ML20202H158

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Informs That All Commissioners Have Provided Comments on Proposal.Encl Staff Requirements Memo Re COMNJD-98-007/ COMNJD-98-007A Provides Staff Direction on Issue
ML20202H158
Person / Time
Issue date: 01/29/1999
From: Vietticook A
NRC OFFICE OF THE SECRETARY (SECY)
To: Diaz N
NRC COMMISSION (OCM)
References
REF-10CFR9.7 NUDOCS 9902080023
Download: ML20202H158 (1)


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OFFICE OF THE SECRETARY MEMORANDUM TO: Commissioner Diaz FROM: Annette L. Vietti-Cook, Secretary

SUBJECT:

COMNJD-98-007/COMNJD-98-007A - COMMISSION DECISION-MAKING REGARDING THE EFFECTS OF LEGAL ADVICE AND LITIGATIVE RISK ON HIGH-PRIORITY POLICY MATTERS This memorandum is to inform you that all Commissioners have provided comments on your proposal. The attached SRM provides staff direction on this issue.

This completes action on COMNJD-98-007/COMNJD-98-007A.

Attachment:

As stated cc: Commissioner Dieus Commissioner Diaz Commissioner McGaffigan Commissioner Merrifield EDO OGC l

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OFFICE oF THE SECRETARY MEMORANDUM TO: William D. Travers Executive Director for Operations Karen D. Cyr General Counsel FROM: Annette L. Vietti-Cook, Secretary .A

SUBJECT:

STAFF REQUIREMENTS - COMNJD-98-007/COMNJD-98-007A -

COMMISSION DECISION-MAKING REGARDING THE EFFECTS OF LEGAL ADVICE AND LITIGATIVE RISK ON HIGH-PRIORITY POLICY MATTERS The staff, in coordination with the Office of the General Counsel, should ensure viable options are presented in papers submitted to the Commission, including options which may involve litigative risk. As a minimum, if the staff considers options which are not deemed feasible or practical because of litigative risk, the paper should mention the consideration of such options.

OGC always has the option of submitting a paper to the Commission separate from the staff's paper that analyzes the litigative risk in detail or explains why it advised the staff that certain other options were not feasible under current law and explains what legislative relief may be available.

cc: Chairman Jackson Commissioner Dieus Commissioner Diaz Commissioner McGaffigan Commissioner Merrifield CIO CFO OCA OlG f-MTD3WOON q.