ML20141H508

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Staff Requirements Memo Re 970520 Affirmation Session in Rockville,Md Re SECY-97-104, Rl Tetrick,Presiding Ofc Initial Decision & Memo & Order Denying Reconsideration & Stay,LBP-97-2 & LBP-97-6
ML20141H508
Person / Time
Issue date: 05/21/1997
From: Hoyle J
NRC OFFICE OF THE SECRETARY (SECY)
To: Cordes J
NRC OFFICE OF COMMISSION APPELLATE ADJUDICATION (OCAA)
References
REF-10CFR9.7 LBP-97-02, LBP-97-06, LBP-97-2, LBP-97-6, M970520B, SECY-97-104-C, NUDOCS 9705230320
Download: ML20141H508 (2)


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NUCLEAR REGULATORY COMMISSION WASHINGTON,0.C. 20$55-0001 5 g IN RESPONSE, PLEASE

/ May 21, 1997 REFER TO: M970520B SECRETARY MEMORANDUM FOR: John F. Cordes, Acting' Director Office o Com ission Appellate Adjudication FROM: Joh . Hoyle b

Secretary

SUBJECT:

STAFF REQUIREMENTS - AFFIRMATION SESSION, 3:30 P.M., TUESDAY, MAY 20, 1997, COMMISSIONERS' CONFERENCE ROOM, ONE WHITE FLINT NORTH, ROCKVILLE, MARYLAND (OPEN TO PUBLIC ATTENDANCE)

.L. .EECY-97-104 - Ralch L. Tetrick, Presidino Officer's Initial

-Decision and Memorandum and Order Denvino Reconsideration and Stav, LBP-97-2 and LBP-97-6 The Commission 2 approved a Memorandum and Order which remands one issue to I:he Presiding Officer and issues a temporary stay preserving the status quo until . the case's final resolution.

The Commissien was asked to respond to a request from the staff for a stay and review of the Presiding Officer's Initial Decision, LBP-97-2, and his Memorandum and Order. denying the staff's request for reconsideration, LBP-97-6. The Commission's i Order remands the issue of the correctness of Mr. Tetrick's response to question 63 of the written examination to the Presiding Officer and issues a temporary stay until the case is resolved.

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-(Subsequently, on May 20, 1997 the Secretary signed the Order.)

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2 Section 20 f the Energy Reorganization Act, 42 U.S.C. ,

Section L , provides that action of the Commission '

shall be determined by a " majority vote of the members present." -Commissione'r Diaz was not present when this item was affirmed. Accordingly the formal vote of the ,

Commission -was .4-0 in favor of the decision.

Commissioner Diaz,'however, had previously indicated that  !

he..would approve this paper and had he been present he

.would have affirmed his prior vote, 230073 yg C R 4 SAAf

, .97052303:M 970521 9 -

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PDR a

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e cc: Chairman Jackson Commissioner Rogers Commissioner Dicus Commissioner Diaz Commissioner McGaffigan EDO OGC OCAA OCA 01G Office Directors, Regions, ACRS, ACIM , ASLBP (via E-Mail)

PDR - Advance DCS - P1-17 ,

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