ML20212M637
| ML20212M637 | |
| Person / Time | |
|---|---|
| Issue date: | 03/09/1987 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| References | |
| FRN-51FR40438, REF-10CFR9.7 AC27-2-65, M870226B, NUDOCS 8703120107 | |
| Download: ML20212M637 (1) | |
Text
F IN RESPONSE, PLEASE g$
- o UNITED STATES
]
NUCLEAR REGULATORY COMMISSION N
WASHINGTON, D.C. 20555 4,*****y March 9, 1987 OFFEE OF THE SECRETARY MEMORANDUM FOR: ' Victor Stello, Jr.
Executive Dir tor or Operations FROM:
Samuel J. Chil,
cretary
SUBJECT:
STAFF REQUIREMENTS - AFFIRMATION / DISCUSSION AND VOTE, 3:00 P.M., THURSDAY, FEBRUARY 26, 1987, COMMISSIONERS' CONFERENCE ROOM, D.C. OFFICE (OPEN TO PUBLIC ATTENDANCE)
I.
SECY-87 Final Rule 10 CFR 73.57, Implementing Require-ments for Licensee Access to FBI Criminal History Data The Commission, by a 4-l* vote, approved a final rule which implements procedures for the control and use of criminal history data received from the Federal Bureau of Investigation (FBI) as part of federally mandated criminal history checks of individuals granted unescorted access to nuclear power facil-ities or access to Safeguards Information by power reactor licensees.
The Commission also agreed with modifications provided by the staff on February 24, 1987, and with changes by Chairman Zech and Commissioner Asselstine which would retain a reference to the "First Amendment" in the rule and specify in subsection (e) (2) that licensees must provide at least 10 days for workers to challenge the FBI record.
Commissioner Asselstine disapproved because he would have deleted section (b) (2) (v) on temporary worker access and would deal with this issue in additional rulemaking.
(Subsequently, on February 26, 1987, the Secretary signed the Federal Register Notice and forwarded it for publication.)
cc:
Chairman Zech l
Commissioner Roberts l
Commissioner Asselstine Commissioner Bernthal Commissioner Carr Commission Staff Offices JP R - Advance WCS - 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 affirmed.
Accordingly, the formal vote of the Commission was 3-1 in favor of the decision.
I Commissioner Bernthal, however, had previously indicated that he would approve this paper and had he been present he would have affirmed his prior vote.
0703120107 870309 PDR 10CFR PT9.7 PDR t
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