ML20054D412
| ML20054D412 | |
| Person / Time | |
|---|---|
| Issue date: | 03/18/1982 |
| From: | NRC COMMISSION (OCM) |
| To: | |
| Shared Package | |
| ML19255A661 | List: |
| References | |
| REF-10CFR9.7 SECY-81-625, SECY-81-707, SECY-82-074, SECY-82-74, NUDOCS 8204220682 | |
| Download: ML20054D412 (9) | |
Text
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r%.,, Transcript df Proceedings p
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1 UNITED STATES OF AMERICA
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2 NUCLEAR REGULATORY COMMISSION 3
4 5
AFFIRMATION / DISCUSSION SESSION 6
PUBLIC MEETING 7
Nuclear Regulatory Commission 8
Commissioners' Conference Room Room 1150 9
1717 "H" Street, N.W.
Washington, D. C.
10 Thursday, March 18, 1982 11 12 The Commission met in open session, pursuant to 13 notice, at 10:00 o' clock a.m., NUNZIO PALLADINO, Chairman of (l'
14 the Commission, presiding.
15 BEFORE:
16 NUNZIO PALLADINO, Chairman of the Commission 17 JOHN AHEARNE, Commissioner
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THOMAS ROBERTS, Commissioner 18
-i STAFF AND PRESENTERS SEATED AT COMMISSION TABLE:
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SAMUEL J. CHILK LEONARD BICKWIT 20 FORREST REMICK i
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22 23 24 25
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DISCLAIMER This is an unofficial transcript of a meeting of the United States Nuclear Regulatory Commission held on THURSDAY, MARCH 18,1982in 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.
The transcript is intended solely for general informational purposes.
As provided by 10 CFR 9.103, it is not part of the formal or informal record of decision of the matters discussed.
Expressions of opinion in this transcript do not necessarily reflect final determinations 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.
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PR0CEEDINGS
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2 CHAIRMAN PALLADINO:
Good morning.
The meeting will i
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3 please come to order.
The session this morning is an affirmation and possible discussion session.
We have a 4
P number of items.that have been indicated on the agenda.
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a moment, I will ask the Secretary to go through these items.
6 However, there is a desire on the part of the Commission to 7
add an additional item to the agenda.
It would take a vote 8
to hold it on less than one week's notice.
This would be 9
SECY-81-625, Final Rule on Intransit Physical Protection of Special Nuclear Material of Moderate Strategic Significance.
to I wonder if we might have a vote to hold this on 11 less than one week's notice.
t 12 COMMISSIONER AHEARNE:
Aye.
13 b-COMMISSIONER ROBERTS:
Aye.
14 CHAIRMAN PALLADINO:
Aye.
Then I suggest we 15 proceed through the agenda including this additional item.
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'8 MR. CHILK:
Thank you, Mr Chairman.
The first 17 paper is SECY-81-707, Dr. Taplin's petition regarding 18 10 CFR Part 35, " Human Uses of Byproduct Material" in which y
the Commission is being asked to approve a notice of proposed j
19 rulemaking which would grant in part the petition for l f rulemaking by Dr. Taplin for an exception from certain i
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regulatory requirements' for the use of radioactive drugs.
22
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The Chairman and Commissioners Ahearne and Roberts have approved Alternative 2 in the paper as ' modified by 24 Mr. Minogue's memorandum of February 24th.
Commissioners
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25 Gilinsky and Bradford have disapproved.
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Would you please affirm your votes?
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2 (Chorus of ayes.)
MR. CHILK:
The second paper is 82-74, Proposed 3
Rulemaking, " Codes and Standards", 10 CFR 50.55a where the 4
Commission is being asked to approve a notice of proposed g
rulemaking to modify codes and standards by referencing ASME 6
codes regarding construction of certain safety system compon-7 ents and by removing obsolete provisions.
8 All Commissioners have approved the paper agreeing 9
with Commissioner Ahearne's modifications.
10 Would you please affirm your votes?
COMMISSIONER ROBERTS:
May I make a comment?
CHAIRMAN PALLADIN0:
Yes.
12 COMMISSIONER ROBERTS:
There is an absolute h
insulting statement in Enclosure 1, page 7, first full 14 sentence, and I quote, "These applicant companies will incur estimated costs of $15,000 when applying for ASME approval."
16 I can't believe this agency would make such a 8
17 statement.
It is absolutely without any basis in fact and j
I am extremely disappointed that Dircks would sign off on j
'Is this or the senior staff would prepare such a document.
