ML20141H881
| ML20141H881 | |
| Person / Time | |
|---|---|
| Issue date: | 05/14/1997 |
| From: | Mcgaffigan E 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 9705270154 | |
| Download: ML20141H881 (1) | |
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l ADJUDICATORY PAPER - LIMITED DISTRIBUTIOE $/d (c
AFFIRMATION VOTE RESPON3E SHEET TO: John C. Hoyle, Secretary FROM: COMMISSIONER MCGAFFIGAN
SUBJECT:
SECY-97-104 - EALPH L. TETRICK, PRESIDING OFFICER'S INITIAL DECISION and MEMORANDUM AND ORDER DENYING RECONSIDERATION AND STAY, LBP-97-2 and LBP-97-6 Approved Disanproved Abstain Not Participating Request Discussion COMMENTS:
C ULOd iL; SIGNATDRI' (
.5 ] H l7 Release Vote /g/
DATEl Withhold Vote /%/
l Entered on " AS Yes :( _
No 9705270154 970521 PDR COMMS NRCC -e CORRESPONDENCE,PDR
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$ ( d NUCLE AR REGULATORY COMMISSION i
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- IN RESPONSE, PLEASE May 21, 1997 REFER TO: M970520B f *****
i SECRETARY l MEMORANDUM FOR: John F. Cordes, Acting Director Of fice op 'Comtyission Appellate Adjudication FRON.
< WW< w John m/ 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 SECY-97-104 - Ralph L. Tetrick, Presidino Officer's Initial Decision and Memorandum and Order Denvina Reconsideration i l and Stav, LBP-97-2 and LBP-97-6 The Commission approved a Memorandum and Order which remands 2
one issue to the Presiding Officer and issues a temporary stay preserving the status quo until the case's final resolution.
The Commission was asked to respond to a request from the staff for a stay and review of the Presiding Officer's Initial Decision, LBP-97-1, and his Memorandum and Order denying the staff's request for reconsideration, LBP-97-6. The Commission's 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.
(Subsequently, on May 20, 1997 the Secretary signed the Order.)
1 Section 201 of the Energy Reorganization Act, 42 U.S.C.
I Section 5841, provides that action of the Commission shall be determined by a " majority vote of the members j
present." Commissioner Diaz was not present when this item was affirmed. Accordingly the formal vote of the Commission was 4-0 in -
ror of the decision.
Commissioner Diaz , however , s previously indicated that he would approve this paper and had he been present he would have affirmed his prior vote 1
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cc: Chairman Jackson ,
j Commissioner Rogers Commissioner Dieus Commissioner Diaz ,
l Commissioner McGaffigan EDO. l OGC OCAA OCA OIG Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)
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