ML20054F887

Transcript of 820611 Affirmation Session in Washington,Dc Re Mod to Emergency Preparedness Regulations & South Tx Refusal Proceedings.Pp 1-10

ML20054F887
Person / Time
Site:	South Texas
Issue date:	06/11/1982
From:	NRC COMMISSION (OCM)
To:
References
REF-10CFR9.7 NUDOCS 8206180114
Download: ML20054F887 (13)

Text

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NCCI.IAA REGUI.ATORY COMCSSICN e

DTN Af I.Nl s . .I. h

( COMMISSION MEETING In the Mat:ter ef: PUBLIC MEETING AFFIRMATION SESSION

( . . .

. DATE: June 11, 1982 pAczg: 1 - 10 AT: Washington, D. C.

ALDERSOX l

T. (REPORTLTG 400 Virginia Ave., S.W. Washis p==, D. C. 20024 Telechene : (202) 554-2345

8206100114 820611 PDR 10CFR PT.97 PDR ,

1 1 UNITED STATES OF AMERICA 2 NUCLEAR REGULATORY CO MMISSIO N

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4 Public Meeting 5 AFFIRMATION SESSIGN 6 Nuclear Regula tory Commission 7 . Room 1130 8 1717 H Street, N.W.

9 Washington, D.C.

10 Friday, June 11, 1982 11 The Commission set, purusant to notice, at 12 2:10 p.m.

13 COMMISSIONERS PRESENT:

14 NUNZIO PALLADINO, Chairman 15 YICTOR GILINSKY 16 JOHN F. AHEARNE 17 THOMAS ROBERTS 18 JAMES ASSELSTINE 19 STAFF AND PRESENTERS SEATED AT COMMISSION TABLE 4 20 SAM CHILK 21 LEONARD BICKWIT 22 FORREST REMICK 23 24 25 ALDERSON REPORTING COMPANY, INC.

400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554 2345

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DISCLAIMER

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This is an unofficial transcript of a meeting of the United States Nuclear Regulatory Comission held on June n , 1982 in the Comission'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 infomational purcosas.

As provided by 10 CFR 9.103, it is not part of the forinal or infomal record of decision of the- matters discussed. F.xpressions of opinion in

this. transcript do not necessarily reflect final determinations or

p ; beliefs. No pleading or other paper may be filed with the Qomission in statement or argument

b. - any proceeding contained herein,asexcept the result as theof Comission or addressed toauth may any'orize.

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1 EEQC EED1EGS 2 CHAIRMAN PALLADINO: The meeting will please 3 come to order.

4 This is an affirmation discussion session, and 5 I will ask the Secretary to walk us through the items on 6 th e agenda.

7 MR. CHILKs Mr. Chairman, we have two items on 8 the agenda. The second one deals with 82-228 which is 9 the South Texas refusal. We are holding that on less 10 than one week 's no tice, and I wonder if I might have a 11 vote to do that.

12 (Chorus of ayes.)

13 MH. CHILKs The first affirmation is82-185, 14 the final amendment to 10 CFR Part 50 and to Appendix E, 15 Modification to Emergency Preparedness Regulations 16 relating to low power operations in which the Commission 4

17 is being asked to approve an amendment to its 18 Regulations clarifying that (1) emergency preparedness 19 exercises are part of the pre-opera tional inspections 20 and are required prior to operation above 5 percent of 21 rated power, but not for a Licensing Board, Appeal 22 Board, or Commission licensing decisions; and (2) that 23 for issuance of operating licenses authorizing.only fuel 24 loading and low power operations up to 5 percent of 25 regular power, no NRC or FEM A o'iew, findings, or l

l ALDERSON REPORTING COMPANY,INC, I 400 VIAGINIA AVE., S.w., WASHINGTON. D.C. 20024 (202) 554-2345

3 1 determinations concerning the state or adequacy of 2 off-site emergency preparedness shall be necessary.

3 The Chairman, Commissioner Poberts, 4 Commissioner Ahearne, and Commissioner Asseltine have 5 rpproved the amendments along with changes proposed by 6 the General Counsel and the modification by Commissioner 7 ahearne. The changes recommended by Chairman Palladino B have been approved by himself, Commissioners Ahearne and 9 Commissioner Assaltine, and were not approved by to Commissioner Roberts.

11 Commissioner Gilinsky has disapprove'd the 12 final amendment. He has views that he wishes to

,. 13 attach. Commissioner Ahearne also has added views which 14 vill be attached. .

15 Would you please affirm your vote?

16 (Chorus of ayes.)

