ML20198H993

Staff Requirements Memo Re 860515 Affirmation/Discussion & Vote in Washington,Dc on Order Rejecting & Granting Rc Arnold & Eg Wallace Requests,Respectively,For Hearing Concerning Integrity Drawn in Restart Proceeding

ML20198H993
Person / Time
Site:	Three Mile Island
Issue date:	05/23/1986
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	Malsch M NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
REF-10CFR9.7 M860515B, NUDOCS 8605300619
Download: ML20198H993 (2)

Text

! IN RESPONSE, PLEASE

1. REFER TO: M860515B

1. o UNITED STATES g

! n NUCLEAR REGULATORY COMMISSION W ASHINGTON. D.C. 20666 gg g

May 23, 1986

'+o * * * * * *o OFFICE OF THE SECRETARY MEMORANDUM FOR: Martin G. Malsch Acting Genera Counsel k

FROM: / amuel J. Chi , fb Secretary

SUBJECT:

STAFF REQUIREMENTS - AFFIRMATION / DISCUSSION AND VOTE, 3:30 P.M., THURSDAY, MAY 15, 1986, COM-MISSIONERS' CONFERENCE ROOM, D.C. OFFICE (OPEN TO PUBLIC ATTENDANCE)

I. SECY-86-118 - Request for Hearing by R.C. Arnold and E.G. Wallace The Commission,* with Commissioners Roberts, Bernthal and Zech agreeing, approved an order responding to a request by R.C.

Arnold and E.G. Wallace for a hearing on the adverse implica-tions about their integrity drawn in the TMI-1 restart proceeding.

The proposed order:

(1) Finds that with regard to Arnold, there is no reasonable basis to conclude that Arnold made a knowing, willful, or reckless material statement in the NOV response, and therefore no hearing is necessary.

(2) Grants the request for hearing by Wallace and establishes and provides guidance to the Licensing Board.

Chairman Palladino and Commissioner Asselstine approved in part and disapproved in part. They would have held a hearing for both Arnold and Wallace.

• Section 201 of the Energy Reorganization Act, 42 U.S.C. S5841, provides that action of the Commission shall be determined by a

" majority vote of the members present." Commissioner Asselstine was not present when this item was affirmed. Accordingly, the formal vote of the Commission was 3-1 in favor of the decision. ,

commissioner Asselstine, however, had previously indicated that l he would approve this paper in part and disapprove in part and had he been present he would have affirmed his prior vote.

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j t (Subsequently, on May 15, 1986 the Order was signed by the  !

Secretary with the separate views of Chairman Palladino and Commissioners Roberts and Asselstine attached.)

.I i cc: Chairman Palladino Commissioner Roberts Commissioner Asselstine Commissioner Bernthal i Commissioner Zech e Commission Staf f Offices

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