ML20203F809

Transcript of 860423 Affirmation/Discussion & Vote in Washington,Dc on SECY-86-16,SECY-86-16A & SECY-86-117. Pp 1-4

ML20203F809
Person / Time
Site:	Braidwood
Issue date:	04/23/1986
From:	NRC COMMISSION (OCM)
To:
References
REF-10CFR9.7 NUDOCS 8604280077
Download: ML20203F809 (8)

Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 1

In the matter of:

COMMISSION MEETING Affirmation / Discussion and Vote (Public Meeting)

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Docket No.

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Location: Washington, D. C. 1_4 Date: Wednesday, April 23, 1986 Pages:

8604280077 860423 PDR 10CFR 6 PT9.7 PDR

, ANN RILEY & ASSOCIATES Court Reporters 1625 I St., N.W.

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1 D I SCLA I M ER 2

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5 6 This is an unofficial transcript of a meeting of the 7 United States Nuclear Regulatory Commission held on e 4/23/86 . 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 inaccuracies.

13 The teanscript 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 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.

22 23 24 25

1 1 UNITED STATES OF AMERICA 2 , NUCLEAR REGULATORY COMMISSION 3 jE '

4- ------

5 Affirmation / Discussion and Vote

, 6 ------

7 8 Public Meeting 9 ------

10 11 1717 H Street, N.W.

12 Room 1130 13 Washington, D.C.

14 Wednesday, April 23, 1986 15 16 The Commission met in public session, pursuant to 17 notice, at 3:35 p.m., the Honorable Nunzio J. Palladino, 18 Chairman of the Commission, presiding.

19 COMMISSIONERS PRESENT:

20 Nunzio J. Palladino, Chairman of the Commission 21 Thomas J. Roberts, Member of the Commission 22 Lando W. Zech, Jr., Member of the Commission 23 STAFF PRESENT AND SEATED AT COMMISSION TABLE:

24 S. Chilk, SECY l 25 M. Malsch, OGC

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2 1 PROCEEDINGS 2 CHAIRMAN PALLADINO: Will you please come to order.

3 ~his is an affirmation / discussion sesion. We have 4 two items slated for action. I will ask the Secretary to lead 5 us through both items.

6 MR. CHILK: Mr. Chairman, before we do, I'll have to 7 ask the Commission if they will vote to hold this meeting on 8 less than one week's notice. All in favor, say aye.

9 (Chorus of ayes.)

10 MR. CHILK: Thank you.

11 The first document is86-117. It is a draft 12 Commission order in Braidwood. The Commission is being aske'd 13 to act on an order that provides that the Commission's 14 conclusion with regard to whether or not Intervenor's amended 15 quality assurance contention meets the five-factor test set 16 forth in 10 CFR 1.2714 for evaluation of late-filed 17 contentions.

18 Chairman Palladino, Commissioners Roberts, Bernthal 19 and Zech have approved an order which concludes that the 20 Licensing Board erred in finding that the five-part test 21 favored admission of contentions, and further concludes that 22 if resubmitted today and reevaluated in light of all the 23 information which has developed today, would again fail.

24 The Commission is also agreed that while admission 25 of Subpart 2(c) was not formally before the Commission for

3 1 decision, the review of the record indicates that the 2 Licensing Board did not appear to have conducted the formal 3 balancing of factors called for in 10 CFR 2.714.

4 Accordingly, the Commission has directed the Board 5 to evaluate the admissibility of Subpart (c) in light of the 6 five-factor test.

7 Commissioner Bernthal, who is not present today, 8 while approving, would have preferred an alternative version 9 and may provide additional views.

10 Commissioner Roberts has additional views.

11 Commissioner Asselstine has disapproved the order 12 and will provide separate views.

13 Would you please affirm your votes.

14 (Chorus of ayes.)

15 MR. CHILK: The second item is 86-16 and 16A. It is 16 a final rule establishing criteria for reopening records to 17 former licensing proceedings. The Commission here is being 18 asked to approve a final rule which codifies and improves the 19 standards that apply to motions to reopen records for formal 20 adjudications.

21 All Commissioners have approved the final rule with 22 the modification shown in the copy we distributed to you on 23 April the 23rd.

24 Commissioner Asselstine would have preferred no 25 changes to the language on page 23, that was changed from

4 1 "might be or might have been" to "would be or would have been 2 likely."

3 Would you please affirm your votes.

4 (Chorus of ayes.]

5 MR. CHILK: Thank you.

6 CHAIRMAN PALLADINO: Anything more to come before 7 us?

8 MR. CHILK: I have nothing.

9 CHAIRMAN PALLADINO: If not, we will stand 10 adjourned.

11 [Whereupon, at 3:38 p.m., the meeting was 12 adjourned.)

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1 2 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 / Discussion and Vote (Public Mee ting) 8 PLACE OF MEETING: Washington, D.C.

9 DATE OF MEETING: Wednesday, April 23, 1986 10 11 were held as herein appears, and that this is the original transcript thereof for the file of the Commission taken 12 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 - --- - N ---

19 Myrtle H. Walsh 20 21

, 22 Ann Riley & Associates, Ltd.

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