ML19254B255
| ML19254B255 | |
| Person / Time | |
|---|---|
| Site: | Surry  |
| Issue date: | 08/14/1979 |
| From: | Charles Brown NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| REF-10CFR9.7 SECY-79-442, SECY-79-454, NUDOCS 7909270021 | |
| Download: ML19254B255 (8) | |
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f') Transcript of Proceedings 5,,g[j! NUCLEAR REGULATORY COMMISS
,y AFFIRMATION SESSION 79-24 (Open to Public Attendance)
Tuesday, August 14, 1979 e
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Pages 1-6 Prepared by:
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DISCLAIMER This is an unofficial transcript of a meeting of the United States Nuclear Regulatory Commission held on Aucust 14, 1979 in the Co.ission's offices at 1717 H Street, ti. w., Wasnington, D. C.
The
- etting was open to public attendance and observation.
This transcript has no. been reviewed, corrected, or edited, and it may contain inaccuracies.
The transcript is intended solely for general infomational puroeses.
As ::rovided by 10 CFR 9.103, it is not part of the for nal or info :nal recere of decision of the matters discussed.
Expressions of cpi:::f on in this transcript de not necessarily reflect final determinatf or:s er oe iefs.
No pleading or other paper may be filed with the Com.issior, in any proceeding as the result of or addressed to any, statement or argument centained herein, except as the Commission may autnorize.
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UNITED STATES OF AMERICA i
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NUCLEAR REGULATORY COMMISSION l
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4 Affirmation Session 79-24 5
Open to Public Attendance 6
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Commissioners ' Conference Room 1717 H Street, N.W.
9 Washington, D.
C.
l 10 i' Tuesday, August 14, 1979 I
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12ll 13 :
The Commission met, pursuant to notice, at 9 :50 a.m.,
l' 1 4 l18 J seph Hendrie, Chairman of the Commission, presiding.
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3 PRESENT:
,, il Chairman Hendrie
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Commissioner Kennedy j;
Commissioner Bradford 1 8
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19 J. Hoyle 20 L.
Bickwit 21 C.
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--E R O C E E D I N G S 2
CHAIRMAN HENDRIE:
Let us go ahead.
3 The Commission meets this morning on one of those 4
stirring meetings, an Affirmation Session.
5 John, will you lead us in two items that we have.
6 MR. HOYLE:
Yes, sir.
7 The first item is SECY 79-442, and the subject is:
8 "One Time Subpoena Authority for Surry Reactor Sabotage 9
Investigation."
In this paper, the staff has asked you to 10 authorize the Secretary to issue subpoenas at the request of 11 the Director of the Office of Inspaction and Enforcement, to
~2 the individuals who allegedly damaged the fuel rod assemblies i
at the Surry reactor site.
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Now, the paper makes clear that this authorization 14 to the Secretary would only be as may be necessary, and it may
_3 _aj n t be necessary to issue such subpoenas.
16 You have received a memorandum from the General g,
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Counsel on this and I have the votes of four of you, two present ag e e
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n of de eneral Counsel and 19 the recommendation of the paper.
Commissioner Bradford would prefer to offer immediate testimony on the matter rather th,an go through the subpoena route.
May I have the ---
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CHAIRMAN HENDRIE: I'll ask the Commissioners present, 24 !;
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who do constitute a working quorum, to af firm their intentions 25 q 1044 340
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'on the issue.
2 CCMMISSIONER KENNEDY:
Aye.
3 COMMISSIONER BRADFORD:
Your record, John, I take 4
it indicates that I don't object to the subpoena route, that 5
I just think there is another way that is quicker.
6 MR. HOYLE: It does read like that, Commissioner 7
Bradford.
8 COMMISSIONER BRADFORD:
Aye.
9 CHAIRMAN HENDRIE: So ordered.
10 The second item?
11 MR. HOYLE: The second item is SECY 79-454, the subject 12 f which is: " Authority to Administer Oaths."
In this paper I
13 l the staff has asked the Commission to approve a
delegation of 14ll authority to the Director, Office of Inspection and Enforcement l
g to administer oaths, and that that authority be redelegable.
