ML19351F668

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Unofficial Transcript of Commission 810107 Affirmation/ Discussion Session in Washington,Dc Re SECY-A-80-180A, SECY-80-533,SECY-80-530 & SECY-A-80-179F.Pp 1-21
ML19351F668
Person / Time
Issue date: 01/07/1981
From:
NRC COMMISSION (OCM)
To:
Shared Package
ML19351F669 List:
References
REF-10CFR9.7 SECY-80-530, SECY-80-533, NUDOCS 8101290577
Download: ML19351F668 (23)


Text

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NUCLEAR REGULATORY COMMISSION

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PUBLIC MEETING AFFIRMATION / DISCUSSION SESSION ON SECY-A-80-180A, PETITION FOR A HEARING IN THE MATTER OF THE PROPOSED DECONTAMINATION OF DRESDEN NUCLEAR POWER STATION; SECY-80-533, GENERAL LICENSING OF CARRIERS OF l

IRRADIATED FUEL; l

SECY-80-530, FINAL RULE ON PROTECTION OF TRANSIENT SHIPMENTS; SECY-A-80-179F. INDIAN POINT ORDER l

DATE:

January 7, 1991 PAGES: 1 - 21 AT:

Washington, D. C.

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1 JWBrach 1/7/80 NRC 1

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 2

3 Public Meeting 4

AFFIRMATION / DISCUSSION SESSION ON 5

SECY-A-80-180A, PETITION FOR A HEARING IN THE 9

MATTER OF THE PROPO.tED DECONTAMINATION OF DRESDEN 0

NUCLEAR POWER STAliON; SECY-80-533, GENERAL LICENSING OF CARRIERS OF S

I IRRADIATED FUEL; 3

SECY-80-530, FINAL RULE ON PROTECTION OF 0

TRANSIENT SHIPMENTS; 4

SECY-A-80-179F, INDIAN POINT ORDER.

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Nuclear Regulatory Commission, II 4

Commissioners' Conference Room, 1717 H Street, Northwest, 5.

II Washington, D.C.

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13 Wednesday, 7 January 1981.

m I4 The Cnmission met, pursuant to notice, at g

15 2:37 p.m.

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I0 BEFORE:

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I7 l JOHN F. AHEARNE, Chairman x

5 18 VICTOR GILINSKY, Commissioner G"

19 i

PETER A. BRADFORD, Commissioner g

20 JOSEPH M. HENDRIE, Commissioner I

ALSO PRESENT:

22 Samuel J. Chilk, J. Hoyle, L. Bickwit, P. Crane, 23l and M. Malsch.

24 l 25,

i 9

ALDERSON REPORTING COMPANW,17C-

DISt-A m This 1r an unc Md d=1

ans*pr of a. maecis of -d e U d.:ad Scatas Nuclear Regulatory Conmission hali on 7
  1. TN in tha Consisstan's officas at 1717 E St= set, 3."#., Wash 1 g:an, Tha maes1=g aus open ca public at== dane
  • and obser(racima.

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This. ~~7e has une been raviserad, car =ac:ad, or edi:ad, and.

i n :na r em n ca i n dn m e ent me4 m e.

The ~ " sc is ** = dad solaI7 for ganara.L 1sformaed==?

purposes.

As providad by 10 CZE 9.103, ic is noe part of -de formal or infammal record of A d =de of the mat:ars discussed.

Ezyr===* -- of op4 d - in :his trans@c da sac sacassartir raflec= final decetions or b=1 * =#=.

No 7 ""dd'! or othar 1

paper :nar be filed. wi:h. the Consission. in any proceeding as cha.

resu1= of or add =assed to any stacamane or arstanent can~=da-A_

harmin, eznape as cha Consission may authoriza.

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1 PEEEEEEEEEE m

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(2:37 p.m.)

3 CHAIRMAN AHEARNE:

The Commission meets this O

4 afternoon for an affirmation / discussion vote session.

In some g

5 ways, these sessions are very much like the clock in the N

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6 Census Department which keeps on shifting.

I would hope we R

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have the same luck, though, at least that clock, in general, K

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moves forward.

