ML19261D386

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Transcript of 790430 Public Meeting in Washington,Dc to Discuss 790329 Ofc of General Counsel Memo on S-3 Rulemaking
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)


Text

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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.

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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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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?

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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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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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