ML20209D717
| ML20209D717 | |
| Person / Time | |
|---|---|
| Issue date: | 03/14/1983 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| Shared Package | |
| ML20209D524 | List:
|
| References | |
| FOIA-85-409, TASK-PII, TASK-SE SECY-83-101, NUDOCS 8501080500 | |
| Download: ML20209D717 (3) | |
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UNITED STATES F' e. c c NUCLEAR REGULATORY COMMISSION
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/ AUE 12 li.CiORAND"M FDR: Cha'r an Ahearne Con:nissioner Gilinsky Commissioner Hendrie Commissioner Bradford FROM: Foward K. Shapar Executive Legal Director THRU: William J. Dircks (Sip:MiM E# -
Acting Executive Director for Operations SU3 JECT:
DELEGE. TION OF C0Ki!SSION AUTHOP.ITY FOR CE.C.TAIN .". ATE?IALS LICE %E PROCEEDlHGS This responds to the Coc:nission's request (Chilk to Dircks memorandum of July 25,1980 on the subject noted above) fer staff views on the following:
Whether the Cormission's Rules of Practice (10 CFR Part 2) should be amended to permit Atanic Safety and Licensing Boards (ASLB) to routinely assume the functions of ruling on petitions for hearings and conducting hearings regarding materials licens.es such as for uranium mills, and delegatire th: Ccc::'ssic.:':: review fu:ctica to the Ap;stl 33rd for sucn proceedings,qubject to the possibility of later Commission review.
The necessity and desirability of requiring public notice in the' case of important materials licenses. -
Each of these matters is discussed in tlie OELD legal analysis which is attached. For the reasons stated in that analysis, our views on each of them may .be surxnarized as folloies:
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January 17, 1985
, RULEMAKING ISSUE sm-es-20 (Notation Vote)
For: The Conmissioners From: William J. Dircks Executive Director for Operations
Subject:
RELATIONSHIP BETWEEN INVESTIGATIONS / INSPECTIONS AND ADJUDICATIONS (SECY-84-276/276A) - PROPOSED AMEN 0MENTS TO 10 CFR PARTS 0 AND 2 ESTABLISHING SPECIAL EX PARTE IN CAMERA PROCEDlGES FOR RESOLYING CONFLICTS MNEAliTNTTHE I)TSCLUSURE OR NONDISCLOSURE OF INFORMATION.
Sunnary: On September 12, 1984 1/, the Cocmission directed the
- Executive Director for Operations to prepare a proposed rule which would implement those provisions of the
' Coamission's Statement of Policy on Investigations, Inspections, and Adjudicatory Proceedings which call for the establishment of special procedures for resolving conf.licts respecting the obligation of the NRC staff to disclose information deemed relevant and material to a pend,ing adjudication and the need of the NRC staff to withhpid that infomation from disclosure because it relatds to an NRC investigation or inspection or would .
reveal the ideh.tity of a confidential informan,t.(
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Purpose:
i 10 request Conmission approval of the proposed rule (Enclosure 1) for publication in the Federal Recister and to request Coamission consideration and action on the draft staff requirements memorandum (Enclosure 2).
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Staff requirements memorandum for William J. Dircks, Executive Ofrector for Operations from Samuel J. Chilk, Secretary, September 12, 1984, r )
SECY-84-276/276A.
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Contact:
Jane R. Mapes OELD '
492-8695 ,
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William J'. Dircks Executive Director for Operations Enclosure-
- 1. Federal Register Notice of Proposed Rulemaking. .
- 2. Draft staff requirements memorandum.
-Commissioners' comments or consent should be provided directly to the. Office of the Secreta ~ry by c.o.b. Wednesday, February 6, 1985. ,
Commission Staff Qffice comments, if any, should be submitted to the Commissioners NLT Wednesday, January 30, 1985, with an information copy go the Office of the Secretary. If the paper .
p is of such a natur( that it requires additional time for analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.
DISTRIBUTION:
Commissioners OGC.
OPE OI OCA OIA OPA REGIONAL OFFICES EDO ELD ACRS ASLBP ASLAP SECY i
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