ML20236N894

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Staff Requirements Memo Re Commission 871105 Affirmation/ Discussion & Vote in Washington,Dc on SECY-87-217 Concerning Review of ALAB-832 Emergency Planning Issues
ML20236N894
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 11/12/1987
From: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
To: Parler W
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
REF-10CFR9.7 ALAB-832, M871105A, NUDOCS 8711170047
Download: ML20236N894 (1)


Text

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IN RESPONSE, PLEASE p** "4<4'o REFER TO:

M871105A UNITED STATES p

NUCLEAR REGULATORY COMMISSION n

{

W ASHIN GTON, D.C. 20555 q

%,,,,, M November 12, 1987 OFFICE OF THE SECRETARY MEMORANDUM FOR:

William C. Parler, General Counsel A jus FROM:

hJamuelJ. Chilk, Secretary

SUBJECT:

STAFF REQUIREMENTS - AFFIRMATION / DISCUSSION AND VOTE, 11:00 A.M.,

THURSDAY, NOVEMBER 5, 1987, COMMISSIONERS' CONFERENCE ROOM, D.C.

OFFICE (OPEN TO PUBLIC ATTENDANCE) l l

I.

SECY-87-217 - Cominission Peview of ALAB-832 (Shoreham) i The Commission, by a 5-0* vote, approved an order which con-cluded its review of three issues in ALAB-832.

The order reversed the Appeal Board's decision in ALAB-832 in so far as it admits Contentions 22.B and 22.C for hearing, but directs the NRC staff to advise the Commission prior to issuance of any 1

l license above 5 percent power whether there are any special l

circumstances at Shoreham that were not envisioned in the l

emergency planning rulemaking that would make it inappropriate to apply to Shoreham the generic decision that an EPZ of about 10 miles is adequate for emergency planning purposes.

Secondly, the order upholds the Appeal Board's decision in ALAB-832 that the proceeding must be remanded to correct an error regarding the need for evacuation plans for hospitals in the EPZ.

(Subsequently, on November 5, 1987, the Secretary signed the Order.)

cc:

Chairman Zech Commissioner Roberts Commissioner Bernthal Commissioner Carr Commissioner Rogers EDO GPA JDR - Advance VDCS - 016 Phillips l

Section 201 of the Energy Reorganization Act. 42 U.S.C.r,5841, provides that action of the Commission shall be determined by a

" majority vote of the members present."

Commissioners Bernthal and Rogers were not present when this item was affirmed.

Accordingly, the formal vote of the Commission was 3-0 in favor of the decision.

Commissioners Bernthal and Rogers, however, had previously indicated that they would approve this paper and had they been present they would have affirmed their prior votes.

8711170047 871112 PDR 10CFR 1

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