ML20151B632
| ML20151B632 | |
| Person / Time | |
|---|---|
| Issue date: | 04/04/1988 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Parler W NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| REF-10CFR9.7 M880323, NUDOCS 8804110079 | |
| Download: ML20151B632 (1) | |
Text
.
IN RESPONSE, PLEASE 6#
We, UNITED STATES
!4 NUCLEAR REGULATORY COMMISSION n
{,
.: j W ASH IN GTON, D.C. 20555 g
April 4, 1988 OFFICE OF THE SECRETARY MEMORANDUM FOR:
William C. Parler, General Counsel FROM:
el J.
Chilk, Secretary
SUBJECT:
STAFF REQUIREMENTS - AFFIRMATION / DISCUSSION AND VOTE, 2:00 P.M.,
WEDNESDAY, MARCH 23, 1988, COMMISSIONERS' CONFERENCE ROOM, D.C.
OFFICE (OPEN TO PUBLIC ATTENDANCE)
I.
SECY-88 Proposed Final Rule Revising Agency Procedures Governing Ex Parte Communications and Separation of Functions The Commission, by a 5-0 vote,* approved final amendments to 10 CFR Parts 0 and 2 that revised the Commission's ex parte and separation of functions rules.
The amendments update the existing rules by incorporating requirements imposed by the Government in the Sunshine Act as it relates to ex parte communications.
The final rule also allows members of the NRC staff to serve as confidential advisors to the Commission with respect to a contested proceeding so long as those members do not act as investigators or litigators in the proceeding.
The rule is intended to aid in maintaining effective communication between decision-making officials and NRC staff personnel and individuals outside the NRC while ensuring that proceedings are conducted in an impartial manner.
(Subsequently, the Federal Register notice was signed on March 25, 1988).
cc:
Chairman Zech Commissioner Roberts Commissioner Bernthal Commissioner Carr Commissioner Rogers GPA EDO PDR - Advance DCS - 016 Phillips
- Section 201 of the Energy Reorganization Act, 42 U.S.C.
S5841, provides that action of the Commission shall be deter-mined by a "majority vote of the members, resent."
Commissioners Bernthal and Carr were not present when this item was affirmed.
Accordingly the formal vote of the Commission was 3-0 in favor of the decision.
Commissioners Bernthal and Carr, however, had previously indicated that they would approve this paper and had they been present they would have affirmed their prior votes.
880411oo79 880404 PDR 10CFR PT9.7 pop
.--