ML19338C875
| ML19338C875 | |
| Person / Time | |
|---|---|
| Issue date: | 06/08/1977 |
| From: | NRC COMMISSION (OCM) |
| To: | |
| References | |
| REF-10CFR9.7 NUDOCS 8009050481 | |
| Download: ML19338C875 (27) | |
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1 3$$Y CR 3705-A j
UNITED STATES OF AMERICA B0rthcr-1 2
NUCLEAR REGULATORY COMMISSION 3
Discussion of 5b-4 NRC Safety Reviews of Foreign Facilitier, 5
6 lith Floor Commission Meeting Room-7 1717 H. Street N.W.
Washington, D.C.
8 Wednesday, June 8, 1977 9
The Commission met, pursuant to notice, at 11:40 10 a.m.
11 PRESENT:
Commissioners Rowden, Kennedy and Gilinsky 12 kWM STAFF:
Strauss, Stoiber, Terrell, Shea, Gossick I
and Case.
14 15 16 17 18 19 20 21 l
22 Tse-+
=
23
+:-
24 Aa FWest Gweners, inc.
25 i
1
2 1
P,3 Q q { E Q I,,E E E 2
l CHAIRMAN ROWDEN: We have about 25 minutes for 3
this.
The basic paper is this classified document.
5:
4 MR. SHEA:
I might start off, if we are ready.
5 The subject of the discussion is NRC Safety Reviews of Foreign h (Y 6
Facilities.
We se=rt a paper, SECY 77-279, at Commission 7
request to examine the policy and other factors that were 8
involved in a number of different issues and papers that have 9
been sent to the Commission in recent months.
10 I might quickly go over those.
The first in 11 sequence was an assessment of NRC participation in IAEA 12 reactor safety missions, and technical assistance 13 assignments in developing countries.
This was discussed with agreement (JoAreached, I theCfmmissionand il s 14 r, ~
..iie g
15 believe, on having a flexible policy which would take into 16 account certain criteria which are listed here in the 17 Paper, namely, whether U.S.
supplied reactors are concerned, 18
.ed whether NRC would learn something from the exchange,.aaJ-had unique safety expertise and whether b staff M 19 4
20 available to do this.
A that discussion th;AL\\Jtd The 1R n
- v. _
possibility of 21
-AM" 22 another criterion v'4 % which has been discussed since bi 23 that time.
I understand we don't yet have full agreement 24 on the precise wording of the suggested additional criterionj Ace Federal Reporters, Inc.
which would attempt h perhap8have a statement from the 25 IAEA as to the extent of the receiving country's commitment
3 I
to develop a regulatory organization.
C; im la r t i H.
&WO &
2l rrL al__-~:-
i it was y particular interest of the 3
Commission bStM N b 8% 0 V E E*
- ssible criterion developed in the$ca uk hs(%
tsiek ga 4
Another g
'5 course of preparing th staff paper t"-t
' # f' 4 ?*na he,
+* ta ke. l.n T e hecpyavnT W4 6
it 1; j~.m
- gg;;t;;n, crn-whether the assistance would 7
support U.S. non-proliferation policy or otherwise make a 8
substantial contribution to foreign policy objectives of the l
Gfvernment.
That'is of particular interest, I think,
{
9 U.S.
ft.Jt.l0 in view of the-rc. m$Mt6+02 ggc lt A tt.
10 in U.S.gpolicy in recent weeks.
Now this all has been in the context ofl$k L 11 provision 12 of safety advice via the IAEA upon equest.
This is something l 13 that has been done in the past.
14 As far as I know there is no particular question f
as to the legal basis for doing so. ML
-t1P'cA tt y 15 U.S.A participates in ' h A
$de k e th ite tte.t as part of 47 -y a multi-national team that goes a%
16 4
s.d.
I 17 nd"#cc- ^-
J.-
_ R in a particular foreign country
/
& 6h 3Gft.T y Aspe.c.73' 0F iH Alet.,C/tG A $M9M Mo 18 The main question has been the availabilgity of Thent 'N"U 19 staff to participate in,W+s, and the prioritice we should 20 put on them.
