ML20062E331

Transcript of Commission 820730 Public Meeting in Washington,Dc Re Affirmation/Discussion Session on SECY-82-318.Pp 1-7

ML20062E331
Person / Time
Site:	Zimmer
Issue date:	07/30/1982
From:	NRC COMMISSION (OCM)
To:
References
REF-10CFR9.7 NUDOCS 8208090317
Download: ML20062E331 (11)

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AFFIRMATION / DISCUSSION SESSION l

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PUBLIC MEETING I

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LYNN NATIONS Office of the Secretary 8208090317 820730 -

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UNITED STATES OP AMERICA Ijh NUCLEAR REGULATORY COMMISSION 3 ...

4 AFFIRMATION / DISCUSSION SESSION i ---

5 PUBLIC MEETING 6

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Commissioners' Conference Room Room 1130 9

1717 "H" Street, N.W.

Washington, D. C.

Friday, July 30, 1982 11 The Commission met in public session, pursuant to 12 vote of short notice, at -4 :05 o' clock- p.m. , NUNZIO J.

13 PALLADINO, Chairman of the Commission, presiding.

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14 COMMISSIONERS PRESENT: __

' NUNZIO PALLADINO, Chairman of the Commission

16 JOHN F. AHEARNE, Member of the Commission j 17 THOMAS ROBERTS, Member of the Commission 18 JAMES ASSELSTINE, Member of the Commission h

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{: J. H0YLE 20 g L. BICKWIT

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DISCLAIMER This is an unofficial transcript of a meeting of the United States Nuclear Regulatory Commission held on Friday, July 30,1982 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.

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, 3 except as the Commission may authorize.

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1 PR0CEEDINGS 2 CHAIRMAN PALLADINO: The meeting will please come 3 to order. This is a short noticed meeting to af firm a 4

SECY paper. May I vote to hold this meeting on less than one week's notice?

5 (Chorus of unanimous ayes.)

6 CHAIRMAN PALLADINO: I will ask the Secretary to take up the item at issue.

8 MR. H0YLE: Mr. Chairman, you have before you 9 SECY-82-318 which is a memorandum from the General Counsel 10 informing you of a Licensing Board Order which raises sua sponte issues in the Zimmer Operating License Proceeding.

He has attached two proposed orders. The Chairman, 12 Commissioner Ahearne and Commissioner Roberts have approved 251 an order dismissing the eight contentions from the proceeding T

14 with modifications that I have circulated to you.

15 Commissioner Asselstine and Commissioner Gilinsky 16 would prefer to allow the Board to hear the contentions.

Commissioner Ahearne has separate views and I 37 E

understand that Commissioner Asselstine may wish to. write i g 18

separate views over the weekend.

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I will have separate a COMMISSIONER ASSELSTINE:

j 20 views as well.

J 21 COMMISSIONER ROBERTS: I think Commissioner Ahearne 22 has agreed to allow me to put my name on his separtte views  !

23 which I intend'to do.

COMMISSIONER AHEARNE:

Yes.

24 J f- CHAIRMAN PALLADINO: I haven't seen those views. I

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25 COMMISSIONER AHEARNE: They were distributed.

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CHAIRMAN PALLADINO: They might have trouble ca'tching jg-3 2 up with me. .

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3 COMMISSIONER ASSELSTINE: I saw them earlier this afternoon.

COMMISSIONER AHEARNE: I wrote them after the meeting 5

this morning so I think you got them within 20 minutes of their being just finished.

7 CHAIRMAN PALLADINO: They may have gotten to my 8 office but I haven't seen them. Do I have to indicate whether 9 I would wish to join them or not at this time?

COMMISSIONER AHEARNE: No.

10 CHAIRMAN PALLADINO: I still would have that 11 prerogative if I decided within the next twenty minutes.

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12 COMMISSIONER AHEARNE: Yes.

== MR. H0YLE: Yes.

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14 COMMISSIONER ROBERTS: I am piggy-backing on John 15 and I would delighted if you would join me.

16 CHAIRMAN PALLADINO: Jim, when would your comments be ready?

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! COMMISSIONER ASSELSTINE: On Monday.

18 i CHAIRMAN PALLADIN0: That means then that the Order i 19 ~

. could not go out until Monday. If we don't get the 0rder out z

j 20 until Monday, we would not have an impact on the prehearing A

y 21 conference which I think is scheduled for Tuesday. .

H 22 COMMISSIONER ASSELSTINE: Can't the Board be notified of the Commission's action with the understanding 23 that the Order will go out on Monday?

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MR. BICKWIT: It can be.

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CHAIRMAN PALLADINO: Do you mean verbally?

3 MR. BICKWIT: The question is whether the Commission 4 wishes to express itsel f --

COMMISSIONER AHEARNE: We can always issue the Order 5

and then have the views follow.

