ML20154A714

Staff Requirements Memo on 880428 Affirmation/Discussion & Vote in Rockville,Md Re SECY-88-058 Concerning Draft Order in TMI-2 Leak Rate Proceeding.Commission Approved Order Completing Review of Board 870521 Decision

ML20154A714
Person / Time
Site:	Three Mile Island
Issue date:	05/09/1988
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	Parler W NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
REF-10CFR9.7 M880428B, NUDOCS 8805160115
Download: ML20154A714 (1)

Text

IN RESPONSE, PLEASE REFER TO: M880428B

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W ASHIN GT ON, D.C. 20555 e

%, ,c May 9, 1988 OFFICE OF THE SEChETARY MEMORANDUM FOR: William C. Parler, Gene O Counsel FROM: Samuel J. Chilk, Secre 7

SUBJECT:

STAFF REQUIREMENTS - A?FyRMATION/ DISCUSSION AND VOTE, 3:30 P.M., T;iUSSDAY, APRIL 28, 1988, COMMISSIONERS' CONFERENCE ROOM, ONE W1ITE FLINT NORTH (OPEN TO PUBLIC ATTENDANCE)

I. SECY-88 Draft Order in the TMI-2 Leak Rate Proceeding The Commission, by a 5-0 vote,* approved an order completing its review of a Hearing Board's May 21, 1987 decision that considered what act!on should be taken concerning individuals possibly involved in falsification of reactor coolant system leak rates at TMI Unit 2 prior to the a"cident.

The order lifts the TMI-l restart condition prohibiting employ-ment at T!!I-l in a responsible management or operational position as it applied to all pre-accident TMI-2 operators, shift supervisors, shift foreman or other individuals except James M. Floyd, the Pre-TMI-2 Supervisor of Operations.

Commissioner Bernthal noted that while approving, he would have preferred to follow the the course recommended by the staff in COMSECY-87-ll, i.e., to continue the prohibition for some operators of TMI-2, who may have been implicated by recent allegations of sleeping on duty.

(Subsequently, on April 28 the Secretary signed the order.)

cc: Chairman Zech Commissioner Roberts Commissioner Bernthal Commissioner Carr

, Commissioner Rogers eo GPA

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• Section 201 of the Energy Reorganization Act, 42 U.S.C.

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$5841, provides that action of the Commission shall be deter-mined by a "majority vote of the members present." Commissioner

@$$ Carr was not present when this item was affirmed. Accordingly m'a the formal vote of the Commission was 4-0 in favor of the decision. Commissioner Carr, hrswever, had previously indicated that he would approve this paper and had he been present he would have affirmed his prior vote.