17 MR. CHILK: The second item,82-228, the South 18 Texas refusal proceedings, the Commission is being asked 19 to approved a draft memorandum and order regarding 20 review of the Appeal Board decision that disqualified 21 Tudge Hill f rom the South Texas proceeding.

22 The Chairman, Commissioners Ahearne and 23 Roberts have~ approved the order to reinstate Judge 24 Hill. Commissioners Gilinsky and Asteltine have 25 disapproved. Commissioners Gilinsky and Ahearne have l

ALDERSoN REPORTWG COMPANY. INC, 400 VIRGINTA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554-2345

4 1 separate views, and I understand that Commissioners 2 Roberts and Assel tine will have separate views.

3 CHAIRMAN PALLADIN04 On the separate views, I 4 think I have to keep my options open.

5 (General la ughte r.)

6 COMMISSIONER GILINSKY You know, before we 7 affirn th a t , it seems to me that the value of having a 8 Commission is that we see each others' views before we 9 take a final vote. If there are going to be additional to views, I think it would be helpful to have those 11 circulated unless there is some burning reason why this 12 has to be done today.

13 COMMISSIONER AHEARNE: Why not.

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14 COMMISSIONER GILINSKYs We may not change .

15 anybody's mind, but we may refine our opinions. Who 16 knows, we might change somebody's mind. Maybe I will 17 change my own mind.

18 MR. CHILK4 Hight I suggest you valt until 19 refining the individual opinions.

20 COMMISSIONER AHEARNE: I think as the Board 21 has been holding in abeyance which way we come out, and 22 if we do come out the way the majority seems at the 23 moment, then I think the hearing vill start again on the 24 15th of June.

25 CHAIRMAN PALLADINO: Why don' t w e af firm.

f ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON D.C. 20024 (202) 554-2345

5 1 COMMISSIONER GILINSKY After all, these 2 opinions are on the order of a page.

3 CHAIRMAN PALLADINO: They just have not seen 4 them.

5 COMMISSIONER GILIUSKY: It seems to me that we 6 ought to see what other Commissioners think before we 7 vote.

8 COMMISSIONER AHEARNE: I have no problem with 9 that as a general principle. In fact, in this case, I 10 have no problem following it. In the past, on the 11 Commission, there have been many instances where the 12 forthcoming separate opinion took an awfully long time 13 to come out. So as far as a standard practice, I would 14 agree as long as separate opinions have a finite time of 15 production. But in this particular case, I would 16 certainly wait.

17 COMMISSIONER GILINSKY: I was not aware that 18 th ere were going to be other opinions.

19 COMMISSIONER AHEARNE: For example, in the 20 case of one of them today, there wouldn't have been had 21 not yours shown up just a few hours before the schedule 22 could be produced.

23 COMMISSIONER GILINSKY: You always manage to 24 produce something. I have read it. We have had our 25 exchange of views.

ALDERSON REPORTING COMPANY,INC, - ~ - -

400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554-2345

6 1 C HA IRM A N PALLADINO: I was not planning any of 2 this.

3 COMMISSIONER GILINSKY: I don't know'.

4 CHAIRMAN PALLADINO: Can we let that go?

5 COMMISSIONER A!!EARNE: You are not going to be 6 here next week.

7 CHAIRMAN PALLADINO: I would just as soon we 8 affirm.

9 COMMISSIONER GILINSKY: No, next week I am 10 going to be here.

11 COMMISSIONER AHEARNE: Next week you will be 12 here?

13 COMMISSIONER GILINSKY: Yes. It is th e week 14 af ter, and it is the same week that Tom is going to be 15 away.

16 I am prepared to go forward today, if you want 17 to do that. It seems to me that if we are going to 18 explain our views, then first people ought to see 19 those.

20 CHAIRMAN PALLADIN0s We have not always done 21 that, although I think it is a good idea.

22 COMMISSIGNER GILINSKY: It doesn 't have to be 23 an iron rule.

' 24 COMMISSIONER ASSELSTINE: In this particular 25 case, I don 't have any objection to going ahead and ALDERSON REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W WASHINGTON. D.C. 20024 (202) 554-2345

7 1 voting today, given the urgency of the other thing. But 2 I just need until Monday mornin g first thing to get my 3 views ironed from my standpoint.

4 COMMISSIONER GILINSKY If nobody thinks he is 5 going to change his mind, I suppose we can go ahead. _

6 HR. CHILK4 There is a meeting Monday morning,

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7 if the Commission wants to defer it until that time.

8 COMMISSIONER GILINSKYa Tom, are you going to 9 vrite something?

10 COEMISSIONER ROBERTS: Yes.

11 CHAIRMAN PALLADINO: Would you have it by 12 Monday morning. y t

13 COMMISSIONER ROBERTS: I want to see what i

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14 Commissioner Assels tine has to say.

