ML20237D941
| ML20237D941 | |
| Person / Time | |
|---|---|
| Issue date: | 08/17/1998 |
| From: | Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM) |
| To: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| References | |
| NUDOCS 9808280041 | |
| Download: ML20237D941 (2) | |
Text
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pa "%'o RELEASED TOTHE PDR 8
UNITED STATES
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NUCLEAR REGULATORY COMMISSION o
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E WASHINGTON, D. C. 20055 date initials
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August 17, 1998 CHAMMAN MEMORANDUM TO:
John C. Hoyle, Secretary j
FROM:
SUBJECT:
ATOMIC SAFETY AND LICENSING BOARD PANEL; COMNJD-l 98-005 This responds to Commissioner Diaz' August 6,1998, memorandum recommending a public Commission meeting with the Atomic Safety and Licensing Board Panel (ASLBP) within ninety days. He proposed that the Commission and ASLBP discuss at such meeting the general status of the recent work of the ASLBP, current generic issues relating to the performance of the ASLBP, and further opportunities for improving the efficiency of our administrative and adjudicatory processes.
I have carefully considered his proposal and also the idea of a closed Commission meeting with l
the ASLBP to discuss these topics. Based upon my consideration of nis proposal and the l
alternative of a closed Commission meeting with the ASLBP, for the reasons discussed below, I believe that neither type meeting is necessary nor warranted.
Relative to a public meeting, although the Commission's intent would be simply to impart its generic guidance to the ASLBP, which it has the authority to do, some members of the ASLBP and the public potentially might interpret the guidance as an effort to limit the Board's independence and to truncate the hearing rights of the public. Also, the discussion even i
generically of the performance of the ASLBP potentially bears on personnelissues that are inappropriate for public discussion.
Regarding a closed meeting, the public potentially could misinterpret such a meeting as a
" secret' meeting at which the Commission inappropriately directed the ASLBP to take certain actions in specific cases.
The preferable mechanisms for the Commission to express its views to the ASLBP are the
' ctions the Commission has recently pursued. The Commission just issued a Statement of.
a Policy on Conduct of Adjudicatory Proceedings and published it in the Federal Register for public comment. This policy statement sets forth the Commission's expectation that the Commission, the boards, and any parties will work toward a more expeditious, yet fair, licensing hearing process. It also communicates the Commission's intent to exercise its inherent supervisory authority over the NRC adjudicatory process, as appropriate in a particular proceeding. The Commission further recently voted to approve an order referring a petition for intervention and request for hearing to the ASLBP on the license renewal application for the
'u Calvert Cliffs plant. That order provided another means for the Commission to provide
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guidance to the ASLBP and potential parties in the proceeding.
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2 Use of the processes discussed above should provide fully adequate means for the Commission to set forth its views on the adjudicatory process. Thus, an open or closed meeting with the ASLBP is not necessary or warranted to accomplish this purpose.
cc:
Commissioner Diaz Commissioner McGaffigan
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