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Sam?

!g 10 COtOESSIONER GILINSKY:

Are we like the clock?

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11 CHAIRMAN AHEARNE:

I'm not sure.

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12 MR. CHILK:

The first one I would like to bring up C

h13 is SECY'-A-80-180A, which is a petition for a hearing in the m

l 14 matter of the proposed decontamination of Dresden Nuclear i

2 15 Power Station.

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16 The Commission, by a vote of 3 to 1, with the w

g' 17 Chairman dissenting, has approved an order which requires the 18 Applicant, the Staff, and the Petitioners to address questions 3"

19 on whether other 1.icense amendments may be required beyond the H

20 two now being sought.

The Chairman will attach dissenting 21 views to the order.

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22 Will you please affirm your votes?

l 23 l CHAIRMAN AHPARNE:

Aye.

24 !

COMMISSIONER HENDRIE:

Aye.

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25 ;

COMMISSIONER GILINSKY:

Aye.

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ALDERSON REEORIING COMEANY. INC.

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1 COMMISSIONER BRADFORD:

Let's see--Aye -- John, does m

2 that mean views other than -- I could always be persuaded.

3 CHAIRMAN AHEARNE:

No, they're essentially -- I had m

4 provided my views earlier, and I will just probably compress e

5 those in one or two paragraphs.

In other words, I would have E

5 6,

preferred --

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COMMISSIONER BRADFORD:

Right.

I had --

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COMMISSIONER GILINSKY:

But he doesn't want the d=

9 view to prevent --

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10 (Laughter.)

E_l 11 CHAIRMAN AHEARNE:

No.

I attempted to have it 3

d 12 prevail.

I assum you read it?

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COMMISSIONER HENDRIE:

Ahal 13 2

E.: 14 (Laughter. )

2 15 MR. CHILK:

SECY-80-533, General Licensing of 5

16 Carriers of Irradiated Fuel.

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g 17 The Commission --

l 18 CHAIRMAN AHEARNE:

So you also read it?

5 19 MR. CHILK:

Beg your pardon?

8n 20 COMMISSIONER GILINSKY:

I had it read.

21 (Laughter.)

v) 22 l COMMISSIONER HENDRIE:

Keep going, Sam.

I 23

(_ Laughter. )

24 MR. CHILK:

Publication of an amendment to 10 CFR 70 25 that would issue a general license to carriers of irradiated ALDERSON REPORTING COMPANYo INC.

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1 fuel.

l 2j The Chairman recommended a change so that there 3

would be a notation that the DOE exemption was made explicit, 4

and all Commissioners have agreed to that.

Will you please e

5 affirm your vote?

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COMMISSIONER HENDRIE:

Aye, e

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CHAIRMAN AREARNE:

Aye.

X 8

8 COMMISSIONER BRADFORD:

Aye.

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COMMISSIONER GILINSKY:

Aye.

2 h

10 MR. CHILK:

The next item is SECY-80-530, the Final z,;

5 11 Rule on Protection of Transient Shipments.

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Here the Commission is being asked to approve the l

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13 publication of amendments to 10 CFR 70 an'd 73 to withdraw lii l

E 14 existing exemptions from licensing requirements for carriers s

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15 who possess formula quantities of SSNM and require them to be l

l 16 responsible agrinst theft and sabotage.

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17 The Commission has approved the order -- the rule

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5 18 as stated.

There were two modifications.

The Chairman made E

19 a modification suggesting the change on page 5 of the proposed 5

20 Federal Register Notice, to which Commissioner Bradford has i

21 approved, Commissioner Gilinsky has disapproved, and I have

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22 not yet heard from Commissioner Hendrie.

23,

CHAIRMAN AHEARNE:

Let me just explain what that is.

24 COMMISSIONER HENDRIE:

Yes, would you?

i 25,

CHAIRMAN AHEARNE:

This is just in the comment l

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ALDERSON REPORTING COMPANT7, WC.

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y section, and it is addressing why we did not take into account 2

the State Department's suggestion.

