ML20138P859
| ML20138P859 | |
| Person / Time | |
|---|---|
| Site: | 05000000, Shoreham, Crane |
| Issue date: | 12/18/1985 |
| From: | NRC COMMISSION (OCM) |
| To: | |
| References | |
| REF-10CFR9.7 NUDOCS 8512260307 | |
| Download: ML20138P859 (9) | |
Text
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ORI8iNAL
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UNITED STATES OF AMERICA
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NUCLEAR REGULATORY COMMISSION In the matter of:
COMMISSION MEETING Affirmation / Discussion and Vote (Public Meeting)
Docket No.
(
Location: Washington, D. C.
Date: Wednesday, December 13, 1985 Pages:
1-5 0512260307 e51218 PDR 10CFR PT9.7 PDR ANN RILEY & ASSOCIATES Court Reporters 1625 I St., N.W.
m \\p Suite 921 V
7\\
Washington, D.C.
20006
/
(202) 293-3950
1 O I SCL A I M EP 2
3 4
5 6
This is an unofficial transcript of a meeting of the 7
United States Nuclear Regulatory Commission held on a
12/18/03 in the Commission's office at 1717 H Street, 9
N. tJ., tJa sh i ng t on,
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.
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 cpinion in this transcript 17 do not necessarily reflect final determination or beliefs.
No 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 Ccmmission may i
21 authorire.
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24 i
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I 1
1 UNITED STATES OF AMERICA i
2 NUCLEAR REGULATORY COMMISSION 1
I 3
4 AFFIRMATION / DISCUSSION AND VOTE i
5
- x l
6 PUBLIC MEETING l
7 8
Nuclear Regulatory Commission
'9 Room 1130 10 1717 H Street, Northwest 11 Washington, D.C.
l l
-12 Wednesday, 18 December 1985 l
I
.13.
l 14 The Commission met in open session, pursuant to l.
15 notice, at 11:45 a.m.,
the Honorable NUNZIO J.
PALLADINO, l
f 16-Chairman of the Commission, presiding.
I 17 COMMISSIONERS PRESENT.
i 18 NUNZIO J.
PALLADINO, Chairman of the Commission
[
19 THOMAS M.
ROBERTS, Member of the Commission
(-
20 JAMES X.
ASSELSTINE, Member of the Commission 21 LANDO W.
- ZECH, JR.,
Member of the Commission i
I 22 23 Stati present and seated at Commission table:
24 S.
CHILK
~~
25
2 1
P R O C E E D I N O S 2
CHAIRMAN PALLADINO:
I will now convene the 3
affirmation discussion session and ask the Secretary to lead 4
us through the items on the agenda.
5 MR. CHILK:
Before we do that, Mr. Chairman, I must 6
ask the Commission to vote to hold this on less than one
'l week's notice.
The memorandum was on schedule, but we are e
doing the attirmation one day earlier, so it hasn't been on a 9
full week.
10 COMMISSIONER FFCH:
Aye.
11 COMMISSIONER ROBERTS:
Aye.
12 COMMISSIONER ASSELSTINE:
Aye.
13 CHAIRMAN PALLADINO:
Aye.
14 MR. CHILK:
The first one is SECY 85-391 It is a 15 petition for review of an Appeal Board decision on the Shoreham 16 emergency planning and legal authority issues.
I '/
Here the Commission is being asked to respond to a 18 petition from the Long Island Lighting Company to review an 19 Appeal Board decision, ALAB 818, which attirmed the Licensing 20 Board decision holding that Federal law did not preempt New 21 York State legal limits on LILCO*s authority to implement 22 certain features of its emergency plan for Shoreham.
23 Secondly, nolding that a likely Suttolk County 24 response to the actual emergency would not satisfy MRC 2t Emergency Planning Regulations.
That was a realism issue.
3 1
And thirdly, rejecting LILCO*s argument that certain 2
of the functions that it purported cannot perform because of 3
New York law are not required by MRC Regulations.
