ML20214U604
| ML20214U604 | |
| Person / Time | |
|---|---|
| Issue date: | 05/21/1985 |
| From: | Malsch M NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| Shared Package | |
| ML20214U543 | List: |
| References | |
| FOIA-87-18 SECY-85-103, NUDOCS 8706110264 | |
| Download: ML20214U604 (2) | |
Text
. . . .- - - _ _ __________. - _ _
4-('
i March 21, 1985 SECY-85-103 For: The Commissioners From: Martin G. Malsch
- Deputy General Counsel
Subject:
UCS v. NRC, 735 F.2d 1437 (D.C. CIR.
1984) (EMERGENCY PREPAREDNESS EXERCISES MAY NOT BE EXCLUDED BY RULE FROM OL ,
HEARINGS) 1
Purpose:
To obtain approval for publication of a Federal Register notice conforming NRC regulations to the Court's decision.
Prior History: The above-captioned case was discussed in SECY papers84-262 and 84-418. It was also
, the subject of a January 3, 1985 memorandum from Deputy Solicitor Slaggie. As you were advised in SECY-84-418, the United States did not seek Supreme Court review of the court's decision in this case. On January 7, 1985, j the Supreme court denied the Utility-l Intervenors' petition for Supreme Court review. On January 30, 1985, the United
- States Court of Appeals for the D.C. Circuit issued its formal mandate in the case.
1 I Discussion: The Court's decision vacated the 1982 Amendment to the NRC's emergency planning and
- preparedness regulations which stated that emergency preparedness exercises were part of the operational inspection process and not
Contact:
Theresa W. Hajost, OGC 1
x41493 3
~
Information in this record was de:e:ed ,
in accordance wit Freedom of Int:rmztion
(
- Act, exempticas - - -
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2 part of any operating license hearing.
7- 10 C.F.R. 50.47 (a) (2) . The Commission must now comply with the Court's mandate.
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