ML20203G357

Transcript of Commission 860724 Affirmation/Discussion & Vote in Washington,Dc Re TMI-2 Leak Rate Data Falsification & ALAB-836.Pp 1-6

ML20203G357
Person / Time
Site:	Three Mile Island, Limerick, 05000000
Issue date:	07/24/1986
From:	NRC COMMISSION (OCM)
To:
References
REF-10CFR9.7 ALAB-836, NUDOCS 8608010097
Download: ML20203G357 (10)

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l ANN RILEY & ASSOCIATES

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i Suite 921 8608010097 860724 PDR 10CFR Tashington, D.C. 20006 CA PT9.7 PDR (202) 293-3950 3.

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This is an unofficial transcript of a meeting of tho 7

United States Nuclear Regulatory Commission held on 8

7/24/86 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 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 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 authorire.

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UNITED STATES OF AMERICA 2

NUCLEAR REGULATORY COMMISSION 3

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AFFIRMATION / DISCUSSION AND VOTE 6

7 8

[PUBLIC MEETING) 9 10 Nuclear Regulatory Commission 11 Room 1130 12 1717 H Street, Northwest 13 Washington, D.C.

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14 15 Thursday, July 24, 1986 16 17 The Commission met in open session, pursuant to 18 notice, at 3:40 o' clock p.m., the Honorable LANDO W.

ZECH, 19 JR., Chairman of the Commission, presiding.

20.

COMMISSIONERS PRESENT:

21 LANDO W.

ZECH, JR., Chairman of the Commission 22 THOMAS M. ROBERTS, Member of the Commission 23 JAMES K. ASSELSTINE, Member of the Commission 24 FREDERICK M. BERNTHAL, Member of the Commission 25

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1 STAFF AND PRESENTERS SEATED AT COMMISSION TABLE:

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S. CHILK f

3 M. MALSCH 4

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PROCEEDINGS 2

CHAIRMAN ZECH:

Good afternoon ladies and 3

gentlemen.

This is an affirmation session.

I ask the 4

Secretary to lead us through the issues that we will be 5

affirming today.

6 MR. CHILK:

Mr. Chairman, before we do that, I 7

would like to ask the Commission to vote to hold on less than 8

one week's notice two of the papers, SECY 86-194, and SECY 9

86-198.

10 I wonder if I can have such a vote?

11 COMMISSIONER ASSELSTINE:

Aye.

12 COMMISSIONER ROBERTS:

Aye.

13 COMMISSIONER BERNTHAL:

Aye.

14 CHAIRMAN ZECH:

Aye.

15 MR. CHILK:

The first item is SECY 86-194-A.

It is 16 a certified question on the TMI-2 leak rate data falsification 17 hearing.

18 The Commission in this paper is being asked to 19 respond to a May 30th 1986 declaratory order and certified 20 questions from the presiding board on the inquiry into the 21 Three Mile Island Unit 2 leak rate data falsifications.

22 All Commissioners have approved an order which 23 responds to the Board stating that the NRC may pay negotiated 24 fees to expert witnesses at prevailing market rates, and that 25 such negotiations should be carried out by the Staff as is the A

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case with other contracts.

1 2

However, the Commission has also directed the 3

Board, with the Staff's assistance, to reconsider whether the 4

proposed contracts would be appropriate in the circumstances 5

of this proceeding.

6 Would you please affirm your vote?

7 COMMISSIONER ASSELSTINE:

Aye.

)

8 COMMISSIONER ROBERTS:

Aye.

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9 COMMISSIONER BERNTHAL:

Aye.

l 10 CHAIRMAN ZECH:

Aye.

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11 MR. CHILK:

The second item is SECY 06-198, a i

12 review of ALAB 836 in the matter of Philadelphia Electric j

13 Company.

14 In this paper, the Commission is being ask to act on 4

15 an order responding to petitions for review of ALAB 836 by the 16 Philadelphia Electric Company, and Robert Anthony, Friends of j

17 the Earth, and the stated request by Anthony, Friends of the l

18

Earth, i

19 All Commissioners have approved an order which 20 indicates the Commission has decided not to take review of i

21 ALAB 836, and have denied the stated request.

22 Would you please affirm your votes?

23 COMMISSIONER ASSELSTI.iE:

Aye.

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24 COMMISSIONER ROBERTS:

Aye.

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25 COMMISSIONER BERNTHAL:

Aye.

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1 CHAIRMAN ZECH:

Aye.

2 MR. CHILK:

The third and last item is SECY 85-180, 3

Commission Review of the Shoreham Appeal Board Decision on the 4

Realism and Immateriality Issues (ALAB-818) 5 The Commission in this paper is being asked to act 6

on an October 18th 1985 Appeal Board decision holding 7

inadequate as a matter of law, LILCO's emergency plan for the 8

Shoreham Nuclear Power Plant.

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Chairman Zach and Commissioners Roberts and Bernthal 10 have approved an order which remands the licensing board for 11 further hearing on issues raised by LILCO's realism and 12 immateriality arguments.

The Appeal Board is also directed to 13 reconsider its decision to defer its review of LILCO's other 14 pending emergency planning appeals.

15 Commissioner Asselstine disapproves, and has 16 provided a separate view.

The Commission does not address 17 LILCO's preemption arguments in this order.

18 If you will please affirm your votes.

19 COMMISSIONER ASSELSTINE:

Just before we do that, I 20 should note that I am making one minor revision to my views to 21 add a footnote to note that I think the Commission should have 22 decided the preemption issues at this time as well, so that 23 will be around in a couple of minutes.

24 MR. CHILK:

Will the Commission please affirm its 25 votes?

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1 COMMISSIONER ASSELSTINE: 'Aye.

2 COMMISSIONER ROBERTS:

Aye.

3 COMMISSIONER BERNTHAL:

Aye.

4 CHAIRMAN ZECH:

Aye.

5 MR. CHILK:

That completes the affirmation, 6

Mr. Chairman.

7 CHAIRMAN ZECH:

Thank you very much.

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[Whereupon, the Commission Affirmation was concluded 9

at 3:42 p.m.]

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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:

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7 TITLE OF MEETING: Affirmation Discussion and Vote Commission Review of Shoreham Appeal Board Decision on Realism and 8

PLACE OF MEETING: I*"@kO5kngkoh,b80*8 (^L^

9 DATE OF MEETING: Thursday, July 24, 1986 10 i

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11 were held as herein appears, and that this is the original 12 transcript thereof for the file of the Commission taken

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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.

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22 Ann Riley & Associates, Ltd.

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N N N N N N N N NC Y NG N N N N N k k kQ0_G0G0GO NG0G09090g0g & & & h h TRANSMITTAL T0:

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ADVANCED COPY T0:

The Public Document Room DATE:

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SECY Correspondence & Records Branch j

f Attached are copies of a Commission meeting transcript and related meeting f

document (s). They are being forwarded for entry on the Daily Accession List and placement in the Public Document Room.

No other distribution is requested or f

required.

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Meeting

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Meeting Date: 9 hi 6 Open X

Closed,

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