4 Commissioners Roberts, Eernthal and Zech have 5
approved an order indicating the Commission will take review 6
of the ALAE, but will deter briefing and decision until the 7
Appeal Board has reviewed all currently pending emergency 8
planning issues.
9 The Chairman and Commissioner Asselstine have 10
' disagreed.
They would take review and decide the preemption 11 issues as soon as possible.
12 Commissioner Asselstine will have separate views.
13 Commissioner Bernthal is r.o t here to attirm his 14 vote.
He is a member of the majority.
And therefore, 13 Commissioner Asselstine, a member of the minority, has agreed 16 to sit out, to abstain in this affirmation so that the will of 17 the majority can prevail 18 Will you please attirm your votes.
19 COMMISSIONER 2ECH:
Aye.
20 COMMISSIONER ROBERTS:
Aye.
21 CHAIRMAN PALLADINO:
Aye.
22 MR. CHILK:
Second is SECY 86-241(A) which is a 23 notice of hearing on a TMI-2 leak rate data falsification.
24 In an order issued back in February the Commission' 20 stated it would institute a separate hetring to develop the n
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4 1
facts surrounding the reactor coolant system leax rate data, 2
falsification, at TMI-2 prior to the March 28,
'79 accident in 3
sufficient detail to determine the ultimate status of those 4
likely involved, including those segregated from TMI-1 and 5
those now working in other facilities.
6 In this. paper the Commission is asked to act on the 7
order that specifies the procedures which will govern that 8
separate hearing, 9
Chairman Palladino, Commissioners Roberts and Zech 10 have approved the order with modifications by the Chairman and 11 Commissioner Zech which establishes a three-person board to 12 preside over the hearing.
The hearing to be a legislative 13 format designed solely to gather information and to-issue 14 recommended decision setting forth facts i n order for the 15 Commission to determine what action it will take.
16 Commissioners Asselstine and Bernthal have 17 disapproved.
They will both have separate views.
18 Wo*J1d you please affirm your votes.
19 COMMISSIONER ASSELSTINE:
Aye i
20 COMMISSIONER ZECH:
Aye.
21 COMMISSIONBR HOBERTS:
Aye.
22 CHAIRMAN PALLADINO:
Aye.
23 Md. CHILK:
Thank you.
24 The third paper I might mention that was on the 25 agenda is not ready.
But, 11 it is ready by agenda planning i
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1 timo this attornoon, I woQld propose to bring it before the 2
Commission at that time.
3-CHAIRMAN PALLADINO:
Thank you.
4 ~
Anything further to come before - us at this time?
5 COMMISSIONER ZECH:
No.
6 COMMISSIONER ASSELSTINE:
No.
?
COMMISSIONER ROBERTS:
bo.
8 CHAIRMAN PALLADINO:
Thank y c-all 9
We will stand adjourned.
10
[Whereupon, at 11:49 a.m.,
the meeting of the 11 Commission was adjourned.J i
12 g 3-14 15-16 17 1B 19 20 21 22 23 24 25
1 CERTIFICATE OF OFFICIAL REPORTER
-2 3
4 5
This ia to cartify that the attached proceedings 6
before the United States Nuclear Regulatory Commission in the 7
matter of:
COMMISSION MEETING 8
9 Name of proceeding: Affirmation / Discussion and Vote (Public Meeting) 10 11 Docket No.
12 Place: Washington, D.
C.
13 Date: Wednesday, December 18, 1985 14 15 were held as herein appears and that this is the original 16 transeript thereof for the file of the United States Nuclear 17 Regulatory Commission.
18 s
. ' ~O7 (Signature)
/,, t. <,,,.. ;
/,A, e,
s-i 3g (Typet Name of Reporter) Mimie Maltzer 20 21 22 23 Ann Riley & Associates, Ltd.
04 25
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