ML20126F623

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Commission Determination Releasing Portions of Transcript of 810128 Closed Meeting in Washington,Dc Re Gpu Federal Tort Claim.Pp 1-19
ML20126F623
Person / Time
Site: Three Mile Island Constellation icon.png
Issue date: 03/02/1981
From: Chilk S
NRC COMMISSION (OCM), NRC OFFICE OF THE SECRETARY (SECY)
To:
References
REF-10CFR9.7 NUDOCS 8103190250
Download: ML20126F623 (21)
v • d • e


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o UNITED STATES *

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% n NUCLEAR REGULATORY COMMISSION h, .$ WASHIN GTON, D.C. 205SS

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%;..n+*/ March 2,-1981 1 OFFICE OF THE SECRETARY COMMISSION DETERMINATION REGARDING PUBLIC DISCLOSURE UNDER THE GOVERNMENT IN THE SUNSh'INE ACT OF:

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Transcript of Discussion of General Public Utilities Federal Tort Claim, Wednesday, January 28, 1981  !

Pursuant to 10 CFR 9.108 (c) ' and 10 CFR 9.104 (a) '(10) , ,the Commission has determined that the attached portions of.the subject transcript should be_ released to the public. The remaining _ portions'of the transcript are being withheld from

public disclosure pursuant to 10 CFR.9.104 as noted below:

Page/Line thru Page/Line Exemption 3/8 3/21 10 CFR 9.104 (a) (10) 6/18 -

6/25 10 CFR 9.104 (a) (10) 7/1 7/25 10 CFR 9.104 (a) (10) 8/l 8/25 10 CFR 9.104 (a) (10) 9/1 9/25 10 CFR 9.104 (a)' (10) 10/1 10/25 10 CFR 9.104 (a) (10) 11/1 11/25 10 CFR 9.104 (a) (10) 12/1 12/25 10 CFR 9.104 (a) (10) 13/1 13/21 10 CFR 9.104 (a) (10) 13/24 13/25 10 CFR 9.104 (a) (10) 14/6 14/25 10 CFR 9.104 (a) (10) 15/1 15/18 10 CFR 9.104 (a) (10) 15/22 15/24 10 CFR 9.104 (a) (10) 16/12 16/25 10 CFF. 9.104 (a) (10) 17/1 17/25 10 CFR 9.104 (a) (10) 18/l 18/25 10 CFR 9.104 (a) (10) 19/1 19/6 10 CFR 9.104 (a) (10) .

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kn Samuel J.D ilk m

Sedretary of the Commissic '

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y 8108100 3 % THIS DOCUMENT CONTAINS POOR QUAUTY PAGES l ew,,we,...,...% ..,.,w......,,.,,i.,,.,...,-w,%,., .,_,._-,.s. ..,,,5.e..m.., ..,,,m_..,.-,.wm.m..__#...-....,.~...mw,...e.,-m_ . - , , . - - , *

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F 'U. RIuw ACORY COMMISSOCN r

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DISCUSSION OF GENERAL PUBLIC UTILITIES FEDERAL TORT CLALv.

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' CATE: January 28,. 1981 FAGzg: 1 th.ru 19 AT: Nashington, D C.

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l AiDERSON '

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1~ UNITED STATES OF AMERICA 2 NUCLEAR REGULATORY CCMMISSION .

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4 5 DISCUSSION OF GENERAL PUBLIC UTILITIFS S FEDERAL TORT CLAIM 7

8 9 CLOSED MIETING 10 11 Nuclear Regulatory Commiss'icn 1 12 Room 1130 1717 H Street, N. 'i .

13 Washington, D. C.

14 Rednesdayf January.28, 1981 The Commission me t in closed session, pursuant to 15 notice, at 10:05 a.m.

16 BEFORE: . . .

17 JOHN F. AHEARNE, Chairman of the Commission 18 VICTOR GILINSKY, Commissioner PETER A. SRA0 FORE, Commissioner 19 STAFF PRESENT:

20 S. CHILK, SECY 21 L. BICKWIT, CGC H. SHAP.t?, ELD 22 J. MAYNARD, ELD S. EILPEFIN, OGC 23 C. 'J . EEAMEP., CGC 24 25 P00R OR8hAL ALDERSoN REPORTING COMPANY,INC.

