ML20212F540

Staff Requirements Memo Re 990924 Affirmation Session Concerning SECY-99-236, Firstenergy Nuclear Operating Co, Local 29 Petition to Waive Time Limits in 10CFR2.1305 & Suppl Comments

ML20212F540
Person / Time
Site:	Beaver Valley
Issue date:	09/24/1999
From:	Vietticook A NRC OFFICE OF THE SECRETARY (SECY)
To:	Cordes J NRC OFFICE OF COMMISSION APPELLATE ADJUDICATION (OCAA)
References
REF-10CFR9.7 M990924, SECY-99-236-C, NUDOCS 9909280243
Download: ML20212F540 (2)

Text

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September 24, 1999 sECRETAW MEMORANDUM FOR: John F. Cordes, Acting Director Office of Commission Appellate Adjudication FROM: Annette Vietti-Cook, Secretary ,

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SUBJECT:

STAFF REQUIREMENTS - AFFIRMATION SESSION,11:30 A.M.,

FRIDAY, SEPTEMBER 24,1999, COMMISSIONERS' CONFERENCE ROOM, ONE WHITE FLINT NORTH, ROCKVILLE, MARYLAND (OPEN TO PUBLIC ATTENDANCE)

L SECY-99-236 - FirstEnerav Nuclear Operatina Co.. et Al. (Beaver Vallev Power Station.

Units 1 and 2). Docket Nos. 50-334-LT and 50-412-LT. Local 29's Petition to Waive Time Limits in 10 CFR 6 2.1305 and Sucolemental Comments The Commission' approved a Memorandum and Order which treats Local 29's request in an administrative rather than an adjudicatory context, waives the deadline, and refers the supplemental comments to the staff with instructions to consider exoeditiousiv whether they call into question FirstEnergy's ability to operate the plant safely. Regarding the request for " hearing or other proceedings," the order rules that the staff's review is sufficient to, in Local 29's words,

" ensure the safe operation of Beaver Valley" and that Local 29 has not shown what would be gained from holding a parallel adjudication.

(Subsequently, on September 24,1999, the Secretary signed the Memorandum and Order.)

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.. O Section 201 of the Energy Reorganization Act,42 U.S.C. Section 5841, provides that action of the Commission shall be determined by a " majority vote of the members present." Commissioner Diaz was not present when this item was affirmed. Accordingly the formal vote of the Commission was 3-0 in favor of the decision. Commissioner TIaz, however, had previously indicated that he would approve this paper and had he been present he would have affirmed his prior vote.

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s cc- Chairman Dicus Commissioner Diaz Commissioner McGaffigan Commissioner Merrifield EDO OGC' ClO CFO OCAA OCA OlG OPA Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)

PDR - Advance DCS - P1-17 i

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