ML19320C834

Transcript of 800131 Affirmation Session in Washington,Dc. Pp 1-11

ML19320C834
Person / Time
Issue date:	01/31/1980
From:	NRC COMMISSION (OCM)
To:
References
REF-10CFR9.7 NUDOCS 8007180091
Download: ML19320C834 (12)

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U N.,I T E D STATES

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l In t h e. m a t t e 7 of:

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r Affirmation Session 80-4 l

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Washington, D. C.

Date:

January 31, 1980 Pages:

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INTERNATIONAL VERBATIM REPORTERS. INC.

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WASHINGTON, D. C. 20002 202 484-3550 e

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UNITED STATES

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2 NUCLEAR REGULATORY COMMISSION e

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In 'the Matter of:

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Affirmation Session 80-4 6

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8 9

10 Room 1130, Eleventh Floor 1717 H Street, N.W.

11 Washington, D.C.

12 Thursday, January 31, 1980 13 14 The Commission met, in full quorum assembled, for 15 the purpose of an Affirmation Session, at 3:30 p.m.,

16 BEFORE:

17 JOHN F. AHEARNE, CHAIRMAN 18 VICTOR GILINSKY, COMMISSIONER 19 RICHARD T.

KENNEDY, COMMISSIONER j;

20-JOSEPH M.

HENDRIE, COMMISSIONER II 21 gg PETER A. BRADFORD, COMMISSIONER i

a, 3

22 LEONARD BICKWIT, GENERAL COUNSEL

>!i 23 SAMUEL J.

CHILK, SECRETARY

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1 ERQQEgglEgg

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2 CHAIRMAN AHEARNE:

The Commission comes back in 3

session for an Affirmation Session.

4 Sam?

5 MR. CHILK:

Okay, there are four affirmations plus 6

an add on.

The first one is Secy 79-667, -which deals wich 7

licensing requirements.for Uranium Mills in.Wh'ich the Commission 8

has. unanimously approved the recommendations with the staff.

-9

-~r ask'you to affirm your votes.

10 (A chorus of " ayes".)

11 MR. CHILK:

The second deals with Secy 79-644 which 12 is the immediate reporting of significant events at operating 13 power reactors.

A majority of the Commission has approved 14 publication of the notice of changes to parts 20 and 50 to be 15 immediately effective.

16 Commissioner Kennedy preferred that rule be published 17 giving 30 days for public comment and 20 days for staff 13 revision.

Commissioner Hendrie approved subject to rule 19 changes being made effective 45 days after publication.

There jg 20 were some minor changes to parts 53 (a) and 3 (b) which all of fi g

21' you have approved.

Item 13 of paragraph part of f 3 (a) was gll 22 deleted.

However, Commissioner Gilinsky would have preferred j!i

>f 23 to retain it.

I 24 I would ask you to affirm your votes, il EI 25 (A chorus of'" ayes".)

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MR. CHILK:

79-676 which is publication of a final 2

rule of 10 CFR Parts.25 and 95 governing respectively 3

access to and safeguarding of national security information.

4 The Commission by a vote or four to nothing has 5

approved the publication in effective form.

Commissioner 6

Gilinsky did not participate in this action.

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7 COMMISSIONER KENNEDY:

Which one is this, yes.

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8 9

MR. CHILK:

Six seventy-six.

10 would you confjim your votes.

11 (A chorus of " ayes". )

12 MR. CHILK:

The fourth one is Secy 79-283, the 13 export of certain minor quantities of nuclear material.

14 The Commission by a vote of 4 to I with Commissioner 15 Bradford dissenting has approved publication in effective.

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i 16 form of the Federal Register notice the amendments to part i

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17 110 set forth in the enclosure to tne paper.

Commissioner 18 Bradford nonconcurred and requested that his nonconcurrence 19 be inserted in the statement of considerations which will be j;

20-done.

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. Commissioner Gilinsky concurred with the changes 22 to the general license with two exceptions, depleting uranium l$

>!j 23 for exporting any matter should be handled in the same way 53

5I 24 we now regulate.

Section 110.23 A (1) should be modified to Il 53 25 read --

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COMMISSIONER GILINSKY:

The way we now regulate

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2 source of material..

3 MR. CHILK:

Rignu.

Okay, the way we now regulate 4

source material, 1.e.,

issuance of a specific license is the 5

exact phrase.

Two, section 110.23 A (1) should be modified 6~

to read as follows:

"One kilogram or less per shipment of 7

unirradiated thorium or uranium other than speciai nuclear 8

material..

9 We have not had the opportunity of circulating 10 Commissioner's Gilinsky's recommended changes.

But, I would 11 ask you to affirm your votes subject to --

12 COMMISSIONER GILINSKY:

Wait, wait, wait, if you're 13 not circulating these and no one's had an opportunity to look 14 at them and considered them.

