ML19263E469
| ML19263E469 | |
| Person / Time | |
|---|---|
| Issue date: | 04/30/1979 |
| From: | Gilinsky V, Hendrie J, Kennedy R NRC COMMISSION (OCM) |
| To: | |
| References | |
| REF-10CFR9.7 NUDOCS 7906180384 | |
| Download: ML19263E469 (8) | |
Text
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~M463 UNITED STATES OF AMERICA 2
2Vidl NUCLEAR REGULATORY COMMISSION 2
PUBLIC MEETING AFFIRMATION SESSION 79-9 5
6 Room 1130 1717 H Street, N.
W.
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Washington, D.
C.
E Monday 30 April 1979 The Commission met, pursuant to notice, at 2:30 p.m.
BEFORE:
DR. JOSEPH M.
HENDRIE, Chairman i
i VICTOR GIIINSKY, Commissioner I
RICHARD T.
KENNEDY, Commisisoner PETER A.
B RADFO RD, Commissioner JOHN F.
AHEARNE, Commissioner PRESENT:
Mssrs. Chilk, Eilperin, Slaggie, and Ostrach 10 2355 005
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.a.
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2 CR
_P _R _O _C _E _E _D _I _N _G _S udvid(
CHAIR'UW HENDRIE :
If we could come to order; 4/30 2
we have this afternoon an affirmation session.
Sam, why don't you take us through the enes on 5
which we're all agreed, and then we'll deal with the others.
6 MR. CHILK:
Thank you.
7 SECY-A-79-30 APPOINTMENT OF PART TIME MEMBER OF ASLBP 3
The first one we're agreed to is 79-30, the 9
appointment of James R.
Yore as a part time attorney memLar IC of the Atomic Safety and Licensing Board Panel.
All of you l'
have approved the recommendation to so appoint him.
And I
'2 ask you to sc affirm.
13 (Chorus of ayes.)
i' CHAIRMAN HENDRIE:
So ordered.
15 SECY-A-79-31 KEWAUNEE SHOW CAUSE ORDER
't MR. CHILK:
The second one is 79-31; it's a Wisconsin Public Service Corporation; and the purpose of the
'E paper was to obtain Commission authorization, issue a notice 19 of authorization pursuant to 10 CFR 2205 on a staff order 2C imposing civil monetary penalties.
All of you have approved that recommendation.
CHAIRMAN HENDRIE:
Those in favor?
(Chorus of ayes.)
2355 006 I'
So orderec.
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3 e
lavidj SECY-A-79-32 APPOINTMENT OF H.
The third one is 79-32, the appointment of Herbert Grossman as a fulltime attorney member of the Atomic Safety and Licensing Board, and all of you have approved his appointment.
I ask you to affirm your 6
vote.
7 (Chorus of Ayes.)
c
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CHAIRMAN HENDRIE:
So ordered.
C SECY-79-16A KRANISH FOA APPEAL 10 MR. CHILK:
The fourth one is79-16A, the 11 Kranish FOIA appeal.
This dealt with some one, two, three, 12 i four, five, six documents; the first document identified as l ~'
B-5.
The staf f recommended a par +.ial release, and the u
Commission approved that release in part by unanimous vote.
15 CHAIRMAN HENDRIE:
Tho3e in favor?
le COMMISSIONER AHEARNE:
Could you identify what they are, number B --
MR. CHILK:
B-5.
19 COMMISSIONER AHEARNE:
B-5 is being released?
^C MR. CHILK:
B-5 is being released in part, and v
withheld in part.
It's a partial release.
COMMISSIONER K.i'NNEDY :
Are they the only ones at n,
issue?
MR. CHILK:
No, they were --
2355 007 COMMISSIONER BRADFORD:
No.
a i
4 1
javid4 MR. CHILK:
There were five documents.
The 2
second one was B-6.
The staff recommen'ded that the appeal 2
be denied, and you agreed to deny it by unamimous vote.
The third one was B-7.
The staff recommended that s
5 the appeal be denied, and all of you voted to release it.
6, The third item was B-8; the staff recommended 7 ;i that you deny the appeal, and by a three to two vote you E
agreed to deny the appeal.
9 CCMMISSIONER BRADFORD:
That's the third item or the fourth, Sam?
li MR. CHILK:
That's the fourth item, B-8.
And 12; then there were the draft summaries, which the staff recommended 13 that you deny the appeal and you did deny it.
1.:
I ask you to affirm your votes.
15 COMMISSIONER KENNEDY:
Uhen did I vote to release 16 B-7?
MR. CHILK:
I guess I have a vote that I thought
.5 said you agreed to release B-7 and that all of you agreed to 19 release B-7.
