ML19341A599

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Unofficial Transcript of 790522 Public Meeting in Washington,Dc Re Protective Order for All TMI Records. Pp 1-8
ML19341A599
Person / Time
Site: Crane Constellation icon.png
Issue date: 05/22/1979
From:
NRC COMMISSION (OCM)
To:
References
REF-10CFR9.7 NUDOCS 8101270250
Download: ML19341A599 (9)


Text

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$N TO SECRETARIAT RECORDS NUCLE,$ R REGUL4 TORY COMMIS$10N r

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IN THE MATTER OF:

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fp MM PUBLIC MEETING

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DISCUS 5IONOFPROTECTIVEORDERFORALLTHREEMILEISLAND RECORDS k.

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Place - Washington, D. C.

e Date. Tuesday, 22 May 1979 Poses 1-8 i

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l Telephone:

(202)347-3700 ACE - FEDERAL REPORTERS,INC.*

Off.cialReponers

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44 North Capitol Street Washington, D.C. 20001 g g g'7 0 2 5 0 NATIONWIDE COVHAGE DAILY

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DISCLADfER This is an unofficial transcript of a meeting of the United Stataq Nuclear Regulatory Commission held on '22 May 1979 in thq Commissions's offices at 1717 H Street, N. W., Washington, D. C.

The meeting was 'open to public attendance and observation.

This transcrip has not been reviewed, corrected, or edited, and it may contain inaccuracies.

The transcript is intended solely for general informational purposes.

As provided by 10 CFR 9.103, it is not part of the formal or infermal record of decision of the matters discussed.

Expressions-l of opinion in this transcript do not necessarily reflect final determinations or beliefs.

No pleading or other paper may be filed with the Commission in any proceeding as the result of or addressed to any statement or argument contained herein, except as the Commission may authorize.

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2 1

CR4986 MELTIE(l/ mal UNITED STATES OF AMERICA 2

' NUCLEAR REGULATORY COMMISSION 3

4 5

PUBLIC MEETING 6

- 7 8

.3 DISCUSSION OF PROTECTIVE ORDER FOR ALL THREE MILE ISLAND 9

RECORDS i

10 l

11 Room 1130 1717 H Street,N.W.

l 12 Washinhton, D.C.

13 Tuesday, 22 May 1979 14 15 Hearing in the above-entitled matter was 16 convened, -pursuant to notice, at 9:45 a.m.,

VICTOR l7 c.g GILINSKY, Commissioner, presiding;.

18 PRESENT:

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. a.q,.. c a.V I C T O R G I L I N S K Y, Commissioner

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3..cRICHARD KENNEDY, Commissioner 21 PETER BRADFORD, Commissioner 22 JOHN AREARNE, Commissioner 23 Messrs.--Bickwit and Ostrach.

24 Coral Reporters. lac-25

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COMMISSIONER GILINSKY:

Our first order of 3

business is going to be dealing with a proposed order 4

concerning the protection of records dealing with the Three 5

Mile Island accident.

6 Various versions of the order have been distributed 7

over the last couple of days, and Commissioners have had a 8

chance to look at it and modify it.

9 I understand, Peter, that you had some --

10 COMMISSIONER BRADFORD:

I just wanted to ask about Il two areas, what you had in mind.

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12 Mith regard to the language relevant to the y:3 13 determinationof the causes of the accident,.or to understanding, g 14 all events incident thereto.

15 Isn't it enough just to talk abou.t relevance to 9,,,

a 16 the accident?

Why invite anyone to make a judgment about 17 whether a particular document is relevant to determining the 18 causes?

19 I4R. BICKUIT:

Well, I think understanding'of all 20 events incident thereto does include those matters which might 21 not be relevant to the causes.

22 COMMISSIONER BRADFORD: Suppose you just said 23 relating to the causes -- excuse me, relating to the accident?

24 MR. BICKWIT:

I would.have nn problem with that.

hl Reporters, Inc.

25 COMMISSIONER GILINSKY:

Where are you, Peter?

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COMMISSIONER BRADFORD: Fourth line, second paragraph.

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I didn't want to find out later that somebody went 3

through that word by word and said, "Well, on the basis of understanding and determining, I did'n't think these papers 5

were relevant."

6 In effect,the order is to save effort and let us 7

make the judgment on whether it is r'elevant or pot.

8 MR. BICKWIT:

The way it is drafted it is meant to 9

go.beyond the causes, so that'would'be consistent with the 10 way it is read.

CO}D1ISSIONER KENNEDY: Fine.

COMMISSIONER AHEARNE:

Fine.

13 Cote 1ISSIONER GILINSKY:

How would.you change that?

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.b I4 dOMMISSIONER AHEARNE: Just strike " determination of 15 causes."

I0 MR. BICKWIT:

"related to the accident."

I7 COMMISSIONER GILINSKY:

That may be related to the II accident.

COMMISSIONER BRADFORD: To the accident at Three Mile Island.

