ML20010D818
| ML20010D818 | |
| Person / Time | |
|---|---|
| Issue date: | 08/20/1981 |
| From: | NRC COMMISSION (OCM) |
| To: | |
| References | |
| REF-10CFR9.7 NUDOCS 8108310592 | |
| Download: ML20010D818 (13) | |
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'3 Transcript of Proceedings
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f NUCLEAR REGULATORY COMMISSION AFFIRMATION SESSION 81-31 (Open to Public Attendance)
Thursday, August 20, 1981 l
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Pages 1 - 10 Prepared by:
C. H. Brown Office of the Secretary pfj830 2 810820 7
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k.-.: ~~ DISCLAIMER
- r This is an unofficial transcript of a meeting of the United States Ecl?.4 Nuclear Regulatory Commission held on August 2.0, 198'..
in the Commission's offices at 1717 H Street, N. W., Washington, D'. C. The ~ meeting was open to public attendance and observation. This transcript has not been reviewed, corrected, or edited, and it may contain inaccuracies. - Jl, The transcript is intended solely for general informational purposes.
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As provided by'10 CFR 9.103, it is not part of the formal or infomal
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record of decision of the matters discussed. Expressions of opinion in t;. this transcript do not necessarily reflect final determinations or I;- beliefs. No pleading or other paper may be filed with the Commksion in
- j,. f an'y proceeding as the result of or addressed to any statement or argument g)
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(l';.- contained herein, except as the Commission may authorize. jf4.' 9 6 i.' a 'V" .,, l, ? ex J* I 1 p " 6. e* L* i.
I o 1 UNITED STATES OF AMERICA 1 NUCLEAR REGULATORY COMMISSION 3 AFFIRMATION SESSION 81-31 (Open to Public Attendance) 4 5 6 7 3 Commissioners' Conference Room '1717 H Street, N.W. 9 Washington, D. C. 10 Thursday, August 20, 1981 11 12 The Commission met, pursuant to notice, at 3:40 p.m., 13 Nunzio J. Palladino, Chairman of the Ccmmission, presiding. 14 PRESENT: 15 Chairman Palladino 16 Commissioner Gilinsky Commissioner Bradford 17 l Commissioner Ahearne Commissioner Roberts yg 19 ALSO PRESENT: 20 S.
- Chilk, Secretary of the Commission L.
Bickwit, General Counsel 22 23 24 25 l i
2 PROCEEDINGS 1 CHAIRMAN PALLADINO: The Commission will please come 2 to order. 3 The session today is an Affirmation Discussion 4 Session. The agenda shows a total of six items. I am going 5 to ask the Secretary to walk us through the items. We do 6 have another item we would like to add, but I suggest we 7 look at that after we have worked on the first six. 8 MR. CHILK: Mr. Chairman, the first item on the agenda 9 is SECY-A-80-190, 190A, 190B, the Bailly Show Cause Order, a 10 2.206 request in which the Commission was asked to decide whether a show cause order should be issued, and additionally, whether the 11 staff should resume consideration of 2.206 requests on the 12 Bailly CP. 13 A majority of the Commission has determined not to issue a show cause order and return the matter to the staff to resume consideration cf 2.206, and therefore an affirmation is not required. The second item is SECY-81-409 --- 18 COMMISSIONER GILINSKY: In other words, what happened? 19 MR. CHILK: The matter will be returned to the staff 20 by a SECY memo directing that they resume consideration of the 21 2.206 requests on the Bailly CP show cause order. 22 the Commission COMMISSIONER GILINS"Y: In other words, 23 has not acted? I 24 MR. CHILK: The Commission has not acted. The 25 Commission has turned down the show cause order, and has l
I l 1 3 1 referred it back to the staff. The Commission has acted. 2 COMMISSIONER GILINSKY: Do we have a show cause order 3 in front of us? 4 MR. BICKWIT: You considered a few drafts and decided 5 against issuing any. COMMISSIONER GILII. SKY: But we haven't done anything. 6 MR. BICKWIT: That's right. 7 COMMISSIONER BRADFORD: The route cause of the g puzzlement, I guess, is what it is doing on an affirmation at g all, I mean there are a lot of times when we don't do anything, and we don't celebrate it publicly. COMMISSIONER GILINSKY: I mean, John circulated some 12 drafts. It is just a little puze. ling to me why the thing is here at all. 14 CHAIRMAN PALLADINO: Well, we might have supported the 13 show cause, in which case we would have affirmed our votes. 16 COMMISSIONER GILINSKY: But I don't think it ever 17 got to the stage of a formal proposal. 18 COMMISSIONER AEEARNE: I'm as puzzled as you. ^9 1 MR. CHILK: It has not, und in the past from time to 20 time -- 'l COMMISSIONER GILINSKY: You had proposed it and no withdrawn it and --- But 't least that is the Commission -- MR. CHILK: a 24 COMMISSIONER GILINSKY: We could agree not to issue 25 other show cause orders. i
