ML19350B888
| ML19350B888 | |
| Person / Time | |
|---|---|
| Issue date: | 03/16/1981 |
| From: | Chilk S NRC COMMISSION (OCM), NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| REF-10CFR9.7 NUDOCS 8103231037 | |
| Download: ML19350B888 (10) | |
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8 NUCLEAR REGULATORY COMMISSION n
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March 16, 1981 OFFICE OF THE SECRETARY COMMISSION DETERMINATION REGARDING PUBLIC DISCLOSURE UNDER THE GOVERNMENT IN THE SUNSHINE ACT OF:
Discussion of Response to Congressional Correspondence Thursday, Febuary 5, 1981 Pursuant to 10 CFR 9.108 (c), the Commission, on the advice of the General Counsel, has determined that the attached transcript should be released to the public in its entirety.
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8103231037
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I In the Matter of:
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ALDOL %Y 3 REPORTING L
400 Vi.gisia Ave., S.W. Wm * * "g :n, D. C.
20024 Talachene: (202) 554-2345
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1 UNITED STATES OF AMERICA 2
NUCLEAR R EGULATORY COMMISSION m
3 4
5 DISCUSSION OF RESPONSE TO CONGRESSIONAL CORRESPONDENCE 6
7 8
CLOSED MEETING - EXEMPTION 9 9
10 4
Nuclear degulatory Commission 11 Room 1130 12 1717 H S t ree t, N.
W.
Washington, D. C.
13 Thursday, February 5, 1981
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14 The Commission met in closed session, pursuant to 15 notice, at 4: 05 p.m.
16 BEFCREa 17 JOHN F. AHEARNE, Chairman of the Commission 18 VICTGR GILINSKY, Commissioner JOSEPH M.
HENDRIE, Commissioner 19 PETER A.
BRADFORD, Commission 20 STAFF PRESENT:
21 L.
RICKWIT M. MOE 22 23 e *
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\\s 25 ALDERSON REPORTING COMPANY,INC, 400 VIRGIN 4A AVE., S.W., WASHINGTON, D.C. 20024 (202) 554-2346
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CHAIRMAN AHEARNE:
We are now going into a meeting m
3 to discuss two letters from Mr. Udall and proposed answers.
4 The first letter came in on ---
5 COMMISSIONER HENDRIE:
I don't know when it came in.
6 It is dated January 5th.
7 CH AIRMAN AHEARNE:
All richt.
8 COMMISSIONER HENDRIE4 Typically they arrive seven 9
days or eight days later.
to CHAIRMAN AHEARNE We have a proposed response 11 drafted by the staff to which Commissioner Pradford made a 12 couple of modifications.
13 COMMISSIONER HENDRIE:
I guess I haven't seen it 14 yet.
15 CHAIRMAN AHEARNE:
Oh, you haven't seen the 16 response or his modifications?
17 COMMISSIONER HENDRIE:
Both.
i 18 Bill, have I seen the response?
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I am not sure.
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l 20 CHAIRMAN AHEARNE It was on a yellow sheet.
Do l
l 21 you have a date?
l 22 COMMISSIONER HENDRIE4 Sam, have I seen it?
23 MR. CHILKs That letter has been distributed.
l 24 This letter was.
I have not seen the Bradford modifications.
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l ALDERSoN REPORTING COMPANY. INC.
400 VtRGINtA AVE, S.W, WASHINGTON, D.C. 20024 (202) 554 2345
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COMHISSIONER BRADFORD:
You haven't seen them.
2 COMMISSIONER GILINSKY:
I haven't seen them either.
3 (Laughter.)
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4 COMMISSIONER BRADFORD:
I assume that my 5
modifications went back into the secretariat.
6 CHAIRMAN AHEARNE:
I would quess then that this is 7
sor t of a dif ficult meeting.
8 COMMISSIONER BRADFORD Let me go get them.
I am 9
baffled.
10 (Commissioner Bradford leaves hearino room.)
11 CHAIRMAN AHEARNE:
I had sort of assumed they were 12 all distributed.
13 MS. MOE I haven't seen them.
14 CHAIRMAN AHEARNE:
You haven't either.
15 (Laughter.)
16 COMMISSIONER GILINSKY :
Are we going to adjourn?
17 CHAIRMAN AHEARNE:
Peter went to get it.
18 GCC has seen the staf f's draf t?
19 MR. BICKWITs Yes.
20 CHAIRMAN AHEARNE:
You had not seen that?
21 COMMISSIONER GILINSKYa No.
22 CHAIRMAN AHEARNEs We will let Peter come back and 23 then I want ask how do we propose to address this, 24 individual answers or what.
G 25 COMMISSIONEB HENDRIE:
John, ry response isn't due until tomorrow.
No wonder.
ALDERSON REPORTING COMPANY,INC.
400 VIRGINIA AVE., S.W., WA$HINGToN D.C. 20024 (202) 554-2345
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(Lauchter.)