All I was saying is that 3

in the first page of the SECY paper, it gives the reasons why 3.J we didn't take into account, and I thought it might be useful 4

5 to say that in the comment section.

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il COMMISSIONER HENDRIE:

I'11 vote for that.

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MR. CHILK:

Thank you.

X 8

8 Commissioner Bradford also proposed a change, to a

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9 which Commissioner Gilinsky has concurred.

I have not heard i

O from Commissioner Hendrie.

I believe the Chairman --

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E jj CHAIRMAN AHEARNE:

Let me ask a question.

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12 MR. CHILK:

Yes.

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h 13 CHAIRMAN AHEARNE:

Peter, I have no - I would n

3 j4 agree with --

U 15 COMMISSIONER BRADFORD:

You've got me at a 5

7 16 disadvantage.

You have my changes.

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d MR. CHILK:

Here, let me --

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18 CHAIRMAN AHEARNE:

Here's an extra copy.

E 19 (Handing document to Commissioner Bradford.)

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20 CHAIRMAN AHEARNE:

I have two copies.

gy COMMISSIONER BRADFORD:

Okay.

Go ahead.

T 22 CHAIRMAN AHEARNE:

I would agree with the rule and

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23 guide mentioning that we will -

1 24 COMMISSIONER BRADFORD:

Especially if we spell i

25 !

" guide" with a "u."

l ALDERSON REPORTING COMPANY, INC.

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1 (Laughter. )

m 2

COMMISSIONER HENDRIE:

Oh.

3 CHAIRMAN AHEARNE:

Which would you prefer?

What I m

4 would want is that -- to require receipt of the required 5

information at least seven days prior.

We require a certain 3

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6 kind of information.

The term " physical security plan" has, at I

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least I think, a broader context.

In some cases, these are Xl 8

one-time shipments that are being proposed, and in which case d

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what we are requiring is that they tell us how they intend to i

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~ protect it.

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11 COMMISSIONER BRADFORD:

Yes.

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12 COMMISSIONER GILINSKY:

I think these " plans" are s

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13 very brief.

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14 CHAIRMAN AHEARNE:

Well, what I've been -

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2 15 COMMISSI.ONER GILINSKY:

My impression is that they g

16 are nothing more than two pages.

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17 CHAIRMAN AREARNE:

When I went back and asked the 5

!ii 18 Staff about that, the comment I got b'ack from Staff was that

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" physical security plan" is a broader term than what they are n

20 requiring; that for these one-time shipments, they would 21 require a certain kind of information, and it is that level C

22 ef information --

23 COMMISSIONER GILINSKY:

But isn't it the physical 24 l security plan for that or.e-time shipment, which I believe is i

25,

a very brief document.

l ALDERSON REPORTING COMPANY. INC.

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1 GAIRMAN AHEARNE:

The right term, I am told, if m

2 we want to require the information we're requiring, is to use 3

the information we're requiring.

But if we use the term 4

" physical security plan," that now broadens what we are e

5 requiring.

5 8

6 COMMISSIONER GILINSKY:

Let me ask this:

Is there e

5 2

7 a physical security plan for that one -

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GAIRMAN AHEARNE:

What do you mean by a " physical d

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security plan"?

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10 (Laughter.)

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El 11 COMMISSIONER GILINSKY:

Well, we're referring to it 3

y 12 in this proposed change, and --

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13 GAIRMAN AHEARNE:

When the proposed change -

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14 COMMISSIONER GILINSKY:

- and I believe there is n

2 15 a brief document which covers precisely the information we E

g 16 want.

as I

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17 GAIRMAN AHEARNE:

We are requiring a certain --

j lii 18 we are requiring - and the right way to do this, I have no 5"

19 problem with " requiring receipt of the information we are R

20 requiring."

21 COMMISSIONER HENDRIE:

Seven days before entry.

i 22 CHAIRMAN AHEARNE:

Correct.

23 l COMMISSIONER GILINSKY:

Isn' t that just another way 24 of saying we want the physical security plan?

25l CHAIRMAN AREARNE:

Well, what I am told -- and I just i

ALDERSON REPORTING CO_MPANY, INC. _ _ _ __ _ __ _ _

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1 got this about an hour ago, so I've only had a chance to m

2 quickly check -- and what I am told is:

No, that isn't.

