ML20215H892

Staff Requirements Memo Re Commission 870611 Affirmation/ Discussion & Vote in Washington,Dc Re SECY-87-7A Concerning Commission Order Addressing Intervenor Motion to Reopen Facility Emergency Plan

ML20215H892
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	06/22/1987
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	Parler W NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
REF-10CFR9.7 M870611B, NUDOCS 8706240253
Download: ML20215H892 (4)

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IN. RESPONSE, PLEASEI p' . '

REFER TO: .M870611B

%*o ' UNITED STATES

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j NUCLEAR REGULATORY COMMISSION WASHINGTON,0.C. 20555 M

g- cp June 22, 1987

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-A OFFICE OF THE

' SECRETARY-MEMORANDUM FOR: William'C. Parler, General Counsel FROM - h amuel'J.'Chilk,. Secretary ~

SUBJECT:

1 STAFF REQUIREMENTS - AFFIRMATION / DISCUSSION

.AND-VOTE, 3:30'P.M., THURSDAY, JUNE 11, 1987, COMMISSIONERS' CONFERENCE ~ ROOM, D.C. OFFICE (OPEN TO PUBLIC ATTENDANCE)

I. SECY-87-7A - Commission Order Addressing Intervenor Motion to Reopen the Shoreham Emergency Plan The' Commission (with Chairman Zech and Commissioners Roberts, Bernthal,'and Carr agreeing)* approved an order which responds to an intervenor request to.the Commission to reopen the'

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emergency planning-record'on three. issues. 'The order. grants  !

the request to reopen'on the withdrawal 1of the primary emergency broadcast system (EBS) radio station'(WALK Radio) from the Shoreham plan,.and denies reopening (1) on the lack of an agreement with the American Red Cross to participate in the

' plan, and (2)'on the availability of shelters for evacuees in a potential.Shoreham emergency.

Commissioner Asselstine approved in'part and disapproved in part, he would have reopened the hearing on all three issues.

LCommissioner Asselstine also provided additional' views.

(Subsequently, on June 11, 1987, the Secretary signed the Order.)

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• Section 201 of the Energy Reorganization Act, 42 U.S.C.

.S5841, provides that action.of the Commission shall'be deter - f mined by a " majority vote of the members present." Commissioner j Bernthal was not present when this item was affirmed. Accord- l ingly, the formal vote of the Commission was 3 in favor of the

. decision, with Commissioner Asselstine approving in part and-disapproving in part. Commissioner Bernthal, however, had previously indicated that he would approve this paper and had he been present he would have affirmed his prior vote.

'8706240253 870622 PDR 10CFR PT.7 PDR ,

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, II. SECY-87-105A - Shcreham -r Evaluation of Replies to LILCO Request fj_r, Authorization to Increase Power to 25%

The Commission, by a 5-0* vote, approved an order denying LILCO's request for Cormission authorization to operate Shoreham at 250 power. The Commission noted that "LILCO's request introdVdes a series of now material factual issues into this already conplicated and prolonged proceeding, but neither LILCO nor the N2C staff has offered any suggestion as to how these factual issues can possibly be resolved before the end of this summer if we follow our normal acijndicatory hearing procedures in 10 CFR S50.57(c) and 10 CFR Part 2, Subpart G."

(Subsequently, on June 11, 1987, the Secretary signed the Order.)

III. SECY-87-122A - NFS Ltd's Proposed Purchase of the Stock of NFS, Inc.--and OCAWIU's Request for Hearing Thy Commission, by a 5-0** vote, approved an order responding to requests from the Oil, Chemical, and Atomic Workers' Inter-national Union for a public hearing on the request by NFS Services, Ltd. for NRC approval of its purchase of the stock of NFS, Inc.

The order denies the Union's request for a statutory hearing but initiates a meeting between the Union and a senior NRC staff official to hear and consider any information which the Union may have about the proposed purchase that is relevant to NRC's review.

(Subsequently, on June 12, 1987, the Secretary signed the Order.)

• Section 201 of the Energy Reorganization Act, 42 U.S.C.