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15 COMMISSIONER ASSELSTINE: I will have mine by 16 Monday morning.

4 17 COMMISSIONER AHEARNE: Then you can write your 18 rebuttals.

19 COMMISSIONER GILINSKY: The process continues 20 until we ha ve decided .

21 CHAIRMAN PALLADINO: Let me ask the following 22 question. If we don't decide today, will that delay the 23 Hearing Board?

24 COMMISSIONER AHEARNE: Yes.

25 COMMISSIONER ROBERTS: Then I think we should

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ALDERSoN REPORTING COMPANY,INC, 400 VIRGINIA AVE S.W., WASHINGTON, D.C. 20024 (202) 554 2345

8 1 decide.

2 COMMISSIONER AHEARNE: The Hearing B oa rd has 3 been delayed for some time, and South Texas is not on 4 the verge of suddenly moving ahead. So I don't think 5 that i delay of an additional week in getting this 6 particular hearing underway is going to cause any major 7 impact on the construction of the South Texas plant and 8 its operation.

9 COMMISSIONER GILINSKY: A week is not a 10 practical unit of time in' that case .

11 COMMISSIONER AHEARNE: That is right.

12 CHAIRMAN PALLADINO: But it still will delay.

13 COMMISSIONER AHEARNE: Yes, but I don' t think-t 14 that --

15 CHAIRMAN P ALLADINO: I am highly in favor of 16 voting today.

17 MR. BICKWIT: It might delay.

18 COMMISSIONER ROBERTS: I und erstand that they 19 ha ve scheduled , a nd the meeting room is designated.

20 COMMISSIONER AHEARNE: It is tentatively.

I 21 MR. BICKWIT: The hearing is supposed to 22 resume on Tuesday. If you don't decide until Monday, 23 then it is hard to know whether the Board will go ahead 24 on Tuesday.

25 COMMISSIONER AHEARNE: I would be willing to ALDERSON REPORTING COMPANY,INC.

400 VIRGINIA AYE, S.W, WASHINGTON, D.C. 20024 (202) 554-2345

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9 1 wait. Tim said he would get his out Monday morning, 2 maybe Tuesday.

3 CHAIRMAN PALLADINO: Is Tuesday the 15th?

4 COMMISSIONER AHEARNE: Tuesday is the 15th. I 5 would just accept the fact that there will be a delay.

6 CHAIRMAN PALLADINO: I would prefer not.

7 COMMISSIONER ROBERTS: I would prefer not.

8 COMMISSIONER ASSELSTINE: From my own 9 standpoint, I am prepared to vote today. I don't want N

10 to be the source of delaying this thing quite frankly, 11 so I am prepared to vote today.

12 COMMISSIONER GILINSKYa You .would have half 13 the source of delay, or one-third of the source of 14 delay.

15 Is the sentiment is to vote- today, we vill 16 vote today.

17 MR. CHILK: There are apparently three votes 18 to vote today, as I read the Commission.

19 CHAIRMAN PALLADINO: All right.

20 BR. CHILKa I would ask you to affirm your 21 votes as I have indicated.

22 (Chorus of ayes.)

23 BR. CHILK: Thank you.

24 CHAIRMAN PALLADINO: I will not add any 25 separate remarks unless I feel heavily motivated.

ALDERSON REPORTING CCMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554 2345

10 1 COMMISSIONER AHEARNE: The record will so be 2 noted.

3 CHAIRMAN PALLADINO: Put I will'be the judge 4 of whether or not I am heavily motivated.

5 COMMISSIONER ASSELSTINE We will decide on 6 M o nd a y whether I persuaded one of you to change.

7 MR. CHILKa That concludes the affirmation 8 items.

9 CHAIRMAN PALLADIN04 Thank you.

10 Then we will stand adjourned.

11 (Whereupon, at 2:20 p.m., the Commission 12 adjourned.)

13 14 15 16 17 18 19 20 21 22 23 24 25 ALDERSON REPORTING COMPANY,INC, 400 VIRGINTA AVE., S.W., WASHINGTON. D.C. 20024 (202) 554-2345

r NUCLEAR REGULATORT COMMISSION This is to certify that the attached proceedings.before the COMMISSION MEETING in the matter of: Phblic Meeting - Affirmation Session Date of'Freceeding: June 11, 1982 Docket Number:

Place of Proceed.ing: Washington, D. C.

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

Patricia A. Minson Official ieporter (Typed)

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. Official Reporter (31gnature)

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