The 3

term " physical security plan" is broader than that.

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4 COMMISSIONER GILINSKY:

In this context?

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CHAIRMAN AHEARNE:

In this context.

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COMMISSIONER BRADFORD:

I hadn't been aware of that, i R

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either.

Do we lose a great deal if we pull this for a day?

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CHAIRMAN AHEARNE:

I c'.oubt it.

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COMMISSIONER BRADFORD:

Why don't we do that?

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h 10 COMMISSIONER GILINfKY:

Yes.

Why don't we at least

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l 11 get this straight.

c 12 CHAIRMAN AHEARNE:

So I would agree with whatever j

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f-13 is the right way of characterizing what we are requiring -

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14 COMMISSIONER BRADFORD:

- for the shipment.

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15 CHAIRMAN AHEARNE:

For the shipment.

But that the --

g 16 And I'm willing, in fact, to go ahead and approve it with the e

g 17 blank term to be filled in that is appropriately describing what ax E

18 we are requiring in the rule.

5 19 COMMISSIONER BRADFORD:

Okay.

Well, that suits me, I

l 20 too.

21 COMMISSIONER BRADFORD:

That suits you?. Victor?

(j 22 COMMISSIONER GILINSKY:

I.'m sorry?

My mind wandered 23 for a' moment.

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24j CHAIRMAN AHEARNE:

I'm willing to approve, and 25 i Peter said he's willing to approve, the change that he's i

1 ALDERSON REPORTING COMPANY. INC.

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1 proposed with the words, or the phrase put in that tracks with 2

what we are requiring in the rule.

3 So it would say:

The final rule in Draft Regulatory 3

4 Guide should require receipt of ' phrase] at least seven days e

5 prior to the plan.

5 COMMISSIONER GILINSKY:

But isn't that already in 8

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the rule?

I thought Peter's change was precisely that he was K

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requiring the plan as opposed to a - some condensation of it?

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CHAIRMAN ASEARNE:

No, what he is - His change is i

h 10 to require that - the way the rule was written is that we z

g ii require the information.

There was no specifics about when d

12 we would require it.

3

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COMMISSIONER GILINSKY:

It didn't have the seven 13 E

E 14 days in it?

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15 CHAIRMAN AHEARNE:

No.

16 COMMISSIONER GILINSKY:

Well, yes.

I think we k*

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17 l ought to have the information that we need to evaluate the 5

5 18 physical security of the shipment, however we say that --

E 19 l CHAIRMAN AHEARNE:

Whatever the right term is.

I 20 COMMISSIONER GILIUSKY:

-- but what I understood 21 was that that amount of information is contained in a brief 22 document which is in fact the physical security plan.

}

43 l CHAIRMAN AHEARNE:

And what I'm asking is:

Would 24 l you be willing to approve this with putting in whatever the j

25; right term is there?

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_ _ _. - - _ _. -. _.ALDERSON REPORTING COMPA.NY, INO.

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COMMISSIONER GILINSKY:

I certainly want the right m

2 term.

3 (Laughter. )

3 4

CHAIRMAN AHEARNE:

That tracks with what we are e

5 requiring.

Or would you -

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6 COMMISSIONER GILINSKY:

No, that's reasonable.

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CHAIRMAN AHEARNE:

All right.

You would agree with Xl 8

that?

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COIMSSIONER GILINSKY:

Yes.

2iog 10 CHAIRMAN AHEARNE:

Joe?

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11 COMMISSIONER HENDRIE:

Yes.

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12 MR. CHILK:

So you all -

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1 13 CHAIRMAN AHEARNE:

Can we go ahead and affirm with E

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14 the right --

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2 15 MR. CHILK:

Yes.

Would you just all affirm your

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17 CHAIRMAN AHEARNE:

-- with that, and that will be i

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!ii 18 added with the right phrase.

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19 MR. CHILK:

- for the paper, the Ahearne modifica-R 20 tion and clarification of the appropriate phrase, and 21 Commissior,er Bradford's.

