ML19210E525
| ML19210E525 | |
| Person / Time | |
|---|---|
| Issue date: | 11/14/1979 |
| From: | NRC COMMISSION (OCM) |
| To: | |
| References | |
| REF-10CFR9.7 NUDOCS 7912050160 | |
| Download: ML19210E525 (7) | |
Text
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CR8304 2
1 UNITED STATES OF AMERICA
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2 NUCLEAR REGULATORY COMMISSION 3
PUBLIC MEETING
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4 AFFIRiiATION SESSION 79-37 5
6 7
'aooc 1130 1717 H Street, N. W.
8 Washington, D. C.
9 Wednesday, 14 November 1979 10 The Commission met, pursuant to notice, at 4:00 p.m.
11 BEFORE:
12 DR. JOSEPH M. HENDRIE, Chairman of the Commission
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13 VICTOR GILINSKY, Commissioner 14 RICHARD T. KENNEDY, Commissioner 15 PETER A. BRADFORD, Commissioner 16 JOHN F. AHEARNE, Commissioner 17 PRESENT:
18 Messrs. Bickwit and Hanrahan.
19 20 21 22
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23 1498 156 24
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.(4:00 p.m.)
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2 MR. CHILK:
The first affirmation deals with 3
SECY-79-432, which is the appeal of an FOIA request by
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4 Mr. Kranish on the denial of one document.
All of you have 5
agreed to release certain. portions of the document he wants.
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6 Commissioner Bradford, howevr,::would go further and release 7
some additional doc 1ments.
His views will be provided to 8
Mr.. Kranish, as he requested.
9 I would ask you all to affirm the vote.
10 (A chorus of ayes.)
II CHAIRMAN HENDRIE:
So ordered.
12 MR. CHILK:
The second item is one that'I'd like e'
13 to present to you.
It's a review of uncontested matters by 14 adjudicatory boards during operating license proceedings.
15 We circulated to you on the 7th of November a proposed final.
16 rule, to which all of you have agreed.
But there appears to 17 be a difference in the interpretations of the language.
18 Although all of you have agreed to the language,
'I9 Commissioner Kennedy, if I interpret his views, approval is 20 based upon the understanding that ne had in the memorandum 21 that he dispatched on the 19th, which approved the OGC 22 memorandum of the 19th.
23 Commissioner Bradford, on the other hand --
24 COMMISSIONER KENNEDY:
I asked a question.
The Ace redwal Reporters, Inc.
25 General Counsel answere'd the question, and, based upon the I
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I answer which the General Counsel gave me, I approved the
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paper, it being my understanding, as he indicated it was his 2
3 understanding, that's what the language meant.
That's the GP 4
basis on which I approved the paper.
5 MR. CHILK:
Mr..Bradford, on the other hand, does 6
not fully share the conclusions stated in the October 19th 7
memorandum to Commissioner Kennedy.
8 However, it's my understanding that both offices 9
are willing to affirm the order as it is written and according 10 to the language as proposed by the General Counsel.
Il COMMISSIONER BRADFORD:
Yes, I agree with that.
12 My only problem with the General Counsel is the extent to
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13 which the memo purported to state Commission intent.
He 14 couldn't very well state mine, since I disagreed.
15 MR. CHILK:
Will you affirm?
16 (A chorus of ayes.)
17 CHAIRMAN HENDRIE:
So ordered.
And I woult' agree 18 with Peter's comment.
~19 MR. CHILK:
The third affirmation concerns 20 SECY-79-24-A, which is a draf t order on Bailly short pilings 21 petition, which the Chairman, Commissioner Gilinsky, and 22 Commissioner Ahearne have approved initially, 23 Commissioner Kennedy approved yesterday.
Commissioner Bradford 24 has indicated he would have separate views by December the 3rd.
Ace Federst Reporters, Inc.
25 COMMISSIONER'BRADFORD:
Not only that, Sam, but I I
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mte 3 5
I think I will be prepared tovvote against ir.
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MR. CHILK:
And would be prepared to be outvoted 3
at that time.
4 I'm just brirging this up before the Commission to 5
determine whetner the Commission desires to take any action n
on it.
7 COMMISSIONER BRADFORD:
I don't think it's been 8
Commission practice to issue orders before separate views 9
have been prepared.
10 COMMISSIONER KENNEDY:
That is not a general matter.
