ML20211B500

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Staff Requirements Memo Re 860529 Affirmation/Discussion & Vote in Washington,Dc Re SECY-86-149 on Granting Licensee Request for Hearing in Civil Penalty Case Per 860304 Order. I Smith Appointed Presiding Officer
ML20211B500
Person / Time
Issue date: 06/05/1986
From: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
To: Malsch M
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
REF-10CFR9.7 M860529, NUDOCS 8606110708
Download: ML20211B500 (1)


Text

IN RESPONSE, PLEASE p"""%:,o't REFER TO:

M860529 UNITED STATES y"

NUCLEAR REGULATORY COMMISSION

{

W ASHINGTON,0.C. 20555

't, June 5, 1986 O/FICE OF THE SECRETARY MEMORANDUM FOR:

Martin G. Malsch Acting General Counsel h

uel J. Chilk, Secretary FROM:

,tr

SUBJECT:

STAFF REQUIREMENTS - AFFIRMATION / DISCUSSION AND VOTE, 9:45 A.M., THURSDAY, MAY 29, 1986, COM-MISSIONERS' CONFERENCE ROOM, D.C. OFFICE (OPEN TO PUBLIC ATTENDANCE)

I.

SECY-86-149 - Licensee Hearing Recuest in Civil Penalty Case (GPU Nuclear)

The Commission, by a 5-0* vote, approved issuance of a Notice of Hearing relating to a March 4, 1986 order in which the NRC imposed a civil monetary penalty (51 Fed. 8581, March 12, 1986) on General Public Utilities Nuclear Corporation for alleged discrimination against Richard D.

Parks, a Bechtel employee.

The request for a hearing was made by the licensee (GPU) in a letter dated March 20, 1986.

The order grants the licensee's request for a hearing and appoints Judge Ivan Smith as the presiding officer.

The Atomic Safety and Appeal Board has also been authorized to perform review functions.

(Subsequently, on May 29, 1986 the Secretary signed the Order.)

cc:

Chairman Palladino Commissioner Roberts Commissioner Asselstine Commissioner Bernthal Commissioner Zech Commission Staff Offices EDO PpR - Advance

@CS - 016 Phillips

  • Section 201 of the Energy Reorganization Act, 42 U.S.C. S5841, provides that action of the Commission shall be determined by a

" majority vote of the members present."

commissioner Bernthal was not present when this item was af firmed.

Accordingly, the formal vote of the Commission was 4-0 in favor of the decision.

Commissioner Bernthal, however, had previously indicated that he would approve this paper and had he been present he would have affirmed his prior vote.

8606110708 860605 PDR 10CFR PT9.7 PDR