ML20141G072
| ML20141G072 | |
| Person / Time | |
|---|---|
| Issue date: | 04/16/1986 |
| From: | NRC COMMISSION (OCM) |
| To: | |
| References | |
| REF-10CFR9.7 NUDOCS 8604230267 | |
| Download: ML20141G072 (15) | |
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ORIQltl4L UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the matter of:
COMMISSION MEETING Affirmation Meeting (Public' Meeting)
Docket No.
Location: Washington, D.
C.
Date: Wednesday, April 16, 1986 Pages: 1 - 11 8604230267 860416 PDR 10CFR PT9.7 PDR ANN RILEY & ASSOCIATES Court Reporters 1625 I St., N.W.
1 D 1 SCLA I MER 2
3 4
5 6
This is an unofficial transcript of a meeting of the 7
United States Nuclear Regulatory Commission held on 8
4/16/86 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 inaccuracles.
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 colnlon 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 Commission may 21 authorize.
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l' UNITED STATES OF AMERICA 2
NUCLEAR REGUIATORY COMMISSION 3
4 AFFIRMATION MEETING b
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PUBLIC SESSION
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8 Nuclear Regulatory Commission 9
Room 1130 10 1717 H Street, Northwest 11 Washington, D.C.
12
'.13 Wednesday, April 16, 1986 14 15 The Commission met in open session, pursuant.
16 to notice, at 11:10 a.m, the Honorable NUNZIO J. PALIADINO,
-17 Chairman of the commission, presiding.
18 COMMISSIONERS PRESENT:
19 NUNZIO J. PALLADINO, Chairman of the Commission 20 THOMAS M. ROBERTS, Member of the Commission 21 JAMES X. ASSELSTINE, Member of the Commission 22 FREDERICK M. BERNTHAL, Member of the commission 23 LANDO W.
ZECH, JR., Member of the Commission a
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2' 1
STAFF PRESENT AND SEATED AT TABLE:
2 S. Chilk,.SECY 3
H. Plaine, OGC 4
5 AUDIENCE SPEAKERS:
6 M. Malsch 7-8 9
10 11 12 13 14 15 16 17 18 19 20 21 i
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1 PROCEEDINGS 2
(11:10 a.m.)
3 CHAIRMAN PALLADINO:
Good morning, ladies and 4
gentlemen.
This is an affirmation / discussion session.
We 5
have two items on the agenda.
6 I will ask the Secretary to lead us through both 7
items.
8 MR. CHILK:
Before we do that, Mr. Chairman, I need 9
the Commission to vote to hold these on less than one week's 10 notice.
If I can ask for your vote to do that, please.
11 CHAIRMAN PALLADINO:
Aye.
12 COMMISSIONER ZECH:
Aye.
13 COMMISSIONER ROBERTS:
Aye.
14 COMMISSIONER ASSELSTINE:
I will vote ays to hold 15 the 86103 on short notice; I will vote no to hold the other 16 item on short notice.
I think it is a matter of significant 17 public interest.
The concerns about that Order are going to 18 be significant enough without short-circuiting tho Sunshine 19 Act as well.
20 COMMISSIONER BERNTHAL:
I swear I am baffled by the 21 urgency to vote on 109.
I bet there isn't one person, and I 22 count myself, maybe our lawyer at the table here, that 23 understands what is going on here.
24 I just got our Chairman's opinion here within the 25 lat five minutes.
My lawyer is no longer with me for the
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1 moment, and so there is no evaluation here.
I guess I 2
shouldn't tot into substance.
It was never my understanding 3
that the Board's job was to make its own decisions on 4
significance.
I would 7.ike to know what we are voting on, and 5
I don't think we ought to vote under those circumstances.
6 CHAIRMAN PALLADINO:
The reason I thought it was 7
important, the hearing is on May 12th, and if we,want to take 8
any action, we ought to do it before that time, especially if 9
we want to get clarification from the Board, which I think is 10
~ essential, and that was the thrust of my first approval, but 11 recognizing that the others, or a majority did not support me, 12 I felt I couldn't approve it until we got some clarification 13 from the Board on this issue.
14 COMMISSIONER BERNTHAL:
It seems to me the issue 15 boils down to one of whether we follow correctly and strictly 16 proper adjudicatory procedure, or whether we try to fuzz it 17 over because of public interest.
I think that deserves more 18 discussion.
I don't think we should just --
19 CHAIRMAN PALLADINO:
Let me say I am not fuzzing it 20 over, because it is important as to whether or
,the case 21 presented to the Board had enough to support the contention.
22 It is not clear to me how the Board felt about that, 23 and I felt it is important to get a clarification on that, and 24 if we got that clarification, then I would be prepared to vote 25 on the order.
5
-1 If the clarification went in the direction that OGC
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_ indicated,. then I could approve the order, but if it doesn't, 3.
then I could not approve it.
