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

' REFER TO:

M870409

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'o UNITED STATES NUCLEAR REGULATORY COMMlW510N n

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i W ASHINGTON, D.C. 20555

,o April 16, 1987 CFFCE OF THE SECRETARY MEMORANDUM FOR:

William C..Parler, General Counsel FROM:

h b n C. Hoyle, Assistant Secretary

SUBJECT:

STAFF REQUIREMENTS - AFFIRMATION / DISCUSSION 1

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 review of ALAB-853 and the issue of whether a utility must 4

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 operating license, including one conditioned to permit only 4

1 fuel loading or operations at less than 5 percent power.

Chairman "ech and Commissioner Bernthal have approved the order 1

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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 had additional views.

Commissioners Roberts and Carr disapproved 4

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.)

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Chairman Zech Commissioner Roberts Commissioner Asselstine Commissioner Pernthal Commissioner Carr 4

Commission Staff Offices EDO l

R - Advance j

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

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