ML20012C714
| ML20012C714 | |
| Person / Time | |
|---|---|
| Issue date: | 03/01/1990 |
| From: | NRC COMMISSION (OCM) |
| To: | |
| References | |
| REF-10CFR9.7 NUDOCS 9003230103 | |
| Download: ML20012C714 (15) | |
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COURT REPORTERS AND TRANSCRIBERS 1323 ?.hode Island Avenue, Northwest Washington, D.C.
20005 (202) 234-4433
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This is an unofficial transcript of a meeting'of r
the United 8tates Nuclear Regulatory Commission held on March 1. 1990, in the Commission's office at One White Flint North, Rockville, Maryland.
The' meeting was open to public attendance and observation.
This transcript has not been reviewed, corrected or edited, and it may contain inaccuracies, t
The transcript is intended solely for general informational purposes.
As provided by 10 CFR 9.103, it is not part of the formal or- - inf ormal record of decision of the matters discussed.
~ Expressions of opinion' in this transcript do not necessarily reflect final determination or beliefs.
No pleading or other paper may be filed with the Commission in any proceeding as the result of, or addressed to, any statement or argument contained herein, except as the Commission may authorize.
NEAL R. GROSS COURT REPORTERS AND TRANSCRtSERS 1333 RHoDE ISLAND AYENLil. H.W.
(202) 234 4 433 WASHINGToH. D.C.
20005 (202) 232-6600
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Q-NUCLEAR REGULATORY COMMISSION AFFIRMATION / DISCUSSION AND VOTE PUBLIC MEETING Nuclear Regulatory Commission One White Flint North Rockville, Maryland Thursday, March 1, 1990
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h The Commission met in open session, pursuant
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to notice, at 11:30 a.m.,
Kenneth M.
Carr, Chairman, presiding.
COMMISSIONERS PRESENT:
l 1
KENNETH M.
CARR, Chairman of the Commission THOMAS M.
ROBERTS, Commissioner KENNETH C.
ROGERS, Commissioner JAMES R.
CURTISS, Commissioner FORREST J.
REMICK, Commissioner e
L.
NEAL R.
GROSS 1323 Rhode Island Avenue, N.W.
Washington, D.C.
20005 (202) 234-4433
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STAFF SEATED AT-THE COMMISSION TABLE:
2 3
a SAMUEL J.
CHILK, Secretary i
DOCTOR ANDREW BATES, Office of the Secretary WILLIAM C.
PARLER, General Counsel r
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.l NEAL R.
GROSS 1323 Rhode Teland Avenue, N.W.
Washington, D.C.
20005 (202) 234-4433
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1 P-R-0-C-E-E-D-I-N-G-S
'2 11:30 a.m.
3 CHAIRMAN CARR:
Good. af ternoon, ladies and--
4 gentlemen.
5 This is an affirmation session.
We have-two 6
items to come before us this morning.
7 AUDIENCE:.
Excuse me, sir.
Does-the public 8
have a
right to speak,_ or should.the public be 9
silenced as it has been throughout this whole process?
10 There's one thing.
You can silence the 11 public, but you cannot silence the truth.
And I tell 12 you, sir, you are here to perpetrate an evil.
.13 I am just asking if we are -- ~ wi l l we be
.. J 14 allowed to speak?
15 CHAIRMAN CARR:
Would you please remove the
.16 gentleman?
17 AUDIENCE:
The motto of our state is, " Live-18 free or die."
That is not a call to war.
That says 19 if the democratic rights are violated, then people-20 will be killed.
And that is what you're doing today.
21 You're sentencing women, children, and men to death.
22 You're trampling on American democracy in the interest
'23 of money and power, and it cannot be done in secret.
24 CHAIRMAN CARR:
This is an affirmation 25 session.
We have two items to come before us this i
t-_
NEAL R.
GROSS 1323 Rhode Island Avenue, N.W.
Washington, D.C.
20005 (202) 234-4433
l 4'
4 h~I 1-morning.
2 Before I
ask the Secretary to lead us 3-through the items for affirmation, I would like to 4
.make a statement.
5 We have carefully considered the matters 6
related to full power operation of Seabrook.
We 7
believe the license should be issued and the plant can 8
be operated safely.
l 9
The Commission is issuing two decisions
-l l
10 today 'on matters affecting the-Seabrook Nuclear Power-l Il Facility.
The first of our decisions resolves a
12 question certified to the Commission by the Appeal 13 Board.
That question involved an interpretation of
~'
d_ _J 14 our emergency planning regulations.
We have concluded i
15 that the Licensing Board's actions in this matter were 1G correct, because under our regulations the adequacy of 17' an emergency plan is to be determined by evaluating it
~
18 against the 1G planning standards of 10 CPR 50.47(b),
l 19 not by whether the plan would achieve any particular i
20 dose savings for the population in the emergency l
21 planning zone.
22 By our second decision, we are allowing the 23 Atomic Safety and Licensing Board's authorization for i
l 24 a full-power license for the Seabrook Nuclear Power 25 Station Unit I
to become effective.
