ML19261D386
| ML19261D386 | |
| Person / Time | |
|---|---|
| Issue date: | 04/30/1979 |
| From: | Gilinsky V, Hendrie J, Kennedy R NRC COMMISSION (OCM) |
| To: | |
| References | |
| REF-10CFR9.7 NUDOCS 7906190044 | |
| Download: ML19261D386 (7) | |
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R4465 I
UNITED STATES OF AMERICA I
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NUCLEAR REGULATORY COMMISSION i
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PUBLIC MEETING l
DISCUSSION OF OGC MEMO ON S-3, DATED 3/29/79 l
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Room 1130 1717 G Street, N.
W.
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Washington, D.
C.
9 Monday 30 April 1979 l
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The Commission met, pursuant to notice, at 2:38 p.m.
II BEFORE:
12 DR. JOSEPH M. HENDRIE, Chairman 13 VICTOR GILINSRY, Commission 2r I4 RICHARD T.
KEN'?EDY, Commissioner 15
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PETER A.
BRADFORD, Commissioner 6
JOHN F. AHEARNE, Commissioner l
17 PRESENT:
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Mssrs. Chilk, Eilperin, Slaggie, and Ostrach l
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2309 044 22,
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eral Reocriers. Inc.,
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I david 2 P,R O_ C_ E_ E_ D I_ N G_ S_
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CHAIRMAN HENDRIE:
Now, on S-3, since the 3
interim rule decays at midnight tonight, I would propose to e
you that in order to allow time for the -- the extended time Sl that we need that we forthwith publish an order extending 0
the interim rule for the time that we need.
7 I have a draf t prepared against this contingency.
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(Laughter.)
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Which I can either read to you or I don't know if 10 you've had a chance to see copies.
11 l COMMISSIONER BRADFORD:
That's one I'll taka your
-l 12 word for, as long as it doesn't --
I3 CHAIRMAN HENDRIE:
Now, let's see.
Why don't I i
I4 l just -- why don' t I read briefly through i t, and then if i
15 j something upsets you about it, why you can -- okay, this 6
will be an order titled " Action"--
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COMMISSIONIR KENNED'1:
Was it distributed?
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MR. CHILK:
Not to me.
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CHAIRMAN HENDRIE:
No.
Let me read it.
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" Extension of the interim fuel cycle" --
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COMMISSIONER AHEARNE :
Does anybody have it?
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'2 'd COMMISSIONER BRADFORD:
I have it because Steve i
23' Just gave it to me.
- i 24 i MR. CHILK:
Here, let me -- I've got another copy of
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2309 045 it.
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I I lI, lavid3 CHAIRMAN HENDRIE:
I asked OGC to prepare it lest
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we not have -- be able to go forward at the affirmation session 0
3' today.
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COMMISSIONER KENNEDY:
Could I suggest that 5!
we authorize them a slight increase in their xeroxing budget 6
for the future?
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CHAIRMAN HENDRIE:
I think they're way over --
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I COMMISSIONER KENNEDY :
Oh, I think now, sure.
9l That's why I'm suggesting a slight increase.
i 10 CHAIRMAN HENDRIE:
Okay, let me scan through it.
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" Summary:
The Commission promulgated on 12 March 14, 1977 -- citation -- an interim rule identifying the i
I3 l1 environmental impact values of the uranium fuel cycle, which I
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were to be included in environmental reports and environmental 15 impact statements for individual lightwater nuclear power
'6 reactors
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"The interim rule was made effective for 18 months i
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with the possibility of extension for good cause.
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"The Commission has made two extensions of the 1
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p eriod of effectiveness of the interim rule; the most recent
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extension enlarged this period to April 30, 1979.
The h
22 Commission now finds. good cause to enlarge this period 1
23 6 until -
" and I will leave that date open to be discussed.
Okay?
aral Rex'rees, la:.
es COMMISSIONER KENNEDY :
Do we need to say anything 2309 046
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la tid 4 about what the cause is?
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CHAIRMAN HENDRIE:
Yes, ther e is -- there is
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a background statement which would go with this that says:
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" rule making, extensive evidentiary record has been i
i ti en reviewed," and so on and so on.
