ML20004E424
| ML20004E424 | |
| Person / Time | |
|---|---|
| Issue date: | 05/21/1981 |
| From: | NRC COMMISSION (OCM) |
| To: | |
| References | |
| REF-10CFR9.7 NUDOCS 8106120166 | |
| Download: ML20004E424 (9) | |
Text
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NU" ' M RE N TORY CC W. SSICN
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COMMISSION MEETING Is. t la.%t::ar cf:
AETIRMATION SESSION
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May 21, 1981 pgggg 1 E: '
Washington, D. C.
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.WRMY[- (R.EPCE.YG
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400 7hp 4 a Ave., 5.~4. Was
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Tala;:h::a : (202) 554-2245 8106120\\bb
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1 UNITED STATES OF AMEBIcA 2
NUCLEAR REGULATORY COMBISSION 3
4 5
AFFIRNATION SISSION 6
7 Ntrclear Hegulatory Consission 8
Room 1130 1717 H Street, N. W.
9 Washington, D. C.
10 Ihursday,'May 21, 1981 11 The Commission zet, pursuant to notice, at 12 4500 p.m.
13 BEFORE 14 JOSEPH N. HENDHIE, Chairman of the Commission 15 VICTOR GILINSKY, Commissioner 16 JOHN F. AHEARNE, Consissioner 17 PETER A.
BRADFORD, Commissioner 18 19 STAFT PRESENT:
20 S. CHILK 21 L. BICKWICK A. BATES 22 g
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ALOERSCN AEPCRTING CCMPANY. INC.
400 VIRGINIA AVE., S.W., WASHINGTCN. 3.C. 20024 (202) 55v443
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CHAI3hAN HENDRIE:
The Commission vill now devote 3 itself to an 2ffirmation session.
Those of you who are not 4 being affiered please either remove yotrselves or become 5 silent so that we can get on with the af ternoon 's work.
6 O n wa rd, Sam.
7 ER. CHILKs Why don't we take the urareina mill 8 licensing requirement then which is SECY 81-275, 9
CHAIREAN HENDRIE:
All right.
10 HR. CHIIK4 This is a revised dra f t which would 11 deny request for a stay requested by New Mexico and 12 operators of three uranium mills.
13 The Chairman, Commissioner Ahearne and 14 Commissioner Bradford have
> roved it and Commissioner 15 Gilinsky will approve it also.
16 Would you please affirm your vote.
17 (Chorus of Ayes.)
18 COMMISSIONES BRADFORD:
I thought Victor had 19 pulled it.
Am I wrong?
20
- 53. CHIIK I beg your pardon?
21 COMMISSIONER BRADFORD:
I thought Victor had 22 pulled it. No?
23 NH. CHILKs He hadn't responded to it.
l 24 CHAIREAN HENDRIE:
He just agreed to go with it.
I 25 HR. CHILK:
Have I misrepresented something?
O ALDERSCN AEPCRTING COMPANY. INC.
400 VIRGINIA AVE. S.W WASHINGTCN. O'.C. 20C24 (202) 554-2345
3 1
C05MISSIONER BR ADFORD:
I really dcn't know the 2 background at all except I was just told a aoment ago that 3 that one wasn't on.
4 MR. CHILK I had been told earlier that your j
5 office had okayed it.
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6 COMMISSIONER GIIINSKY:
I had okayed it earlier 7 but I was told there was a change in the order and I have 8 not seen the change.
9 COEMISSIONER AHEAR3E:
Peter approved the later 10 change.
11 ER. BATES:
I understand from the revised order 12 that came up from General Counsel that all the offices other 13 than Commissioner Gilinsky's had approved it.
14 CHAIRMAN HENDRIEs So all of us have approved the 15 revised one.
Vic just said he was willing to go along if 16 everybod7 else was.
17 COMEISSIONER AHEARNE:
Gell, can we provisionally 18 affirm, and if Peter's checx finds that he had approved the 19 revised order it holds?
20 COMEISSIGNER BRADFORD:
I know I had approyed it.
21 COHNISSIONER AHEARNE:
Oh, you had approved the 22 revised order?
23 COMMISSIONER BRADFORD:
Yes.
24 CHAIREAN HENDRIE:
Ihree of us have approved the 25 revised order.
So we have affirmed this thing.
ALCERSCN REPCRTING CCMPANY !NC.
400 VIRGINIA AVE S.W WASMNGTCN, D.C. 20024 (202) 554 2345
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COMEISSIONE3 BRADFORDs My only puzzlement was 2 that I had been told that it wouldn't come up, but I had 3 approved it.
4 CH AIRE AN HENDRIE:
You have to be careful of your 5 sources, Peter.
It is an old problem in this town.
6 (laughter.)
7 CONHISSIONER BRADFORD:
Both protect and be 8 careful.
