ML20140B275

Transcript of Afternoon Session of 851218 Public Meeting in Washington,Dc Re Affirmation/Discussion & Vote

ML20140B275
Person / Time
Site:	Three Mile Island
Issue date:	12/18/1985
From:	NRC COMMISSION (OCM)
To:
References
REF-10CFR9.7 NUDOCS 8601240052
Download: ML20140B275 (10)

Text

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....s,i Transcript of Proceedings

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A g, / NUCLEAR REGULATORY COMMISSION [

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l In the Matter of: :i i

COMMISSION MEETING Affirmation / Discussion and Vote (Public Meeting)

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Location: Washington, D.C.

Date: Wednesday, December 18, 1985 e

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'i Prepared by:

i Office of the Secretary 8601240052 851218 ,

PDR 10CFR PT9.7 PDR i

e I DISCLAIMER 2

3 4

5 6 This is an unofficial transcript of a meeting 7 of the United States Nuclear Regulatory Commission held on 8 12/18/85 in the Commission's office at 1717 H Street, j

9 N.W., Washington, D.C. The meeting was open to public l 10 attendance aad observation. This transcript has not been 11 reviewed, corrected, or edited, and it may contain 12 inaccuracies.

13 This transcript is intended solely for general l g 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 37 do not necessarily reflect final determination or beliefs. No

, 18 P l eading or other paper may be filed with the Commission in 39 any proceeding as the result of or addressed to any statement 20 r argument contained herein, except as the Commission may authorize.

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j UNITED STATES OF AMERICA 2 NUCLEAR REGULATORY COMMISSION 3

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AFFIRMATION / DISCUSSION AND VOTE PUBLIC MEETING 7

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Nuclear Regulatory Commission i

m 0 10 y3 1717 "H" Street, N.W.

Washington, D.C.

13 Wednesday, December 18, 1985 g

15 The Commission met in open session, pursuant to notica at 3:30 o' clock p.m., NUNZIO J. PALLADINO, Chairman of the Commission presiding.

COMMISSIONERS PRESENT:

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! NUNZIO J. PALLADINO, Chairman of the Commission 20 THOMAS M. ROBERTS, Member of the Commission i

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, JAMES K. ASSELSTINE, Member of the Commission 22 FREDERICK M. BERNTHAL, Member of the Commission 23 LANDO W. ZECH, JR., Member of the Commission 24 25

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. 2 I STAFF AND PRESENTERS SEATED AT COMMISSION TABLE:

2 A. BATES I

! 3 T. ROTHSCHILD i

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PROCEEDINGS 3

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l CHAIRMAN PALLADINO: This is an affirmation 2 discussion session. We have one item still to cover today..

3 I'll ask the Secretary to lead us through the item.

4 MR. BATES: Mr. Chairman, before we do this 5 we do have to do this on a short notice vote because for the 6 same reason as this morning; the agenda did not get posted a 7 full week in advance. So I ask you to vote to do this on 8 short notice. The issue is the Arnold and Wallace SECY 9

paper 85-148A.

10 (All said Aye) gj MR. BATES: The Commission is being asked to act 12 n an order responding to a March 28, 1985 request from Mr. Bob j3 Arnold and Mr. Edward Wallace for a hearing to determine whether jg the adverse implications about their integrity drawn by the staff and the OI in connection with the TMI-l restart proceec'.g 15 are fa tually substantiated.

16 j7 Chairman Palladino and Commissioners Roberts and Ze h have approved an order with modifications by Chairman 18 jg Palladino and Commissioner Zech. The order asks interested 20 persons, particularly parties to the TMI-l restart proceeding 21 and the NRC staff to submit comments addressing a number of 22 questions related to the December 5, 1979 response of 23 Metropolitan Edison Co. to NRC's October 25, 1979 Notice of 24 Violation. If, based on information provided, the Commission 25 determines that there is information which could form a

a o 4

] reasonable basis for concluding that either Wallace or Arnold 2 willfully, knowingly, or with a reckless disregard of the truth made a material false statement to the NRC, it will consider 3

4 initiating an adjudicatory hearing to resolve whether to retain the notification requirements in CLI-85-2. If the ,

5 determination is to the contrary, the Commission intends to 6

issue an order lifting the notification requirement imposed in 7

g CLI-85-2. Commissioner Bernthal has agreed with the order in g

regard to the Notice of Violation but disagrees with a portion g of the discussion in the order and has additional views.

