ML19263E466
| ML19263E466 | |
| Person / Time | |
|---|---|
| Issue date: | 05/07/1979 |
| From: | Gilinsky V, Hendrie J, Kennedy R NRC COMMISSION (OCM) |
| To: | |
| References | |
| REF-10CFR9.7 NUDOCS 7906180369 | |
| Download: ML19263E466 (7) | |
Text
97
,f
!% ;; Transcript of Procesdings k
v(/ NUCLEAR REGULATORY COMMISSION AFFIR% TION SESSICN 79-11 (Open to Public Attendance) ftnday, May 7, 1979 2355 017 Pages 1-6 Prepared by:
C. H. Brown Office of the Secretary 7906180fff
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UNITED STATES OF AMERICA 2
NUCLEAR REGULATORY COMMISSION 3
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AFFIRMATION SESSION 79-11 5 q (Open to Public Attendance)
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8 Commissioners' Conference Room 1717 H Street, N.W.
9 Washington, D.
C.
10 Monday, May 7, 1979 11 12
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The Commission met, pursuant to notice at 5:05 p.m.,
13' Joseph Hendrie, Chairman of the Commission, presiding.
14 PRESENT:
16 Chairman Hendrie Commissioner Gilinsky 2355 018 7
Commissioner Kennedy 18 :
Commissioner Bradford Commissioner Ahearne 19 ll'
! ALSO PRESENT:
20 g S.
Cnilk l
21 ;a' L.
Bickwit i
L.
Slaggie 22 :,
A.
Kenneke 2 3.'
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1 0 PROCEED I'N G S 2
CHAIRMAN HENDRIE:
Greetings.
I ask you to join me in voting to hold, on less than one week's notice, a meeting to af firm the Commission orders on the Oconee's units and the Rancho Seco units.
6 Those in favor?
7 COMMISSIONER BRADFORD:
Aye.
8 COMMISSIONER KENNEDY:
Aye.
9 COMMISSIONER GILINSKY:
Aye.
l 10 COMMISSIONER AHEARNE:
Aye.
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CHAIRMAN HENDRIE:
So ordered.
12 MR. CHILK:
This is an affirmation of two 13 orders, one in the matter of the Duke Power Company dealing 14 with the Oconee Nuclear Stations, Units 1, 2, and 3, and one 15 order in the matter of Sacramento Municipal Utility District 16 dealina with Rancho Seco Nuclear Generating Stations in which 17 there is a shutdown to the plants that is being directed, j
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pending the completion of certain actions that are authorized 19 fdin the order.
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It is my understanding that all of you have agreed j
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,;with the order and so I would ask you to affirm your vote.
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p COMMISSIONER GILINSKY: Could I ask for an explanation?
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l May I ask a question?
Are these Commission orders 24 or are these Directors orders?
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9 MR. CHILK: These are Commission orders to be signed 2355 019
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by me as the. Secretary.
2 COMMISSIONER GILINSKY:
And does that mean that this, 3
dum, has to come back to the Commission before ---
]
There is nothing in the order that 4
MR. CHILK:
5
- specifies.
6 COMMISSIONER GILINSKY: Well, what does the General 7
Counsel think?
8 MR. BICKWIT:
No, it doesn't mean that.
9 COMMISSIONER KENNEDY:
It does not?
l 10 MR. BTCXWIT:
It does not mean that.
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11 Under the terms of the order, if the staff is 12 satisfied with the adjustments the order expires of its own j
13 weight.
14 COMMISSIONER GILINSKY: And what's the significance - 7 15 COMMISSIONER KENNEDY:
Now, how does that happen?
16 The staff must identify that in some way.
How does it do 17 it?
There is no date for the automatic expiration of the i
l 18 terms of this order.
19 MR. BICKWIT:
No date, but when the staf f 20 l expresses its satisfaction -- Page 8 of the ---
l 21 jj COMMISSIONER KENNEDY:
Page 8.
n 22 'j MR. CHILK: Well, it is also stated on Page 12, l
23,'it says that ---
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l 24 e COMMISSIONER AHEARNE:
You might refer to which l
25 ' order you are talking about?
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MR. BICKWIT:
Yes, I was referring to the Oconee.
2 MR. SLAGGIE:
On Page 12, for example, of the Oconee 3
. Order, the way the order is worded is, it says, for example 4
paragraph 2:
"The licensee, shall maintain Oconee 3 in a 5
. shutdown condition until Items A thru E above are satisfactorily 6
completed and such completion has been confirmed by the 7
Director, Office of Nuclear Reactor Regulation."
8 In effect, it says, a condition of your operation l
9 of Oconee 3 is that you must have in your possession. a piece t
10 of paper signed by Harold Denton which says Items A thru E have 11 been satisfactorily completed.
12 COMMISSIONER GILINSKY: So this, then, is a memorandum' 13 from him to us?
14 MR. SLAGGIE:
No.
There is nothing that has to go 15 through you, now.
All you -- if they should start operation 16 without such a piece of paper in their possession, then they 17 would be in violation of this order and any NRC inspector, I
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l 18 intervenor or anyone else who became aware of the fact that 19 they were so doing, would be able to ---
20 COMMISSIONER GILINSKY: And this piece of paper 21 says what, I,
Director of Office of Nuclear Reactor Regulation i
22 find that ?
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23 MR. SLAGGIE:
Yes.
1 find that Items A thru E have l
24 been satisfactorily completed.
You are basically ---
l 25 COMMISSIONER GILINSKY:
Signed by the Director?
2355 021
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k:
1 MR. SLAGGIE:
Signed by the Director, right.
2 MR. BICKWIT:
The understanding is that the staff h
3 [ would keep the Commission informed on this issue, but it 4
would nec be a Commission action.
- 1 5 i COMMISSIONER KENNEDY:
In that case, why is this v
6' da Commission order instead of as we had originally agreed, 1
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,I thought, at the table, it would be a staff order by the J
8 l Director of Nuclear Reactor Regulation?
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9 CHAIRMAN HENDRIE:
I guess, because there has been l
10 lsome discussion as to whether the order would be better I
11? framed as a staff order, better framed as a Commission order I
'l 12ljand I think the judgment of the Counsel's Office is that 13 J while the difference probably is not large, there is probably a
14 lsome advantage in having it a Commission order.
Also, I
,l 15 " have checked with Mr. Denton and he doesn't have strong i
16 feelings on the matter, but on balance, would himself just 17 g as soon it was a Commission order with this self-executing I
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18 Provisions as laid out in there.
19 MR. CHILK:
May I ask you then, to affirm your votes 20 in favor of the order, if all of you are voting in favor?
21 COMMISSIONER AHEARNE:
Aye.
I 22 COMMISSIONER KENNEDY:
Aye.
23 COMMISSIONER BRADFORD:
I noted a while ago, I would 24 lnot have done that last one that way, but I'll affirm the rder now.
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l' COMMISSIONER GILINSKY:
Aye.
2 CHAIRMAN HENDRIE:
So ordered.
3 COMMISSIONER KENNEDY: What did you say?
4 COMMISSIONER BRADFORD:
I would have had it come 5
back to the Commission at the end.
6 COMMISSIONER AHEARNE:
I would do the same.
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CHAIRMAN HENDRIE:
So ordered.
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COMMISSIONER GILINSKY: This covers both Oconee and'--?,
9 MR. CHILK:
Both Oconee and Rancho Seco.
10 (Whereupon, the Commission meeting was adjourned at i
11 5:10 p.m.)
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