ML20235A117
| ML20235A117 | |
| Person / Time | |
|---|---|
| Issue date: | 09/17/1987 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Parler W NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| REF-10CFR9.7 M870910B, NUDOCS 8709230213 | |
| Download: ML20235A117 (2) | |
Text
_ _ _ - _ _ - _ _ _ _ _ _ _ - - _ - -
Ub IN RESPONSE, PLEASE
./
- g UNITED STATES f~
y NUCLEAR REGULATORY COMMISSION g
'O g
a W ASHIN GTON, D.C. 20555
%*****/
September 17, 1987 OFFICE OF THE SECRETARY MEMORANDUM FOR:
William C. Parler, General Counsel FROM:
el J. Chilk, Secretary
SUBJECT:
STAFF REQUIREMENTS - AFFIRMATION / DISCUSSION AND VOTE, 3:30 P.M.,
THURSDAY, SEPTEMBER 10, 1987, COMMISSIONERS' CONFERENCE ROOM, D.C.
OFFICE (OPEN TO PUBLIC ATTENDANCE)
I.
SECY-87-196 - Licensing Board Decision in Radiology Ultra-sound Nuclear Consultants, P.A.
The Commission, by a 5-0* vote, approved an order directed to the presiding. officer of the proceeding on the appeal by Radiology Ultrasound Nuclear Consultants (RUNC) of the NRC staff's denial of RUNC's request for.a license amendment.
In its order the Commission as a matter of discretion has directed the presiding officer to consider a submission from RUNC, sent to the presiding officer after his final decision in the proceeding, as a motion to reopen, to be evaluated by him accordance with the standards for: reopening set forth in 10 CFR Section 2.734.
(Subsequently, on September 11, 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."
Commissioners Roberts and Carr were not present when this item was affirmed.
Accordingly, the formal vote of the Commission was 3-0 in favor of the decision.
Commissioners Roberts and Carr, however, had previously indicated that they would approve this paper and had they been present they wnuld have affirmed their prior votes.
8709230213 870917 PDR 10CFR PT9.7 PDR
.1
./
e
! 4 II.
Jurisdiction Over Kress Creek (SECY-87-200)
The Commission, by a 4-0* vote, approved an order dealing with the jurisdiction and proper division of responsibility between Illinois and the NRC with respect to certain radioactive materials and contamination and whether they should appropri-ately be classified as " source material" under Section 11z of the Atomic Energy Act (AEA) or as " byproduct material" under Section 11e(2) of the AEA.
Commissioner Roberts was unavailable to participate.
The order requests such relevant and material factual information and legal opinions as the State of Illinois, interested counties or municipalities and any present or former parties to either the Kress Creek proceeding or the West Chicago decommissioning proceeding may have.
Until this further proceeding is completed the Commission will exercise jurisdiction, to the extent it did prior to the effectiveness of the Illinois agreement, over the radiologically contaminated materials in Kress Creek and the West Branch of the DuPage River, in Reed-Keppler Park, and the thorium bearing material recovered from residential properties and a sewer treatment plant and now stored at the Kerr-McGee site.
(Subsequently, on September 11, 1987, the Secretary signed the order.)
cc:
Chairman Zech Commissioner Roberts Commissioner Bernthal Commissioner Carr Commissioner Rogers GPA EDO PDR - Advance DCS - 016 Phillips Section 201 of the Encryy 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 Carr were not present when this item was affirmed.
Accordingly, the formal vote of the Commission was 3-0 in favor of the decision.
Commissioner Carr, however, had previously indicated that he wculd approve this paper and had he been present he would have affirmed his prior vote.
I
_