ML20203Q069

Staff Requirements Memo Re 860432 Affirmation/Discussion & Vote in Washington,Dc Re Final Rule Establishing Criteria for Reopening Records to Formal Licensing Proceedings & Draft Order on Intervenor QA Contentions

ML20203Q069
Person / Time
Site:	Braidwood
Issue date:	05/01/1986
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	Plaine H, Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO), NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
REF-10CFR9.7 AB79-2-31, M860423B, NUDOCS 8605080613
Download: ML20203Q069 (2)

Text

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IN RESPONSE, PLEASE

1. D 4 4 j# UNITED STATES 8

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1, NUCLEAR REGULATORY COMMISSION N$

{ . I W ASHINGTON. D.C. 20556

% ,,,,,* May 1, 1986 OFFmE OF THE SECRETARY MEMORANDUM FOR: Victor Stello, Jr.

Executive Director for Operations Herzel H.E. Plaine, General Counsel FROM: L s# Chilk, Secretary

SUBJECT:

[r'SamuelJ.

STAFF REQUIREMENTS - AFFIRMATION / DISCUSSION AND VOTE, 3:30 P.M., WEDNESDAY, APRIL 23, i 1986, COMMISSIONERS' CONFERENCE ROOM, D.C.

OFFICE (OPEN TO PUBLIC ATTENDANCE)

I. SECY-86-16/16A - Final Rule Establishing Criteria for Reopening Records to Formal Licensing Proceedings The Commission, by a 4-l* vote, approved a " final rule" which codifies and improves the standards that apply to motions to reopen records in formal adjudications with modifications as attached. -

Commissioner Asselstine indicated that he disapproves the rule as long as 52.734 (a) (3) contains the language "would be or would have been likely" rather than "might be or might have been."

In coordination with the Rules and Procedures Branch, Office of Administration, OGC should forward a final copy of the rule for signature and publication in the Federal Register.

(OGC/EDO) (SECY Suspense: 5/23/86)

• Section 201 of the Energy Reorganization Act, 42 USC S 5841, provides that action of the Commission shall be determined by a i

" majority vote of the members present." Commissioners Asselstine and Bernthal were not present when this item was affirmed.

Accordingly, the formal vote of the Commission was 3-0 in favor i of the decision. Commissioner Bernthal, however, had previously indicated that he would approve this paper and had he been present he would have affirmed his prior vote. Commissioner Asselstine had previously indicated that he would disapprove and had he been present he would have affirmed his prior vote.

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8605000613 e60501 PDR 10CFR PDR PT9.7

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6 II. SECY-86-117 - Draft Commission Order in Braidwood The Commission, by a 4-l** vote, approved an order that pro-vides the Commission's conclusions with regard to whether the Braidwood intervenors' amended quality assurance contention meets the five factor test set forth in 10 CFR 2.714 for the evaluation of late-filed contentions.

The Commission concluded that the Licensing Board erred in finding that the five-part test favored admission of the contention and further concludes that if resubmitted today and reevaluated in light of all the information which has been developed to date, would again fail. The Commission directed the Licensing Board to dismiss the amended OA contention except for Subpart 2C. The Commission also agreed that while the admission of Subpart 2C was not formally before the Commission for decision, the review of the record indicates, that the Licensing Board did not appear to have conducted the formal balancing of factors called for by 10 CFR 2.714. Accordingly, the Commission directed the Board to evaluate the admissibility of Subpart 2C in light of the five factor test. Commissioner Bernthal, while approving would have preferred an alternative version. Commissioner Roberts also had additional views.

Commissioner Asselstine disapproved the order and provided separate views.

(Subsequently, on April 24, 1986, the Secretary signed the Order.)

cc: Chairman Palladino Commissioner Roberts Commissioner Asselstine '

Commissioner Bernthal Commissioner Zech Commission Staff Offices PDR - Advance DCS - 016 Phillips i

• • Section 201 of the Energy Reorganization Act, 42 USC S 5841, provides that action of the Commission shall be determined by a

" majority vote of the members present." Commissioners Asselstine 5 and Bernthal vere not present when this item was affirmed.

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

of the decision. Commissioner Bernthal, however, had previously indicated that he would approve this paper and had he been i present he would have affirmed his prior vote. Commissioner Asselstine had indicated his disapproval and had he been ,

present he would have affirmed his prior vote.  !

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