ML20199A020
| ML20199A020 | |
| Person / Time | |
|---|---|
| Issue date: | 06/03/1986 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Jennifer Davis, Minogue R, Taylor J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE), NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20198T239 | List: |
| References | |
| CLI-86-01, CLI-86-1, NUDOCS 8606110682 | |
| Download: ML20199A020 (2) | |
Text
i ..
'o UNITED STATES PDR g
[ g NUCLEAR REGULATORY COMMISSION y,
<p WASHINGTON, D. C. 20555
\ **"*/ JUN 0 3 96 MEMORANDUM FOR: James M. Taylor, Director Office of Inspection & Enforcement John G. Davis, Director Office of Nuclear Material Safety and Safeguards Robert B. Minogue, Director Office of Nuclear Regulatory Research FROM: Victor Stello, Jr. ,
Executive Director for Operations
SUBJECT:
REVISION OF OFFICE POLICY AND PROCEDURES FOR BOARD NOTIFICATION On May 16,1986, the Commission approved SECY-86-134, " Proposed Revision of Board Notification Procedures (NRR Office Letter 19)" which proposed a revision to the NRR Board Notification policy and procedures to reflect the Commission's guidance and directives on staff board notification duties set forth in the Commission's- Waterford decision -- Louisiana Power & Light Co.
(Waterford Steam Electric Station, Unit 3), CLI-86-1, 23 NRC 1 (1986). In Waterford, the Commission stated that there is a duty to inform adjudicatory boards of information concerning an investigation "only when staff or OI have new information which is consMered ' material and relevant to any issue in controversy in the proceeding.'" 23 NRC at 7 (citation omitted, emphasis in' original) . This decision, read beyond the confines of the issues involved in the case, indicates that the staff is to issue board notifications only as to matters relevant and material to admitted issues in controversy before adjudi-catory boards.
Attached is NRR Office Letter 19, Revision 3, which incorporates the board notification guidance enunciated in Waterford. In addition, the revised NRR Office Letter 19 incorporates the board notification policy set forth in the Commission's Statement of Policy: IIandling Late Allegations, 50 Fed.
l Reg.11030 (March 19, 1985), and the standard for notifications to the Com-mission set forth in a Staff Requirements Memorandum: SECY-84-97 Board Notification Policy, dated July 6, 1984. In short , the revised NRR Office Letter provides that:
- 1. The staff will inform the adjudicatory tribunals (presiding officer, Licensing Board, Appeal Board or the Commission) of any new information that is relevant and material to an admit-i ted issue in controversy (contentions or properly admitted l board issues) before that particular tribunal. In close cases where reasonable doubt exists as to whether the information is relevant end material to an admitted issue, a notification
! will be made. The notification will explain how the new infor-mation is relevant and material to an admitted issue.
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- 2. With respect to allegations, the staff will perform an initial screening of allegations and inform the adjudicatory tribunal of those allegations which are found not to be frivolous and to warrant further scrutiny and which are relevant and mate-rial to an admitted issue in the proceeding. The notification will explain how the allegation is relevant and material to an admitted issue.
- 3. The staff will inform the Commission on all issues on the cas-es before the Commission (regardless of the specific issues on those cases that are before the Commission as identified in the weekly reports of Adjudicatory Items Before the Commis-sion), and, in addition, will inform the Commission on all mat-
, ters on all cases whether or not b'efore the Commission that may present serious safety or environmental issues or which may involve substantial public, press, or Congressional inter-est. The notification will explain how the new information meets this standard.
In SECY-86-134. I informed the Commission that. upon Commission approval of the revised NRR notification policy, the board notification policy and pro-cedures of other offices would be conformed to that approved by the Commiselon. Accordingly, you are hereby directed to revise your office's board notification policy and procedures consistent with NRR Office Lettr.r 19, Revision 3.
Original signe4 by.
Victor Steller .
Victor Stello, Jr.
Executive Director for Operations
Enclosure:
NRR Office Letter 19, Revision 3 cc: Chairman Palladino M. Malsch OGC DISTRIBUTION:
Commissioner Roberts S. Chilk, SECY M. Young (2)
Commissioner Asselstine J. Gray Commissioner Bernthal E. Christenbury Commissioner Zech G. Cunningham H. Denton, NRR G. Cunningham, ELD V. Stello OELD Reading File E. Christenbury, OELD A. Cotter, ASLAP Central Files B. Hayes, OI H. Denton Roe T. Murley, RI Rehm J. Grace, RII Sniezek J. Keppler, Rill R. Martin, RIV ED0 R/F POR J. Martin, RV A r. t'/ n
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NAME :MYoung/ :JG ay :EChristenbury: GCunningham:VStollo :
DATE :5/27/86 Q/$/06 :5/@/86 :5/"/86 _: $ / das :