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1 E E 0'c I I E I N c s l 1

2 CHAIRMAN AHEARNE: We are. going to have a 3 discussion this morning I think of the General Publ4c

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4 Utilities Federal Tort Claim and I would like a vote to l

5 close under Exemption 10, Civil Action :-roceeding.

6 Any discussion of that motion?

7 ,

(No response.) .

8 CHAIRMAN AHEARNE: All in favor say "Aye." '

9 (Chorus of Ayes.)

10 MR. BICKWIT: I g ue ss bef ore we go 3".y f urther you 11 have got an issue on whether you want minutes er a 12 transcript here. I am indifferent.

COMMISS!CNER BRADFCFOs Well, to the extent this 13 14 is in any way pertinent to Joe 's making up his mind on the 15 subject I would suggest that a transcript night be helpful.

CHAIRMAN AMEARNE: That is right, a transcript 16 17 would be good.

18 Do you have a preference?

19 MR. SICKWIT: I would a recommend a transcript.

CHAIRMAN AHEARNE: A31 righ t.

20 ZR. 9ICKVIT The way we are going to divide this 21 22 up is that our office will go first because Bill did the 23 basic draf ting of this memo and we will attempt to deal very 24 briefly with the va rious suggestions that have been made.

25 CHAIR!AF AHEARNE: Will you answer my questions, ALDER $oN REPORTING COMPANY,INC,

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' 1 . too ?

2 R . : B I C K '4 I T : '. Yes,- and we ' will try to answer your. -

3 questions also.- If.Howard and Jay want to add - sometting 4 then'they will do it right after we are finished.

5 First, with respect to' Joe's point, I think I can 6 say that 'our. of fice f eels very strongly tha t the' current  ;

7 procedures are not designed for a case of this magnitude. ,

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f 22 COENISSIONEE GILINSKY4 And we can't afford the 23 risk of havina Howard grab the claim.

24 (Laughter.)

25 ME. SHAPAR: I will speak to thst right new. I ALDER $oN REPORTING COMPANY. INC,

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1 MR. BICKWIT Joe said-that you were tempted to go 2 that way. That was the basis f or your recommendation.

3 (la ugh te r. ) .

4 MR. BICKWIT Then further alonc those lines I 5 think the Commission is going to be thinking about just what 6 is voing to happen with respect to Met. Ed.'s legislative 7 efforts involving bail-out. I think it is going to want to 8 square whatever it does here with whatever position it takes 9 or fails to take on that issue and again the Commission to speaking directly will better facilitate that kind of 11 reconciliation.

! 12 COMMISSIONER GIIINSKY: You are nov saying the l

13 Commission is' going to deal with it?

14 MR. BICKWIT I think it is absolutely essential 15 the Commission deal with it.  ! think it should not be CGC 16 and it should not be E1D. I guess my feeling is that if the 17 Commission is suited to deal directly with anything ---

18 CHAIBMAN AHEARNE: Oh, now, wait a minute, len, 19 you are raising thresholds.

l 20 (laughter.)

21 MR. FICKWIT: It follows that this is the issue.

22 MR. SEAPA3s I would add something to that. I 23 agree with what len says, but really the procedure you pick 24 isn 't going to make all tha t nch difference.

CHAIEMAN AHEARNE: Absolutely.

25 ALDERSoN REPORTING COMPANY. INC.

5 1 MR. SHAPAR: For tne reason' that if I do it,.I am 2 not about to make a decision .vithout coming to you.

3 CHAIRMAN AHEARNEs Of course.

4 MR. SHAPAR4 If Len: vere to do it, I am sure that 5 the same result would obtain. If we do it join tly , . we are -

6 not about to make a move without coming to you first.

7 CHAIRMAN AHEARNEs Of course.

8 MR. SHAPAR So all . ve are . talking about now is -

9 who you are appointing as the' designate to write a paper 10 tha t is going to come back to you anyway.

11 CHAIRMAN AHEARNEs Right.

12 MR. SICKWITs My response to that is that.I think 13 the Commission should speak to it. I don't think it is -

14 sufficient for the Commission to guide you.or to guide me.

l l 15 I think the Commission must express itself in writing.