The issues a
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.. m NEAL R.
GROSS 1323 Rhode Island Avenue, N.W.
D.C.
20005 (202) 234-4433
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surrounding issuance of the operating 13:ense have 2
been heavily litigated.
.We see nothing at present 3
that persuades us that Seabrook cannot be operated 4
safely.
We believe that the emergency plans will 5
provide adequate protection for the public in the 6
event of an accident.
7 In reaching our decision
- today, we are 8
relying on the findings of the Licensing Board, and on 9.
the basis of our reviews so far have Judged them 10 reasonable.
Our decision does not preclude further 11' appeals-to the Appeal Board and the Commission itself, 12 nor does it prejudice those appeals.
This iu, in 1
,-i 13
- essence, the same process that the Commission has t
14 followed and th'e courts have upheld in other licensing i
i i.
15 cases.
4 16 The Atomic Safety and Licensing Appeal 17 Board,-with the exception of four issues, has, to the i
18
' ext ent. it has acted, affirmed. the Licensing Board's 19 decisions and related rulings regarding letters' of 20 agreement, transportation availability and support I
21
- services, decontamination and reception centers, and i
22 sheltering of beach population.
In those four areas L
23 where the Appeal Board remanded matters to the 24
. Licensing Board, we have provided our analysis and L
25 reasoning why we helieve full power license issuance
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NEAl, H.
GROSS 1323 Rhode Island Avenue, N.W.
Washington, D.C.
20005 (202) 234-4433 m
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can go forward.
2 We rely on the provisions of our regulations 3
at 10 CPR 50.47(c),
that an emergency planning 4
deficiency which is not significant need not preclude s
5 authorization of a full-power license, provided that G
the finding required by 10 CFR 50,.47(a) is made.
That 7-is, that there is reasonable assurance that adequate 8
protective measures can and will be taken in the event 9
of a radiological emergency.
The Licensing Board has 10 made the 50.47(a) finding.
We arrive at the judgement 11 that the four issues remar.ded are not significant for 12 the Seabrook emergency plans on the basis of our 13 review of the decisions which have been rendered and a1 11 the relevant evidentiary record.
15 We have also reviewed various concerns which 16 have recently been raised outside the context-of the 17 litigation.
These include the allegations prepared by 18 the Quality Technology Corporation for the Employees 19 Legal
- Project, and the allegations of a
private 20-citizen concerning control room conversations.
Within 21 the past few days, allegations received in 1984 from a L
22 former radiographer at the site have been resurfaced.
23 The staff has examined these allegations again.
24 On the basis of our review of staff 25 inspection reports and evaluations of these concerns I
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NEAL R.
GROSS 1323 Rhode Island Avenue, N.W.
Washingt on,_ D. C.
20005 (202) 234-4433
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1 and the various staff reports on the readiness of the 2
Seabrook Plant to receive a full-power license, we 3
have concluded that there are no issues outstanding 4
which represent concerns that are material to the 5
issuance of.a full-power license.
G While we have concluded today that there are 7
no impediments to authorization of a
full-power 8
license for the Seabrook plan, should new aspects of i
9 these issues or new problems arise which require 10 enforcement action, we will not hesitate to take any 11 necessary steps to assure that the public health and 12 safet y are protected.
m 13 Given the controversy which has surrounded l
T i w
14 the Seabrook facility, we fully expect judicial review i
15 will be sought.
As a courtesy to the parties to 16 permit the filing of judicial stay
- motions, the 17 effective date of this decision will be March 8.
If I
18 stay motions are filed in the U.S.
Court of Appeals, i
f
-19 then the decision's effective date will be one week i
20 after t he ~ motions are filed, but no later than March 21 15th.
22 Do any of my fellow Commissioners have any 23 opening comments they would like to make?
24 COMMISSIONER ROGERS:
No.
1 25 If not, Mr. Secretary, you may proceed.
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NEAL R.
CHOSS 1323 Rhode Island Avenue, N.W.
Washington, D.C.
20005 (202) 234-4433
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1 SECRETARY CHILK:
The first matter before i
2 the Commission, Mr.' Chairman, is SECY-90-014.
It's a
-3 Commission opinion on
- Seabrook, on the question 4
certified in ALAB-922.
~
5 The Commission is being asked to act on an 6
order which responds to a question certified to the 7
Commission by the Appeal Board on October the 11th, 8
1989, in ALAB-902.
9 The question certified was the following:
10 "Whether the Massachusetts Attorney 11 General's testimony, which seeks to address the dose 12 reductions / dose consequences that will arise under the 13 New Hampshire Radiological Emergency Response Plan, is LJ
-14 admissible as relevant to the determination whether,
-15 in accordance with the Commission's Shoreham guidance, IG the New Hampshire Radiological Emergency Response Plan 17 will achieve ' reasonable and feasible' dose reduction 18 under the circumstances so as to provide ' reasonable 19 --
assurance that adequate proteetive measures can and 20 will be taken' in accordance with 10 CFR 50.47."