4 COMMISSIONER BERNTHAL:
Well, then, why are we 5
. voting if we don't have --
6 CHAIRMAN PALLADINO:
Mainly so -- my thrust in 7
voting was so that we could go cut and get clarification and 8
still make a decision before May 12th.
9 COMMISSIONER BERNTHAL:
We shouldn't issue an order 10 to the Board, then, if we don't understand what the Board --
11 CHAIRMAN PALLADINO:
Well --
12 COMMISSIONER ASSELSTINE:
I agree with that.
13.
CHAIRMAN PALLADINO:
Well, that is why I changed my 14 vote to disapprove when I found that I didn't get support for 15 this, going for clarification.
16 COMMISSIONER ASSELSTINE:
You have the order that is 17 being proposed today, summarily reverses this once and for 18 all.
i 19 COMMISSIONER BERNTHAL:
But OGC told us it was the 20 right thing to do.
21 MR. MALSCH:
It isn't necessarily May 12th.
22 Prepared testimony is due to be filed on April 28th, so if the l
23 Commission is going to be doing something, it should be doing 24 something, I think, before the 28th.
Certainly before the 25 12th, but I would hope it would also be before the 28th.
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1 COMMISSIONER BERNTHAL:
Well, this is April 16th, 2
and I think we ought to let this one cool a little bit and see 3
what is going on.
4 CHAIRMAN PALLADINO:
Let me say the following:
That 5
if the thrust of my first vote wasn't clear, and my second 6
vote then is something you want to think about, I think we 7
could afford a couple of days.
8 COMMISSIONER BERNTHAL:
I don't need to think about 9
anything.
The problem here is -- the problem is that if the 10 question here is whether we understand the Board -- I thought 11 I understood the Board, but maybe if there is a question about 12 that in the Commission, then the Commission shouldn't vote 13 until we understand it.
14 CHAIRMAN PALLADINO:
But you can't get the Board's 15 information unless you give an order saying clarify your 16 position, and that was the thrust of mine.
17 COMMISSIONER BERNTHAL:
Well, that is very 18 different, then, from a dispositive order on the issue.
19 CHAIRMAN PALLADINO:
Well, that is right.
20 COMMISSIONER BERNTHAL:
Which is what we are voting 21 on.
22 CHAIRMAN PALLADINO:
Well, I don't want to frustrate 23 the thrust of the majority, but you are part of the majority, 24 so I have to listen to you.
25 COMMISSIONER ASSELSTINE:
It depends on whether
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there are three votes to issue a dispositive order.
I would 2
certainly not support such an order.
3 CHAIRMAN PALLADINO:
Yes.
I would not approve the 4
order without clarification from the Board.
So let me 5
suggest and say it sort of changes the thrust of this.
Take a 6
day or two, and see if you would join me in getting this 7
clarification.
I think it can be done promptly, and then when 8
we get that response, then we can vote on the dispositive 9
order.
And if you want, we can still -- on Friday, do we have 10 people here Friday to affirm this if we want to go this way?
11 COMMISSIONER ZECH:
I won't be here.
12 COMMISSIONER BERNTHAL:
It doesn't follow to do 13 this.
If at least some of us here think we don't understand 14 what the Appeal Board meant, then what is to be lost by asking 15 them?
16 CHAIRMAN PALLADINO:
But you have to ask them in an 17 order, and that is what I suggested.
18 COMMISSIONER BERNTHAL:
I guess if we have to 19 order, then we can order.
20 MR. MALSCH:
What you could do, you could ask them 21
-- if you want to take that option -- you could ask them 22 either make the finding or not, and then direct them in the 23 event they can't make the finding on the basis of materials 24 now available, to deny the motion.
25 COMMISSIONER BERNTHAL:
I am not going to vote in
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favor of this based on the apparent uncertainty on what the 2
Appeal Board meant, so I think we ought to just defer this, 3
and see if we can't issue an order asking for what the Appeal 4
Board meant based on the information available to it.
5 CHAIRMAN PALLADINO:
On the basis that Marty would 6
give us a revision, to include the clarification to this 7
point, and could do it by some reasonable period of time, then 8
we could affirm it at a later time.
9 MR. MALSCH:
I could do that this afternoon, I 10 think.
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11 CHAIRMAN PALLADINO:
All right, and we might be able 12 to confirm it by Friday.
Well, then, I withdraw my vote to 13 hold it on less than one week's notice.
14 COMMISSIONER BERNTHAL:
As a procedural matter here, 15 what are we doing?
We are doing a dispository vote on --
16 MR. CHILK:
Don't have a vote to hold it on three 17 days notice.
And it is my understanding you are changing 18 your vote on the dispositive issue, so there is no majority on 19 that, either.
l 20 COMMISSIONER BERNTHAL:
I guess somebody here has 21 got to propose, then, that we take another course of action as 22 an interim step.
