ML20211K773
| ML20211K773 | |
| Person / Time | |
|---|---|
| Issue date: | 10/15/1986 |
| From: | Asselstine NRC COMMISSION (OCM) |
| To: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| References | |
| NUDOCS 8612150150 | |
| Download: ML20211K773 (2) | |
Text
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N0TATI0N V0TE RESPONSE SHEET T0:
SiMUELJ.CHILK,SECRETARYOFTHECOMMISSION FROM:
COMMISSIONER ASSELSTINE
SUBJECT:
SECY-86 MATERIAL FALSE STATEMENTS AS MODIFIED BY CHAIRMAN ZECH ON OCTOBER 9, 1986 j
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APPROVED DISAPPROVED b
ABSTAIN NOT PARTICIPATING REQUEST DISCUSSION
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COMMENTS:
A T7Acg53 kR Ch S h $A5
'M"->lA CORRESPONDENCE PDR SIGNAIURL
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f YES NO
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Entered on "AS"
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DAlb SECRETARIAT NOTE:
PLEASE ALSO RESPOND TO AND/OR COMMENT ON OGC/0PE MEMORANDUM IF ONE HAS BEEN ISSUED ON THIS PAPER.
l HRC-SECY FORM DEc. 80
I do not agree with the Chairman's proposal.
I have already detailed most of
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the reasons for my disagreement in my memo of September 24, 1986 so I will not recite them here. However, I will note that an additional reason I cannot support the Chairman's proposal is the standard of proof necessary for an oral false statement - " clearly demonstrated knowledge of the inaccuracy or incompleteness." That is an extraordinarily high standard, and one with which I, at least, am unfamiliar. The standard should not be so high. Also, we should not insert into the material false statement rule a standard which is new, unfamiliar, and vague; it is not an accepted " term of art" with which everyone will be familiar.
Few people, if any, will understand what it means, and we will have to spend years developing a definition on a case-by-case basis. That makes little sense when one of the stated purposes of promulgating a rule was to set down clearly what the rules of the game are so that the licensees would know exactly what was expected of them.
I would not finalize the SRM until OGC has answered Commissioner Bernthal's questions. Also, I still believe that we should hear from the D0J before we proceed further, and we should provide them with this version of the proposed rule rather than the staff's proposal so that they comment on the proposal the Commission is actually considering.
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