So that is one topic that I think is relevant l
21 here.
ku bee n 22 Since that was discussed, there wee a specific 23 request that came in from the Iranians --
24 COMMISSIONER GILINSKY:
Let me go back b the first pa Federal Reporters, Inc.
25 topic.
At one time we discussed the question of whether the l
l l
l
1 4
1 l
IAEA reviews really were reviews, and whether one ought 2 l to be participating in just perfunctory reviews, if there 3
were no other reviews taking place, and whether we are just Og simplyprovidingafigleaf!hfety.
V' 5 COMMISSIONER KENNEDY:
Or worse.
6 COMMISSIONER GILINSKY:
Okay. And we raised the 7
question of the relation of our activity to other activities, 8
whether in fact it facilitated a broader review, or was 9
simply serving as a kind of once-over. And we raised a 10 question as to whether that might also be a consideration.
11 I don't see that on your list.
12 MR. SHEA:
Well, that was factored into the f
13 discussion of the possible fifth criterion, although I think 14 it is a little L44 diff[erent in the sense that I suppose f0 15 with that thought in mind, one might put people on notice 16 directly that the NRC does not view Ahis participation as 17 approving in any way the total safety program of the country, 18 but is just providing assistance.
19 COMMISSIONER KENNEDY:
The thrust of that eahrlier 20 discussion was simply that all aisclaimers notwithstanding, the fact is that the country concerned, which has little 22 or no capability to do an y of this sort of thing itself, o
23 in all probability, is assuming that the great United States 24 cce r dmi neponm. ne, guys having appeared on the scene and been there a week, 25 that whatever they say is a sweeping generalization applicable
5 1
to all such activity in their country and now they are 2
in great shape and all they have to do is go right ahead.
3 COMMISSIONER GILINSKY:
Certainly the people outside (b
4 of their nuclear bureaucracy would assume that all the 5
more.
6 COMMISSIONER KENNSDY:
Certainly, indeed, even 7
the nuclear bureaucracy is like to do so.
But certainly 8
beyond that even more.
9 MR. SHEA:
That is right. We have had some discussion 10 in the staff about possibly communicating with let's say the U.S. pission to the IAEA to perhaps solicit '_'. b hYb N
11
_.__a 12 on option that might involve S. making representations 13 to the IAEA about Wre concerns in this direction, and making
(
14 sure that we are not misrepresented in this regard.
15 COMMISSIONER KENNEDY:
We did once, didn't we?
16 MR. SHEA:
I don't believe so.
Not recently.
17 COMMISSIONER KENNEDY:
My recollection of those 18 discussions was that was one of the things that was going to 19 be done.
Do you think the samb thing?
20 COMMISSIONER GILINSKY:
I thought so.
21 MR. SHEA:
I didn't think it was quite that clear.
Ap#hte 22 But we can, I think, certainly M that.
Di 23 COMMISSIONER KENNEDY:
Let me suggest it wt.c an 24 Option to be explored, but it is over a year ago, so presumably Ace Federet Reporters, Inc.
25 the exploration ought to be finished at least.
I think
6 rt#PCMI 1
we did, and explained to them our concern, that these teams ace i
4 lL i
kind of fairly quickie safety reviews, and might not be
!A 3
Performing the mission which IAEA really intended for them 4
and their role and their capabilities and actually the nature 5
of their reviews and recommendations may be misunderstood 6
by the countries involved.
7 COMMISSIONER GILINSKY: I think they are, at least 8
in some cases.
I know the IAEA does not intend them as 9
safety reviews, but certainly some countries do regard 10 them as safety reviews.
11 COMMISSIONER KENNEDY:
That is exactly right.
Or, A.busA4**
( O 12 I thought though this was taken up with Epkl/hd by35Epe 13 at some point.
14 MR. GOSSICK: I am not aware of anything that went AM.
15 out in written form to them a
j 16 COMMISSIONER KENNEDY:
Could somebody go back and 17 look at the record on this? I think you will find that we 18 certainly asked that something of this sort be done, and my 19 imprescion had been that it was.
20 MR. CASE:
We are always very concerned and ask 21 to participate in those kind of reviews.
