ML19351G126

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Transcript of 801217 Affirmation Session 80-55 Re Secy 80-472,SECY 80-472A & Secy 80-526 in Washington,Dc. Pp 1-3
ML19351G126
Person / Time
Issue date: 12/17/1980
From:
NRC COMMISSION (OCM)
To:
References
FRN-45FR65521, REF-10CFR9.7, RULE-PR-30 NUDOCS 8102230156
Download: ML19351G126 (6)


Text

l NUCL.AR REGULATORY COMMISSION q;,

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CO21!!ISSION MEETING

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In tiin Ma++a* cf:

AFFIR!!ATION SESSION 80-55

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December 17, 1980 PAGES:

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Washington, D. C.

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UNITED STATES OF AMERICA 2

NUCLEAR REGULATORY COMMISSION 3

4 AFFIRMATION SESSION 80-55 g

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Nuclear Regulatory Commission Room 1130 f

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1717 H Street, N.W.

E Washington, D.C.

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Wednesday, December 17, 1980 9

i 10 The Commission met, pursuant to notice, at 3:20 p.m.

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g 11 BEFORE:

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12' JOHN F. AHEARNE, Chairman of the Commission 5

d 13 VICTOR GILINSKY, Commissioner m

g 14 JOSEPH HENDRIE, Commissioner m

2 15 STAFF PRESENT:

j 16 SAMUEL J. CHILK, Secretary M

d 17 LEONARD BICKWIT, General Counsel 18 19 8

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25 ALDERSON REPORTING COMPANY, INC.

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2 CHAIRMAN AHEARNE:

The second part of this meeting will 3

begin.

Sam?

4 MR. CHILK:

The_first item is SECY-80-472/472A which g

5 is a revised criteria for states.-

You will recall that the N

6 Chairman and Commissioners Gilinsky and Hendrie originally

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approved the revised criteria.

Commissioner Bradford disagreed

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8 with the criteria to permit the states to regulate low-level c.5

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waste.

i 10 The matter was held over.

As I understand the E

j 11 situation now, the Chairman and Commissioner Hendrie are ready is y

12 to reaffirm their previous votes.

We have not yet heard from f M f' Y 13 Commissioner Gilinsky if he is rrr rr-d to vote.

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g 14 COMMISSIONER GILINSKY:

I will go along.with it.

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15 MR. CHILK:

Then I would ask the Commission to affirm i

g 16 their votes.

If Commissioner Bradford were here, he would

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17 dissent.

Uill you please confirm your votes.

5e 18 (Chorus of ayes.)

_p 19 MR. CHILK:

The next paper, then, is80-526, which d

20 is the policy statement, a memorandum pc order which amends a p

21 statement of policy entitled, "Further Commission Guidance for 22 Power Reactor Operating Licenses."

23 It is my understanding on that one, Dr. Hendrie, that

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24 you and Commissioner Bradford are together on that.

Mr. Gilinsky?

25 h COMMISSIONER GILINSKY:

If they agree, I will agree.

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(Laughter.)

ALDERSON REPORTING COMPANY, INC.

3 1

MR. CHILK:

The Chairman dissents.

2 CHAIRMAN AHEARNE:

I hope you have the latest, which 3

is the 12-17.

4 MR. CHILK:

The latest OGC memorandum.

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MR. MCGREGOR:

I have not seen it as yet.

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6 MR. CHILK:

The only one.from you is December 16.

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7 CHAIRMAN AHEARNE:

No, there is a 12-17, which basically j

8 corrects some typos tliat were in the previous one.

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MF. CHILK:

We will attach to the approved memorandum i

g 10 your latest views.

Could I ask you, then, to affirm your votes?

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11 (Chorus of ayes.)

y 12 MR. CHILK:

The other paper that was originally on the h

13 list Commissioner Bradford requested be held over for a week,

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g li which is 501.

We will put it on the next time.

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15 C:: AIRMAN AHEARNE:

Fine.

Thank you.

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g 16 (Whereupon, at 3:25 p.m. the meeting of the Commission

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17 closed.)

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19 8n 20 21 22 23 24 25 ALDERSON REPORTING COMPANY, INC.