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22 CHAIRMAN AHEARNE:

Okay.

Aye.

1 23,

COMMISSIONER GILINSKY:

Aye.

24 COMMISSIONER BRADFORD:

Aye.

25,

CHAIRMAN AHEARNE:

Joe?

l 1

i 1

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ALDERSON REPORTING COMPANYo INC.

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COMMISSIONER HENDRIE:

Yes.

-- m

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2 MR. CHILK:

Thank you.

3 The next paper is SECY-A-80-179F, the Indian Point l ('

4 order.

I would defer to Mr. Bickwit.

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5 MR. BICKWIT:

That paper --

5l 6

COMMISSIONER GILINSKY :

Is that our last item?

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7 CHAIRMAN AHEARNE:

No.

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MR. CHILK:

No, there's one other item.

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CHAIRMAN AHEARNE:

But there was a question of c

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10 "open/close," so we put that at the end.

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11 COMMISSIONER BRADFORD:

Which one is that?

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12 CHAIRMAN AHEARNE:

Bailey.

E O-s i3 MR. CHItK:

aai1ey.

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CONMISSIONER BRADFORD:

Bai1ey is still on?

Okay.

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15 !

CHAIRMAN AHEARNE:

And so since we thought it might x

j 16 close, I thought it would be best -

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17 MR. BICKWIT:

That paper outlines the results of l

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n 18 the last meeting on this matter.

And as we interpret the

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19 l transcript, there is only one item in dispute, which relates g

20 to the criteria to be used in evaluating what action to take j

21 with respect to the units.

O 22 CaAIRMAN AHEARNE:

Before you get eo that, which 1

23l is perhaps the more substantial issue, I would sav that there g

24 j is still -- I wou1d likt. you to either --

25 l MR. BICKWIT:

Would you like us to go through --

i 6

.l ALDERSON REPORTING COMPANY. INC.

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CHAIRMAN AHEARNE:

I would like you to clarify the--

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2 you have a word in here, " tentative," and I would like to know--

3 I would like to-remove that word -

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MR.. 'BICKWIT : You can remove it.

4

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5 GAIRMAN AHEARNE:

-- and either change the phrase, k

6, or -

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7 MR. BICKWIT:

Yes, you can remove " tentative."

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COMMISSIONER GILINSKY:

Where is it?

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9 GAIRMAN AHEARNE:

This is on --

2i h

10 MR. BICKWIT:

On page 3.

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11 Our office was asked to review the question of i

t ri 12 whether the Task Force Report can be distributed free upon E

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3 13 written request to the NRC, consistent with -

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14 GAIRMAN AREARNE:

At least on the recent Comptroller a

2 15 General -

E 16 MR. BICKWIT:

-- the recent views of the it

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17 comptroller General.

We have concluded - We concluded in a j

s Iii 18 l mamn sent to the Commission last week that in fact, yes, it E

19 can be left in there consistent with those views.

k 20 GAIRMAN AHEARNE:

So it is no longer " tentative"?

I 21 '

MR. BICKWIT:

It is no longer' tentative.

f3 22 CHAIRMAN AHEARNE:

Fine.

V 23 !

MR. BICKWIT:

There were other changes made from

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24 the last -

25 CHAIRMAN AHEARNE:

Yes, I have no -- unless some ALDERSON REPORTING COMPANY. INC,

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of my eclleagues have questions.

(3 2

MR. BICTdIT:

-- memorandum and order, and unless 3

anyone has got some problems, I would suggest that you go (3

s~~,

4 right to the issue that's in dispute.

And I don't really 5

think I can elaborate any fIrther.

It's been in dispute for

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6 quite some time and -

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7 (Laughter.)

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3 CHAIRMAN AHEARNE:

I join Commissioner Hendrie's t

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version.

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$g 10 COMMISSIONER GILINSKY:

I guess I think his version z=

g 11 is okay, except that I think a little precision is lost in i

j 12 spreading our concerns out over societal and individual risks.

