ML20136E520
| ML20136E520 | |
| Person / Time | |
|---|---|
| Issue date: | 11/14/1985 |
| From: | NRC COMMISSION (OCM) |
| To: | |
| References | |
| REF-10CFR9.7 NUDOCS 8511210506 | |
| Download: ML20136E520 (11) | |
Text
1 ORIGINAL
~
UNITED STATES OF AMERICA
(
NUCLEAR REGULATORY COMMISSION 1
In the matter of:
COMMISSION MEETING Affirmation / Discussion and Vote (Public Meeting)
Docket No.
Location: Washington, D.
C.
Date: Thursday, November 14, 1985 Pages:
1-7 OS112(Qj$R PDR pkh. 7 ANN RILEY & ASSOCIATES Court Reporters 1625 I St., N.W.
Suite 921 Washington, D.C.
20006 (202) 293-3950
.e 1
D I SCLA I M ER 2
3 4
5 6
This is an unofficial transcript of a meeting of the 7
United States Nuclear Regulatory Commission held on Thursday, 8
Novercber 14, 1985-in the Commission's office at 1717 H Street, 9
N.W.,
Washington, D.C.
The meeting was open to public 10 attendance and observation.
This transcript has not been 11 reviewed, corrected, or edited, and it may contain 12 inaccuracies.
g 13 The transcript is intended solely for general 14 informational purposes.
As provided by 10 CFR 9.103, it is 15 not part of the formal or informal record of decision of the 16 matters discussed.
Expressions of opinion in this transcript t
17 do not necessarily reflect final determination or beliefs.
No i
18 pleading or other paper may be filed with the Commission in 19 any proceeding as the result of or addressed to any statement 20 or argument contained herein, except as the Commission may 21 authorize.
22 23 24 25
I 1
UNITED STATES OF AMERICA 2
NUCLEAR REGULATORY COMMISSION 3
4 AFFIRMATION / DISCUSSION AND VOTE 5
6 PUBLIC MEETING 7
8 Nuclear Regulatory Commission 9
Room 1130 10 1717 "H"
- Street, N.W.
11 Washington, D.C.
12 13 Thursday, November 14, 1985 14 15 The Commission met in open session, pursuant to 16 notice, at 4:37 o' clock p.m.,
NUNZIO J.
PALLADINO, Chairman of 17 the Commission, presiding.
18 19 COMMISSIONERS PRESENT:
20 NUNZIO J.
PALLADINO, Chairman of the Commission 21 THOMAS M.
ROBERTS, Member of the Commission 22-JAMES K.
ASSELSTINE, Member of the Commission 23 FREDERICK M.
BERNTHAL, Member of the Commission 24 LANDO W.
- ZECH, JR.,
Member of the Commission 25
2 1
STAFF AND PRESENTERS SEATED AT COMMISSION TABLE:
2 S.
CHILK 3
H.
PLAINE 4
A.
BATES 6
7 8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
3 1
CHAIRMAN PALLADINO:
Please come to order.
This is 3
an attirmation/ discussion session.
I apologize for the 4
delay.
We are I guess about an hour late but nevertheless 5
let's proceed through the items that are on the agenda.
6 SECRETARY CHILK:
The first item on the agenda, 7
Mr. Chairman, which was on the schedule is85-322.
It is a 8
tinal amendment to 10 CPR 50.12 entitled, " Specific 9
Exemptions."
10 In this paper the Commission is asked to approve for 11 publication final revisions of the criteria set forth in 10 12 CFR 50.12(a) for granting exemptions from the requirements of 13 the 10 CFR Part 50.
The revisions being made would authorize 14 the Commission to grant exemptions which are authorized by law 15 which will not present undue risk to the public health and 16 safety, are consistent with the common defense and security 17 and are justified by special circumstances.
18 The Chairman, Commissioner Roberts, Commissioner 19 Bernthal and Commissioner Zech have approved the revised rule 20 with a majority of the Commission agreeing to modifications 21 indicated on the attached pages 31, 51, 60 and 65.
22 Commissioner Asselstine approves in part.
He disapproves in 23 part.
His disapproval is to the addition on page 33 and the 24 tailure of the Commission to include his changes on pages 56, 25 50 and 66.
~
4 1
Would you please affirm your votes?
2 COMMISSIONER BERNTHAL:
Let me ask a question since 3
I have been out of town anc I guess some of the rest of you 4
have, too.
There is one piece of language here that got 5
reinserted not withstanding the issue and point that I had 6
raised in my comments on it and I am just curious whether 7
anyone can explain what the rationale is here.
8 That language was, "The Commission will permit 9
temporary non-compliances 11 appropriate under sections 10 SU.12(a) or 50.57(b)."