23 CHAIRMAN pALLADINO:
Well, the proposal, as I 24 understcod it, was Marty would revise the proposed order, 25 asking for clarification on this point.
9 1
If the clarification goes the way OGC has assumed, 2
then here is what they should do.
If not, I don't know what 3
you say, but I presume you are going to rewrite that order so 4
that it takes care of the clarification, and we will try to --
5 COMMISSIONER BERNTHAL:
I think, Joe, that is not a i
6 vote on SECY 86-109.
That is adding an interim step, and I l
7 think we ought to take a separate action on the interim step, 8
and then based on the information we get from the Board, we 9
ought to vote on 86-109.
Otherwise, it seems to me it gets 10 very complicated.
Does that not make sense?
11 MR. MALSCH:
As I said, we could draft the order, I 12 believe, so it would avoid the need for the Commission to act 13 again.
If we were to instruct the Appeal Board to make the 14 finding one way or the other, in the event they couldn't make 15 the finding of safety significance, we could instruct the 16 Appeal Board, in accordance with established precedent, and l
17 the language of this order, to deny the motion, thereby 18 avoiding the need to come before the Commission again.
3 19 If you want to simpl?y ask for clarification, and 20 have the Commission readdress the issue again, we can do that 21 also, but it is an additional step.
22 COMMISSIONER ASSELSTINE:
Why don't you do both 23 options?
We can look at both options.
24 MR. MALSCH:
We can do it both ways, if you wish.
25 COMMISSIONER ASSELSTINE:
Can you have it to us this
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afternoon?
2 MR. MALSCH:
Yes.
3 COMMISSIONER ASSELSTINE:
Okay.
4 CHAIRMAN PALLADINO:
All right.
And we will try to 5
schedule affirmation as soon as pecple are in.
6 COMMISSIONER ASSELSTINE:
Tomorrow or Friday.
So, 7
we have one issue to address, right, Sam?
8 COMMISSIONER PALLADINO:
Now you want to take a vote 9
on holding it on less than one week's notice.
I think we had 10 better.
11 MR. CHILK:
I think we have already.
Let me just 12 ask the question again.
Would you vote to agree to do the 13 affirmation on 86-103 on less than one week's notice?
14 CHAIRMAN PALLADINO:
Aye.
15 COMMISSIONER ZECH:
Aye.
16 COMMISSIONER ROBERTS:
Aya.
17 COMMISSIONER BERNTHAL:
I guess so.
18 CHAIRMAN PALLADINO:
That is an aye.
19 COMMISSIONER ASSELSTINE:
Aye.
20 COMMISSIONER ROBERTS:
A five-to-nothing vote.
21 Historical.
22 MR. CHILK:
This is a request for a hearing on l
23 amendments to source material licenses.
The Commission is 24 asked to respond to request for hearing on orders issued by 25 Director, NRC Uranium Recovery Field Office, relating to the j
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required implementation of a groundwater monitoring program, 2
to ensure compliance with 40 CFR 192.32.
Chairman Palladino, 3
Commissioners Bernthal, Roberts and Zech have approved the 4
order as attached, which contains modifications proposed by 5
Commissioner Zech.
6 Commissiener Asselstine, while approving the Order, 7
would have preferred the original order without the 8
modifications.
9 The Order directs them to submit a brief for the 10 Commission on a number of legal issues within 30 days, and 11 provide an additional 30 days for EDO to respond.
Will 12 you please affirm your votes.
13 CHAIRMAN PALLADINO:
Aye.
14 COMMISSIONER ZECH:
Aye.
15 COMMISSIONER ROBERTS:
Aye.
16 COMMISSIONER BERNTHAL:
Aye.
17 COMMISSIONER ASSELSTINE:
Aye.
18 MR. CHILK:
Thank you.
19 CHAIRMAN PALLADINO:
Anything more to come before us 20 at this session?
I guess now we will stand adjourned, and we 21 are ready for agenda planning.
22 (Whereupon, the hearing concluded at 11:20 a.m.,
23 April 16, 1986.)
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REPORTER'S CERTIFICATE 3
4 This is to certify that the attached events of a 5
meeting of the U.S. Nuclear Regulatory Commission entitled:
6 7
TITLE OF MEETING:
Affirmation Meeting 8
PLACE OF MEETING:
Washington, D.C.
9 DATE OF MEETING:
Wednesday, April 16, 1986 10 11 were held as herein appears, and that this is the original 12 transcript thereof for the file of the Commission taken 13 stenographically by me, thereafter reduced to typewriting by 14 me or under the direction of the court reporting company, and 15 that the transcript is a true and accurate record of the 16 foregoing events.
17 18 d
Garrett J. Walsh, Jr.
19 20 21 22 Ann Riley & Associates, Ltd.
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