22 One way to m!..
ate that problem at least is to io that T10 00>ld M&
23 only provide specialists, "h ;-
v.m in say sense san *t draw 24 a conclusion that a specialist can make an over-all safety Ace Federal Reporters, Inc.
25 conclusion.
If you limit yourself to specialists, I feel
7 I
more comfortable.
2 COMMISSIONER KENNEDY:
Well, somewhat, but I would 3
not be too comfortable even with that, Ed, because I S
4 don't think they will draw that distinction as readily as you 5
do.
6 MR. SHEA:
We can certainly review what happened 7
on that as one of the follow-on actions here.
If thk A -
8 CHAIRMAN ROWDEN:
There is a n.-~..
should we do 9
nothing, because doing something will be misunderstood, or 10 should we make whatever contribution we can in this regard, 11 recognizfingthepotentialformisunderstandingisthere.
12 COMMISSIONER GILINSKY:
I think what we would like
.13 to do is steer this activity in the direction of encouraging 14 safety reviews abroad.
15 COMMISSIONER KENNEDY:
A more effective safety 16 review.
dCftAPf 17 CHAIRMAN ROWDEN:
I agree, but hise mechanisms 18 for doing that, day a country is going to go forward and 19 implement a nuclear power project, with whatever resources theyhad[becausewemaynotbesatisfiedwiththe 20 21 regulatory set-up, we won't contribute whatever capability 7
22 we might in that regard.
23 COMMISSIONER KENNEDY:
That is not my concern.
24 CHAIRMAN ROWDEN:
That is the concern that has Ace FederC) Reporters, Inc.
25 been 2 aised, or one of the concerns that has been raised.
9 j
COMMISSIONER KENNEDY:
That is a different My concern is that the role we play Cav/d 2
question.
--t be 3
misunderstood.
4 CHAIRMAN ROWDEN:
Oh, yes.
5 COMMISSIONER KENNEDY:
On that up until now my j
6 concern has been that our participation may well have been 7
thought by many to have been at least tacit approval on our 8
Part of their plants, when that is not what was intended at all.
9 10 COMMISSIONER GILINSKY:
Maybe what is needed is 11 there be some kind of disclaimer that goes along with the 12 participation.
13 CHAIRMAN ROWDEN:
I don't think it will solve the t
14 Problem we have identified.
It may broaden the universe 15 for understanding, but I think the potential for misunder-16 standing is going to still be there.
j7 But again, recognizing that problem, should we 18 back away from providing what otherwise might be very useful 19 advice?
20 COMMISSIONER GILINSKY:
I think, you know, we have 21 to exercise some judgment;in some cases the answer may be 22 to back away.
It depends on the situation.
23 MR. SHEA:
I note here the 7AEA does include 24 some standard language in its correspondence with countries Act Federst Reporters, Inc.
A A't?=
25 receiving assistance, E d D @ :ny that the services of the
e 9
1 consultant agency official are to be,for the exclusive 2 l benefit of +aur, yht_
ke t
government
/he agency will have to rely 4
3 hat" on information supplied by the country and the authorities 4
in the agency are not in a position to vouch for the correct-5 ness of the mission's conclusion.
6 o
So there is bket scrt of a disclaimer in a sense.
7 COMMISSIONER KENNEDY:
On the part of the agency.
8 s
That even makes that U.S.
guy stand out brighter and higher, 9
not less.
10 MR. SHEA:
Right. Fi"e That is something we 11 will do more on, and get back to you.
12 COMMISSIONER KENNEDY:
Would you get back to us quickly, please?
14 MR. SHEA:
Yes.
15 b8 One other point I mentioned here that was noted in the assessment paper which you just received is the thought 17 that occurred to us as we went through this, that there didn't 18 appear to be anything inherently multilateral, if you will, 19 about the criteria we developed in the assessment of 20 safety reviews, that perhaps the same criteria could be 21 used in looking at requests for bilateral assistance.
22 These seemed to be rather independent of whether 23 they were multilateral or bilateral; they might be general 24 pcc.r.o.c neponm, inc.
criteria.
25 We go on then to note that there are various ways
10 I
l one might assist people, ranging from a low level Sema'u e
i participation, maybe 91, ilateral meetings, on up through 3
safety missions, review of reports, and finally, a complete 4
consulting or contract arrangement with the foreign agency S
to do extensive assistance.