39 l
End of observation.
20 COMMISSIONER AHEARNE:
I would guess then since g
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that is an essential item here that we ought not to --
22 COMMISSIONER ROBERTS:
I had no_ problem.
All we are doing is' bringing our procedures into what is practiced.
23 But this is a gratuitous statement that is totally ' inaccurate.
24
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I just think it points up to the lack of credibility of this 25 i
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agency.
2 COMMISSIONER AHEARNE:
At least before we send it
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out we should modify that to make it accurate.
3 COMMISSIONER ROBERTS:
F i r. e.
I agree with tha't.
4 COMMISSIONER AHEARNE:
I would condition my vote 5
subject to a modification of that sentence.
6 COMMISSIONER ROBERTS:
Thank you.
CHAIRMAN PALLADINO:
All right.
I was going to 8
ask --
9 MR. CHILK:
That question is being put to the staff 10 and we will modify it.
COMMISSIONER ROBERTS:
I don't have much success ii with having my questions from the staff answered.
I am still waiting for a memo of February 19th from Dircks, 13 ks COMMISSIONER AHEARNE:
And Vickie has just pointed 14 out that the Regulatory Flexibility Act conclusion that is
'0 reached in here may be affected. depending upon their answer.
18 COMMISSIONER ROBERTS:
Thank you.
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17 MR. CHILK:
We will approve it subject to the modification of that sentence depending on what --
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e COMMISSIONER AHEARNE:
And recognizing that it may j
ig have to be changed.
MR. CHILK:
That there may be a change.
f 21 COMMISSIONER ROBERTS:
Right.
22 COMMISSIONER AHEARNE:
Recognizing that it might have to be r~evisited if their conclusion on regulatory 2
24 flexibility comes out the opposite.
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25 MR. CHILK:
Yes.
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5 1
CHAIRMAN PALLt. DIN 0:
All right.
COMMISSIONER AHEARNE:
Okay?
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2 CHAIRMAN PALLADIN0:
Yes.
Are we all agreed?
3 MR. CHILK:
My understanding is that we are all 4
agreed as modified.
5 CHAIRMAN PALLADINO:
As modified with the under-standing that if the flexibility aspects have to be revisited, 7
we would do that.
8 COMMISSIONER AHEARNE:
All right.
9 MR. CHILK:
The third item is SECY-82-82, Devine F0IA Appeal regarding the OIA Zimmer Report in which the to Commission is being asked to deny an appeal by Mr. Devine for access to four documents.
12 The Chairman and Commissioners Gilinsky, Roberts and 13 (j,)
Ahearne have voted to, deny the appeal.
Commissioner Bradford' s
14 office although he hasn't formally voted agrees that the 15 documents should be withheld.
16 Would you please affirm your votes?
E 17 (Chorus of ayes.)
(Mr. Dircks entered the Conference Room.)
18 0
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(Laughter.)
20 MR. CHILK:
SECY-81-625 is the last affirmation 21 l
item, Final Rule on Intransit Physical Protection of Special 22 Nuclear Material of Moderate Strategic Significance where the 23 Commission is considering a rule in final form amendments to 24 10 CFR Part 73 providing for improved early detection of theft of special nuclear material of moderate strategic 25
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1 significance while in transit.
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The Chairman, Commissioners Ahearne, Roberts and Gilinsky have approved and agreed with a recommendation of 3
C,ommissioner Bradford although not formally voting also 4
OPE.
s agrees.
Would you please affirm your votes?
6 (Chorus of ayes.)
MR. CHILX:
Mr. Chairman, that completes the 8
affirmation session.
9 CHAIRMAN PALLADINO:
Unless there is something further to come before us, we will stand adjourned.
11
[Whereupon, the meeting was adjourned at 10i07 12 o' clock a.m., to reconvene at the Call of the Chair.]
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NUCLEAR REGULATORY COMMISSION This is to certify that the attached proceedings before the NUCLEAR REGULATORY COMMISSION in the matter of:
AFFIRMATION / DISCUSSION SESSION Date of Proceeding:
rhi,,sday, u3.,.h 19, 1933 Docket Number:
Place of Proceeding Room 1130. 1717 H 9t _ N W.
Washington, D.
C.
were held as herein appears, and that this is the original transcript thereof for the file of the Commission.
Marilynn M. Nations Official Reporter (typed)
OfficialR@rter(Signature) e 0
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