ML20203N344

Staff Requirements Memo on 860911 Affirmation/Discussion & Vote in Washington,Dc Re SECY-86-254,SECY-86-257 & SECY-86-258

ML20203N344
Person / Time
Site:	Harris
Issue date:	09/19/1986
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
References
REF-10CFR9.7 AC30-2-58, AC30-2-59, M860911C, NUDOCS 8609230329
Download: ML20203N344 (2)

Text

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c{ "* 49 IN RESPONSE, PLEASE

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UNITED STATES REFER TOs M860911C i y 4*t., NUCLEAR REGULATORY COMMISSION

.y i WASHINGTON,0.C. 20555 g*****y/

September 19, 1986 OFFCE OF THE SECRETARY l ~

MEMORANDUM FOR: Victor Stello, Jr.

Executive Director for' Operations William C. Parler, General Counsel FROM: d' a el J. Chilk, Secretary r

SUBJECT:

STAFF REQUIREMENTS - AFFIRMATION /DIECUSSION AND VOTE, 3:30 P.M., THURSDAY, SEPTEMBER 11, 1986, COMMISSIONERS' CONFERENCE ROOM, D.C.

OFFICE (OPEN TO PUBLIC ATTENDANCE)

I. SECY-86-254 - Request for Hearing on Shearon Harris Exemption Request The Commission, by a 4-1* vote, approved an order regarding requests from Wells Eddleman and the Coalition for Alternatives to Shearon Harris for a hearing on a March 4, 1986 request from applicant Carolina Power & Light for an exemption from the Commission's requirement that a full-scale emergency preparedness exercise be conducted "within one year before the issuance of the operating license'for full power and prior to operations above 5 percent of rated power ....". The order requests briefs from the parties on whether there are any l' reasonably specific' material issues of fact to litigate in a hearing. If there are material issues of fact the Commission will decide whether to initiate a hearing. Commissioner Asselstine disapproved the order, preferring to refer the issue to the Licensing Board for appropriate consideration.

i (Subsequently, on' September 12, 1986 the Secretary signed the Order.)

The Commission also agreed that a proposed rule to revise 10 CFR 50, Appendix E, Sec. IV.F.1 be submitted to the Commission for consideration.

(OGC/EDO) (SECY Suspense: 10/31/86)

• Section 201 of the Energy Reorganization Act, 42 U.S.C. S5841, provides that action of the Commission shall be determined by a

" majority vote of the members present." Commissioner Asselstine was not present when this item was affirmed. Accordingly, the formal vote of the Commission was 4-0 in favor of the decision.

Commissioner Asselstine, however, had previously indicated that he would disapprove this paper and had he been present he would have affirmed his prior vote.

8609230329 860919 PDR i

PT9.7 10CFR PDR

,l s II. SECY-86-257 - Request for Stay and Review of Appeal Board Decision in Shearon Harris Proceeding

< The Commission,'by a 5-0 vote, approved an order denying a request from Wells Eddleman, the Conservation Council of North Carolina, and Joint Intervenors for (1) a stay of all power

, operations authorized by the Shearon Harris Licensing Board and i (2) Commission review of a July 11, 1986 Appeal Board decision that denied motions to intervene and stay the Licensing Board's decision.

(Subsequently, on September 12, 1986 the Secretary signed the Order.)

III. SECY-86-258 - Promulgation of Final Fee Rule Required by the Consolidated Omnibus Budget Reconciliation Act of 1986 i

The Commission,-by a 4-0** vote, approved a final rule that

, results in the collection of fees from licensees'that approximate one-third of the NRC budget. Commissioner Roberts-

. abstained and Commissioner Bernthal indicated that he would have l additional comments to be published with the rule.

- (Subsequently, on September 16, 1986 the Secretary signed the

FRN.)

cc:- Chairman Zech

. Commissioner Roberts Commissioner Asselstine

. Commissioner Bernthal Commissioner Carr Commission Staff Offices

} PDR - Advance DCS - 016 Phillips

• Section 201 of the_ Energy Peorganization Act, 42 U.S.C.

l S5841, provides that action of the Commission shall be determined by a " majority vote of the members present."

Commissioner Asselstine was not present when this item was affirmed. Accordingly, the formal vote of the Commission was 4-0 in favor of the decision. Commissioner Asselstine, however, had previously indicated that he would approve this paper and had he been present he would have affirmed his prior vote.

• • Section 201 of the Energy Reorganization Act, 42 U.S.C.

S5841, provides that action of the Commission shall be '

determined by a " majority vote of the members present."

Commissioner Asselstine was not present when this item was affirmed. Accordingly, the formal vote of the Commission'was 3-0 in favor of the decision. Commissioner Asselstine, however, had previously indicated that he would approve this paper and had he been present he would have affirmed his prior vote. <

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