6 The more you do, of course, the more person power 7
is required to implement that.
And generally the staff 8
preference has been to work with the approaches that do 9
not involve extensive assistance, just a few weeks here and 10 qtbEt 46 there, because of was demands on personnel.
g 11 CHAIRMAN RONDEN:
In any event, we carry out our own independent policy in this regard.
Ther&'are resources
/
in other agencies in the Government that the countries might 14 want to draw from.
15 MR. GOSSICK:
I think it is worth mentioning, 16 rr^'ll two week courses during the summer months or the 17 fall, where we have had people from bhe various countries in here to go through a rather intensive training course 19 in the regulatory business,and now ERDA has a course at 20 Argonne where they have picked that up, and it is 2I actually IAEA-sponsored, isn't it?
2 MR. SHEA:
Yes.
23 MR. GOSSICK:
So there is a lot of U.S.
support 4
W in the regulatory N for those countries.
Aa FMersi ters,1N.
CHAIRMAN ROWDEN:
What it isn't is project-specific.
11 1
MR. GOSSICK:
That is right, it is general. It is 2
aimed at developing a capability within the country to 3
do their own thing.
E 4
MR. SHEA:
The approach of providing direct 5
consulting assistance in a fairly extensive way has been put 6
into focus by a specific request from the Iranian government 7
which is be+ng discussed in a paper we sent down a little 8
while back, where they had asked for provision of staff
~
9 experts from NRC perhaps one or two to participate in a g
g 10 multi-national team that would be located in Iran, and that
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11 would advise on the safety of Iranian installations.
12 They are now installing German reactors, or ccr.ticcting h
13 e ch reactors and.the United States is negotiating 14 an agreement for cooperation with the Iranians.
15 COMMISSIONER GILINSKY:
I thought Iran had an 16 agreement with Britian to supply safety reviews?
17 MR. SHEA:
T ey have'--
18 COMMISSIONER KENNEDY:
And also one with France, 19 I think.
20 MR. SHEA:
They do have an agreement, they do have 21 some staff help there in Iran already, French and British 22 people, I think maybe some Germans as well.
They would u
23 like the NRC staff people to join that team, and to do that veTT%
A$ hon,andadviseonthereactorinstallationsnowgoingin.
24 A
ace r.derei neponm, Inc.
25 So you would have an NRC person under this scenario
12 1
advising on the safety features of French and German l
2 reactors.
3 COMMISSIONER GILINSKY:
Stationed in Iran?
E 4
MR. SHEA:
Stationed in Iran, joining this team 5
and providing the assistance.
6 COMMISSIONER GILINSKY: For how long?
7 MR. SHEA:
They suggest perhaps a year or two.
8 If they found that satisfactory, I suspect they would like to 9
renew it.
10 COMMISSIONER KENNEDY:
This is a bilateral arrange-11 ment, not through IAEA?
12 MR. SHEA:
Yes, bilateral arrangement directly with 13 us.
14 In talking with them about this, they have said k,$
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- - r, the IAEA W is a rather slow _.S _c.cf"#
4
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think they realize they were to indicate tM-; "cm willinghsed 44 0ttIsT M A
19 to pay for mt, and to work with the agency the U.S.
g R.}{s.t65A, 20 ssion this could be expedited.
4 21 M
last discussion I had with them indicated 22 they were considering pursuing that route to see what could 23 be done there, assuming that bilateral assistance was 24 unlikely.
But they would prefer the direct bilateral Ace-Federal Reporters, Inc.
25 link and having an NRC person, and other experts or advice
13 1
in other connections.
They kept coming back to the desirability 2
of an NRC staff person to help with that.
T ey have a high 3
regard for our expertise.
4 I suspect also there L.
erhaps mewhat of a h
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feeling that ttm NRC blessing sa what they are doing m helpful 6
+- M from an appearance point of view as well.
844M 7
COMMISSIONER KENNEDY:
Dr. Eir r '?) is a graduate 8
of one of those courses you talked about, which may have 9
some bearing on it.
10 MR. SHEA:
That is right.