16 In this caso, you have also received papers from h
your staff recommending a slight clarification to just the g
straight approval of the delegation.
I have votes from all g
five Commissioners, including those three ruesent, to approve 19 e
e ega n
au y, an a
my e re-e ega ed to 20 Regional Directors, and in turn, redelegated to individual inspectors cuiy on a case-by-caYe-basis in consultation with
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OELD.
h Commissioner Ahearne would also request that the staff be prepared -- I'm sorry.
I misspoke.
I would like to 22 I044
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go back and correct the other item af ter we affirm this one, sir.
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2 Commissioner Ahearne would like to add something to the first 3
item.
4 So in this case, we have a 3 to 0 vote from you 5
who are present and ---
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COMMISSIONER KENNEDY:
John, that's not eacactly the 7
way I understood this paper.
Indeed, I am reading my note:
8 "I concur subject to the c larification included in the 9
Inspector and Auditor's report -- Auditor's memorandum of 10 i August 1st, 1979 in which he said: 'The authority to administer 11 l ath should be delegated only to the Director and Senior i
i Investigative official, that is, the Assistant Director for 12 Investigations, OIA, and the Executive Officer for Operations 13 ll Support of I&E.
It should only be redelegated to these g !!
,1 officials to the cogni:: ant investigator on a case-by-case il 3
basis.'"
That does not include the Regional Directors, as I ej understand it.
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MR. HOYLE:
The reason that I spoke as I did, 18 ::e Commissioner Kennedy, was the General Counsel also gave you a g
memorandum the day af ter the Inspector and Auditor had, and ---
COMMISSIONER KENNEDY:
I read it.
21 MR. HOYLE:
We had worked up proposed language in a p
staf f requirement memorandum, which we circulated to each of the 23 i Commissioners' offices and ---
24 COMMISSIONER KENNEDY:
May I see it?
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MR. HOYLE:
Yes, sir.
I felt I had your concurrence.
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COMMISSIONER KENNEDY:
Well, this is not as I had 3
originally voted.
4 CHAIR N HENDRIE:
I think we -- rather than --
5 COMMISSIONER KENNEDY:
I will change my vote.
6 CHAIR N HENDRIE:
-- which we have tried to avoid 7
doing at affirmations sessions ---
8 COMMISSIONER KENNEDY:
If you will call for a vote, I will vote.
I simply wanted to note that it was not as I 9
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had originally voted.
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11 CHAIRMAN HENDRIE:
All right, in that case, I will ask people to affirm their votes -- I'm not quite sure what 12,!
i that means in this case ---
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i COMMISSIONER KENNEDY:
I will vote with the majority.
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MR. HOYLE:
Perhaps I should read the language and
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i have you vote on that.
16 COMMISSIONER KENNEDY:
I have read that language and
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yg ll I'm now agreeing to it, if that's satisfactory.
CHAIRM hENDRIE:
I think the rest of us have done yg it, and those in favor of 454 as adjusted, please say "Aye".
20 COMMISSIONER KENNEDY:
Aye.
I CHAIIUiAN HENDRIE: AyeCc.
COMMISSIONER BRADFORD:
Aye.
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MR. HOYLE:
Going back to the first icem, the 2,,
subpoena authority regarding Surry.
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1 Commissioner Ahearne would like to have his l
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request expressed in the staff requirement memo, that the staff
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3 should be prepared to go to the Department of Justice to request f
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use immunity in case the subpoena approach does not produce j
5 results, and that was also reflected in the staff requirement 6
memo which was circulated to your offices.
7 CHAIRMAN HENDRIE: Duly noted.
I don't think that l
8 changes the vote.
9 COMMISSIONER BRADFORD:
I would also agree with that, 10 though, if there is no disagreement on it.
If there is, you 11 !
may be short a vote.
i CHAIRMAN HENDRIE: I'm neutral.
I don't know what it 12 13 l means, and I don't think you can reasonably explain it to me, n
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both in view of my frailty and the nature of the session.
,_l Okay, I thank you very much.
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.6 p (The Commission meeting was adjourned at 10 :00 a.m. )
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