ML20206C129
| ML20206C129 | |
| Person / Time | |
|---|---|
| Issue date: | 09/13/1984 |
| From: | Fox E NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | Blaha J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| Shared Package | |
| ML20204G557 | List: |
| References | |
| FOIA-86-183, FOIA-87-A-3 NUDOCS 8704130005 | |
| Download: ML20206C129 (2) | |
Text
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- r I ita uq'o UNITED STATES 8 'kE NUCLEAR REGULATORY COMMISSION g WASHINGTON, D. C. 20555
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SEP 131984 1
MEMORANDUM FOR: James L. Blaha, Director Program Support and Analysis Staff ;
Office of Inspection and Enforcement i FROM: Edwin F. Fox, Jr., Technical Assistant Program Support and Analysis Staff Office of Inspection and Enforcement
SUBJECT:
REPORT ON COMMISSION BRIEFING: DISCUSSION OF COMMISSION POLICY FOR HANDLING LAST MINUTE ALLEGATIONS ON SEPTEMBER 5, 1984 Purpose of the Briefing:
To provide staff views on handling late allegations and for Comission con-sideration of criteria for handling late allegations.
Participants:
G. Cunningham and L. Chandler (ELD); H. Plaine and M. Malsch (0GC);
A. Rosenthal (ASLAP); and D. Eisenhut (NRR).
Comission Decisions:
Comission agreed that there was no need to proceed with formal rulemaking concerning late allegations, however, there may be a need to look at l 10 CFR 2.764 concerning imediate effectiveness review procedures. )
Corrnission Requests:
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- 1. Staff to develop Policy Statement and criteria for informal processing l of late allegations for Comission. ;
- 2. OGC to look at existing rules for the necessity to change standards to open records in fonnal adjudications.
- 3. Staff to review Board Notification Policy for any needed changes.
General Observations:
OGC provided a sumary of SECY 84-249 " Late Allegations" (Enclosure 1).
The issue discussed in this paper is whether new or different criteria i could.or should be adopted for distinguishing those allegations that warrant prelicensing r.gsolution from those that do not.
CARDE87-A-3 PDR --
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SEP 131984 James L. Blaha OELD followed and presented a sumary of SECY 84-249A (Enclosure 2) which sumarizes the criteria used by the staff at Diablo Canyon for processing late allegations.
Mr. Rosenthal, Chairman, ASLAP, discussed both of his memoranda (July 6, 1984 (Enclosure 3) and August 1, 1984 (Enclosure 4)) concerning SECY 84-249 (Late Allegations). He stated it is a total absurdity to put before boards unvarnished, unprocessed raw allegations. A mechanism exists (discussed in his August 1, 1984 memo) to deal with late allegations which provide relevant new infonnation submitted after a licensing decision date. There is no need to send all allegations to the boards. Additionally, he recommended the dis-continuance and replacement of the existing imediate effectiveness review procedures (10 CFR 2.764(f)2) because it does not reflect the Comission's '
actual practices.
Also enclosed is Mr. Cotter's, Chief Administrative Judge, September 3,1984 memorandum concerning SECY 84-249 (Late Allegations) (Enclosure 5) which concurs in Mr. Rosenthal's views.
f F , Jr. , Technical Assistant regram Support and Analysis Staff Office of Inspection and Enforcement
Enclosures:
1-5 As Stated !
cc: R. C. DeYoung, IE J. M. Taylor, IE J. N. Grace, IE E. L. Jordan, IE J. A. Axelrad, IE J. E. Gagliardo, IE