5

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y 13 CHAIRMAN AHEARNE:

That does seem to have been one l

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14 of the issues that -

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15 COMMISSIONER GILINSKY:

But I would like to be sure l

j 16 I understand it correctly.

It says:

"The Commission intends e

d 17 to compare Indian Point as a' special risk from other nuclear s

5 18 power plants since the primary basis for the Commission

=s" 19 decision be how extreme are the individual and societal risks R

20 associated with Indian ?oint compared to the special risks from 1

21 other operating stations."

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22 Now I take it to mean that if one or another of 23l these -- one or both of these get beyond scme undefined level, 24 l we would be concerned and would act accordingly, and how far 25 '

those risks -- how high those risks got, and clearly our action i

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i ALDERSON REPORTING COMPANY,INC. _

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considered the facts.

2 COMMISSIONER HENDRIE:

I would think so, yes.

3 COMMISSIONER GILINSKY:

All right.

4 CHAIRMAN AREARNE:

Okay?

e 5

COMMISSIONER GILINSKY:

It's gone on for so long, it X

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3 6

is hard to remember the precise points of contention.

7 CHAIRMAN AHEARNE:

So you would also buy Joe's K]

8 version?

dd 9

COMMISSIONER GILINSKY:

I will agree with that.

i h

10 CHAIRMAN AHEARNE:

Fine.

We've got three votee for z!

11 Joe's version.

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12 CO!EISSIONER HENDRIE:

Good.

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13 CHAIRMAN AHEARNE:

All right, are there any other --

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14 COMMISSIONER GILINSKY:

I of course want to hear U

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15 what Peter has to say, l

5 16 (Laughter.)

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17 {

COMMISSIONER HENDRIE:

I want to reconsider.

l I

!ii 18 CHAIRMAN AREARNE:

Hush.

5 19 COMMISSIONER BRADFORD:

Of course one of tile great 2

1 j

<7a 20 tricks of politics is when you see three versions and you're l

21 the fourth person is not to submit a version, but to sell your tj 22 vote; but you've got to have a better sense of timing than I.

(Laughter.)

23 24 COMMISSIONER BRADFORD:

No, I have no difficulty 25 ;

with Joe's version.

i l

ALDERSO_N REPORTING COMPANY, INC.

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CHAIRMAN AHEARNE:

All right, then, are there any 2l other points in dispute on the Indian Point order?

l 3l COMMISSIONER HENDRIE:

Not in this -

4 COMMISSIONER BRADFORD:

I have a suggestion, which e

5 may or may not wind up being a point in dispute, which is:

3

-9 1

j j

6l That rather than attach the detailed schedule as laid out by R

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OGC, we simply say that we expect the proceeding to be X

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8 completed by a year from this date, or whatever.

I think that i

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is roughly the schedule.

Y 10 CHAIRMAN AHEARNE:

Fine.

t 3

l 11 COMMISSIONER BRADFORD:

And le't the Board figure l

j 12 out --

E d

13 '

CHAIRMAN AHEARNE:

That's' fine with

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i 14 COMMISSIONER GILINSKY:

I would like to put that as i

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15 l clearly and as strongly as possible.

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16 !

CHAIRMAN AHEARNE:

Fine.

Sure.

Rather than that, 2

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17 yes.

E 18 Are there any other coints in dispute?

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I 19 COMMISSIONER GILINSKY:

I want to ask another 20 question about that disputed paragraph.

I think this is what 21l Joe said earlier, but I want to be sure I understand it:

That i

22 if it turns c:ut that another plant is in roughly the same 23 '

situation as Indian Point, but they're both way off at the end 24 of the spectrum --

j 25,

COMMISSIONER HEUDRIE:

We11 above, yes.

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il ALDERSON REPORTING COMPANY, INC.

jwb 16 1 1 COMMISSIONER GILINSKY:

Yes.

l 2

COMMISSIONER HENDRIE:

Yes, yes; that's right.

3, COMMISSIONER GILINSKY:

That it wouldn' t necessarily 4

mean that we stay our hand.

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COMMISSIONER HENDRIE:

That 's right.