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NUCLEAR REGULATORY COMMISSION This is to certify that the attached proceedings before the

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in the matter of:

Date of Proceeding:

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Place of ?roceeding: M sj

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were held as herein appears, and that this is the original transcript thereof for the-file of the Commission.,

Yh. E. Abned Official Repor.ter (Typed) 1( =

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Official Reporter (Signature) t l

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UNITED STATES NUCLEAR REGULATORY COMMISSION December 3, 1980 WASHINGTON, D. C. 20555 SECY-80-526 CONSENT CALENDAR ITEM For:

The Commission From:

Leonard Bickwit, Jr., General Counsel

Subject:

Revision or Suspension of Policy Statement on "Further Commission Guidance for Power Reactor Operating Licenses"

Purpose:

To obtain Commission approval of an order either revising or suspending the itatement of Policy Discussion:

Recently the Commission issued a Statement of Policy entitled "Further Commission Guidance for Power Reactor Operating Licenses."

45 Fed. Reg. 41738 (June 20, 1980).

In essence, the Statement of Policy announced the intent of the Commission that in future actions on nuclear power reactor operating license applications, it would look to the list of " Requirements for New Operating Licenses" found in NUREG-0694 (June 1980) as setting forth requirements for new operating licenses which should be "necessary and sufficient for responding" to the accident at Three Mile Island ("TMI").

Consequently, current operating license applications were to be judged against s

present NRC regulations, as supplemented by these TMI-related requirements.

Insofar as 'ertain of c

the provisions of NUREG-0694 seek to impose operating license requirements beyond those neces-sary to show compliance with the regulations:

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although the [ licensing and appeal] boards may entertain contentions asserting that I

the supplementation is unnecessary (in full or in part) and they may entertain conten-tions that one or more of the supplementary t

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requirements are not being complied with; they may not entertain contentions assert-I ing that additional supplementation is required.

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CONTACT:

SECY NOTE:

This paper is identical to l

Harvey J. Shulman, OGC advance copies which were har.d carried 4-1493 by OGC to Commission offices on l

December 2, 1980.

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UNITED STATES NUCLEAR REGULATORY COMMISSION WAsHIN GTON, D. C. 20s55

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  • CONSENT CALENDAR ITEM S"-8 "7 For:

The Comissioners Thru:

William J. Dircks j

Executive Director for Operatio'6s From:

G. Wayne Kerr, Director Office of State programs

Subject:

REVISED CRITERIA FOR STATES purpose:

(1) To respond to memo dated August 5,1980 from S. J. Chilk to William J. Dircks.

(2) To provide modification of Criterion 27 to allow a State to seek an agreement for the regulation of Icw-level waste as a separate category.

(3) To include additional criteria for States wishing to continue regulating uranium and thorium processors and mill tailings after November 8,1981.

I Category:

The paper covers a major policy issue.

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Background:

The August 5,1980 memo from Mr. Chilk to Mr. Dircks*

l requested the staff to prepare an updated policy to I

allow States to enter into agreements for low-level waste only, to incorporate UMTRCA provisions, and make clarifying changes regarding discontinuance of NRC regulatory authority and assumption thereof by States through agreement.

Discussion:

The NRC has revised its statement of policy regarding criteria for guidance of States and NRC in discontinuance of NRC regulatory authority and assumption thereof by States through agreement.

This policy statement was originally published on March 24, 1961 at 26 FR 2537 and an amendment regarding AEC (Atomic Energy Commission) contractors on December 4, 1965 at 30 FR 10544.

Contact:

G. Wayne Kerr, 492-8170 SECY NOTE:

See COMJA-80-26 J. F. Kendig, 492-776/

dated August 5, 1980.

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UNITED STATES NUCLEAR REGULATORY COMMISSION November 12, 1980 WASHINGTON, D. C. 20555 SECY-80-472A CONSENT CALENDAR ITEM For:

The Commissioners From:

William J. Dircks Exv.utive Director for Operations

Subject:

PAGE CHANGES TO REVISED CRITERIA FOR STATES, SECY-80-472

Purpose:

To amend subject paper dated October 17, 1980 Backcround:

The Office of Standards Development made suggestions for changes on certain aspects of SECY-80-472 Discussion:

Based on discussion with Standards Development, changes have been made to:

(1) Page 1 of supplementary ir; formation, item 3 - editorial change in date.

e (2) Page 3 of criteria, item 3 - deletion of para. 2 and footnote 3.

(3) Page 4 of criteria, item 7 (word changes) and renumber footnotes.

Clarifying language added to Item 10.

(4) Page 9 of criteria, renumbered footnote.

(5) Page 11 of criteria, item 31, renumbered footnote.

These changes have not caused any change in the original context but only clarify those aspects where the changes occurred.

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Contact:

J. O. Lubenau, 492-7767 SECY NOTE: This paper sucolements SECY-80-472 J. F. Kendig, 492-7767 It is identical to advance copies which were distributed to Commission offices on 11/12/80.

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