ML19249A221

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Unofficial Transcript of 790727 Affirmation Session 79-22
ML19249A221
Person / Time
Issue date: 07/22/1979
From: Gilinsky V, Hendrie J, Kennedy R
NRC COMMISSION (OCM)
To:
Shared Package
ML19249A222 List:
References
REF-10CFR9.7 SECY-79-163, NUDOCS 7908210364
Download: ML19249A221 (6)


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This is an nnofficial transcript of a meeting of the United States Nuclear Regulatory Commission held on Friday, 27 July 1979 in th Commissions's offices at 1717 H Street, N. W., Washington, D.

C.

The meeting was open to public attendance and observation.

This transcrip 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 paper 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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2 CR6198 UNITED STATES OF AMERICA j

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NUCLEAR REGULATORY COMMISSION 2

PUBLIC MEETING 3

AFFIRMATION SESSION 79-22 4

5 6

Room 1130 1717 H Street, N. W.

7 Washington, D. C.

Friday, 27 July 1979 9

The Commission met, pursuant to notice, at 9:40 a.m.

10 BEFORE:

11 DR. JOSEPH M. HENDRIE, Chairman 12 VICTOR GILINSKY, Commissioner 13 RICHARD T. KENNEDY, Commissioner" 14 PETER A. BRADFORD, Commissioner 15 JOHN F. AHEARNE, Commissioner 16 ALSO PRESENT:

17 Messrs. Eilperin, Ostrach, and Chilk.

18 19 20 21 22 23 24

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a-Federal Reporters, Inc.

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1 PR0CEEDINGS 2

( 9:40 a.m. )

3 CHAIRMAN HENDRIE The first item this morning is

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4 an affirmation session.

I'll ask. the Secretary to lead us 5

through that.

6 MR. CHILK There are two orders in S-3 that the 7

Commission is being asked to affirm.

The first order is the

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8 final rule which was circulated by Chairman Hendrie on July 9

19.

It contains minor revisions to pages 1253 and -54 10 circulateo to you by the Solicitor on the 24th.

The il separate views of Commissioner Bradfrod were circulated to 12 you on the 24th and the 26th.

And the separate views of 13 Commissioner Gilinsky were circulated to you on the 26th.

14 Chairman Hendrie, Commissioner Kennedy, and 15 Commissioner Ahearne had approved the order as circulated by 16 the Chairman's mer.arandum of July 19 with the OTC changes, 17 the minor changes on the four pages I ennumerated.

18 Commissioner Bradf ord has a pproved the order in part, has 19 disa pproved it in part, and has a ttached his se oarate views 20 as circulated to you on the 24th and the 26th.

Commissioner 21 Gilinsky has disapproved the order and has a ttached his 22 se parate views which were circulated to you on the 26 th.

23 I would ask you to affirm your votes on that.

24 CHAIRMAN HENDRIE:

Those in f avor?

25 (Chorus of eyes.)

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dHAIRMANHENDRIE:

Those opposed, or in part 2

'o ppo sed?

3 COMMISSIONER GILINSKY:

I think we're all voting 4

aye, 5

CHAIRMAN HENDRIE:

Okay.

All vote aye to affirm 6

the oraer.

7 MR. CHILK:

The second order that you're being 8

asked to affirm is the proposed extension of interim rule as 9

recommended by the Solicitor in his memorandum of the 24th, 10 and this will continue the interim rule until the effective 11 date of the final rule, which is 30 days af ter its 12 publication in the Federal Register notice.

And all of your 13 officers have agreed to that extension.

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l4 CHAIRMAN HENDRIE:

Those in f avor?

15 (Chorus of ayes.)

Io CHAIRMAN HENDRIE:

So ordered.

17 MR. CHILK:

The second affirmation is 79 -

18 CHAIRMAN HENDRIE:

Okay.

Go ahead, Sam.

19 MR. CHILK:

SECY-A-79-56, a review of ALAB-542 in 20 the ma tter of Atlantic Research Corporation, in which the 21 staff has requested a review of an Appeal Board decision and 22 OTC has concurred.

The Commission ha s vo ted five to 23 notning, agreeing for review of that matter, and the order 24 modified slightly f rom the pa per was concurred in by your 25 offices yesterday.

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,I'd ask you to-affirm that.

2 CHAIRMAN HENDRIE:

Those in f avor?

3 (Chorus of ayes.)

4 CHAIRMAN HENDRIE:

So ordered.

5 MR. CHILK:

Thi rd, is79-388.

It's an a ppeal,.

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~6 Anderson FOIA appeal for documents identified as A-4 and 7

A-7.

The general counsel recommended a denial of the 8

appeal.

The Commission denied the documents ref erred to in 9

A-4 by vote of five to nothing, denied the documents 10 referred to in A-7 by a vote of four to one with 11 Commissioner Bradford dissenting but raising no objections 12 to the affirmation.

13 I would ask you to affirm the vo,te.

14 CHAIRMAN HENDRIE:

Those 'in favor?

15 (Chorus of ayes. )

16 CHAIRMAN HENDRIE:

So ordered.

17 MR. CHILK:

The last one i s SECY-79-163-Revision 18 of 10 CFR 2.802 Petition for Rule Making.

It's an amendment 19 to the Rules of Practice.

The Commission voted five to 20 nothing to a pprove the changes.

Each of y'

. ude some 21 modification.

Those modifica tions have geal...

into the 22 final document which was coordinated with your offices 23 between the 20th and the 25th, so I would ask you to affirm 24 your vote.

25 CHAIRMAN HENDRIE:

Those in f avor?

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.(Chorus of ayes.)

CHAIRMAN HENDRIE:

So ordered.

2 3

MR. CHILK Tha t completes the affirmation, sir.

4 CHAIRMAN HENDRIE:

Good.

5 (Whereupon, at 9:50 a.m.,

the affirmation meeting 6

was adjdurned.)

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