCM)
Shared Package
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References
FRN-50FR39076, RULE-PR-11 AB99-2-02, AB99-2-2, NUDOCS 8601090255
Download: ML20141F351 (1)

Text

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2 NUCLEAR REGULATORY COMMISSION WASHIN GTON, D. C. 20555

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5 November 17,1977

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p k 14EMORAMOUl1 FOR: Chairman Hendrie Commissioner Gilinsky u ~b l

Commissioner Kennedy Commissioner Bradford .

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o FROM: Jerome Nelson General Counsel s g gg ,

Howard K. Shapar (

Executive Legal Director

SUBJECT:

PUBLIC HEARING , 0M PROPOSED CLEARANCE RULE (SECY-77-485) i

.' He have consulted together on the matters raised in Jim Kelley s September 19, 1977 memorandum (copy attached) and have agree'd on a revised notice of hearing which is attached (Enclosure "A" to SECY-77-486) .*

( One matter not directly addressed in the revised notice is the .

suggestion that the proposed rule be made immediately effective for' C 4.e+ fuel facilities handling strategic special nuclear material, including related transportation activities, and that the public hearing be directed primarily to a clearance rule for reactors.

This is more a policy question than a legal one. He have earlier, stated to you that section 161i of the Atomic Energy Act probably authorizes a clearance rule for reactors, although the authority is more clear where separated SSMM is involved (Memorandum for Commissioner-Gilinsky from Peter L. Strauss, subject: " Legal Analysis of Security Clearance Programs," dated February 2,1977). The Staff (Messrs. Case, liinogue and Smith) recommends'against bifu'rcating the rule. Therefore, we have drafted the notice on the assumption that the hearing will address both fuel facilities and reactors, including related activities.

OPE concurs.in this paper and in the recommendation -not to bifurcate the clearance rule. The offices of HMSS, NRR, and SD all concur in the revised notice of hearing. '

• Additions are indicated by underlines ( ), deletions by dashes (---).

( Attachment as stated cc: OPE SECY r e601090255 851223 50 39076 PDR N --M j