ML20141F655

From kanterella
Jump to navigation Jump to search
Staff Requirements Memo Re 970630 Affirmation Session Re SECY-97-129, Louisiana Energy Svc Petitions for Review of LBP-97-8
ML20141F655
Person / Time
Issue date: 06/30/1997
From: Hoyle J
NRC OFFICE OF THE SECRETARY (SECY)
To: Cordes J
NRC OFFICE OF COMMISSION APPELLATE ADJUDICATION (OCAA)
References
REF-10CFR9.7 LBP-97-08, LBP-97-8, M970630, SECY-97-129-C, NUDOCS 9707030121
Download: ML20141F655 (2)


Text

i-1 Sa nrog ef UNITED STATES NUCLEAR REGULATORY COMMISSION n

g j

WASHINGTON, D.C. 20555-0001 e

  • * * *,,,o[

IN RESPONSE, PLEASE 4

June 30, 1997 REFER TO:

M970630 OFFICE OF THE SECRETARY MEMORANDUM FOR:

John F.

Cordes, Director Offi f Co ission Appellate Adjudication 6

FROM:

John' Hoyl, Secretary

SUBJECT:

S FF REQUIREMENTS - AFFIRMATION SESSION, 11:30 A.M.,

MONDAY, JUNE 30, 1997, COMMISSIONERS' CONFERENCE ROOM, ONE WHITE FLINT JORTH, ROCKVILLE, MARYLAND (OPEN TO PUBLIC ATTENDANCE)

L.

SECY-97-129 - Louisiana Enerciv Servj ces Petitions for Review of LBP-97-8 (May 1, 1997)

The Commission approved an order granting the petitions from 2

),

Louisiana Energy Services and the NRC staff for review of the Licensing Board's Decision (LBP-97-8).

j The Ccmmission has voted to approve the order because environmental justice is a relatively new legal concept that, as yet, has received little elaboration by the courts, by other agencies, or by the Commission itself.

The~ order also turns down, as outside NRC rules, Nuclear Energy Institute's (NEI) effort to file an amicus curiae brief in support of the petitions, but authorizes NEI to file an amicus brief on the merits should it choose to do so.

l The Commission requested that OCAA advise them on the petitions on waste disposal issues as soon as possible.

(Subsequently, on June 30, 1997 the Secretary signed the Order.)

Section 201 of the Energy Reorganization Act, 42 U.S.C.

Section S841, provides that action of the Commission shall be determined by a " majority vote of the members

-present."

Commissioner Dicus was not present when this item was affirmed.

Accordingly the formal vote of the Commission was 4-0 in favor of the decision.

Commissioner Dicus, however, had previously indicated f

that she would approve this paper and had she been present she would have affirmed her prior vote.

gg 9707030121 970630 1_

PDR 10CFR t pY W

!lh! i 0

tocps

a l

8 cc:

Chairman Jackson Commissioner Rogers Commissioner Dicus i

Commissioner Diaz Commissioner McGaffigan EDO OGC OCAA OCA OIG Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)

PDR Advance DCS - P1-17 4

1 i

i

.