4 1 MR. CHILK: If you have got another one I will be 2 Prepared to present it. COMMISSIONER GILINSKY: I'm just trying to understand 3 what is happening. 4 MR. CHILK: The second vne is SECY-81--- 5 CHAIRMAN PALLADINO: No, I'm puzzled by your puzzlement. This was discussed at the Agenda Session, we noted that it had been out for quite some time; that it was to be voted by the Commissioner's, and I was told the practice is that 9 if the Commission votes favorably on the show cause then we 10 would affirm the vote. 11 I was also informed that if, however, we did not act 12 favorably on it, then it would be announced at the meeting. 13 We have done that several timea, Now what we are doing is -- 14 we said we got the vote and we are announcing in the meeting 1: ^~ that the vote was not to adopt the show cause. 16 Now, whether or not that needed to be announced, I 17 don't know. 18 COMMISSIONER GILINSKY: I guess my point was that we 19 don't have a proposed show cause order in front of us that is 20 supported by anyone sofar as I know. 21 Anyway, we may be spending too much time on this. l 22 MR. CHILK: The second paper is SECY-81-409, a 23 decision of the D.C. Circuit Court of Appeals on the Bailly 24 short pilings case, in which the Commission was asked to 25 issue a notice of hearing and an order. All of the Commissioners l 1
5 1 have approved the order,and the amended notice of hearing, 2 with modifications recommended by Commissioner Ahearne. 3 Would you please affirm your votes? 4 (Chorus of ayes.) 5 .MR. CHILK: The third item is SECY-81-20D, policy on proceeding with pending construction permit and manufacturing 6 license applications in which the majority of the Commission, 7 the Chairman, Commissioners Ahearne and Roberts have approved g the final rule for CP and MLs as modified by two EDO memos of June 22nd and July 14th, and as further modified by a footnote suggested by the Chairman. The Commission did not approve specifically an item 12 number 5 of the EDO's June 22nd memo. Commissioner Gilinsky, 13 I understand, is disapproving and --- 14 COMMISSIONER GILINSKY: Well, I would approve the rule 15 as it applied to plants with standard containments. I would 16 disapprove those portions of the rule that applied to the plants 17 with the smaller and weaker containment.s as they concern hydrogen 18 control. 19 I would like to write a brief comment on that which I 70 would like to complete, which I have in draft. I would like ~ 21 either that a vote is postponed, or if you take a vote to hold 22 up the issuance for a short while until that is completed. 23 COMMISSIONER AHEARNE: I would support that, sure. 24 CHAIRMAN PALLADINO: I would go along with that. 23 COMMISSIONER ROBERTS: Sure. I h
6 l! 1 COMMISSIONER BRADFORD: It is my mistake, but I had f thought that this had been bumped from the agenda today. I had 2 q thought it had been bumped from the agenda today. I also have 3 a separate view that is in preparation and I think can be 4 circulated either late this afternoon or tomorrow. g I w uld prefer deferral, although obviously if the 6 three of you want to go ahead and just leave space in the rule you certainly can. I have no difficulty with your affirming it g in my absence if you leave it over a week and still choose to go ahead with it. CHAIRMAN PALLADINO: Well, I would have no objection 11 to allowing time for writing your views. It has been around a 12 long time and I would suggest we vote on it, but then delay its 13 ~ issuance for what, five working days or three or whatever? 14 COMMISSIONER GILINSKY: That's fine with me. 1: l COMMISSIONER BRADFORD: I can certainly have the views ^~ 16 ready by then. 17 I think it is better practice to have all of the views 18 in place then vote, but it certainly is up to what the majority 19 prefers to do. It may be that my views won't, in fact, convince 20 any of you. John has certainly heard them before, but it-just 21 seems to me that as a way of doing Commission business it does 22 make more sense to have the views in hand before voting the final 23 form of the rule. 24 COMMISSIONER AHEARNE: Peter is correct, I am not going to change my mind, because I have heard his views od that,. 25 1
