ML20205E349

From kanterella
Jump to navigation Jump to search
Staff Requirements Memo Re Commission 851003 Affirmation/ Discussion & Vote in Washington,Dc Approving Final Rule Which Delegates Addl Rulemaking Authority to Edo.Manual Chapter Revs Encl
ML20205E349
Person / Time
Issue date: 10/11/1985
From: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
To: Dircks W, Plaine H
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO), NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
REF-10CFR9.7 M851003B, NUDOCS 8510170271
Download: ML20205E349 (3)


Text

._. . . . _ ____ _ _ . _ _ _ . _ _ . _ _ _ _ _ _ _ . _ . _ _ _ _ _ . _ _ _ _ _ _ - _

  • IN RESPONSE, PLEASE l [ para
  • o UNITED STATES REFER TO: M851003B '

, [3,,, g NUCLEAR REGULATORY COMMISSION-

g W ASHINGTON. D.C. 20555 October 11,1985
4.  %'**...#

j OFFICE OF THE SECRETARY  ;

i J

MEMORANDUM FOR: William J. Dircks, Executive Director for Operations I

Herzel H.E. Plaine, General Counsel  ;

1 FROM: Samuel J. Chilk, Secretajrf 1

, , 1 i

SUBJECT:

STAFF RECUIREMENTS - AFFIR. TION / DISCUSSION AND VOTE, 3:30 P.M., THURSDAY, OCTOBER 3, j 1985, COMMISSIONERS' CONFERENCE ROOM, D.C.

! OFFICE (OPEN TO PUBLIC ATTENDANCE) 1 i

1 l I. SECY-85-298 - Delegation of Additional Rulemaking Authority

] to the Executive Director for Operations i

The Commission, by a 3-2 vote (with Chairman Palladino and I Commissioners Robert and Zech agreeing), approved a final rule i which delegates additional rulemaking authority to the Executive l Director for Operations. The delegation provides the EDO authority to issue (1) minor rules under Parts 0, 2, and 110; 2

and (2) minor amendments of a non-policy or corrective nature i to Commission regulations including those in Parts 0, 2, 7, 8, 9 Subpart C, and 110.

, The approval is subject to a condition that the EDO obtain the

concurrence of OELD, OGC, and both adjudicatory Panels before
promulgating an addition to, or an amendment of the rules of

, practice. In the absence of this concurrence the EDO must submit the proposed addition or amendment to the Commission for its consideration. (See attached manual chapter revisions to j implement this concurrence requirement.) i i'

Commissioners Asselstine and Bernthal disapproved the rule change. (Commissioner Bernthal would have delegated the

responsibility to the Chairman.)

You should forward the Federal Register Notice for signature and publication.

(OGC) (SECY Suspense: 10/21/85)

The revised manual chapter should be incorporated into the NRC Manual. i

(EDO) (SECY Suspense
10/21/85) l l

l l 8510170271 PDR 851011

10CFR
PT9.7 PDR 4

, . . - . , . . . . - , . . , - . - , . . ,-----..-.,,,.,,...,.,,n--. , _ , . , , - - . , _ . _ - - , - - . , .

s

Attachment:

As stated cc: Chairman Palladino Commissioner Roberts Commissioner Asselstine Commissioner Bernthal Commissioner Zech Commission Staf f Of fices PDR - Advance DCS - 016 Phillips

d i

i .

I Fevised Manual Chapter 4

i f

ORGANIZATION AND FUNCTIONS l NRC-0103-0310 OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS

! 0310 the EDO's delegated authority under paracraph -0213 i of this chapter does not extend to the promulcation of proposed and final rules in the following areas, unless the proposed or i final rules do not raise policy issues or are of a corrective nature: 10 CFR Parts 07-e7 7, 8, and 9, Subpart C. ana-it9-Before promulcatina a preposed or final rule modifying Part 2, the EDO is to obtain the concurrence of the Office of the General Counsel, the Office of the Executive Legal i

Director, the Chairman, Atomic Safety and Licensing Appeal Panel, and the Chief Administrative Judae, Atomic Safety and Licensing Board Panel. If any office falls to concur, the proposed action is to be referred to the Commission.

l

}

j t

s 4

[

i i

l l

l

. .. .. _ - . . - _ . - - _ _ - - - - - - - - . _ - _ - . - .. . - . .