16 CHAIRMAN AHEARNE: I think the only issue is, and 17 I think we all agree on where that' vill come out, is when 10 the paper is signed it is signed in behalf of whom.

19 Realistically, as Howard was pointing out, it is a 20 matter of who signs it. The position would be taken only 21 after ve agree to it.

22 MR. BICKWITs I understand tha t.

23 CHAIRMAN AHEARNEs It would be a directed 24 position. So the only issue then is civen that it is going 25 to be a directed position wh=t is the formal prccess to qst 1.

ALDER $oN REPORTING CoWPANY,INC.

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1 to th at directed position.

2 33. EICKWIT: All right. iet me just make one 3 further point. There are many basic position which the 4 members of this Commission don't agree on.

5 (Laughter.)

6 MR. BICKWIT4 It is much easier if it is elevated 7 to the Commission level for its sense to be written up.

8 CHAIRMAN AHEARNE: That is true.

9 COMMISS!CNEE GII!US Y: Well, the re is also a 10 difference between an officer of the Commission dealing with.

11 this case on the basis of cuicance that he got. Signing is 12 a decision made in his office.

13 CHAIRMAN AHEARNE: Sure. I just want to make it j 14 clear that I come out on the side of the Commission ought to 15 do it. I just want to make it clear that it wasn't because  !

16 in any of the other ways the Commission wouldn't be doino 17 it. I any big issue the Commission has a part in it.

18 MR. SHAPAR:

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ALDER $oN REPORTING COMPANY,INC,

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2 3 CHAIRMAN AHEARNE: j t

4 33. SHAPAR: '

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6 CHAIBMAN AHEARNE:

7 COMMISSIONER BRADFORD:

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9 MR. SHAFAR:

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1?, 1 16 CHAIRMAN AHEARNE; 17  ;

18 19 20 21 22 23 COMP.1SSIO3ER BRADFORD:

24 25 ALDERSON REPORTING COMPANY INC,

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2 3 CHAI?. MAN AHEARNE: ,

4 5~ COMMISSI0iiIn BRAtFORC4 6

7 8' CHAIEMAN AHEARNE:

9 10 11 f.E. SHA?AF 12 13 14 15 CHAIP. MAN AHEARNE:

16 17 l 18 19 20 COMMISSIONER GILINSKY:

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ALDERSON REPORTING COMPANY. !NC.

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1 1 MR. BICKWIT:

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i 2 i 3 COMMISSIONER GILINSXI: ,

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6 7 3R. SHA?AR:

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9 10 i 11 12 13 14 15 CHAIRMAN AHEARNE: 1 16 17 18- MR. BICXVIT:

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. 25 ALDEASON REPORTING COMPANY. INC, 1

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1. COMMISSIONER GILINSKY:

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3 CHAIP. MAN A HE AR.9 E :

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5 6 COMMISSIONER GILINSKY 7

8 MR. BICKWITs 9

10 11 12 13 14 15 16 17 ER. SHAPAR:

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8 9 MR. SHAPAR: a I

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17 CHAIRMAN AHEARNE:

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23 COMMISSIONEF GIIINSKY:

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1 CHAIRMAN AHEARNE:

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10 11 12 COMMISSIONER GIIINSKY:

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14 15 3 16 CHAIRMAN AHEARNE:

17 18 19 20 COMMISSIONER GILINSKY 21 22 CHAIEMA.i AEEARNE:

23 COMS.!SSIONER GI1!NSKY: ,

24 25 CHAIIMAS AREARFEs AL.DERSON REPORTING COMPANY,INC,

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1 2 COMMISSIGNER GILINSKYs 3

4 CHAIRMAN AHEARSEs 5 MR. BICKHIT:

6 COMMISSIONER GILINSK!:

7 8 MR. SHAPAR:

9 10 MR. BICKWIT:

11 12 13 14 15 16 MR. BICKWIT .

17 18 MR. SHAPAR:

19 20 CHAIRMAN AHEARNE:

21 22 XR. EICKWIT Yes. Now, you made one other 23 suggestion which wec to involve CPE.

24 CH'!R%AN AHEARFEs 25 ALDERSON REPORTING COMPANY. INC,

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1 COMMISSIONER GILINSKYa Put the whole thing.under 2 an executive director so there is one person who is

.3 coordinating all-these various efforts.