11 That is a bird that I don't think we have, isn't 12 it?
What is a temporary non-compliance?
Aren't we creating a 13 whole new category here?
I don't know what a temporary 14 non-compliance is?
It is something that I think is new, is it 15 not?
16 Does anybody want to answer it?
17 MR. BATES:
It was an addition that Chairman 18 Palladino proposed.
19 COMMISSIONER BERNTHAL:
Yes, I know but I don't 20 quite understand it.
21 COMMISSIONER ASSELSTINE:
I had thought that the 22 objective was simply to recognize that you might not be in 23 compliance for short periods of time and that this would 24 basically be a schedular exemption under 50.12.
That is what 25 I thought Joe had in mind on it and I didn't have too much
5 1
difficulty with that myself.
2 COMMISSIONER BERNTHAL:
I see.
So it references the 3
next sentence.
4 COMMISSIONER ASSELSTINE:
This page here.
That's 5
right.
I think that is what it references.
6 CHAIRMAN PALLADINO:
Yes.
?
COMMISSIONER BERNTHAL:
Why wouldn't we then say l
8
" permit temporary schedular non-compliances?"
9 CHAIRMAN PALLADINO:
It it is non-compliance and it i
10 is temporary, I guess it is schedular.
11 COMMISSIONER BERNTHAL:
Is temporary non-compliance 1
12 by definition schedular non-compliance?
Maybe it is.
13 CHAIRMAN PALLADINO:
That was the intent.
14 COMMISSIONER ASSELSTINE:
I think that was the 1
15 intent.
I wouldn't have any problem if you wanted to put 16 schedular in before non-compliances but it doesn't matter to 17 me.
18 SECRETARY CHILK:
Would the Commission then attirm 19 its votes indicated previously?
20 (Chorus of ayes.)
21 SECRETARY CHILK:
The next two items deal with 22 orders regarding environmental qualification extensions, one 23 for Nine Mile Point and one for Brunswick.
Before the i
24 Commission votes on it, I need to ask for a vote on holding 25 this on less than a week *s notice.
6 1
(Chorus of ayes.)
2 SECRETARY CHILK:
The first paper is 319-A dealing 3
with an order regarding environmental qualification extension 4
of the November 30 deadline for Nine Mile Point Nuclear Power 5
Station, Unit-1.
6 The Commission here is being asked to approve an 7
order which responds to a request by Niagara Mohawk Power I
8 Corporation for an extension of the November 30, 1985 9
environmental qualification deadline.
10 The Chairman, Commissioners Asselstine, Bernthal, 11 Roberts and Zech have approved the order granting an extension 12 of the deadline to the next outage of suiticient duration to 13 install the equipment but not later than March 30, 1986.
The 14 Commission also agreed to some modification as suggested by 15 Commissioner Asselstine.
16 Would you please attirm your votes?
4 17 (Chorus of ayes.)
l 18 SECRETARY CHILK:
The last one is 85-321-A.
It is 19 an order regarding environmental qualification extension of 20 the deadline for Brunswick.
21 The Commission here is being asked to approve an 22 order responding to a request by the Carolina Power and Light 23 Company for an extension of the November 30, 1985 equipment 24 qualification deadline for Brunswick Unit Number 2."
25 The Chairman, Commissioners Zech, Asselstine and l
l l
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?
1 Bernthal'have approved the order which denies the request for 2
extension.
Commissioner Robert.s disapproves.
i 3
Would you please allirm your votes?
t 4
(Chorus of ayes.)
S SECRETARY CHILK:
Thank you.
6 CHAIRMAN PALLADINO:
Anything more to come before us 7
at this meeting?
8 SECRETARY CHILK:
I have nothing further, 9
Mr. Chairman.
10 CHAIRMAN PALLADINO:
All right.
Then thank you.
We 11 will stand adjourned.
4 12 (Whereupon, the Commission meeting was adjourned at 13 4:43 o' clock, to reconvene at the Call to the Chair.)
14 1$
16 17 l
18 19 20 21' 22 23 24 25 i
.c
1 CERTIFICATE OF OFFICIAL REPORTER 2
3 4
5 This is to certify that the attached proceedings 6
before the United States Nuciear ReguIatory Commission in the
't matter of.
COMMISSION MEETING e
9 Name of Proceeding: Affirmation / Discussion and Vote (Public Meeting) 10 11 Docket No.
12 Place: Washington, D.
C.
13 Date: Thursday, November 14, 1985 14 15 were held as herein appears and that this is the original 16 transcript thereof for the file of the United States Nuclear 17 Regulatory Commission.
13 (Signature)
%g
,g (Typed Name of Report'er)
Marilynn Nations 20 21 22 23 Ann Riley & Associates. Ltd.
24 25
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