ML20155B782

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Informs That Commission,By 4-0 Vote,Approved Final Rule SECY-88-102, Final Backfit Rule Which Conforms NRC Backfit Rule w/870804 Decision of Us Court of Appeals for DC During 880527 Affirmation/Discussion & Vote
ML20155B782
Person / Time
Issue date: 06/06/1988
From: Chilk S
NRC COMMISSION (OCM)
To: Parler W
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
REF-10CFR9.7 M880527, NUDOCS 8806130333
Download: ML20155B782 (1)


Text

C IN RESPONSE, PLEASE REFER TO:

M880527

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9'o UNITED STATES "g

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NUCLEAR REGULATORY COMMISSION n

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.. C W ASHIN GTON, D.C. 20555 E

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'+9.....,o June 6, 1988 OFFICE OF THE SECRETARY MEMORANDUM FOR:

William C. Parler, General Counsel

% 54 FROM:

G Samuel J. Chilk, Secretary

SUBJECT:

STAFF REQUIREMENTS - AFFIRMATION / DISCUSSION AND VOTE, 10:00 A.M.,

FRIDAY, MAY 27, 1988, COMMISSIONERS' CONFERENCE ROOM, ONE WHITE FLINT NORTH, ROCKVILLE, MARYLAND (OPEN TO PUBLIC ATTENDANCE)

I.

SECY-88-102 - Final Backfit Rule The Consission, by a 4-0* vote, approved a final rule which conforms the Commission's backfit rule with the August 4,

1987, decision of the U.S.. Court of Appeals for the District of Columbia Circuit.

(Subsequently on May 31, 1988, the Secretary signed the rule and forwarded it to the Federal Register for publication.)

cc:

Chairman Zech Commissioner Roberts Commissioner Carr Commissioner Rogers GPA EDO PDR - Advance v6CS - Pl-124 8806130333 080606 PDR COMMS NRCC CORRESPONDENCE PDR

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

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f 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 the formal vote of the Commission was 3-0 in favor of the decision.

Commissioner Carr, however, had previously indicated f

that he would approve this paper and had he been present he would have affirmed hic prior vote.

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