Commissioner Asselstine also approved the overall approach of jj the order but disagreed with specifics in the order and has provided separate views.

COMMISSIONER BERNTHAL: I just wanted to make g

15 the comment that the'aivice of our Counsel, Mr. Ed Fay, not 16 withstanding, I think that (laughter) it is an unusual period 37 and I think we would be seen as being unfair if we hit them 33 with a thirty day period beginning now. There are two back to back holidays and I don't think anybody in this room is going 39 20 to do very much.

COMMISSIONER ZECH: I don't feel strongly about 21 it either way, frankly.

22 COMMISSIONER BERNTHAL: It'.s purely a question 23 g of legal - is there - as no legal import and no question of fairness at all then it doesn't matter but it amounts to

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j 15 days and that strikes me as being pretty short. And, if 2

that's long enough, fine.

CHAIRMAN PALLADINO: Your proposal was to add 3

g 15 days to the period.

COMMISSIONER BERNTHAL: Since we're doing it 5

n w I thought -- hitting them at this time with 30 days 6

means they've got two weeks in effect unless'they're more 7

diligent than most of us are, 8

CHAIRMAN PALLADINO: Well, if the majority g

would go with 45 days, I'd be willing to --

COMMISSIONER BERNTHAL: It doesn't - it's no big deal it me, I just --

COMMISSIONER ZECH: It's not to me either.

I would ordinarily think we ought to stick to our thirty days but again I don't feel that strongly about it. Personally, 30 days is fine with me but if Fred feels that 15 is worth it that's enough for me.

COMMISSIONER BERNTHAL: It's a question of fairness Lando. I --

19 COMMISSIONER ZECH: I'd support that view, I 20 really would. If you feel that way about it.

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COMMISSIONER BERNTHAL: Is there a legal question of fairness here?

MR. ROTHSCHILD: You can give them any time g

you want, (blank) any reasonable time, I assume anything

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6 I less than 30 days someone could argue didn't give them 2 enough time --

3 COMMISSIONER BERNTHAL: Well, that's precisely 4 my point. No one could argue that they gave us 30 days and 5 everybody knew that this is a period -- I guess that's not 6 a valid legal argument.

7 MR. ROTHSCHILD: Really (blank) use 30 or 45 8 (blank).

g COMMISSIONER ZECH: If Fred feels that way, I'm 10 willing to support him on it. I don't feel that strongly about jj it but if he does, that's good enough for me.

12 COMMISSIONER BERNTHAL: People can always request g3 more time as well.

CHAIRMAN PALLADINO: Yes, that's what I was 34 thinking, 15 g VOICE: Why don't you just pick a date certain.

VOICE: (blank) a date certain.

g COMMISSIONER BERNTHAL: (blank) another 15 days pick a date certain and that's -- that'll be the time.

MR. BATES: The legal assistants had discussed January 24th close of business - now that's approximately 30 days. The question might be --

COMMISSIONER BERNTHAL: That sounds fine.

23 MR. BATES: 15 beyond that --

CHAIRMAN PALLADINO: That sounds fine. That's 25

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. 7 I another week essentially.

2 COMMISSIONER ZECH: Why don't we do that.

3 VOICES: Fine, I'm willing, fine.

4 MR. BATES: January 24th. That gives them 5 3 weeks.

6 Would you affirm the votes?

7 (Chorus of ayes.)

8 CHAIRMAN PALLADINO: Is there anything more g to come before us?

10 The meeting will stand adjourned.

jj (Whereupon, the Commission meeting was 12 adjourned at 3:45 o' clock p.m., to reconvene at the 13 Call of the Chair.)

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