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) | |
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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.
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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 x41493 3
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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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