ML20206M919

Staff Requirements Memo Re Commission 870409 Affirmation/ Discussion & Vote in Washington,Dc on SECY-87-079 Concerning ALAB-853 Re Submission of Radiological Emergency Plan. Commission Approved Order Reversing Appeal Board Decision

ML20206M919
Person / Time
Site:	Seabrook
Issue date:	04/16/1987
From:	Hoyle J NRC OFFICE OF THE SECRETARY (SECY)
To:	Parler W NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
REF-10CFR9.7 ALAB-853, M870409, NUDOCS 8704200273
Download: ML20206M919 (1)

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IN RESPONSE, PLEASE

/ 'o UNITED STATES ' REFER TO: M870409

!" n NUCLEAR REGULATORY COMMlW510N

,{ i W ASHINGTON, D.C. 20555

% ,o April 16, 1987 CFFCE OF THE SECRETARY

MEMORANDUM FOR

William C..Parler, General Counsel FROM:

hb n C. Hoyle, Assistant Secretary 1

SUBJECT:

STAFF REQUIREMENTS - AFFIRMATION / DISCUSSION i

AND VOTE, 4:00 P.M., THURSDAY, APRIL 9, 1987, COMMISSIONERS' CONFERENCE ROOM, D.C. OFFICE (OPEN TO .PUBLIC' ATTENDANCE) 4 l I. SECY-87 Review of ALAB-853, In the Matter of Public Service Company of New Hampshire

The Commission, by a 3-2 vote, approved an order completing its 4

review of ALAB-853 and the issue of whether a utility must

submit either a governmental or utility radiological emergency plan for the entire plume exposure pathway emergency planning

, zone for the facility before the Commission may issue any 4

operating license, including one conditioned to permit only 1 fuel loading or operations at less than 5 percent power.

1 Chairman "ech and Commissioner Bernthal have approved the order

{ which reversed the Appeal Board decision indicating that "In the special circumstances of this case our judgment is that j sound policy favors requiring the filing of a state,- local, or utility plan before any operating license is issued, including a license confined to fuel loading or low-power testing."

Commissioner Asselstine approved the result of the order and 4

had additional views. Commissioners Roberts and Carr disapproved I the order; they would have approved an order affirming the i

Appeal Board decision. Commissioners Roberts and Carr had dissenting views.

(Subsequently, on April 9, 1987, the Assistant Secretary signed

the Order.)

{

cc: Chairman Zech Commissioner Roberts Commissioner Asselstine

! Commissioner Pernthal

• 4 Commissioner Carr

!' Commission Staff Offices EDO j

l R - Advance -

CS - 016 Phillips 8704200273 870416 PDR 10CFR PT9.7 PDR

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