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March 5, 1999

COMMISSION VOTING RECORD

DECISION ITEM: SECY-99-016
TITLE: PROPOSED COMMERCIAL USE OF NRC-DEVELOPED CODES BY NON-U.S. ORGANIZATIONS

The Commission (with all Commissioners agreeing) approved the subject paper as recorded in the Staff Requirements Memorandum (SRM) of March 5, 1999.

This Record contains a summary of voting on this matter together with the individual vote sheets, views and comments of the Commissioners, and the SRM of March 5, 1999.

___________________________
Annette Vietti-Cook
Secretary of the Commission

Attachments: 1. Voting Summary
2. Commissioner Vote Sheets
3. Final SRM

cc: Chairman Jackson
Commissioner Dicus
Commissioner Diaz
Commissioner McGaffigan
Commissioner Merrifield
OGC
EDO
PDR
DCS

VOTING SUMMARY - SECY-99-016

RECORDED VOTES

  APRVD DISAPRVD ABSTAIN NOT
PARTICIP
COMMENTS DATE
CHRM. JACKSON X X 2/19/99
COMR. DICUS X X 1/30/99
COMR. DIAZ X X 2/11/99
COMR. McGAFFIGAN X 2/9/99
COMR. MERRIFIELD X X 2/1/99

COMMENT RESOLUTION

In their vote sheets, all Commissioners approved the staff's recommendation to pursue Option 2 and some provided additional comments. Subsequently, the comments of the Commission were incorporated into the guidance to staff as reflected in the SRM issued on March 5, 1999.


Commissioner Comments on SECY-99-016

Chairman Jackson's Comments on SECY-99-016

I approve Option 2.

Commissioner Dicus' Comments on SECY-99-016

I approve Option 2.

Commissioner Diaz' Comments on SECY-99-016

I approve Option 2.

Commissioner Merrifield's Comments on SECY-99-016

I approve the implementation of option 2 on an interim basis. However, the paper did not present a balanced discussion of the benefits and disadvantages between the options, and, in particular, focused on the potential disadvantages of option 1. In the long term, it may be that a modified version of option 1 considering the benefits of a copyright or trademark and/or considering inclusion of the intellectual property addendum may be the preferred alternative. SECY-99-016 commits to providing a separate paper for Commission consideration if the staff determines that copyrights or trademarks are desirable. SECY should track when the staff is to make this decision.



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