ML19261C375
| ML19261C375 | |
| Person / Time | |
|---|---|
| Issue date: | 03/08/1979 |
| From: | Ahearne J, Bradford P, Gilinsky V, Hendrie J, Kennedy R NRC COMMISSION (OCM) |
| To: | |
| Shared Package | |
| ML19261C376 | List: |
| References | |
| REF-10CFR9.7 NUDOCS 7903220350 | |
| Download: ML19261C375 (9) | |
Text
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1 UNITED STATES OF AMERICA ej all l
2 ji NUCLEAR REGULATORY COMMISSION l
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i PUBLIC MEETING l
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l AFFIRMATION SESSION 79-5
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Room 1120 1717 H Street, N. W.
9 Washington, D.
C.
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Thursday, March 8, 1979 11 The Commission met, pursuant to notice, at 10:30 a.m.,
12 BEFORE
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DR. JOSEPH M. HENDRIE, Chairman i
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JOHN AhEARNE, Commissioner l
15 RICHARD T.
KENNEDY, Commissioner 16 VICTOR GILINSKY, Commissioner 17 PETER A. BRADFORD, Commissione 18 ALSO PRESENT:
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S. CHILK 20 l
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(0) 23 7903220393 24 Am Fewel Rummers. inc.
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PROCEEDINGS 1
I CHAIRMAN HENDRIE:
We will turn now, Sam. you are 2j:i 3 'i about to lead us in the --
I MR. CHILK:
The five ifirmations.
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CHAIRMAN HENDRIE:
The set of affirmations.
Please 6
go ahead.
7 PJL. CHILK:
Okay, the first one is SECY-79-105, 8
which is Effective Amendments on timely notification of Dis-i 9
continued Licencing Programs, and to obtain Commission approval i
10 I of the final rule making notice.
l 11 All five of you have approved the recommendations 12 of the paper to do that.
i 13 Commissioner Bradford requested that procedures be f
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14 set up for prompt notification of the relevant regional cffices, l
15 ' and I would ask you to affirm that.
16 CHAIRMAN HENDRIE:
Aye.
I 17 COMMISSIONER AHEARNE:
Aye.
t 18 COMMISSIONER KENNEDY:
Aye.
19 COMMISSIONER BRADFORD:
Aye.
20 MR. CHILK:
I want to skip Rochester for a moment, l
21 because I need Commissioner Gilinsky for that.
Somebody is y
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22 going after him.
i 23 I MR. CHILK:
It is SECY-A-79-6, which is an ecology i
24 action of Oswego, and comes to you on a petition for review Au-FMMal Ruomrs, int 25 with a recommendation from the General Counsel not to review.
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.However, a majority of the Commission's Commissioners, I
2 'Gilinsky, Bradford and Ahearne, have voted to accept the review.
i li 3I A minority, Chairman Hendrie, and Commissioner i
l 4' Kennedy have voted no review.
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Subsequent to that, a proposed order was circulated 6
by the General Counsel to accept the review, receive comment, 7
and it has been revised.
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I would like to get two votes.
First, I would like 1
9 you to affirm your vote on the basic paper; that is, three of 10 ! you voting to accept review, and two voting to oppose, 11 Do I have your affirmations?
12 CHAIRMAN HENDRIE:
No.
h 13 COMMISSIONER AHEARNE:
Aye.
i 14 COMMISSIONER KENNEDY:
No.
I 15 COMMISSIONER GILINSKY:
Aye.
i 16 COMMISSIONER BRADFORD:
Aye.
17 MR. CHILK:
And, secondly, I would like to get your 18 vote on the proposed order, at least by the majority of the i
19 Commissioners who voted to accept. review.
l 20 COMMISSIONER BRADFORD:
Aye.
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21 COMMISSIONER GILIN3KY:
Aye.
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22 COMMISSIONER AHEARNE:
Aye.
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23 COMMISSIONER KENNEDY:
I ab' stain.
As the footnote 24 on the order notes.
Am-FMwal Reconen, Inc.,
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CIAIRMAN HENDRIE:
Me, too.
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MR. CHILK:
The third item, then, is an order in i
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i 2 i Skagit, the nuclear cower oroject, in which the Commission i
3l consideration is being deferred pending completion of action 4
on a remanded issue by the Licensing Board, and a subsecuent I
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review by the Appeal Board, which was circulated to you by the 6
General Counsel.
[
7 It is my understanding that all of your have con-i i
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8 curred in that course of action.
9 CHAIRMAN HENDRIE:
Aye.
I 10 1 COMMISSIONER KENNEDY:
Aye.
II COMMISSIONER AHEARNE:
Aye.