15 COMMISSIONER KENNEDY: I hav'e had the opportunity and 16 do not concur on those changes, I affirm my original view.

17 CHAIRMAN AHEARNE:

I think we're shifting away from 18 an affirmation.

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19 MR. CHILK:

We got this, about you'know, 30 minutes ag6.

31 20 COMMISSIONER GILINSKY:

Well, then I'm not ready to b'g

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deal with it then.

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a, COMMISSIONER BRADFORD:

Yeah, I would like to 1 5 E>jj 23 consider the changes.

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24 COMMISSIONER KENNEDY:

What are our rules in this 11 53 25 Imatter or do we have any rules?

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MR. CHILK:

Our rules are that a Commissioner can

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2 request that the matter be deferred and --

3 COMMISSIONER KENNEDY:

Was that requested?

4 MR. CHILK:

There would've been.no request.

Mr.

5 Gilinsky was placed on notice I believe --

COMMISSIONER GILINSKY:

Well, I'm requesting that.

6 COMMISSONER KENNEDY:

Are the rules.that at the 7

affirmation session which the item comes forward, we can then 8

request its deferral -- I'm just asking what the rules are.

9 CHAIRMAN AHEARNE:

Now, I think Commissioner Kennedy 10 is --

11 COMMISSIONER KENNEDY:

I just want to know what 12 they are.

13 CHAIRMAN AHEARNE:

-- correct.

It would be useful 14 to get the rules clarified.

15 COMMISSIONER KENNEDY:

I don't care what they are, 16 I'd just like to know what they are.

Now see we never I

17 follow any --

18 MR. CHILK:

The rule would be that the Commission 19 would approve'this on the basis without his vote in essence, 20 that his vote is not subject to being circulated at this 21 point in time, coming in as it did without any request for 22 any other consideration.

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23 COMMISSIONER BRADFORD:

Well, Vick's view, of course 24 wouldn't change in any case.

But, my difficulty is that I've 1

15 had no chance to consider --

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F 1 f CHAIRMAN AHEARNE:

No, my question, though, sik.

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--p 2 9 Peter, is:

Do we have a set of rules governing items i

3 coming for affirmation when points should be raised?

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COMMISSIONER GILINSKY: Well, let me just make 5

this small observation here.

6 Quite. apart from what the rules are. whether 7

you are entitled to vote the thing out, and if you want I

8 to vote the thing out go ahead and vote it out.

I think 9

l there are some important points here, substantive points

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10 and I think you may want to look at them.

I think you ought to look at them.

I'm surprised that Coruaissioners 11 i

12 would not want to look at them.

l CHAIRMAN AHEARNE:

Victor, nobody -- at least 13 14 I haven't said I wouldn't want to look at them.

That's r

not the issue..The issue is ---

15 I

k 16 COMMISSIONER KENNEDY:

I said I already did.

-- that any organization,.

17 CHAIRMAN AHEARNE:

f 18 in order.to run, and to run effectively has to have a 19 set of procedural rules it follows.

I was asking the questi'on:

Do we have a set of procedural rules?

If it 20 21 turns out we have.a set of rules which say that your e

l views should be expressed within 30 minutes of the time 22

=53 23 we are g ing to affirmation, then I think you have the wr responsibility to have your views expressed no matter how 24

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imPortant they are within that 30 minutes time, and if 25

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we.can't make it, if we have a set of rules that say that i

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,then a Commissioner

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1 tells the Secretary that I can't get my views in in time and

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2 I request a delay of the affirmation.

I agree, your views --

3 and.it sounds like they are worthy of consideration but, that's 4

not my question.

5 My question was do we have a set of procedures for 1

6 affirmation?-

7 COMMISSIONER GILINSKY:

Well, the reason I raise this 8

is that I'was not aware, until Sam had mentioned it, that these 9

had not been circulated or that they were not knows to other 10 Commissioners.

11 Apparently, Commissioner Kennedy knew about it ---

12 COMMISSIONER KENNEDY:

It's pretty hard for them to 13 have been because it was dated 31 January and that's today.

I 14 must say that if something is scheduled for affirmation, it is 15 only scheduled for affirmation after a series of procedures 16 have been gone through, isn't that correct?

17 COMMISSIONER GILINSKY:

I don't want to fence with 18 you about procedures --

i 19 COMMISSIONER KENNEDY:

I don't care.

Look, I don't jg 20 care what the procedures are as long as we have some.

The g"

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goddamn institution has not functioned for the last two and

$ #j 22 a half years because we haven't had any, none of it enforced, Ii l

jfl 23 and that's the management problem this institution faces and it vis 24 ought to be corrected.

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COMMISSIONER GILINSKY:

I guess what troubles me is S

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you don't seem to care what the rules on exports are, either.

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2 CHAIRMAN AHEARNE:

Sam, do we have a set of proce-3 dures on affirmation?

4 MR. CHILK:

Yes.

5 CHAIRMAN AHEARNE:

Could you read them?

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6 MR.'CHILK:

I don't have them with me.