Il That's selective, as I recall the situation.
It is to be 12 recalled, indeed, that I think I raised that question at one rc-13 time, and it was taken as a matter of voting at that time.
14 Now, I don't give a damn one way or the other.
But I think 15 that we ought to be very clear what it is we're doing and 16 ought to be f air, however unusual that might be.
17 COMMISSIONER GILINSKY:
Well, in any case, we've IS got an affirmation session and it doesn't seem to be an
'I9 affirmation item.
20 MR. CHILK:
Not if you wish to defer affirmation.
21 COMMISSIONER AHEARNE:
I guess that would be more 22 of a discussion item.
e 23 MR. CHILK:
The options are, under the procedures, 24 we would schedule this for discussion and a vote.
But you Ace rederal Reporters, Inc.
25 do have a request from'one of the Commissioners to delay 1498 159 i
mte 6 6
I the matter until he submits his proposal on the 3rd of 2
December.
3 7 guess I am really asking the Commission, in g:*
4 essence, does the Commission desire to schedule a discussion 5
and vote?
6 COMMISSIONER KENNEDY:
Could you remind us, just 7
for the record, when the Bailly matter first came befora the 8
Commission, how many times it's been here?
9 MR. CHILK:
I don't have the complete file with me.
10 COMMISSIONER KENNEDY:
Would you be able to bring II it in, short of a small truck?
I2 MR. CHILK:
Your last approval is dated'tne 8th of
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13 November, the 6th of November and the 6th of November.
And I Id believe the last paper that came up from the General Counsel 15 was on the 1st of November.
16 CHAIRMAN HENDRIE:
Well, let's see.
I7 COMMISSIONER GILINSKY:
I would like to see what 18 Mr. Bradford has to say.
/
'I9 CHAIRMAN HENDRIE:
As an affirmation item, our 20 agreement has been that any Commissioner can bump it as 21 an affirmation item.
So I guess that it will be bumped and 22 c{
is bumped.
And I guess I seek your guidance as to whether 23 you would prefer to wait until 12/3 or whether you would 24 prefer to have a meeting and discuss and attend the meeting.
Ace rederst Reporters, Inc.
25 COMMISSIONER 'BRADFORD:
Well, I don't have a lot 1498 160 i
mte 5 7
I to add to what I've said in earlier meetings and in memoranda.
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2 I just haven't yet prepared my own statement of views, and 3
would like to put them out at the same time we put the order h::~
4 out.
5 COMMISSIONER AHEARNE:
Well, could we schedule a 6
meeting, then, on 12/3?
7 COMMISSIONER BRADFORD:
Sure.
That's what I had 8
expected.
9 COMMISSIONER AHEARNE:
Recognize that means, Peter, 10 that if you're not yet ready with your views by 12/3, we would 11 then have a meeting and vote.
12 COMMISSIONER BRADFORD:
Well, if, for example, I
,e 13 were incapacitated in an automobile accident, I would request 14 an extension.
But I'm not planning to do that.
15 COMMISSIONER kHEARNE:
I'd go with a meeting on 16 12/3, then.
17 CHAIRMAN HENDRIE:
Sam, very good.
18 Thank you very much.
.19 COMMISSIONER KENNEDY:
I would note that that stands 20 as, I would assume, a norm in such matters, that the prepara-21 tion of separate views should be accorded at least a thre'e-week 22 period.
The next time we have a tariff form matter, that's 23 what I'll expect.
11 24 (Whereupon, at 4:07 p.m.,
the meeting was adjourned.)
Ac. oderet Reporters, Inc.
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DISCLAIMER This is an unofficial transcript of a meeting of the United States Nuclear Regulatory Commission held onWednesday, 14 Nov. 1979 in the
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Commissions's offices at 1717 H Street, N. W., Washington, D. C.
The meeting was open to public attendance and observation.
This transcript has not been reviewed, corrected, or edited, and it may contain
' inaccuracies.
The transcript is intended solely for general informational purposes.
As provided by 10 CFR 9.103, it is not part of the formal or informal record of decision of the matters discussed.
Expressions of opinion in this transcript do not necessarily reflect final determinations or beliefs.
No pleading or other papar may be filed with the Commission in any proceeding as the result of or addressed to any statement or argument contained herein, except as the Commission may authorize.
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