ML20141E217

Staff Requirements Memo Re 851218 Affirmation/Discussion & Vote in Washington,Dc Re SECY-85-241A & SECY-85-39 (ALAB-818).Board Established by Order to Preside Over Hearing on RCS Leak Rate Data Falsifications at TMI-2

ML20141E217
Person / Time
Site:	Three Mile Island, 05000000, Shoreham
Issue date:	01/02/1986
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	Plaine H NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
REF-10CFR9.7 ALAB-818, NUDOCS 8601070638
Download: ML20141E217 (2)

Text

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• o UNITED STATES 8 n NUCLEAR REGULATORY COMMISSION

{ i WASHINGTON, D.C. 20566

%* ..*s January 2, 1986 OFFCE OF THE SECRETARY MEMORANDUM FOR: Herzel H.E. Plaine General Counsel FROM: Samuel J. Chilk, Secr gp

SUBJECT:

STAFF REQUIREMENTS M O DUM -

AFFIRMATION / DISCUSSION AND VOTE, 11:30 A.M., WEDNESDAY, DECEMBER 18, 1985, COMMISSIONERS' CONFERENCE ROOM, D.C.

OFFICE (OPEN TO PUBLIC ATTENDANCE)

I. SECY-85-241A ' - NOTICE OF HEARING ON TMI-2 LEAK RATE DATA FALSIFICATION The Commission i (with Chairman Palladino and Commissioners Roberts and Zech agreeing) approved an order, establishing a three member Board to preside over a hearing to develop the facts su* rounding the reactor coolant system leak rate data falsifications at TMI Unit 2 prior to the March 28, 1979 accident in sufficient detail to determine the ultimate status of those likely involved, including those segregated from TMI-1 and those now working at other facilities. The hearing will be of the legislative format designed solely to gather information and issue a recommended decision setting forth the facts, in order for the Commission to determine what action, if any, will be taken.

Commissioners Asselstine and Bernthal disapproved the order and provided separate views.

(Subsequently, on December 18, 1985, the Secretary signed the Order.)

~

1/

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." Commissioner Bernthal was not present when this item was af firraed.

Accordingly, the formal vote of the Commission was 1-1 in favor of the decision. Commissioner Bernthal, however, had previously indicated that he would disapprove this paper and had he been present he would have affirmed his Prior vote.

B601070638 860102 PDR 10CFR PR9.7 PDR A . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ - _ _ _ - _ _ _ _ _ . _ _ _ _ - _ _ _ _ _ . _ _ _ _ _ _

e II. SECY-85-391 -

PETITION FOR REVIEW OF APPEAL BOARD DECISION ON SHOREHAM EMERGENCY PLANNING / LEGAL AUTHORITY ISSUES (ALAB-818)

The Commission (with Commissioners Roberts, Bernthal, and Zech agreeing) approved an order that indicates that the Commission is taking review of ALAB-818 but defors briefing and decision until the Appeal Board has reviewed all currently pending emergency planning issues. Chairman Palladino and Commissioner Asselstine disagreed and would have taken review and decided the preemption issues as soon as possible. Both provided separate views.

(Subsequently, on December 19, 1985 the Secretary signed the Order.)

! 2/

Section 201 of the Energy Reorganization Act, 42 USC S 5841, provides that action of the Commission shall be determined by a " majority of the members present." Commissioner Bernthal was not present when this item was affirmed. In order to allow the will of the majority to prevail Commissioner Asselstine did not participate in the formal affirmation on this issue. Accordingly, the formal vote of the Commission was 2-1 in favor of the decision. Commissioner Bernthal, however, had previously indicated that he would approve this issue and had he been present he would have affirmed his prior vote. Commissioner Asselstine had previcusly indicated his disapproval and he would have affirmed his vote.

cc: Chairman Palladino Commissioner Roberts Commissioner Asselstine Commissioner Bernthal Commissioner Zech Commission Staff Offices EDO PDR - Advance DCS - 016 Phillips 1

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