9
- 53. CHILK:
The second one is SECY 81-270 which is to conforming change to the emergency planning rule.
It picks 11 up the 2dequate protection measures.
12 In this situation the Chairman and Commissioner 13 Gilinsky had approved the paper.
Commissioner Bradford just 14 today indicated, as I understand it, that he would approve 15 if a phrase were deleted on the first page of the rule.
16 Commissioner Ahearne has not yet acted.
17 C05NISSIONEE AHEARNE:
Well, I figured since this 18 whole thing was Peter's request and he hadn 't acted on it 19 (laughter.)
20 COH3ISSIONER BRADFORD s It is safe.to wait.
21 CHAIRHAN HENDRIE4 How come you are objecting to 22 your proposal here?
The game here is I take it you are 23 saying it isn 't necessarily the sta tutory language.
24 COMMISSIONER BRADFORDs Well, it is the statutory 25 language, but. We had that long tortured discussion in which ALDERSCN REPCRTING COMPANY,INC, 400 VIRGINIA AVE., S.W WASHINGTCN, D.C. 20024 (202) 554-2345 i
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d 1 ve began with the difference between the words " effective",
l 2 " appropriate" and " adequate" in this context and there was 3 some question on whether there was any difference between 4 the three words.
5 It seemed to se that we wound up saying that there 6 was some measure of difference, but you after all you could 7 hardly quarrel with the statutory language.
So we did take 8 " adequate."
9 I didn't think we did it just because it followed to the statutory language.
I mean I had real substantive 11 reservations about the word " appropriate."
Hy only concern
- 12. here was that I didn't want us to say that we took the word 13 " adequate solely to follow the statutory language and there 14 was not a diae's worth of difference between them.
15 John I resember made the point at the time that he 16 didn't see how anything could be appropriate if it wasn't 17 also adequate.
But it seemed to se tha t the staff said tha t 18 in f act there were circumstances in which something could be 19 appropriate and not be adequate.
20 CCHEISSIONER AHEARNE:
Mr. proposal would be to 21 accept Peter's deletion not because I can now remember why 22 we chose that but in the fear that we sight have to go back 23 and read the transcript and resurrect the argument.
24 (Laughter.)
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25 COMMISSIONER GILINSKI Well, the important thing l
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ALCER$oN REPCRTING COMPANY,INC.
400 vtRGINIA AVE., S.W WASHINoTCN, D.C. 20024 (2021 554 2345
6 1 is that was what the Consissioner settled on.
2 CONNISSIONES AHEARNE:
Bight.
3 C055ISSIONES GILINSKI:
That is why we are making 4 this change.
So it seems to me that it is fine to take out 5 tha t phrase.
6 COMMISSIONE3 AHEARNE:
Unless, Len, you felt there 7 was some problem.
8 ER. BICKWIT:
N o, I don' t have any problem taking 9 tha t 9ut.
10 ER. CHI 1K:
I take it you are all in agreement 11 with the order?
12 CHAIRMAN HENDRIE:
How did it get in?
13 HR. BICKWIT:
We drafted it in.
As Pe ter says,
- 14. this language does more closely track ---
15 COMMISSIONES GIIINS.TY:
Well, if you start a new 16 sentence yo6 said the word " adequate" follows more closely 17 the statutory langua;e.
18 COHEISSIONER BRADFORD:
That would lessen the
. 19 problem.
I still have it because at least for my own part i
20 that wasn't the only reason we made the change.
I mean, 21 there were four different pe;ple voting and there were a l
22 aixture of f eelings about why it was done.
23 This does say it was af ter extensive debate and 24 anybody who really cares can go back to the transcript and l
25 discovery what each of the four of us had to say at the time.
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i ALDERsCN REPCRTING CCMPANY,;NC.
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CHAIRHAN HENDRIEs All right, I guess it is all 2 right.
3 COHMISSIONER AHEARNE:
Since I at the time didn't 4 feel it was really worth the effort in making the change, I 5 sa certainly not going to reopen that whole issue.
6 5B. CHILK4 Ear I formally have your vote?.
7 (Chorus of Ayes.)
8 HR. CHILK4 Thank you.
9 CHAIRHAN HENDRIE:
That's it.
10 (Whereupon, at 4: 05 p.m.,
the affirmation session 11 concluded.)
12 13 14 15 16 17 18 19 E
21 22 23 24 25 a
ALDERSCM AEPCRTING CCMPANY. INC.
400 VIRGINIA AVE S.W WASHINGTCN. Q,C. 20024 (2C2) 554 2345
NUF-*AR REGUI.ATORY CO!dMISSICN
'his is Oc ce.-ify that the attachec pr ceecings bef:re the COMMISSION MEETING in the :na0;er :f:
AFFIPPATION SESSION Oate of ?receecing:
May 21, 1981 Decke
!!u=b er :
? lace of ?receedi.ig:
Washington, D. C.
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