I COMMISSIONER GILINSKY:

But you have to put in 22 "related."

23 COMMISSIONER KENNEDY:

Yes.

COMMISSI NER BRADFORD: Then I would leave the l

' Ace-U Reporters, Inc.

25 rest.

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MR. OSTRACH:

Commissioner, instead of the word j

2 Trelevant," you would use the word "related," and delete the words r.v determination of the causes"?

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COMMISSIONER BRADFORD: Tnat's right.

COMMISSIONER GILINSKY:

You woule. nave to put in 5

6 "relatec to."

MR. OSTRACH:

Related to.

7 COMMISSIONE11 GILINSKY:

And str1Xe " relevant to' 8

tne determination of the causes of."

9 COMMISSIONER BRADFORD: Tnat*s rignt.

10 MR. BICKWIT:

And you woulc strike "or to the jj s.

12 understanding of all events"?

2, CO:01ISS10NER BRADFORD:

I guess I would leave tnat 13 in.

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jg Further cown, I would insert "conmuitants and 15 agents" along with " employees" in the two places it appears.

16 COMMISSIONER KENNEDY:

Fine.

j7 COMMISSIONER BRADFORD:

Last line, four lines up 18 from the bottom.

19 COMMISSIONER GILINSKY:

I think I would agree 20 to that one.

21 COMMISSIONER BRADFORD: And in the last paragraph, 22 what situations. do you have in mind in which the Acting 23 i*

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Director, or for tliat matter the Director, might authorize 24 W Reporters. Im-exemptions?

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1 That would be following a determination that these were just not a cl' ass of materials that were 2

3 needed?

4 MR. BICKWIT:

Right.

5 COMMISSIONER BRADFORD:

I gu'ess.I would vm 4

. limit that to the Director, not out of any lack of 7

confidence in-the-Acting Director.

But.those kinds of decisions really ought

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9 to be made by the : structure that we have in. place.

10 COMMISSIONER AHEARNE:

You would. limit that 11 only in the first sentence, wouldn't you?

12 COMMISSIONERhBRADFORD:

Of course.

13 COMMISSIONER GILINSKY:

Yes.

3 14 Does that seem reasonable 7 15 COMMISSIONER ~ KENNEDY:

I would take it out 16 in the last sentence,and assume that whoever is doing p-17 this will be-the Director.

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..It-just looksrpeculiar in the last sentaqce

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(,. ; 1.9 if:itt ia not in.- the 41rst.

But it doesn't matter.

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20 3. don't care one way or the other.

21 COMMISSIONER BRADFORD:

I would leave it in 22 there so there wouldn't be any doubt.

23 COMMISSIONER KENNEDY:

Okay.

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24 I don't care.-

Ace +ederal Reporters, Inc.

'23 COMMISSIONER GILINSKY:

Okay.

4 7

7 sun 5 P. - 1 Very well, with those changes, is the 2

Commission --

3 COMMISSIONER BRADFORD:

Yes.

'4 COMMISSIONER'AHEARNE:

Yes.

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'5 COMMISSIONER' KENNEDY:

Yes.

y t.;s ; M +.- 26 COMMISSIONER GILINSKY:

I should say the re ~ 9 " ?J

- Chairmin"l'ndlested he -has : supported the order, although 2

. 8

<he<has not seen the'. slight revisions that have been 9

Sade since yesterday.

10 Very well.

i 11 COMMISSIONER AHEARNE:

May I ask a'related 12 question to this?

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COMMISSIONER GILINSKY:

Yes.

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COMMISSIONER AHEARNE:

I wonder if it would-T5' be possible for the: General Counsel to take a -' W "I 16 try at drafting an additional order just to see how it 17 would b'erwritten.

set e: u a"we.518 ud.e-vm.

Icamaconcerned about also records that go actieu r

19 beyond3thist.particular time period; par.ticularly that them 20 occur before that.

21 For example,those issues relating to events 22 in similar: plants at. earlier times, which may very well 1

23 he related.< to-understanding the accident.

c24 COMMISSIONER'JKENNEDYs In submitting that, 25 could youcalso just forcraference purposes, indicate what 1

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  • me --

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.of the things that would be cove =ed by that order, are 2

already covered by regulation.

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COMMISSIONER GILINSKY:

I was about to ask 4

f or '- tha t.

  • 5 COMMISSIONER KENNEDY:

Let me note if I may, 6

Opersonal-view as totthis order.

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-cs.' -- In -is suing. 4t, I,

for one, am not in any r, e u.* r. n c'8

way implying,.any. sense oftdistrust or any view that ther s
- 9 will be any: action.taken inconsistent with this order 10 were it not issued.

11

- COMMISSIONER GILINSKY:

Fine.

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12 That pretty well closess.this, item, 13' Thank you.

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- (whereupon, at: 9 :50 ~ q5 a m., the hearing.in:c 1

15 the,above-entitled matter ~was adjourned.4 3.

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