S5841, provides that action of the Commission shall be deter-mined by a " majority vote of the members present." Commissioner Bernthal was not present when this item was affirmed. Accord-ingly, the formal vote of the Commission was 4-0 in favor of l the decision. Commissioner Bernthal, however, had previously indicated that he would approve this paper and had he been present he would have affirmed his prior vote.

• • Section 201 of the Energy Reorganization Act, 42 U.S.C. j S5841, provides that action of the Commission shall be deter- l mined by a " majority vote of the members present." Commissioner Bernthal was not present when this item was affirmed. Accord-ingly, the formal vote of the Commission was 4-0 in favor of l the decision. Commissioner Bernthal, however, had previously l indicated that he would approve this paper and had he been present he would have affirmed his prior vote.

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. IV. SECY-87-127 .PSNH's Emergency Plan Submittal and Request for Low Power License The Commission, by a 3-2* vote, approved an order responding to a motion by the Public Service Company of New Hampshire-(PSNH) to vacate the Commission decision on CLI-87-2 as moot and to lif t the stay on low power operation at Seabrook. -

The order denies the motion and notes that "there can be no low power operation at Seabrook beyond fuel loading and precriti-cality testing unless and until the applicants file a bona fide utility offsite emergency plan for Massachusetts that satisfies the Commission's threshold requirement." Commissioners Roberts and Carr disapproved the order. Commissioner Carr had dissenting views with which Commissioner Roberts concurred. Commissioner Asselstine also had additional views.

(Subsequently, on June 11, 1987, the Secretary signed the Order.)

V. SECY-87-128 - Request for Hearing on Applications to Import Uranium of South African Origin The Commission, by a 5-0** vote, approved an order responding to a petition for leave to intervene and a request for hearing on applications to import South African uranium ore and uranium hexaflouride into the United States.

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• Section 201 of the Energy Reorganization Act, 42 U.S.C.

S5841, provides that action of the Commission shall be deter-mined by a " majority vote of the members present." Commissioner i Bernthal was not present when this item was affirmed. In order l to allow the will of the majority to prevail, Commissioner Carr  !

did not participate in the formal vote of the Commission. I Accordingly, the formal vote of the Commission was 2-1 in favor of the decision. Commissioner Bernthal, however, had previously indicated that he would approve this paper and had he been present he would have affirmed his prior vote. Commissioner Carr had indicated that he disapproved and would have affirmed his prior vote.

• • Section 201 of the Energy Reorganization Act, 42 U.S.C.

55841, provides that action of the Commission shall be deter-mined by a " majority vote of the members present." Commissioner Bernthal was not present when this item was affirmed. Accord-ingly, the formal vote of the Commission was 4-0 in favor of the decision. Commissioner Bernthal, 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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The order initiates a hearing which will consist of written  !

comments. The Executive Branch, petitioners, applicants, and any other member of the public are invited to submit written I comments on the issues raised by the license applications within 30 days with reply comments due within 15 days thereafter.

(Subsequently, on June 12, 1987, the Secretary signed the Order.)

VI. SECY-87-131 - METCOA, Inc., FDBA the Pesses Company (Hearing with Respect to Immediately Effective Order Modifying License No. STB-1254; EA-85-122)

The Commission, by a 5-0* vote, approved an order responding to l a request for a hearing by the trustee in bankruptcy for I METCOA, Inc. (formerly the Pesses Company of Pulaski, l Pennsylvania). The hearing was requested in response to a Commission order requiring the licensee and/or its legal I successor to submit a decontamination plan and complete decon-tamination of the licensee's facility.

The order denies the trustee's request for a hearing, barring a I renewed request which raises issues unresolved in the bankruptcy proceeding.

f (Subsequently, on June 12, 1987, the Secretary signed the

, Order.)

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cc: Chairman Zech Commissioner Roberts Commissioner Asselstine Commissioner Bernthal Commissioner Carr Commission Staff Offices GPA EDO PDR - Advance DCS - 016 Phillips

• Section 201 of the Energy Reorganization Act, 42 U.S.C.

S5841, provides that action of the Commission shall be deter-mined by a " majority vote of the members present." Commissioner Bernthal'was not present when this item was affirmed. Accord-ingly, the formal vote of the Commission was 4-0 in favor of the decision. Commissioner Bernthal, 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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