ML20202H206
| ML20202H206 | |
| Person / Time | |
|---|---|
| Issue date: | 11/12/1998 |
| From: | Dicus G NRC COMMISSION (OCM) |
| To: | Diaz N, Shirley Ann Jackson, Mcgaffigan E, Merrifield J, The Chairman NRC COMMISSION (OCM) |
| References | |
| REF-10CFR9.7 NUDOCS 9902080040 | |
| Download: ML20202H206 (2) | |
Text
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't, NUCLEAR RE U ORY COMMISSION RELEASED TO THE PDR f
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OFFICE OF THE COMMISSIONER November 12,1998 9
- MEMORANDUM TO:
Chairman Jackson Commissioner Diaz Commissioner McGaffigan Commissioner Merrifield
& h.y hicao FROM:
Commissioner Dicus
SUBJECT:
COMNJD-98-007 - LEG ADVICE AND LITIGATIVE RISK FOR HIGH-PRIORITY POLICY MATTERS r
. While I am in General agreement with the goal of assuring that the Commission is l
9 fully informed of all options for high priority policy matters, including those that may have litigative risk, I do believe we need to be cautious in assuring that we do not expend considerable agency resources on pursuit of courses of action that 3,
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- may prove outside of our regulatory authority. Not long ago the Commission instituted a process for preparing rulemaking plans which allowed early Commission k'nowledge and acceptance of the general direction of the planned' rulemaking, while at the same time assuring that OGC advised early in the
. process of any potential problems with the options being pursued. This allows rulemakings to include necessary information and approaches to address
. potential statutory limitations. I would not want to see a new policy that removed those benefits from rulemaking or minimized the likelihood of similar benefits in j'
_ other policy matters.
It is not clear to me from the discussion in COMNJD-98-007 how the staff proposals would be presented to the Commission and how OGC would be
- involved in providing comments. I want to be assured that we are fully informed t
of all aspects of a policy matter, including legal aspects, before expending limited agency resources to pursue a proposed course of action. I would suggest that the EDO and General Counsel consult and recommend a course of action that
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.9 will address the concems of Commissioner Diaz while minimizing any chance that the Commission would be acting on policy matters without full knowledge of the potentialimplications of the options being considered.-
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