ML20236U293

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Advises That If Current Wording of Advance Notice of Proposed Rulemaking on QA & Penalties for Negligence Retained,Personal Discussions Between Ofc Directors May Be Needed
ML20236U293
Person / Time
Issue date: 12/03/1986
From: Mcelroy N
NRC
To: Cunningham R
NRC
Shared Package
ML20235F951 List: ... further results
References
FRN-52FR36942, RULE-PR-35 AC65-1-057, AC65-1-57, NUDOCS 8712020416
Download: ML20236U293 (1)


Text

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] 12-03-86 26 Note to: RECunningham -

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i JHickey j from: NLMcElroy f re: Advance Notice of Proposed Rulemaking (ANPR) on Quality Assurance and Penalties for Negligence ,-

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Concerning the subject rulemaking that is out for office concurrence, Harriet Karagiannis of IE told me that Sjoblom is drafting a memo from Taylor to Davis l

saying that the use of the word negligence in the ANPR is overblown and misleading, and that the ANPR should be toned down or stopped. I am meeting with Barry Pineles, OGC, tomorrow (at his request), to discuss the use of the word and its legal v. lay implications. I called Janet Kotra of Bernthal's l office to ask what the word meant. She said he is not a lawyer and was probably 1

using the word in the lay rather than the. legal sense bu~ wanted to talk to l her staff attorney and then get back to me.

l If we decide to retain the current wording of the ANPR, that may necessitate personal discussions between office directors in order to get concurrences.

Concurrences are due December 5, but already two regions, IV and V, have called to request extensions because they didn't receive their packages until December 1.due to slow mail service.I told them the Commissioners are very interested in this matter and I wasn't in a position to allow an extension.

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MEMORANDUM FOR: John G. Davis, Dir< ctor Office of Nuclear Mterial Safety and Safeguards q FROM: Victor Stello, Jr.

Executive Director for Operations

SUBJECT:

CONTROL OF NPC PULEMAKING By memorandum of February 13,1984, " Control of NRC Pulemaking by Offices l P.eporting to the EDO," Offices were directed that effective April 1,1984, (1) all offices under EDO purview must obtain F00 approval to begin and/or continue a specific rulemaking, (P) resources were not to be expended on rule-makings that have not been approved, and (3) RES would independently review rulemaking proposals forwarded for ED0 approval and make recommendations to the EDO concerning whether or not and how to proceed with the rulemakings.

In accordance with this directive, the following proposal concerning rule-making has been forwarded for my approval.

Proposal to initiate rulemaking, " Quality Assurance and Penalties for Negligence." (Sponsored by NMSS--memorandum, Beck,iord to ED0 dated November ?1, 1986.)

I approve initiation of this rulemaking. The NPC Pegulatory Agenda (NUREG-0936) should be modified to reflect the status of this rulemaking.

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ctor Stal o, J Executive Dire r for Operations cc: J.H. Sniezek~

J.W. Roe H.R. Denton J.M. Taylor E.S. Beckjord P.G. Norry nmw , , , , w~nw > t r 3.f

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