ML16341A209
| ML16341A209 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 08/03/1984 |
| From: | NRC COMMISSION (OCM) |
| To: | |
| References | |
| REF-10CFR9.7 NUDOCS 8408200407 | |
| Download: ML16341A209 (24) | |
Text
UNITEDSTATES OF AMERICA NUCLEAR REGULATORYCOMMISSION In the matter of:
DISCUSSION/POSSIBLE VOTE ON ORDER ON EARTHQUAKES AND E5KRGENCY PLANNING FOR DIABLO CANYON Docket No.
60 go~
3 Location:
Nashingt:on,,
D. C.
Date:
Friday, August 3, 1984 1-8 Pages:
8408200407 840803 pDR l0@FR pT9. 7 TAYLOEASSOCIATES Cour! Reporters l625 I Street, N.W. Suite l004 Washinyon, D.C. 20006 (202) 293-3950
~
1
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DISCUSSION/POSSIBLE VOTE ON ORDER ON EARTHQUAKES AND EMERGENCY PLANNING FOR DIABLO CANYON PUBLIC MEETING 10
'12 13 14 Room 1130 1717 H,Street, N..W...
.D.
C.
Friday, August 3, 1984 15 16 17 18 19 20 21 22 The Commission met, pursuant to notice, at ll:56 a.m.
COMMISSIONERS PRESENT:
N. PALLADINO, Chairman J.
ASSELSTINE, Commissioner F.
BERNTHAL, Commissioner T.
- ROBERTS, Commissioner L.
ZECH, Commissioner 23 24 25
STAFF AND PRESENTERS SEATED AT COl~lMISSION TABLE:
M. MALSCH S.
TRUBATCH J.
ZERBE D'.
RATHBUN
'S.
CHILK C.
ONG AUDIENCE SPEAKE R:
10 VOICE 12 13 14 15 17 18 19 20 21 22 23 24 25
DISCLAIMER This is an unoffical transcript of a meeting of the united States Nuclear Regulatory Commission held on August 3, 1984 in the Commission's office at 1717 H Street,
'A.
W. Washington, D. C.
The meeting was open to public attendance and observatio This transcript has not b en reviewed, corr=cted, or edit=-d,and it may contain inaccuracies.
The transcript is intended solely for general informationa purposes.
As provided by 10 CFR 9.103, it is not part of tha formal or informal record of decision of ths matters decuss=-d.
Expressions of opinion in this transcript do not necessarily reflect final determinations or beliefs.
'Ao pleading or other paper may be filed with the commission in any proceeding as th result of or addressed to any statement or argument contained
- herein, xcepz as t5e Commission may authoriz
3/24 P
R 0
C E
E D I N
G S
CHAIRMAN PALLADINO:
We have now opened the meeting to affirm the direction that the Commission has decided it wants to go.
And, Narty, could you h'ighlight what i t i s that we have agreed to'?
NR.
MALSCH:
Okay.
The essence of the order i s 10 as foLLows:
In CLI-84-4, the Commission requested the'arties'esponses to severaL questions, bearing on whether the circumstances in this case warranted some specific 12 consideration of the effects of seismic events on emergency 13 14 pLanning.
Responses were received from PGSE the NRC Staff, 15 and Joint Intervenors.
0V L1 4
l7 W4 O~
C4l 0
0.
C 16 17 18 19 20 21 22 23 24 25 After considering these responses, the Commission majority has determined that the information before it does not warrant departure from the decision in San Onofre, that the NRC's reguLations "do not require consideration of the impacts on emergency planning of earthquakes which are caused or occur during an accidentaL
- release, and that the determination of whether to amend the regulations
.to incLude the consideration of earthquakes should be addressed as a generic matter."
And accordingly, the Commission wiLL provide
3/25 directions to initiate ru lemaking proceedings on this issue.
In the meantime, the Commission has sufficient basis for believing that issuance of a fuLL-power operating Li cense need not be deLayed in Diablo Canyon unti L the conclusion of such a
p roceeding.
CHAIRMAN PALLADINO:
AL L right.
And there were some -- I guess the other points were points of. gui dance to you in writing it.
MR.
MALSCH:
That's right.
And we have the 10 12 guidance we need to draft the order in more detaiL.
CHAIRMAN PALLADINO:
ALL right.
- Now, we need to 13 14 MR.
CLICK:
Me ought to ask for a formal'ote on the order as read -- the out Line of the order as read by 15 16 the General CounseL and the guidance that has been provided to him.
17 18 19 20 21 22 23 24 25 CHAIRMAN PALLADINO:
Al L right.
Before we vote, since I'e been on the fence, Let me indi cate I think I could support that.
So, now can we vote'?
ALL those in favor of affirming an order of that type say aye.
(A chorus of ayes.)
COMMISSIONER ZECH: I'e got to abstain again on the same basis as I did yesterday concerning the
3/26 Di ab Lo Canyon situation.