21 Chairman
- Carr, Commissioners Rogers and 22 Roberts have approved an order which determines that 23 the testimony proffered by the Massachusetts Attorney 24 General was not admissible for the purpose mentioned 25 by the Appeal Board, nor for any other.
Commissioners I
c.
NEAL R.
CROSS 1323 Rhode Island Avenue, N.W.
Washingt on,
D.C.
20005 (202) 234-4433
t 9
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Curtiss and Remick abstained in'this action.
2 Would you please affirm your votes?
3 CHAIRMAN CARR:
Aye.
4 COMMISSIONER ROBERTS:
Aye.
f 5
COMMISSIONER ROGERS:
Aye.
6 SECRETARY CHILK:
The second item is SECY-7 90-037/037A.
It's the Seabrook Immediate 8
Effectiveness Decision and full power ' license.
9 The Commission is considering in this paper 10 the issuance of an order to allow the Atomic Safety' 11 and Licensing Boat'd's authorization of a full power 12 license for the Seabrook Nuclear Power Station Unit 1 7 -'
13 to become effective under NRC regulations during the u
14 pendency of further appeals and other administrative:
15 proceedings.
16 In acting on this order, the Commission-is 17 also addressing motions to revoke or vacate the 18 Licensing Board's authorization addressing its
'19 i.amediate effectiveness review of the contest issues 20 in this case and deciding motions to stay the 21 effectiveness of the Licensing Board's authorization.
22 As a
result of its consideration, the 23 Commission, by a
vote of three to
- nothing, with 24 Chairman
- Carr, Commissioner Roberts and Rogers
~ 25 approving and Commissioners Curtiss and Remick t j L,
.J NEAL R.
GROSS 1323 Rhode Island Avenue, N.W.
Washington, D.C.
20005 (202) 234-4433
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10 f-1 abstaining,' denies a November 17, 1989 motion of the 2
Intervenors, that is the Massachusetts Attorney 3
- General, Seacoast Anti-Pollution
- League, and New 4
England Coalition Against Nuclear Pollution, to vacate 6
those portions of the Licensing Board's decision on G-the Seabrook plant for Massachusetts communities which 7
authorized the license.
8 The Commission has also conducted its 9
immediate effectiveness review under 10 CFR 2.764 and 10 by the same vote of three to nothing has found the
'I 11 review supports allowing
_the Licensing Board's 12 authorization of the issuance of a full power license im 13 to become effective.
1;_j 14 The Commission, by same vote, also denies 15 the December 1,
1989 stay motion filed by the i
1G Intervenors, the Massachusetts Attorney
- General, ll 17 Seacoast ' Anti-Pollution League, New England Coalition i
i i
18 Against Nuclear pollution, and the Town of Hampton, 19 finding that the moving parties have not demonstrated i
20 their entitlement to a stay.
21
- However, given the controversy that has 22 surrounded the S e ab ro ok plant since these proceedings I
23 commenced, and the Commission's expectation that 24 judicial review of this decision will be sought, the 25 Commission has decided, as a courtesy to the parties I
l
.. a NEAL R.
GROSS 1323 Rhode Island Avenue, N.W.
Washington, D.C.
20005 (202) 234-4433
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1 to permit the filing of judicial stay motions, that 2
the effective date of the decision will be March 8th, 3
1990.
If motions for a
stay are filed by plant 4
opponents in the U.S.
Court of Appeals within this 5
period, then the decision's effective date will be one t
G week after the relevant motions are filed.
7 Accordingly, consistent with the provisions 8
for a housekeeping stay, the Director of the Nuclear 9
Reactor Regulation may issue the' license authorized by 10 the Licensing Board in their proceeding, 89-32.
1 11 Would you please affirm your vote, l
l 12 CHAIRMAN CARR:
Aye.
13 COMMISSIONER ROBERTS:
Aye.
U-14 COMMISSIONER ROGERS:
Aye.
15 CHAIRMAN CARR:
Is there anything else to 1G come before us today?
j 1
17 SECRETARY CHILK:
I have nothing further.
18 CHAIRMAN CARR:
If not, we stand adjourned.
I 10 (Whereupon, at.
11:40 p.m.,
the above-l i
20 entitled matter was a d j ou r n e d. -)
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l NEAL R.
GROSS 1323 Rhode Island Avenue, N.W.
Washington, D.C.
20005 d
i2021 234-4433
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CERTIFICATE OF TRANSCRIBER This.is to certify that the attached events of a meeting
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1 of the United States Nuclear Regulatory Commission entitled:
]
TITLE OF MEETING:
AFFIRMATION / DISCUSSION AND VOTE PLACE OF MEETING:
ROCKVILLE MARYLAND DATE OF MEETING:
MARCH 1, 1990 were transcribed'by me. I further certify that said transcription is accurate and complete, to the best of my ability, and that the transcript is n true and accurate record of the foregoing events.
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Reporter's name:
Phyllis Young 4
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NEAL R. GROSS COURT RfDORTit$ AND TRANSCRIBER $
1323 RHODE ISLAND AYtHUE. H.W.
(202) 234-4433 WA$HINGTON. D.C.
2o00$
(202) 232 6600
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