11 Well, doing this would be a significant departure 12 from what NRC has done in the past.
And it raises some 13 questions about not only the additional manpower requirements, 14 but also the legal question of whether we have authority to do 15 this, or how clear our authority is.
16 There has been ome discussion of that in the 17 staff. I believe Peter raised a question about it and the 18 Stoller request --
19 COMMISSIONER KENNEDY:
The Stoller matter is a 20 different thing than the Iranian matter, I would think, even 21 from a legal standpoint.
They are different questions.
22 MR. STRAUSS: One is a national question, one is 23 a foreign question, yes.
& W CMtS 24 MR. SHEA: I think Peter was asking if there might g
Oce Federd Re ters, Inc.
g 25 be a way to work t+i-s out within our existing authority, end-
14 IJa O m prithin the staff talkkith ELD on this, and there are 4
I questions t; L
- :~ln:S which haven't been fully looked 1
a into at this point, but it is possible there may be a way to do this,st.h m www We need to look into that further.
4 CHAIRMAN ROWDEN:
Are you suggesting we look at 5
it from a policy standpoint, if we have the legal authority?
6 There are a number of other questions, legal and other 7
estions.
8 From a legal standpoint it would be very important to protect ourselves from any claims made that actions taken 9
10 y
ne f
ur personnel gave rise to some injury, indemnity, hold-harmless, or some suk mechanism which is traditional 11 in this area.
g MR. SHEA:
Yes.
13 g
CHAIRMAN ROWDEN:
These are the sort of issues 15 We Propose to explore in this part of the study?
MR. SHEA:
That is right.
g CHAIRMAN ROWDEN:
I move quickly to the study, p
18 because I want to get this wrapped up.
39 MR. SHEA:
Right.
The study I think you are r
referring to the Export Study Group's analysis, th;.;1-Mien 20 Odr /3 d$dh Md senalyrls To OAd6M.Mk 0
cf Lhl:
.c 21 that I have been thinking about the last day or diss8"89 4
tom /
two, M e focus you will recall of the study group g
j efforts that you directed on May 10 was to examine the 23 tr{ hut.lc44.
l 24 health and safety aspects en exports.
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the group has g
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25 generally een w w L charter in that light, although as you
15 1
perhaps noticed from the outline of their effort, they 2
start out by looking at the Iranian and Stoller requests 3
and so on.
4 However, I understand they have been generally 5
thinking of looking at that as more background material 6
and quickly moving on to the question of exports, '
7 is a question of our responsibility or our policy desires 8l on materials and equipment that we ship abroad, in response to 9
export license reques 10 ereas the issues addressed here rather more answers he specific, w w
requests that have come in.
11 12 So there is a difference there in the way that 13 the issue comes up.
14 They could be addressed together in the export 15 study, but I guess I would be inclined to treat them 16 separately.
I think perhaps we could move more quickly on 17 these.
je\\
p 18 gyop We may receive requests especially after the 4
$O gh Spc11'l~ fo41 Go Nu)t. A hwc.M h 19 seminar which you have now approved.
F 4
[ 20 CHAIRMAN ROWDEN:
Individual circumstances
[
21 dictate that course of action.
But I don't think these 22 are unrelated to the issue that we actually should consider 23 in the export study, because each of these cases indicates 24 different ways in which we can provide assistance.
deFederal Reporters, Inc.
25 The export issue was whether we should assume the 1
i
16 1
responsibility for assuring some sort of safety review I
I
- I before we approve the export say of a facility.
The i
3 answer to that might be no, it is not desirable from a policy rbI:
4 standpoint, but one of the important ingredients of our 5
over-all posture we have in mind is there are other mechanisms 6
we can utilize, not in the form of a veto of an export 7
license, but in the form of providing assistance to a 8
country to upgrade its programs.
9 COMMISSIONER GILINSKY:
Is there any reason for 10 these things to await that?
b 11 CHAIRMAN ROWDEN:
Not necessarily.
f e Iranian CM.54-12 1 mee, of course they are not dealing with an American reactor, that is the one most directly related to the issue of
,, ' 13 14 the export study.
15 The one on spent fuel, you know, the seminar, that is something that ought to be dealgd with on its merits.
16 17 COMMISSIONER KENNEDY:
I thought we already did.
