ML20216F122
| ML20216F122 | |
| Person / Time | |
|---|---|
| Issue date: | 08/13/1997 |
| From: | Diaz N NRC COMMISSION (OCM) |
| To: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20216F083 | List: |
| References | |
| SECY-97-144-C, NUDOCS 9709110168 | |
| Download: ML20216F122 (2) | |
Text
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N OT ATION VOTE 1
RESPONSE SHEET l TO: John C. Hoyle, Secretary FROM: COMMISSIONER DIAZ
SUBJECT:
SECY-97-144 - POTENTIAL POLICY ISSUES RAISED BY NON-OWNER-OPERATORS ApprovedhXI disEp"p' roved Abstain
/~(
Not Participating Request Discussion COMMENTS:
See attached comments
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Al khJ SIGNATURhV Release Vote / x / 2 -l 'h -9 7 DATE Withhold Vote / /
Entered on "AS" Yes No S0"c0A$$fd8g29 CORRESPONDENCE PDR b h lIOlh $ fY' - - - - _ - -
COMMENTS OF COMMISSIONER DIAZ ON SECY-97-144 I approve the staff's position on the general evaluative criteria for determining when a licensee's use of a non-owner service company for operational management requires the NRC's review and approval under 10 CFR 50.80 and associated guidance. I also concur in the staff's proposed continuation of its case-by-case approach in view of the potential variety of operational and contractual arrangements.
However, the staff should provide greater definition to the decisional criteria so that the meaning and consistency of such concepts as " ultimate power to direct the day-to-day activities of the contractor" and autonomy in terms of conducting licensed activities" is clear. At this general level, the staff should be able to add clarity now since these concepts are closely related to application of the NRC's fundamental and long-standing requirements that a person be licensed for receipt, posession, use, or transfer of regulated materials or facilities.
While the NRC's experience with non-owner operator arrangements in power reactor licensing may be limited, the staff has identified 15 power reactors operated by operating companies that do not own the plants.
I agree with Comissioner Dicus that the staff should ensure coordination between '
offices and a consistent agency approach.
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