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)


Text

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c 'JNITEC STATES NUCLEAR REGULATORY COMMISSION g

WASHINGTON,0.C. 20$55-0001 5

g IN RESPONSE, PLEASE

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REFER TO:

M970520B May 21, 1997 SECRETARY MEMORANDUM FOR:

John F. Cordes, Acting' Director Office o Com ission Appellate Adjudication b

FROM:

Joh Hoyle 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 approved a Memorandum and Order which remands 2

The Commission 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 230073

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

.97052303:M 970521 9

i PDR 10C'.1 -

PT9.7 PDR a

3.

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 l

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