6 COMMISSIONER ASSELSTINE: When is the prehearing 7

conference?

l MR. BICKWIT: Tuesday and Wednesday.

9 COMMISSIONER ROBERTS: May I ask a question? If the to Order goes out Monday, is that sufficient notice for the parties 11 not to show up on Tuesday?

COMMISSIONER AHEARNE: It gets tight.

I think the fact that we have had this

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MR. BICKWIT:

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fji meeting would be sufficient notice.

14 l CHAIRMAN PALLADINO: What is that? --

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15 MR. BICKWIT: I think the fact that we have had this l 16 meeting would be sufficient notice.

1s 17 CHAIRMAN PALLADINO: Is sufficient notice?

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MR..BICKWIT

Is sufficient notice, yes.

ig l5 COMMISSIONER AHEARNE: But we have in the past when 2 19 _

y necessary published the order and then later published the 20

'8 views as I recall.

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j 21 MR. BICKWIT: Yes , that is true. The question is, E

22 if you put out the order, do you want to express yourself at 23 the time that you put out the order recognizing that the order l 24 is a significant one.

,([F CHAIRMAN PALLADIN0: I don't follow yan. Do you 25 mean that we would put out the complete order, I presume. Now l

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5 I you 'are saying -- what was your point then?

2 MR. BICKWIT: If you put out the complete order 3

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a then the Commissioners simply have to decide whether they are comfortable with doing that or whether they want a full 4

expression of their views accompanying that order.

5 CHAIRMAN PALLADIN0: Ordinarily I would say that 6

we should wait for the Commissioners' views. The timing 7

sounds so tight here, I was wondering if Commissioners would 8 be willing to indicate that additional views of other 9 Commissioners will follow on Monday.

COMMISSIONER AHEARNE: I am willing to hold off 10 on putting out my views until everybody's views are ready, but I would prefer to pu'. out the order and put in a line 12 saying, " Individual views of Commissioners will follow."

2e CHAIRMAN PALLADINO

Would you be willing to do m? ~

" that?

15 COMMISSIONER ASSELSTINE: I am willing to do it.

16 I would prefer to put out the order with the views attached

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as a package, but if the Commission feels that the order h 17 i:

. itself ought to go out today and it is not sufficient to just li 18 notify the parties of the action the Commission has taken,

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! ."- then that is all right. I will go along with that.

5 ly 20 MR. BICKWIT: The advantage of putting out the order l?

l} 21 is it does give some explanation for why the Commission has i3 l' 22 reached this result.

COMMISSIONER ASSELSTINE: And the advantage of having 23 the views attached to that is it provides a full expla ation f5b of the range of views of the Commission on the action t. ..

'- 25 MR. BICKWIT

That is e.xactly right. I think there

6 1 is no doubt that it would be preferable to have everything out sm-= 2 at once. The problem that is faced here is that notice of the

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3 decision will be going out today and what do you want' accompany-ing that notice. I would say as much as you can get.

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- COMMISSIONER ASSELSTINE: All right.

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- CHAIRMAN PALLADIN0: Would it be acceptable to the 6

Commissioners to add a sentence saying, " Additional views of 7 individual Commissioners will follow on such and such a date,"

8 and the date be Monday.

9 COMMISSIONER ASSELSTINE: At-a minimum I think it jo ought to do that, yes.

CHAIRMAN PALLADINO: Is that acceptable?

11 COMMISSIONER AHEARNE: I would say that the views 12 will follow. I imagine Vic would want --

dr= COMMISSIONER ROBERTS: I was going to say, what

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I4 about Victor?

15 COMMISSIONER AHEARNE: --to add something and I 16 don't think that if we are holding views to follow, I don't think we can really pin Vic to one day.

g I CHAIRMAN PALLADINO: All right. We don't have to g 18 put a date on it.

j 19 All right. I agree.

COMMISSIONER ASSELSTINE:

j 20 CHAIRMAN PALLADIN0: Are we ready to vote with that d

a 21 modi fi ca tion ? ~

3 22 (No response.)~

MR. H0YLE: Then I ask you to affirm your votes at 23 this time.

24 55 (Chorus of unanimous ayes.)

'r 25 CHAIRMAN PALLADINO: Anything more that should come

7 I up at' this time? .

2 MR. H0YLE: Not that I know of, Mr. Chairman.

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CHAIRMAN PALLADIN0: All right. Thank you. We 3

will stand adjourned.

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~ (Whereupon, at 4:12 o' clock p.m. , the meeting was adjourned, 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: Friday, July 30, 1982 Docket Number:

Place of Proceeding Room 1130, 1717 " H" St., N.W.

Washington, D. C.

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

Marilynn M. Nations Official Reporter (typed)

AJLM b Official R@orter (Signature)

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12/81 TP7NSMITTAL TO:

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