ML20141H871
| ML20141H871 | |
| Person / Time | |
|---|---|
| Issue date: | 05/15/1997 |
| From: | Dicus G NRC COMMISSION (OCM) |
| To: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20141H827 | List: |
| References | |
| LBP-97-02, LBP-97-06, LBP-97-2, LBP-97-6, SECY-97-104-C, NUDOCS 9705270149 | |
| Download: ML20141H871 (2) | |
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. ADJUDICATORY PAPER - LIMITED DISTRIBUTION l
AFFIRMATI ON VOTE ;
J RESPONSE SHEET TO: John C. Hoyle, Secretary FROM: COMMISSIONER DICUS
SUBJECT:
SECY-97-104 - RALPH L. TETRICK,' PRESIDING OFFICER'S INITIAL DECISION and MEMORANDUM AND-ORDER DENYING RECONSIDERATION AND STAY, LBP-97-2 and LBP-97-6 i Approved X Disapproved Abstain Not' Participating Request Discussion i
COMMENTS: )
I I approved the proposed order subject to the attached eait.
l lbh oo cl+_n
(.)[ ',JINATURE J Release Vote / / 777n4, /6 /777 DAT'E Withhold Vote / /
Entered on "AS" Yes ,
No 9705270149 970521 PDR COMMS NRCC l- fe -CORRESPONDENCE PDR
i not be in the record. This issue is, at bottom, a technical one on which we are unwilling to reverse or affirm the Presiding
. Officer without further factual and technical inquiry.
We therefore remand in its entirety the issue of Question 63 qvpdMedb to the Presiding Officer and direct him tofreconsider his prior ruling in light of the utility's May 1st letter. "In commission practice the [ Presiding Officer), rather than the Commission itself, traditionally develops the factual record in the first instance." Gecraia Institute of Technoloav (Georgia Tech Research Reactor) , CLI-95-10, 42 NRC 1, 2 (1995). Accord Yankee Atomic Elec. Co. (Yankee Nuclear Power Station), CLI-96-7, 43 NRC 235, 255 (1996).
We will defei a ruling on the " rounding up" issue, which remains pending before us, until after disposition of the remand.
In light of our remand and the still-pending " rounding up" issue, we grant a temporary stay of LBP-97-2 and LBP-97-d. The staff may withhold issuance of the Senior Reactor Operator license to Mr. Tetrick pending further order of the Commission.
For the Commission John C. Hoyle Secretary of the Commission Dated at Rockville, Maryland, this day of May, 1997.
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