18 CHAIRMAN ROWDEN:
There were a couple of questions 19 raised with respect to the financing.
But I think we have 20 all agreed to that in principle. It is just a question of 21 mechanics of moving forward on that.
22 The Stoller one, maybe that is something else.
23 But I still think this issue of how we go about aiding et.her 24 countries is related to export licensing.
Ace Federal Reporters Inc.
25 MR. SHEA:
Yes, I think it is, right. I think we
~
17 I
can address it in that study, while also perhaps working gen-it in parallel wssh some of the specific issues. Pretty 3
much the same people are involved.
5 4
CHAIRMAN ROWDEN:
What do we have?
Theseminar,whirh w
S I think we all approved in principle, it i; just a question 6
of financing.
I had some problems with regard to the 7
financing.
8 COMMISSIONER KENNEDY:
Approved it with the under-9 standing that whatever financing was provided was not going 10 to be provided by us.
II CHAIRMAN ROWDEN:
Well, I have no difficulty in 12 providing a room and expert staff, but in terms of paying 13 the transportation of people from overseas, I don't see why 14 we should provide that.
15 COMMISSIONER KENNEDY:
That is right, exactly.
16 COMMISSIONER GILINSKY:
Have we heard from the 17 Executive Branch on any of these matters?
18 MR. SHEA:
Not --
19 COMMISSIONER GILINSKY:
Have we consulted with 20 them?
21
.MR. SHEA:
I don't believe so.
Ron, have you had 22 any input from the Executive Branch on this?
EF 23 MR. HAUBER:
I know it has been discussed in general 24 terms.
Joe did the discussing,' I wasn't here.
I wasn't in oce. Federal R t s,Inc.
25 town at the time.
Now he is out of town. One of the problems
I 18 1
we have had here is transition of people.
2 COMMISSIONER GILINSKY:
I would think one of the 3
principal incentives, at least for one of these matters, G.
4 would be precisely some interest on the part of the Executive 5
Branch.
And whether or not we do it, how much we do it 6
and so on, I think would be importantly affected by that.
7 MR. SHEA:
Yes.
That is correct. We will, of 8
course, be coordinating with them certainly on the seminar.
9 We could seek their views on these other issues.
10 COMMISSIONER GILINSKY:
Well, the seminar, spent 11 fuel storage in general, and do we want to conduct individual 12 reviews for countries, and how accommodating do we want to 13 be?
i 14 I would think they would have some views on that.
15 MR. SHEA:
The export study group plans to consult 16 with them.
17 COMMISSIONER KENNEDY:
In the last analysis, 18 however accommodating we might wish to be, we can never 19 forget, and the Executive Branch does not have to worry 20 about this problem for us, we can never forget that it is 21 our resources we are talking about.
And at some point we 22 have to make a decision as to what kind of trade-off we want 23 to make here.
24 COMMISSIONER GILINSKY:
That is right. But you have Aes Federal Reporters, Inc.
25 to assign priorities and one of the ingredients in that
l 19 is what the Executive Branch thinks is impor+ ant here.
cp 1 I
2 l
CHAIRMAN ROWDEN:
Well, to put it in another 3
context, that covers both of them. There are other resources
' ps 4
in the U.S. Government.
5 COMMISSIONER KENNEDY:
That is one consideration in 6
the priority setting business, but I would certainly not 7
consider it a governing one.
8 CHAIRMAN ROWDEN:
Are there other resources available?
9 We are not the only agency in town that has nuclear expertise.
10 ERDA can supply personnel and technical competence from 11 the laboratory structure.
This is a U.S. Government problem, 12 not just an NRC problem.
13 COMMISSIONER GILINSKY:
All the more reason to i
ja consult with them.
15 CHAIRMAN ROWDEN:
I agree. I am surprised it hasn't 16 been done.
As a matter of fact when I raised the question 17 about what should our posture be re health and safety 18 in exports, I said you have to sit down and discuss it with 19 the Executive Branch.
20 MR. SHEA:
The export study $edinb e outline 21 that t propose)to hold discussions with the Executive 22 Branch on this full range of issues, which could include this 23 as well.