CHAIRMAN PALLADINO:
I thought on thi s one though you were taking a di fferent position since it wasn' COMMISSIONER ZECH:
No, I'm taking the same CHAIRMAN PALLADINO: -- necessari Ly Diablo Canyon.
COMMISSIONER ZECH:
No, I'm taking the same position concerning Diablo Canyon that I have taken yesterday'0 issue.
So, I'd prefer to abstain on that specific 12 13 14 16 (Pause.)
MR.
MALSCH:
Maybe it's possibLe for you to abs'tain on Di ablo Canyon but concur in a deci sion CHAIRMAN PALLADINO:
Yes, I thought that's what f4R.
MALSCH:
Thi s i s a generi c rulemaking i ssue here so 18 19 20 21 22 23 24 25 COMMISSIONER ASSELSTINE:
Especi a L ly since you participated in all the discussion -- you took positions on the issue.
COMMISSIONER ZECH:
Yes.
As Long as the -- i t i s the generic issue that -- I can concur with. that and vote for it.
But I -- again, I want to abstain from anything specificaLLy on Diablo Canyon~
because I frankly am not satisfied in my conscience that I'e had time enough to study that speci fi c issue
~
3/27 On the other
- hand, as far as generic ruLemaking, that would invoLve this issue, I would support that.
COMMISSIONER BERNTHAL:
What -- maybe we'd better make it very clear what we'e voting on here then.
NR.
MALSCH:
WeLL, the vote is on both the issue as to Diablo Canyon and the vote as to whether there ought to be a ruLemaking.
10 WeLL, maybe we should separate the vote then.
COMMISSIONER ZECH,:
I would prefer to do that.
NR.
NALSCH:
Separate a record vote on two issues.
12 13 14 15 17.
18 19 20 21 22 23 24 25 COMMISSIONER BERNTHAL:
I mean~
that reaLLy means separating a vote on what you'e read there.
NR.
NALSCH:
Sure.
The first vote would be on whether, for this case, there needs to be any consideration of the effects of earthquake on emergency planning.
CHAIRMAN PALLADINO: All right.
Let's do separate the issue.
NR.
NALSCH:
Okay, the order would say CHAIRMAN PALLADINO:
So, any votes taken so far don't -- don't appLy.
Okay.
Go ahead.
MR.
MALSCH:
The first issue would be as of Diablo Canyon the order would adopt the proposition that there need be no specific consideration to the effect of
3/25 10 earthquakes on emergency pLanning.
CHAIRNAN PALLADINO:
I vote aye for that.
CONNISSIONER ZECH:
And I 'm not parti cipating.
CHAIRNAN PALLADINO:
ALL right.
NR.
NALSCH:
The second issue is on the desirabiLity of a
need to have foLLow-on generic rulemaking on the generaL subject of the need to consider earthquakes in emergency p Lanning.
The order wouLd say there would be such a rulemaking proceeding
~
CHAIRNAN PALLADINO:
A L L,those in favor, aye.
12 13 14 15 (A chorus of ayes.)
CHAIRNAN PALLADINO:
ALL right.
You'e got to say it, because the nods don't come off on the transcript.
Jim?
CONNISSIONER ASSELSTINE:
I guess I '
L vote 17 18 19 20 21 22 23 24 25 "aye" simply because some consideration of the issue is better than no consideration at aLL.
CHAIRNAN PALLADINO:
ALL right.
COflNISSIONER ASSELSTINE:
Even though I sti L L believe it has to be adjudicated in Diablo.
CHAIRNAN PALLADINO:
Okay.
Does that cover the topi c we assembled to di scuss?
Anything more that needs to come before us?
NR.
CHILK:
I have nothing.
CONNISSIONER BERNTHAL:
WeLL, do we need any
3/29 should we have any public comment here at aLL, since the publi c record i s about three Lines Long' ALL that I would say is, except on specific specificaLly cLosable
- matters, as usuaL, I don't consider anything I said, I guess, something that should be availabLe for the pubLic record in that closed meeting.
MR.
MALSCH:
- Well, we have a routine process whereby we review the transcripts.
" end 3
10 12 13 14 15 16 17 CHAIRMAN PALLADINO:
That's done routinely.
MR.
MALSCH:
We'l adopt the usua l process then.
CHAIRMAN PALLADINO:
Okay.
Is there anything more to come before us'?
(No response.)
CHAIRMAN PALLADINO:
We stand adjourned.
(Whereupon, at 12:00 noon, the meeting was adjourned.)
18 19 20 21 22 23 24 25
2'ERTiciCATE QF PROCEFDi.'GS
~
i This is to certify that the attached proceedings before the ilRC COiii~1ISS ION In the matter of:
Commission Meeting Date of proceeding:
Friday, August 3, 1984 place of proceedings Washington, D.
C.
were held as herein appears, and that this is the original t anscript for the file of the Commission.
IO f2 Ann Riley Official Reporter - Typed I3 f4 Officia Reporter Signature I8 I9 20 2l 28 TAYLOE ASSOCIATES REGISTERED PROFESSIOiVAL REPORTERS NORFOLK, VIRGINIA
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