20 COMMISSIONER KENNECY:
All right.
21 MR. CHILK:
If that's not your vote, I will --
22 COMMISSIONER AHEARNE:
I don't have --
22 COMMISSIONER KENNEDY:
All right; the only thing I'
I cra recall at this juncture is my February 22nd memorandum.
.s u.c...
m
- f Of ccarse I would note that months do roll on.
One tends to 2355 008
5
- avid 5 1
forget over the months.
2 MR. CHILK-I think, sir, there was a 2
consolidation that went around --
CO?e1ISSIONER KENNEDY:
Oh, a revision?
f MR. CHILK:
Well, I think Ms. Perry went around e
6 and tallied your votes on each one of these, as it turned out.
Ii 7?
COMMISSIONER KENNEDY.
I' d like to hold on it.
E MR. CHILK:
Can I -- since I have a clear majority, O
regardless of the individual votes, can I get you to affirm your 12 votes, subject to our clearing up any misunderstandings that might exist in the way I've represented your votes, just so I2 we don' t have to af firm the paper again.
I3 COM51ISSIONER AHEARNE:
Well, I guess the pu::zle I l'
have there, Sam, is I think I'd rather wait a day.
'5 MR. CHILK:
Okay.
I'm sorry.
I apologize.
COMMISSIONER KENNEDY:
I'd like to go back and
~~
check.
COMMISSIONER AHEAR';E :
Yes.
II CHAIRMAN HENDRIE:
Okay.
We will hold 79-16A and E
79-20, which is a motion in the Shearon Harris proceeding, for 2'
affirmation for a decision meeting as may be necessary, the 22 Secretary to see how that sorts out.
22 On the S-3 order, we've had a request for a little more time.
Peter, I understand you said --
2 COMMISSIONER BRADFORD:
Yes.
Two days is ample.
2355 009
6
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lavid6 CHAIRMAN HENDRIE:
Until Wednesday.
If I look nl at the schedule, we have some time available Wednesday morning, is that --
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COMMISSIONER BRADFORD:
Yes.
I 5
CHAIRMAN HENDRIE:
Does that seem to much?
6 g
COMMISSIONER BRADFORD:
That's fine.
i 7
MR. CHILK:
We do have some time on the E
schedule.
CHAIRMAN HENDRIE:
There is a Commission reserve time on Wednesday.
1' MR. CHILK:
On Wednesday there's a Commission
'I reserve time following the steam generator replacement.
CHAIRMAN HENDRIE:
And what I would propose to 1
do, then, is to have a decision meeting at that time, so we can discuss them both; in order that we can have it -- now,
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let's see.
I think --
COMMISSIONER KENNEDY:
In order to do that, don't Ic
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we have to extend the order?
When does the order expire?
CHAIRMAN HENDRIE:
It expires -- yes, we do.
I think I need another meeting to do that.
MR. OSTRACH:
I'm sorry, Mr. Chairman.
CHAIRMAN HENDRIE:
We've scheduled an affirmation f
session; we've all agreed that we don't discuss merits at affirmation sessions.
It appears to me that we've now affirmed 2355 010
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the three items which are afirmable at this point.
I've set two items over to a later session.
That's no particular instft to the meeting.
I do need to talk about S-3, however, because I
there is an action which must be taken today.
I would, 6
therefore, propose now to close the affirmation session of the 7'
Commission, and to ask you to join me in voting to have a E
short notice meeting to discuss this matter on S-3.
I believe that would be the way to treat it, don't you think?
E MR. OSTRACH:
If you wish to, Mr. Chairman.
I believe that by noting on the published agenda that you I2 were having a meeting on S-3, you are entitled to discuss it I2 at your pleasure.
You're not obligated to give details as to the --
,c you're notec -- your public notice that these are affirmation
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session do not necessarily prevent you from having a discussion.
I believe that's internal Commission policy.
CHAIRMAN HENDRIE:
That's -- that's an internal policy, and just to avoid -- I prefer to avoid breaching e
that, just because if we are to have the affirmation sessions
^
in the form we do have them, I dink it is important that
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we not become entangled in matters of substance on the individual
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items; atherwise, they don' t have the character that they're intended to have, and the Commissioners don't typically come to the table in plai.ning to discuss issues on something.
2355 011
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I david 8 I would propose then to ask you to join me in 2j a short notice -- voting for a short notice meeting on S-3 so we can discuss what we need to do there.
3 Those in favor?
'l 5
(Chorus of ayes.)
6 j So ordered.
7 (Whereupon, at 2:38 p.m.,
the meeting was 8
adjourned.)
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