24 COMMISSIONER KENNEDY:
I am getting a little Oce Federal Reporters, Inc.
25 concerned about the export study group's continuing expansion
20
)
of its activities and never termination.
2 CHAIRMAN ROWDEN:
Well, we are breaking off pieces.
3 We had one piece of that pie on our agenda, the licensing 4
procedures.
5 And one of the difficulties, let's face it, with 6
regard to the export study is the pendency of the legislation 7
up on the Hill.
And lack of disposition to come to grips with say the criteria until that matter is cleared.
8 9
But I agree, this thing can be just unencling and 10 open-ended.
In one respect we have simply had to break off 11 a piece on the export procedures.
12 COMMISSIONER GILINSKY:
Where are we left on the 13 matter now?
(
ja CHAIRMAN ROWDEN:
We L a going to get a summing 15 up in about two minutes. As far as the seminar is concerned, 16 I think we ought to move forward on that. I don't know what 17 the next steps are, fou ought to explore the matter of 18 financing.
That also ought to be taken up with the Executive 19 Branch.
20 What about the Stoller request?
Y
+W Os>Ph/
/ hat was a request by Stoller,for NRC 21 Mit. SHEA:
p 22 review of techniques for expanding spent fuel storage 23 which they then hoped to sell to the Spanish government to j
24 expand their spent fuel storage capacity.
And we presented Ace-Federal Reporters, Inc.
25 some options for how to do that.
They wanted a full review,
21 1
which is quite costly.
I 2
l COMMISSIONER KENNEDY:
Doesn't the seminar indeed i
3 move on that problem in a way which avoids what I am deeply E
4 concerned about, our direct involvement with a particular 5
contractor?
6 The seminar will provide the basis for other PeoP e to think about this problem, and then if they want l
7 8
specific technical advice about the question of spent fuel 9
storage, theycan get it, and then make their own judgments 10 vis.a-vis Stoller or anybody else who may be in the 11 business.
12 But I am concerned that we get in the business 13 of reviewing Stoller's proposal to make it possible for 14 Stoller to sell the proposition to the Spanish.
That is 15 not our business.
16 CHAIRMAN ROWDEN: I am concerned about that, and 17 also I think it would be desirable--and here again it is 18 an area in which the Executive Branch has a pretty direct 19 interest-- to have them consider this. Maybe this is a guid k
20 Pro quo they would like United States to be able to A
21 contribute in terms of getting cooperation from other 22 countries.
I don't know.
23 COMMISSIONER GILINSKY:
I think also when we go 24 into the seminar we ought to be prepared to answer whether
' Ace Federal Reporters, Inc.
25 we are prepared to engage in other activities, say requests
22 from other countries.
2 MR. SHEA:
That is right. I think once the seminar 3
is held we can expect re-h;ps' an increase in the requests.
(5 =4 4
CHAIRMAN ROWDEN: I have to leave now, but you 5
can continue the staff briefing.
6 MR. SHEA: I think we are pretty close to the end.
7 MR. GILINSKY:
Can we put off Burgeraktion until 8
Friday?
9 CHAIRMAN ROWDEN: I think we might as well consider 10 that ow.
11 COMMISSIONSR GILINSKY: We are going to have the 12 whole --
13 CHAIRMAN ROWDEN: I suggest it is a very complex t
14 Problem, it will take guidance on our part.
15 COMMISSIONER GILINSKY:
We have had one day to 16 look at that other paper.
17 CHAIRMAN ROWDEN:
Legal analysis is drawn from 18 that paper.
19 COMMISSIONER GILINSKY: Right.But we have had one 20 day to look at that paper.
21 CHAIRMAN ROWDEN: I will put it to my colleagues.
22 Do you want to defer it? I would like to have it scheduled 23 for this afternoon, recognizing we will have to have further 24 sessions on it.
Oce-Federal Reporters, Inc.
25 COMMISSIONER KENNEDY:
It is scheduled already.
23
[
I would like to go ahead and listen to what is being 2
said. I am sympathetic to your concern about receiving the 3
Paper yesterday.
Counsel is already aware of my concern 4
in this regard, as he always is when he doesn't give it 5
to me 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> in advance.
