ML19290D933
| ML19290D933 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 02/14/1980 |
| From: | Bickwit L, Gilinsky V, Hendrie J NRC COMMISSION (OCM), NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| Shared Package | |
| ML19290D934 | List: |
| References | |
| REF-10CFR9.7 NUDOCS 8002290514 | |
| Download: ML19290D933 (11) | |
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U N IT E D STATES N UCLE AR REG UL ATO RY COMMISSION in the matter of:
DISCUSSION OF GUIDANCE TO TMI BOARD RE MANAGEMENT COMPETENCE s
PIaee:
washington, D.
C.
Date:
February 14, 1980 paggg; 1-9 l
INTERNAT1CNAL VERBAT1M REPeaTEas. INC.
409 SCUTH CAPTTCL STREET. S. W. SUITE 107 WASHINGTCN. D. C 7.C002 202 484-3550 i
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le 8 002290 J
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Tape.3-1 I
UNITED STATES m
I NUCLEAR REGULATORY COMMISSION
_ _ _ _ _ _ _ _ _ _ _ _ _x
.L In the Matter of:
DISCUSSION OF GUIDANCE TO TMI e
3 BOARD RE MANAGEMENT COMPETENCE I
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _x i
3 I
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1 10 Room 1130, Eleventh Floor 1717 H Street, N.W.
it Washington, D.C.
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Thursday, February 14, 1980 l
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The Commission met, pursuant to notice, for i
!4 presentation of the above-entitled matter, at 3:35 p.m.,
17 BEFORE:
I ta VICTOR GILINSKY, COMMISSIONER
!?
PETER A.
BRADFORD, CODiISSIONER 20 JOSEPH M.
HENDRIE, COM'4IS SIONER 1
LEONARD BICKWIT, GENERAL COUNSEL
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SAMUEL J.
CHILK, SECRETARY
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_P _R _O _C _E _E _D _I _N _G _S COMMISSIONER GILINSKY:
We are assembled to discuss proposed or possible guidance to the TMI 1 Board, concerning A
the question of management competence.
The matter will be presented by the General Counsel.
e 5
MR. BICKWIT:
At our last meeting on this subject, 7
there was not a majority of the table for issuing the order i
f that our office had drafted.
We had not taken the position 3
of recommending that it be issued.
We're putting it f o rwa r.d f
for Commission consideration.
There were really two questions involved in that i
11 i
5 order.
One, whether additional guidance to the Board was i
need or appropriate on the issue of management competence.
i Secondly, whether the Board should be asked to reach a 4
ta i
I partial initial decision on that issue and refer it up to the IJ i
Commission for early action within the scope of the l
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proceeding.
17 I
When the Commission broke on this, OPE and OGC i3 l
were asked to see.if we could develop greater guidance.
Some 19 Commissioners indicated that that might influence their vote 20 not only on the order with respect to the guidance, but, i
21 on the order with respect to the procedures that would be i
O used in implementing that guidance.
22 CCMMISSIONER GILINSKY:
That was John's views I 21 remember.
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MR. BICKWIT:
That's right.
He indicated that if m em j orur u = w,, - :<
age 6 M N. L g.
SutTd :07
3-3 I
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the guidance were clearer he might reconsider his position 2
on early procedures.
COMMISSIONER GILINSKY:
Where is he now that we A
need him?
i e
MR. BICKWIT:
I have with me the order that was draf ted by Commiscioner Gilins'17 and his of fice which OPE and 3
OGC reviewed.
As far as OGC's concerned, we're prepared to
/
I recommend issuance of the order in this form.
In Commissioner i 3
l i
Gilinsky's cover memo he again raises the issue of early i
procedural consideration of the management issue.
We're l
10 still not prepared to recommend on that question.
COMMISSIONER GILINSKY:
Well, I wouldn't propose IO f
that we act on this in absence of the other two Commissioners.
I T3 It's a pretty important question.
I think we ought to l
14 l
participate but, I continue to believe at a minimum we ought IS l
to specifiy the questions we think the Board ought to l
i4 I
address in the management area, because there isn't any l
i 17 guidance that I Know of, Commission guidance, for the Board IS here.
I 19 l
I would go further and ask the Board to give 20 expedited consideration so that the Commission can take this l
i ti i
matter up separately in an early point.
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Do you have any thoughts on this, Joe?