l 7 i But in general, if there is a commitment to get a view out in a fixed period of time, then I agree with Peter that it is better 2 to hold off until that view is Present. 3 CHAIRMAN PALLADINO: Well, would the Commission chject 4 to holding it off until next week? COMMISSIONER BRADFORD: That would be fine with me. CHAIRMAN PALLADINO: Then you have no objection to our voting then next week? COMMISSIONER BRADFORD: No, that's right and I will 9 commit to have my views around by tomorrow. 10 CHAIRMAN PALLADINO: Any objection to that? 11 Tom, do you have any problem with that? 12 COMMISSIO!' 9 ROBERTS: Next week it will be voted on? 13 CHAIRMAN PALLADINO: Yes. 14 COMMISSIONER ROBERTS: After we have received it. 1 COMMISSIONER BRADFORD: Unless, of course, my views ~ 16 sweep you before them. 17 COMMISSIONER AHEARNE: But then it would be voted 18 on anyway. 19 CHAIRMAN PALLADINO: It would be v7ted on in a / 20 different direction. 21 COMMISSIONER GILINSKY: I will have mine tomorrow too. 22 CHAIRMAN PALLADINO: It appears that the consensus 23 of the Commission is to delay this item until next week at which time, 24 we will vote on it. In the interim, you will provide your 25 views. l l
8 il 1 COMMISSIONER,BRADFORD: (Nods in the affirmative.) 2 MR. CHILK: The next item on the agend is 81-424 3 which does not require affirmation at this time, and so will 4 not be discussed. 5 SEC'l-81-432 advance notice of proposed rulemaking 6 to reform material control and accounting regulation of fuel 7 fabrication facilities involving formula quantities of strategic special nuclear material. 8 All Commissioners have concurred in the publication g f the advance notice and with the recommendations of the OPE 0 memorandum, the changes by Chairman Palledino and Commissioner Ahearne. Would you please affirm your votes. (Chorus of ayes.) ,,la MR. CHILK: The next item on the agenda was 81-464, 14 !!l protection of unclassified safeguards material, and this has 15 been postponed until the following week. 16 The next item is an order regarding a petition to 17 intervene in the Philippines export. All Commissioners have 18 approved an order as modified by Commissioner Gilinsky, which 19 would deny the petition. Would you please affirm your votes. 20 (Chorus of ayes.) 21 MR. CHILK: Tb-next item, hr. Chairman, is the one 92 l ~ that you --- 2 CHAIRMAN PALLADINO: The next item that we would like ~4 to add is SECY-81-454 on TMI Restart. I have had a request 25 for a discussion. So I would have to have two votes. One, to l l
i i 9 take up this item in less than one week's notice, and then if 7 it is to be discussed, then we will need a vote on whether to 2 1s the meeting for discussion,since it is an adjudicatory 3 item. Would all of the Commissioners be willing to treat a this item on less than one week's notice please say, aye. (Chorus of ayes.) 7 CHAIRMAN PALLADINO: I need to have your concurrence 8 to close the meeting so that we can discuss this as an 9 adjudicatory item. 10 COMMISSIONER BRADFORD: Is the request for a discussion 11 mine regarding the number of days in the briefing schedule, lo ~~ because I don't know that we need to close that. ~3 1 CilAIRMAN PALLADINO: I think the General Counsel also 1.' had a --- 1 l MR. BICKWIT: It was simply my request. We have ^ i 16 drafted up an order that includes the Chairman's changes, 17 Commissioner Ahearne's changes and I just want to make sure 18 that everybody is together on it. 19 COMMISSIONER BRADFORD: Okay, I have no difficulty 20 with closing it if Len wants to cover more gound. If it was 21 just my point, then it could have been an open session. 22 MR. BICKWIT: Your point relates to the days in the --- l 23 I COMMISSIONER BRADFORD: I would just go back to your l 24 original. 25 MR. BICKWIT: Yes, that may be the only issue in-i I I t
10 1 l dispute. I don't know, we haven't had votes on this revised rder, and I would just.like to melte cure that everybody 2 agr s with it before it is'put out. I don't know what issues 3 will surface. 4 CHAIRMAN PALLADINO: Are you prepared to vote to close? (Chorus of ayes.) CHAIRMAN PALLADINO: Then we will close the meeting. for discussion. i S l (Whereupon, the' Commission procee-i on into closed 9 session at 3:50 p.m.) 10 11 12 13 14 15 16 17 18 19 20 l l 21 22 23 24 25
L(ll_((ll ((( ( _ lli l ( _((L 1((k111(I(((((fi([ 1( s w B:- TRANSMITTAL TO: cument Control Desk, 016 Phillips W ADVANCED COPY TO: O The Public Document Roort August 21, 1981 d DATE: Y bs= Attached are the PDR copies of a Commission meeting transcript /s/ and related meeting document /s/. They are being forwarded for entry on the Daily Accession g List and placement in the Public Document Room. No other distribution is requested or required. Existing DCS identification numberb are listed on the individual documents wherever possible. 53 b 1. Transt.pt of: Affirmation Session 81-31, August 20, 1981. (1 copy) \\' '/4 D g jake brown Office of the Secretary \\( u.a. g, 7 'I N' i e t.0 g_.- l h 4}}