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I2 COMMISSIONER GILINSKY:
Aye.
I3 COMMISSIONER BRADFORD:
Aye.
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i I4 MR. CHILK:
79 ~/5 is a final rule implementing Com-15 mission policy, and the Atomic Energy Act, as amended on avoidance i
16 of contract, or organizational conflicts of interest.
It is i
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17 toobtainapprovalonafinalruleimpl-aentingtheCommission'sj 18 approved policy.
All of you have approved the recommendations i
19 of the paper, cid I ask you to affirm it.
j 20 CHAIRMAN HENDRIE:
Aye.
2I COMMISSIONER AHEARNE:
Aye.
l 22 COMMISSIONER KENNEDY:
Aye.
l 23 COMMISSIONER GILINSKY:
Aye.
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24 COMMISSIONER BRADFORD: Aye.
Am Fmpal Rmorwn. Inc.
25 MR. CHILK:
The last one is the reappointment of I
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1 Dr. Max W.
Carbon to the ACRS, it is SECY-79-134, and all of I
i 2 !vou have reaccroved his acoointment, and I ask vou to affirm.
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3l CHAIRMAN HENDRIE:
Aye.
i 4l COMMISSIONER AHEARNE:
Aye.
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COMMISSIONER KENNEDY:
Aye.
6 COMMISSIONER GILINSRY:
Aye.
7 COMMISSIONER BRADFORD:
Aye.
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CHAIRMAN HENDRIE:
Let's see, I guess, anybody have 9
9 a complaint about the agenda?
10 I Good, thank you very much.
11 (Whereupon, at 10:50 a.m.,
the meeting was adjourned.)
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I Ace Federal Aeoorters. Inc. I 25 I
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION COMMISSIONERS:
Joseph M. Hendrie, Chairman Victor Gilinsky Richard T. Kennedy Peter A. Bradford John F. Ahearne
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In the flatter of
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PUGET SOUND POWER & LIGHT COMPANY,
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--- ---et al.
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Docket Nos. STN 50-522
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50-523 (Skagit Nuclear Power Project,
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Units 1 and 2)
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ORDER Commission consideration of the petition for review of ALAB-523, filed on behalf of the Upper Skagit Indian Tribe, the Sauk-Suiattle Indian Tribe and the Swinomish Tribal Community, is hereby deferred pending completion of action on the remanded issue by the Licensing Board and any subsequent review of it by the Appeal Board. The matter is essentially interlocutory at this stage and is best addressed on the merits in the first instance by the Licensing Board.
That Board should proceed to consider the matter expeditiously.
It is so CRDERED.
For the Commission.
SAMUEL J. CHILK Secretary of the Commission Dated at Washington, DC, this day of March,1979.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION COMMISSIONERS:
Joseph H. Hendrie, Chairman Victor Gilinsky Richard T. Ker.aedy Peter A. Bradford John F. Aheirne
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In the Matter of
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ROCHESTER GAS AND ELECTRIC
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CORPORATION, et al.
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Docket No. STN 50-485
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(Sterling Power Project
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Nuclear Unit No.1)
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ORDER Oi, October'19, 1978, the Atomic Safety and Licensing Appeal Board dec: Jed ALAB-502, 8 NRC 383 (1978), which partially affirmed the Atomic Safety and Licensing Board's initial decision authorizing issuance of a construction permit for the Sterling Power Project, NuclearUnitNo.1.3/ A petition to review that decision was filed
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by an intervenor, Ecology Action of Oswego (Ecology Action). The NRC staff and the applicant, Rochester Gas and Electric, both opposed the petition for review. We subsequently extended our
' time to review that petiti,on until March 2,1979.
J/ The Appeal Board retained jurisdiction over the issues of need-for-power and the environmental impact of radon releases arising from the mining and milling of uranium.
2 We have decided to grant Ecology Action's petition in part.-
The issue for review is whether, in the factual circumstances presented by this proceeding, the Appeal Board correctly interpreted the Commission's "obviously s,perior" standard for rejecting the applicant's proposed site because of the existence of a preferable alternative.1I The parties to the review shall be the same as the parties before the Appeal Board in ALAB-502.
The parties initial briefs shall be received by the Commission by Any reply briefs should be received by If we determine to have oral argument it will be scheduled in a future order.
It is so ORDERED.
I By the Commission Samuel J. Chilk Secretary of the Commission Dated at Washington, D.C.
March 1979.
2_/ ommissioner Kennedy did not participate in approval of this order Cbecause he felt that no review of ALAB-502 was necessary.
1 Public Service Company of New Hamoshire (Seabrook Station, Units 1 and 2), CLI-77-8, 5 NRC 503, 528-30 (1977).