"The purpose of the i
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i extensions previously granted to allow the Commission to l
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study the record and the board's recommendation prior to
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l reaching the prior decision in the rule making."
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COMMISSIONER KENNEDY:
As it has in the past.
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CHAIRMAN HENDRIE:
And the current extension i's 1:$
more of the same, in effect, il 17 ?'
~ 'i COMMISSIONER AHEARNE:
And the extension is t
l' required because the rule hasn't been adopted.
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CHAIRMAN HENDRIE:
And with regard to the extension i
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time, the council had written in this draft "May 15th,"
1I allowing h couple of weeks.
If we should do it sooner than that, it might be useful.
I don't know, do you think we can i
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compel ourselves to action by -- well, taking 3 couple of 17 days, just making it a couple of days?
COMMISSIONER BRADFORD:
I can certainly complete everything I intend to do by temorrow morning.
My only--
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and at this point.I knou of only one relatively modest point I would make.
If it turned out there were others, I suppose
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I can't assume you would all automatically --
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2309 047
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lli david 5 ji And some discussion might then be warranted, but 2f as far as I'm concerned myself, a day or two suffices.
The
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end of the week might be a --
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COMMISSIONER GILINSKY:
What harm is it in making SI l
it May 15th?
We could always two days from now decide that 6 !
i the new rule will go into effect May 15th.
7 CHAIRMAN HENDRIE:
I have no objection to May 15th B
j as a date for the order.
If we're going to publish an order, 9
l why two days seems awfully small.
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Why don't we make it May 15th, and I then ask you 11 to join me in voting approval of the draft order that the 121 I
council has prepared for this purpose.
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(Chorus of ayes.)
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So ordered.
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i I guess the final thing that I would like to do 16 };
q with regard to S-3 is ask you to join me in voting a short 17 !!
.i notice meeting for Wednesday morning on the sub]ect, and h
18 :1 then the Secretary can let people know that we'll discuss it.
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j (Chorus of ayes.)
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MR. EILPERIN:
I won't be able to be available i
21 hj Wednesday morning if that matters.
I have a court case to 22 '
j' argue, so Leo can -- Leo can handle it.
23 yl CHAIRMAN HINDRIE:
I think Leo has done very well N
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so far.
And go and win your case.
- S COMMISSIC::ER GILINSKY:
Well, let's see; which a
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MR. SLAGGIE:
Well, we're preparing for the next i
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one.
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COMMISSIONER KENNEDY:
Would it be helpful if we 4
5 had scme idea what it was we were going to discuss on l
6 Wednesday?
7 CHAIRMAN HENDRIE:
Well, in brief, I can't tell 8
you the particulars, but the four of us have concurred in the j
orders as drafted by the general counsel.
Peter needs some
$0' time to scane it and has got at least a point or two that.
11 he would like to raise.
He wasn't ready to come to 12 affirmation today --
13 COMMISSIONER IESSEDY:
I just thought it might 14 be helpful to our own thinking --
i 15 COMMISSIONER BRADFORD:
Yes, I will circulate 16 whatever I --
17 l COMMISSIONER KENNEDY:
Okay.
Some thoughts that I
18 we can sort of focus on which will give us that much of a 19 1 l
leg up so we can make our discussion more intelligible and 20 i t
perhaps shorter.
I 21 li CHAIRMAN HENDRIE:
And I would hope we'd have d
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d'l discussion of the particular points and then come to a vote 23!d on them, and that that would presumably be final.
d 24 Okay, so we've voted a short notice meeting for 25 1
Wednesdav morning.
Please notice it and let people know.
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2309 049
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I CO:01ISSICNER KENNEDY:
I will be back tc you about lavid7 2 l}
the Kranish matter this afternoon, so we can be --
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CHAIPJ1AN HENDRIE:
Okay, these other twe -hings,
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Sam, when you have them in hand, why go ahead and se..edule 4
5 them and we'11 vote a short notice meeting to suit as we l
gather on the things.
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In the meantime, when you think you've ge-it 8
squared away, why you just go ahead and let people k ow and 9
we can put it on the schedule.
l 10 Okay, anything else?
11 Thank you very much.
I must say, we shcu'_d get 12 all our business transacted this briskly.
I3 (Wnereupon, at 2:45 p.m.,
the hearing was I#
adj ourned. )
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