The fact that An lE 6'

we discover -- if we discover that Indian Point is a, e

7l compared to the run of sites, an excessively risky proposition, R

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8, the fact that we may also discover there's another one like n

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that doesn't mean that they besth then are free and clear.

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10 COMMISSIONER GILINSKY:

Okay; that's fine.

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5 11 COMMISSIONER HENDRIE:

It just means we've got to

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5 12 tend to two, or hcwever many.

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13 i COMMISSIONER GILINSKY:

The answer is "yes," I E

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14 agree.

2 15 CHAIRMAN AHEARNE:

Okay, Peter, any last --

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16 COMMISSIONER BRADFORD:

No.

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17,

CHAIRMAN AHEARNE:

Joe?

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18 (No response.)

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19 l CHAIRMAN AHEARNE:

Then I think. --

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20 COMMISSIONER GILIUSKY:

Now, let's see.

Where are l

l 21 I we going to put this business about "one year"?

l 22 l CHAIRMAN AHEARNE:

Len, quickly?

23 MR. BICKWIT:

How about the end of the order?

l l

24 (Laughter.)

25)i COMMISSIONER BRADFORD:

Below (inaudible) ?

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l ALDERSON REPORTING COMPANY. INC.

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17 I

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(Laughter.)

2 CIIAIRMAN AHEARNE:

Is that an acceptable place to 3

locate it?

4 COMMISSIONER GILINSKY:

The Commission would like g

5 to receive the Board'!:

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6 CHAIRMAN AREARNE:

- decision --

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7 COMMISSIONER GILINSKY:

-- recommendations no later 3j 8

than one year from this date.

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9 CHAIRMAN AHEARNE:

Fine.

All right?

All in favor E-g 10 of putting out this order?

3 II Aye.

I I2 COfiMISSIONER GILINSKY :

Aye.

-?

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COMMISSIONER BRADFORD:

Aye.

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5 I4 l COMMISSIONER HENDRIE:

Aye.

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15l CHAIRMAN AHEARNE:

Delightful.

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N I7 MR. CHILK:

The last -

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3 18 CHAIRMAN AHEARNE:

I notice that at citi.: stage, E:

19 l Mr. Chilk had finally given up and he had antitled this, i

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20l "Another Redraft."

2I (Laughter.)

22 l COMMISSIONER BRADFORD:

It looks to me like OGC.

23 '

MR. BICKWIT:

Mr. Crane.

24 ll CHAIRMAN AHEARNE:

Oh, Mr. Crane.

My apologies to

!i 25 the illustrous phraseologist.

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,, ALDERSON REPORTING COMPANY. INC.

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(Laughter. )

1 2l MR. CHILK:

The last item is SECY-A-80-193, 3

Revision to the Bailey Show Cause Order --

4 CHAIRMAN AHEARNE:

Show Cause Order.

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MR. CHILK:

And I think the General Counsel has a Maj 6

matter he would like to bring to the attention of the R

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Commission.

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3 MR. BICKWIT:

The preliminary qucstion is whe:her dn 9

to open or close this meeting.

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10 CHAIRMAN AHEARNE:

Let de at least describe what n=

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11 I had.

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12 l MR. BICKWIT:

S ure.

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5 13 CHAIRMAN AHEARNE:

I had only wanted to un diis E

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14 l as an opportunity to make sure that we all understood the l

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status of it; but we did not see us going into the sdbstance, e=

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17 l MR. BICKWIT:

Well, I don't have any recommenda-

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18 1 tion on it.

It's just that it's a matter that could be 3

19 j closed, if the Commission cared to close it.

A 20 I CHAIRMAN AHEARNE:

What are my colleagues' 21 preferences.

22 !

COMMISSIONER BRADFORD:

Let's see.

I have no i

23 '

prcblem with it staying open for a status report, and why 24i don't we leave it open for that.

Depending on what we learn 25 in the status report, I night like to suggest we close and i

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19 jwb 1

talk about it some more, after that.

1 2

CHAIRMAN AHEARNE:

Anybody else?

3 COMMISSIONER GILINSKY:

Well, I have no idea what 4

you intend to bring up.