COMMISSIONER HENDRIZ:
Do I remember some communica-
- 1 tion from the Board along the line that it would probably create a problem for them to try to hear this piece first and
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I issue a partial initial decision on it so it can be forwarded up here or don't I?
2 MR. BICKWIT:
Yes, you do.
They didn't make any A
recommendations to us.
They didn't feel that would be appropriate.
But, they did specify that it might be difficult e
3 to separate out those issues which are management competence issues from those issues which are not.
The extent of that 7
i difficulty I think is lessened to some degree by the 3
specificity of thic new draft order.
.7 Our view, however, there were other arguments l
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11 f
acainst excedited consideration, l
CCMMISSIONER HENDRIE:
Also the draft order in hand I2 does not say expedited.
13 MR. BICKWIT:
No, it does not.
14 COMMISSIONER HENDRIE:
When you get into it why 13 here's some things together with others that you --
I4 4
i MR. BICKWIT:
That's why we recommend approval.
T7 COMMISSIONER HENDRIE: Your personal position would I3 be you'd like to see it expedited but, in hopes of gathering 19 wide support.
20 COMMISSIONER GILINSKY:
Right.
Il i
COMMISSIONER HENDRIE:
You're willing to --
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i COMMISSIONER GILINSKY:
At least specify, m
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COMMISSIONER GILINSKY:
-- specify.
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Did anybody try to scan thes-
_th regard to seeing n
either 16 of them which -- is that righ
-- some number
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I like that --
I MR. BICKWIT:
Yeah.
2 COMMISSIONER HENDRIE:
-- yet?
There is a certain amount of if not repetition, similarly.
1 MR. BICKWIT:
I think that is correct.
i 3
COMMI!SIONER HENDRIE:
What I was going to ask --
7 I must say I don't have objection, I don't think, to forwarding l i
this sort of guidance.
The problems that I was concerned i
l about were the extent to which it might encumber the proceeding' 9
down there by making it more difficult for the Board to get these things all sorted out.
But, that's been relieved by in the format in which the order is proposed.
So, I can't see I
why there's any objection here.
I 13 What I would ask is whether in proposing the order, l
T4 Vic, you'd be willing to let Ed and the General Counsel look 13 critically through the 16 and see to what extent there seems id to be a repetition or at least a similarity which suggests i
17 l
that, you know, iten I and item I plus 7 ought to be combined la and --
19 COMMISSIONER GILINSKY:
Sure.
20 i
COMMISSIONER HENDRIE:
-- just from the standpoint I,
21 l
of a more --
C COMMISSIONER GILINSEY:
I thought that had been i
done.
4 MR. BICKNIT:
It has beca done.
But, I think --
COMMISSIONER GILINSKY:
Sure, by all means why n,,m ure,m varu m n m x et e C.aMTCL iTMC1* A e. Sur E '27
I don't you review it again.
That's fine.
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2 COMMISSIONER HENDRIE:
I guess I haven't tried to s
analyze in enough depth to really say, but --
A COMMISSIONER GILINSKY:
Well, suppose you take this thing back and see if you can --
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COMMISSIONER HENDRI:
Take a scan on it and if you o
7 think it's all right as it is and the issues don't seem to i
i repeat in any way from item to item or at least not enouch i
i i
to be objectionable, why fine.
I wouldn't propose, you know, l
to try to scrub it any more myself.
,O i
)
COMMISSIONER GILINSKY:
If you could return it to us 11 early next week, when we'll have a full complement, I hope.
I l
MR. MALSH:
We have looked at it from the standpoint 13 i
of repetition.
We have not looked at it from the standpoint id i
of combining a couple into one.
II l'
COMMISSIONER GILINSKY:
Well, if there's some lack
+
T4 of clarity or you think the guidance could be made more I
precise --
COMMISSIONER HENDRIE:
In some respects, l
19 COMMIESIONER GILINSKY:
That's fine with me.
I 20 i
t just think it would be a mistake to leave the Board up in the i
21 l
l air on what it is we have in mind.
2:
MR. HANRAHAN:
I think it's useful in that the Board i
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may think there's greater distinction between items that might m
- 1 be inferred.