2 CHAIRMAN AHEARNE:
Sam, could you ask Commissioner
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3 Bradford.
4 Maybe we can at least briefly decide on how to 5
add ress the second.
6 COMMISSIONER HENDRIEa By the way, it 1coks all 7
right.
8 CHAIRMAN AHEARNE:
This came up on January 30th.
9 My impression was, or at least I thought GCA was trying to '
10 get the response out.
11 COMMISSIONER HENDRIE.
You know, at the moment it 12 looks to se like it might be be tter to ---
13 (Commissioner Bradford returns to the hearing 14 room.)
15 COMMISSIONER BRADFORD:
I will get you copies 16 tomorrow.
17 CHAIRMAN AHEARNE:
Victor had not gotten the OCA 18 or Bill Dircks' earlier version so clearly it doesn't make 19 much sense to proceed.
l 20
'de have another letter and maybe we can just l
l 21 briefly discuss this.
This is the one where Y.r. Udall has 22 asked a statement of the Commission 's position, including 23 the views of individual Commissioners, with regard to 24 potential divulging of information, et cetera.
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r 25 I did not know whether any of us had an ALDERSoN REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON. D.C. 20024 (202) 564 2345
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opinion as to whether it should be a collegial response plus 2
individuals, or just individual statements.
I didn't feel e~
3 that this could really be sent to the staff for response.
4 COMMISSIONER BRADFORDa No, clearly net.
5 I don't have a strong feeling about collegial 6
versus individual.
I do have three outstanding questions 7
that I sent down to the staff regarding specific aspects of 8
the report.
Until I have those answered I would have some 9
difficulty answering at least the part about truthfulness of 10 statements.
11 That is, as I indicated at the meeting, I have 12 some difficulty with the conclusion that despite all the 13 conflicting statements everyone is truthful.
That is not to (j
14 say that I can pinpoint they may not be, but until I ha ve a-15 better understanding of how the staf f explained away the 16 three contradictions that I pinpointed in my memo I can 't 17 cope with that question one way or the other.
s 18 Xy own conclusion, ba sed on the e vidence as I 19 understand it, would be that you can't rule out the 20 possibility of someone 's not telling the truth, but I want 21 to let the staff convince me if they ca n.
22 CHAIRMAN AHEARNE:
Vic?
23 COMMISSIONER GILINSKYs Well, I expect to 24 formulate a response.
From the way things went in the s'
25 enforcement order I think it going to be somewhat different ALDERSON REPORTING CCasPANY,INC, 400 VIRGINIA AVE., S.W, WASHING, vre. D.C. 20024 (202) 554-2345
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than that letter.
I am comfortable with sending a separate 2
letter or attaching my own response or whatever.
3 CHAIRMAN AHEARNE:
Joe?
4 (No response.)
5 CHAIRMAN AHEARNE:
What I would propose, since the 6
General Counsel was at least at the table when we went 7
through it, is to just draft a short letter that is a basic 8
answer that essentially makes the obvious reference that the 9
enforcement action has been issued following a presentation 10 to the Commission which the Commission, I think as you 11 pointed out, Peter, in your draft here, was a three to one 12 vote.
13 COMMISSICNER GILINSKY Well, it wasn't actually a 14 vote here.
I think that reflects the views of the 15 Commission.
16 CHAIRMAN AHEARNE:
The views of the Commissioners 17 on the final version.
18 COMMISSIONER GILINSKY:
I don't think you ought to 19 talk about a vote.
20 CHAIRMAN AHEARNE:
No.
21 Then go on to say the views of the individual 22 Commissioners are attached when we all have our views put 23 together.
(3 24 I would suggest we use Len as the repository of j
i 25 sending them to.
ALDERSON REPORTING COMPANY,INC, 400 VIRGIMA AVE., S.W., WASHINGTON. D.C. 20024 (201) 554 2345
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All richt?
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COMMISSIONER BBADF0ED:
It seems reasonable.
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3 CHAIRMAN AHEARNE:
Anything else?
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(No response.)
5 (Whereupon, at 4:15 p.m.,
the closed session 6
adjourned.)
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AtoEasON REPORTWG COWANY,INC.
400 VmGwetA AVE., S.W. WASHINGTON, D.C. 20024 (202) 564-2346 1
m NUCLEAR REGULATORY CO.WISSION J
Tais is to certify that the attached proceedings before the m
n ia the matter of:
DISCUSSION OF FISPCNSE 'IO CONGRESSICrGB COuPESPONDEtCE atwTn PEETIFG Date of Proceeding:
February 5, 1981 Docket !! umber:
Place of Proceeding: Washington, D.C were held as herein appears, and that this is the original traascript thereof for the file of the Cocsissier..,
Mary C. Simons Official Reporter (Typed) 4n m_
Official Reporter (Signature)
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