ML20202H597
| ML20202H597 | |
| Person / Time | |
|---|---|
| Issue date: | 11/16/1998 |
| From: | Diaz N NRC COMMISSION (OCM) |
| To: | Dicus G, Shirley Ann Jackson, Mcgaffigan E, Merrifield J, The Chairman NRC COMMISSION (OCM) |
| References | |
| COMNJD-98-007, COMNJD-98-007A, COMNJD-98-7, COMNJD-98-7A, NUDOCS 9902080130 | |
| Download: ML20202H597 (2) | |
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UNITED STATES' 9,
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NUCLEAR REGULATORY COMMISSION COMNJD-98-007A El j
WASHINGTON, 0.c. 20555 e
g*****j November 16,1998 RELEASED TOTHE PDR Commissioner
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MEMORANDUM TO:
Chairman Jackson Commiscioner Dicus Commissioner McGaffigan Commissioner Merrifield
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'{I FROM; Commissioner Diaz
SUBJECT:
COMNJD-98-007 -- COMMISSION DECISION-MAKING j
REGARDING THE EFFECTS OF LEGAL ADVICE AND l
LITIGATIVE RISK ON HIGH-PRIORITY POLICY MATTERS l provide this supplemental memorandum concerning COMNJD-98-007 to elaborate briefly on j
the intent and expected outcomes of my recommendation. It appears that additional explanation would be useful to prevent further misunderstanding of some aspects of my proposal.
My proposalis directed at keeping the Commission fully and current informed of the interaction l
of technical and legal considerations on certain specific high-priority action issues. As the l
Chairman and the Commissioners have noted repeatedly, most of these action issues have I
been the subject of high Commission and staff attention, as well as stakeholder interest, for long k periods of time, not merely problems posed by Senate critics.
[O We have all been told at one time or another that options could not be presented to the j
Commission in a timely or complete manner because of difficulties in addressing legal concerns, gg j
e_J., some of the 50.59 approaches. Therefore, the objective of my proposalis to add j
assurance that the Commission can exercise its decision-making responsibilities when consideration oflitigative risk may foreclose or alter substantially the development of analysis j
and recommendations that the technical staff would otherwise undertake on these select issues.
j It is obvious that the Commission should not discourage staff from obtaining legal advice. On the contrary, the Commission should emphasize the importance of clarity in communication and decision-making on the interplay between technical and legal views. I believe that we can foster l
early consideration of legal concerns, particulerly litigative risk, by requesting receipt of the j
technical staff's independent approaches, analyses and recommendations-during development of the planned action if possible-when legal considerations are leading to attemative courses of l
action. As stated in COMNJD-98-007, an explanation of the interplay between the legal concerns and the alternative courses of action should also be provided when appropriate. This j
approach should benefit the technical staff and our legal advisors as we pursue timely resolution of high-priority policy matters.
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' In summary, my proposal stems from our furidamental interest in fully-informed and timely l
l; decision-making. Assurance of the transparency of key legal and technicalinteraction on the specified issues should serve these interests well.
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