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CCMMISSIONER HENDRIE:
Well, they're items that INTUret4PCPLA4. '/UF&A7M E M
sr,ru s m age 2:n/Tse aw'*Cs. ETRt2*, L e. 5UrTY '97
I relate to organizational competence or items that relate to I
finances and some relation between finances and technical matters.
4 If you go back and squint at it again, why, you 3
might decide it'd be that the Board would find a more 5
coherent set of directions if there were some combining.
7 I don't know, I would leave that to your disgression.
- But, 1
I suggest that it would be -- it just seems to me to be a 3
1 i
useful enterprise.
I think what you might do is come around
.7 with it the next time with a vote sheet on it.
Don't you g
think?
,l i
' hat's fine with me.
l COMMISSIONER GILINSKY:
T I4 i
MR. BICKWIT:
I should add one other factor.
I 13 l
Yesterday we received from the staff some proposed guidance
-- generic guidance -- on management competence rather lengthy i
piece of paper which I personally haven't reviewed, but, I j
T6
,i understand from that it's consistent with the outlines 17 of this order.
I would have no problem with the i
19 i
Commission issuing this order without regard to its evaluation 1
20 I
of that document.
But, the Commissioners may want to take I
21 l
a look at it to see whether there's material in that document O
that it might want to add to this sort.
We can do the same
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if that's what you'd like us to do.
24 COMMISSIONEh GILINSKY:
I would say that if your c
scanning or that document leads you to think there's
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!60Cre4 VNUM ' M.aw s u.ri ao scatru CAFTCt. IfREI?, L e. stJr?1 '97 eadbeteeG7Cre.1 O N
I something violently at odds here --
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t MR. BICKWIT:
No.
COMMISSIONER GILINSKY:
-- with that one --
A t !R. BICKWIT:
Apparently there isn't.
e COMMISSIONER GILINSKY:
Let's bring it out.
- But, 1
3 if there isn't, it's another one of those times when forward 7
progress --
COMMISSIONER HENDRIE:
That's right.
Vic, you 3
i remember this is a thing we asked out of tb action plan 9
that was due in January, we said we'd be interested in l
10 l
seeing it even in draft form.
Then he sent it up.
su I've been through it.
It's pretty -- I'm surprised i
i
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f at the detail in it, but, it looks all right.
I would i
13 expect that that document, in fact, would surface in the TMI 1 14 t'
proceedings as the Board begins to exercise these qcestions IS l
it will inevitably ask the NRC staff and what do you think i
I4 I
about it?
Staff will have some view and I think as a sort 17 l
i of draft criteria that the staff's beginning to use to aid 18 them in forming judgements about management.
Why, there it l
19 I
is.
I think it has surfaced to be available to the Board.
I 20 COMMISSIONER GILINSKY:
Does that sound okay to you Il Peter?
COMMISSIONER BRADFORD:
It scunds okay to me.
MR. BICKWIT:
So, the hope is that with appropriate
~1 revision this can be put out without an additional section?
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COMMISSIONER GILINSKY:
Well, you may find you'll
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End Tape 3 I
I need to revise it.
But, if you think --
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2 MR. BICKWIT:
I think we do.
t COMMISSIONER GILINSKY:
-- some revision would improve it, by all means why don't you propose a revision.
3 MR. BICKWIT:
I think it's all right as it is, but, it would be better.
3 l
7 COMMISSIONER GILINSKY:
Well, let's do tnat.
- But, i
I think that ought not take very long.
You ought to be able 3
to get it back up here early next week.
9 COMMISSIONER HENDRIE:
Try to put yourself -- vell,
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i my suggestion would be try to put yourself in the position of ti the Board and see if there were some better configuration of these things or whatever which would help you in cutting the 13
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proceeding -- the scope in the proceeding to get forward on l
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them.
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COMMISSIONER GILINSKY:
Or, you may want to group l
16 i
them in some particular way.
17 COMMISSIONER HENDRIE:
It's in that sense that I I3 would suggest it.
I 19 COMMISSIONER GILINSKY:
Very well.
20 COMMISSIONER HENDRIE:
I guess if we -- then if we l
21 l
get a positive vote on it, why, we'll come and affirm it --
COMMISSIONER GILINSKY:
Sounds good.
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COMMISSIONER HENDRIE:
-- soon thereafter.
- s COMMISSIONER GILINSKY:
Very good.
Thank you.
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(Whereupon the hearing adjourned at 4:50 p.m.)
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