I don't know what --

5 COMMISSIONER HENDRIE:

I'm in Vic's situation.

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6l depends on what comes up, you know.

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5 7l CHAIRMAN AHEARNE:

Right.

We will go slowly.

Kl 8,

Let's see.

Back in November I requested a draft 0

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Bailey Show cause Order.

We have had a number of comments.

Y 10 primarily I think, Vic, you have had some concern with going z=

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11 j ahead with it, and you have -- I now have two additional

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And it wasn't clear to me, since these questions--

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whether they were, witcout getting into the substance, they i

l 14 i didn't speak to the issues that were raised in the earlier E

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15 order.

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Are these additional questions that you might I

d 17 modify your position on the order?

Or are they additional l

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18 !

questions that might go beyond?

Because if it's the latter, l

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19 !

then I would propose to try to. get us to go ahead on the order i

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j 20 l anyway.

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l 2? i And I gather, Peter -- I wasn't sure where you were, t

22 l Peter.

You -

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23 '

COMMISSIONER BRADFORD:

Well, at some point I would l

l 24 k propose that we reformulate the order in some way that would at l

l 25 least put an urbrella out that was broad enough to include i

i i

AL_DERSON REPORTING COMPANY, INC.

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20 1

Victor's concerns, as well.

If by " status," you meant getting i

i 2

some feel of when we would have an answer and be ready to go.

3 That's what was concerning me.

If it looks as though it's 4

going to be a number of weeks before we would be ready to go, g

5 then I would suggest we try to do it that way more quickly, and E

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6l perhaps close the session to explore how that might be done.

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7 CHAIRMAN AHEARNE:

I wasn' t -- So that you would X

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prefer to await further response?

Is that correct?

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9 COMMISSIONER BRADFORD:

Well, it seems to me that f

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g 10 the concern is a legitimate one, and I would like to frame the

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11 order in a way that at least made it possible for that l

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12 !

concern to be part of the basis for moving ahead.

That is E

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13 !

something that can be done very easily, if we all agree on it.

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g 15 that Victor sent down, if they can be expected back reasonably z

y 16 quickly.

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t; 17 l CHAIRMAN AHEARNE:

And, Joe, your position was --

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mw 18 I'm not bringing you into it, because you really weren' t going P

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in that direction.

M i

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20 l

21 Well --

22 COMMISSIONER BRADFORD:

Why don't we close it, 1

23 briefly, John, and then we can actually get to the substance of l

24 this more easily.

25 CHAIRMAN AHEAR'":

Okay.

All right.

l ALDERSON REPORTING COMPANY, INC.

jwb 21 1

MR. BICKWIT:

I don't think this is very edifying --

2 (Laughter.)

3 COMMISSIONER BRADFORD:

We can put the audience out 4

of its misery, and we can get to the bottom of the question.

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CHAIRMAN AHEARNE:

All right, I would be willing to S

i j

6l close.

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7 MR. 3ICKWIT:

At least put the memo on the TV A

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9 (Laughter.)

zOy 10l' CHAIRMAN AHEARNE:

In favor of closing?

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l1 COMMISSIONER BRADFORD:

Aye.

3 I

12 COMMISSIONER GILINSKY:

If you want to close the

=l 13 l meeting, you can close the meeting.

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g 14 COMMISSIONER HENDRIE:

Aye.

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15 CHAIRMAN AHEARNE:

All right.

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16 l (Whereupon, at 3:00 p.m.,

the meeting was closed d

d 17 l to the public.)

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19.

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l 22 :

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I a

m NUCZEAR REGULATORY COMMISSION This

..s to certify that the attached proceedings before the m

Commission M-eting in tLe ::1atter of:

Public Meeting - Af firmation/ Discussion Session on SECY-A-80-180A, SECY-80-533, SECY-80-530 & SECY-8 0-179{:

Date of Proceeding:

January 7, 1980 Docket Number:

~

Place of Proceeding: Washington, D. C, were held as herein appears, and that this is the original transcript thereof for the fil e of the Cocimission.,

Jane N. Beach Official Reporter (Tiped)

/

/

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Offlylal Reporter (Signature) e

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