6 COMMISSIONER GILINSKY: You are not going to yels.
7 impose your usual we4.e here?
8 COMMISSIONER KENNEDY:
Indeed I am. I did quote my 9
usual rule. I said earlier at one point I didn't intend to 10 attend the meeting unless I saw the paper.
I got the paper.
11 CHAIRMAN RGiCEN: When was the Burgeraktion 12 Paper distributed?
13 MR. SHEA:
Last week.
14 CHAIRMAN ROWDEN:
It is a complete, replete 15 analysis.
16 MR. STRAUSS:
The NEPA paper you got Monday.
17 COMMISSIONER KENNEDY:
That is the one I am 18 talking about.
i 19 COMMISSIONER GILINSKY:
We got it Monday night.
20 So effectively we got it Tuesday morning, and we have had 21 one day,'
22 CHAIRMAN ROWDEN: Gentlemen, if you want to defer, 23 I am prepared to abide by your decision.
I think it is j
24 a mistake.
Oce Federal Reporters, Inc.
25 COMMISSIONER KENNEDY:
I say I will go ahead and
P 24 i
listen to whatever counsel would like to say on the subject 2
this afternoon, but certainly would not undertake. any 3
desire at this juncture to make any decisions in this regard, k[
or even at this point be prepared to offer much in the way 4
5 of advice or comment.
6 COMMISSIONER KENNEDY:
No, because I am not prepared 7
to do that. I would like to listen to it.
8 CHAIRMAN ROWDEN: I am prepared to listen to it.
9 The others will have to make up their own mind in terms of 10 when they will be prepared to decide it.
11 COMMISSIONER KENNEDY: I would like to get the 12 matter decided on Friday.
13 CHAIRMAN ROWDEN: I think we ought to remember 14 that this is a matter that has been pending before us for 15 sometime. It is not a new issue.
4D 16 MR. STRAUSS:
If you want right now, I think you 4
17 can schedule a continuation session for Friday.
18 CHAIRMAN ROWDEN: All right. Why don't you continue 19 with this?
20 COMMISSIONER KENNEDY: Dose need to continue here?
21 W ere are we. going?
22 MR. SHEA:
I think the staff has pretty well finished 23 its presentation.
We will be examining the legal issues 24 more completely, moving in parallel with the study group, Ace Federal Reporters, Inc.
25 consulting with the Executive Branch, and looking into the
a-r 25 I
other matters, checking out the background on the matter 2
of consulting with AEA.
3 COMMISSIONER GILINSKY:
You are folding it into 4
4L.-
the study group, or you will handle it sepperately?
5 MR. SHEA:
I think it will come up both places.
g13[,,3jfewillcoordinatewiththestudygroup.
6 7
COMMISSIONER GILINSKY: I don't like these things 8
to be held up to await the results of the study group report.
9 MR. SHEA:
They have prepared a longer term 10 schedule than perhaps you have seen, an August paper.
So that is somewhat longer than originally envisioned.
I2 CHAIRMAN ROWDEN:
You won't hold up the matter 13 of the spent fuel seminar.
Have a discussion with the s
I4 Executive Branch with respect to the Stoller request, and 15 different ways of implementing what may be a desirable 16 concept.
I guess I would have difficulty with the Iranian I7 matter outside of the Executive Branch consideration.
18 (Thereupon, at 12:10 p.m. the above entitled I9 discussion was concluded.)
20 21 22 23 24 Ace Federal Reporters, Inc.
25 museum a
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,9 q'q UNITED STATES
~'
E NUCLEAR REGULATORY COMMISSION n
d E
WASHIN GTON, D.C. 20555 4[*****,o August 15, 1980 OFFICE OF THE SECRETARY COMMISSION DETERMINATION REGARDING PUBLIC DISCLOSURE UNDER THE GOVERNMENT IN THE SUNSHINE ACT OF:
Transcript of Discussion of NRC Safety Reviews of Foreign Facilities, June 8, 1977 Pursuant to the Commission's regulations implementing the Government in the Sunshine Act (10 CFR 9.108(d)), it has been determined, after a further review of this transcript, that the entire text can be released to the public.
j' amuel Chilk Secr'tary of he Commission l
-.. - - -. -. - -,.