4 CHAIRMAN AHEARNE I guess I would prefer to have 5 Len do it.

6 MR. BICKWITs 7

8 MR. SHAPARs 9 35. EICKWIIs 10 11 MS. SHAPAE 12 13 14 15 16 17 18 19 20 21 CHAIRMAN AREARNEa 22 ,

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.25 MP. SHAPA?a ALDERSoN REPORTING COMPANY,INC,

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3 CHAIPMAN AHEARNE:

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-6 MR. SHAPABs 7 %E. REAMEPs 8

9 10 CHAI? MAN AHEARNE:

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12 X?. SHAPAR4 13 14 15 CHAIRMAN AREARNE:

16 17 MR. BICKWIT:

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19 CHAIRMAN AHEARNEs All right.

20 MR. BICKWITs Those considera tion aside, I think 21 it would be an advantage te involve OPT.

l 22 CHAIRMAN AHEARNE:

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25 1R. EICKWIT: This censideration aside, ! veuld I

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J 16 i 1 say it ought to be a three-pronged effort and that would be i 2 my view.

3 CHA!EMAS AHEARNE4 Under you, all right?

4 XR. PICKWIT Well, all righ t.

5 CHAIPMAN AHEARNEs There has to be one person in 6 charge.

7 M P . E!CK'4IT I don't see why there has to be.

8 (Laughter.)

9 CHAI? MAN AHEA?XI: I: verks better that way.

10 MF. 3ICK *4IT s It is an issue ve have discussed.

11 CHAI? MAN AHEARNE: Ye s .

l 12 C0"MISSIONEB BRADFCED: '

13 14 15 16 17 18 19 2R. SHAPARs 20 21 COMMISSIONER BRADFCED:

22 23 24 25 ALDERSoN REPORTING CoWPANY,INC,

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2 3 YR. B I C K 'a'! T : ,

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9 10 11 12 CHAIR!AN AHEARNE:

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19 20 21 22 23 24 25 ALDERSON REPORTING COMPANY,INC,

18 1 COMMISSIONE? BRADFORD 2

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4 CHAIRMAN AHEARNEs 5

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8-9 ME. SHA?AEs ,

10 11 12 13 CHAIEMAN AHEAENE:

14 15 COMMISSIONEE GILINSKY:

16 CHA!? MAN AHEARNE:

17 18 19 20 21 22 COMMISSICNER GILINSKYs ,

i-23 e 24 25 CHAI?MA" AHEAFNE:

I ALDERSON REPORTING COMPANY,INC, 1%T$N.S.@. M4 (@p 554. 2345_,__,_ __

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t 1 COMMISSIONER GILINSKY:

2 3 CHAIRMAN AHEARNE:

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6 7 C3XF.ISSIONER GILINSKYs I think we had'better stop 8 there.

9 (Lauchter.)

10 CHAIEMAN AHEARNE: !s there a g ree rce n t thcugh to go 11 ahead?

12 5R. BICKWIT: Yes.

13 CHAIRMAN AHEARNE: Fine. *All right.

14 Any rebuttals?

15 MR. SHAPAR: No. As far as OPE is concerned 16 whoever you want to handle it on it they would obviously see 17 the thing, too, and work on it.

18 CHAIRMAN AHEARNS: Yes.

I (Whereupon, at 10:30 a.m., the closed meeting 19 l

20 concluded.)

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l 24 25 ALDERSON REPORTING COMPANY,INC, qUL%LTfyinyyyf4JiSL WMHINSTRN, @,@, M4 (202) 554 2345 _ _ ., ._

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) NUCLIAR REGULATORY CO.W.CSSICN This is 00 Oertif*/ that the attached precaedings before the CLOSED MEETING 4

. w- .h . ::t a ..w e, e w ..

DISCUSSION OF GENERAL PUBLIC UTILITIES FEDERAL TORT CLALM Cate cf Proceeding: January 28, 1981 Docket liumb er:

Place of Proceeding: Washington, D. C.

ware held as herein appears, and tha this is the original transcriig '

therecf for the file of the C ==ission., .

Mary C. Simons Cfficial ?.eper:er (T/pec) i l

W W cfficial asper:er (signature) 1 l

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