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., 7 CHAIRMAN AHEARNE:

We'll pull this one off the 8

Secretary --

9 COMMISSIONER GILINSKY:

I'm not inclined to stand 10

,on this point.

11 CHAIRMAN AHEARNE:

Victor, you've made your point and 12 that is'that you have important points to mnke and that we're 13 derelict in our duty if we don't follow them.

14 My point is if we have procedures then we are all 15 derelict in our duty if we don't follow our procedures.

Sam

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16 doesn't happen to have them ready.

I think we've put Sam 17 in a typically uncomfortable situation.

18 MR. CHILK:

No, no.

19 CHAIRMAN AHEARNE:

I'll agree if the two colleagues jg 20 on the left pull it off for the moment.

But, I think that--Sam, l'

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could you send them back around for us.

$ij 22 MR. CHILK:

Yeah, yeah.

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>!i 23 CHAIRMAN AHEARNE:

If we have views that we want to gelI 24 raise affirmation items we have responsibility to get them

$I 25 raised.

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' COMMISSIONER KENNEDY:

While we're about it so

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2 maybe, Mr. Chairman, we could now suggest that Sam schedule 3

several meetings so that we can discuss all those rules on 4

which we're already agreed.

That ought to occupy us right on 5

through the spring.

6 MR. CHILK:

Could we -- I have one other paper that 7

the Commission may wish an affirmation which I hope the 8

Commission would consider.

It is not on the schedule.

I'd like 9

to go through it first before we -- and I'll need a short notice 10 vote.

I would like to go through it to make sure that --

1.1 CHAIRMAN AHEARNE:

Before we go through that pro-12 cesses, you're sure we've all agreed to the part that you want 13 us to affirm.

14 MR. CHILK:

It's my understanding that everybody

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15 has agreed to the part that we are to affirm and that's the 16 Federal Register notice.

17 CHAIRMAN AHEARNE.

May I have a vote on a short 18 notice meeting to add 'to'the affirmation the Federal Register 19 notice on the delegations authority and exports and related j;

20 areas.

21 151 UL chorus of " ayes".)

$opj 22 CHAIRMAN AHEARNE:

Aye for a short notice meeting.

~li 15l 23 04 chorus of " ayes".)

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24 MR. CHILK: This is a --

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1 25 COMMISSIONER GILINSKY:

What is the subject now?

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MR. CHILK:

The delegation of authority,in exports 2

and related areas.

This is the paper that IP has circulated 3

for the past several months.

It deals with a Federal 4

Register notice that deals with memos to the staff.

We 5

talked about it yesterday when you' talked about the delegation 6

of authorities, indicating that this had been done.

I checked 7

with your office about 30 minutes ago.

8 COMMISSIONER GILINSKY; Now, why is there a rush 9

for getting this out?

Why do you need another short notice 10 meeting?

11 MR. CHILK The Federal Register notice is one that 12 requires affirmation.

The matter has been pending for the 13' past six months.

I think it's a matter that you would like 14 to get out.

You talked about it yesterday and I feel that it's

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15 a matter that ought to be brought before yon s' this time.

16 COMMISSIONER HENDRIE:

We won 't have another af firma-17 tion session until next week.

18 MR. CHILK:

You won't have another affirmation 19 session until next week.

j y 20 CHAIRMAN AHEARNE:

But, I gather -- I'm afraid, Sam, t'I g

I don't think your assistance informed the Commissioners,

':21 22 ur: fortunately.

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!~f 23 MR. CHILK:

Well, I apologize for not --

51 g$I 24 COMMISSIONER KENNEDY:

Well, let me, maybe they 11 5I 25 haven't informed all Commissioners.

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CHAIRMAN AHEARME:

I was informed.

2 COMMISSIONER H3NDRIE:

I was informed.

3 COMMISSIONER EENNEDY:

I was informed.

Some 4

Commissioners operate offices in which they would normally be 5

informed.

6 MR. CHILK:

I stand corrected.

I take responsibility, 7

I brought the thing up and I dealt with your offices and I ---

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8 COMMISSIONER BRADFORD:

With no fault attached to 9

you, I was out of the office, and I came back and came 10 straight into this meeting without even stopping in my office.

l 11 No one could have spoken to me.

Having been at the proceeding, 12 that was, of course, a hinderance to being informed.

13 CHAIRMAN AHEARNE:

But, I was at the proceeding.

j 14 COMMISSIONER KENNEDY:

It certainly was not on my l

l 15 Part, because I wasn't informed during that time.

I 16 COMMISSIONER BRADFORD:

You were also not at the l

17 Proceeding.

COMMISSIONER KENNEDY:

That's correct.

18 CHAIRMAN AHEARNE:

I'm sorry, Sam.

19 MR. CH::LK:

I withdraw that.

That's all I have.

20 CHAIRMAN AHEARNE:

Thank you.

21 (Wher'aupon, the meeting was adjourned at 3:40 p.m.)

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