ML20205C018
| ML20205C018 | |
| Person / Time | |
|---|---|
| Issue date: | 09/12/1985 |
| From: | NRC COMMISSION (OCM) |
| To: | |
| References | |
| REF-10CFR9.7 ALAB-809, NUDOCS 8509200045 | |
| Download: ML20205C018 (10) | |
Text
1RIGINAL t,j NN UNITED STATES OF AMERICA d
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NUCLEAR REGULATORY COMMISSION
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.5 In the matter of:
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COMMISSION MEETING Affirmation / Discussion and Vote (Public Meeting)
Docket No.
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Location: Washington, D. C.
1 - 10 Pages:
Date: Thursday, September 12, 1985 9509200045 050912 PDR 10CFR PDR PT9.7
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ANN RILEY & ASSOCIATES Court Reporters 1625 I St., N.W.
Suite 921 Washington, D.C.
20006 (202) 293-3950
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This is an unofficial transcript of a meeting of the 7
United States Nuclear Regulatory Commission held on Thursday, 3
Septster 12, 1985 i n the Commission's office at 1717 H Street, 9
N.W.,
Washington, D.C.
The meeting was open to public 10 atten)ance and observation.
This transcript has not been 11 reviewed, corrected, or edited, and it may contain g'
12 inaccuracies.
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_The__tran2:!P i p t' 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 belief's.
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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UNITED STATES OF AMERICA y
NUCLEAR REGULATORY COMMISSION 2
3 AFFIRMATION / DISCUSSION AND VOTE PUBLIC MEETING 6
Room 1130 1717 H Street, N.W.
7 Washington, D.C.
Thursday, September 1C, 1995 9
The Commission met, pursuant to notice, at 10 4:05 p.m.
11 COMMISSIONERS PRESENT:
12 NUNZIO PALLADINO, Chairman of the Commission THOMAS ROBERTS, Commissioner 93 JAMES ASSELSTINE, Commissioner FREDERICK BERNTHAL, Commissioner 3,
LANDO ZECH, Commi ssi oner STAFF AND PRESENTERS SEATED AT COMMISSION TABLE:
S.
CHILK H.
THOMPSON 37 H.
DENTON W.
DIRCKS 18 N.
GRACE J.
TAYLOR
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PLAINE 20 AUDIENCE SPEAVERS:
21 R.
WALKER E.
ADENSAM 22 23 24 25
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I PROCEED I NGS 2
CHAIRMAN PALLADINO:
Now I'm going to convene an 3
Affirmation / Discussion Session.
We have, I think, three d
items --
5 MR. CHILK:
Three' items.
6 CHAIRMAN PALLADINO:
-- on the agenda, and I'll 7
ask the Secretary to lead us through the items.
8 MR. CHILK:
The first one is SECY-85-286 entitled.
Exceptions to Commission order establishing an informal 9
10 hearing ~in Babcock & Wilcox Parks Township facility.
II Here the Commission is being asked to act on an 12 order which responds to a 30 July filing.
The filing 13 requested that the Commission amend the previous order of Id July C4 which had referred a hearing request en the D&W 15 Parks Township facility to the Licensing Board for 16 consideration and an informal hearing.
17 The petition requested a formal hearing be held 18 instead.
19 All Commissioners have approved the order which 20 denies the request for a formal hearing.
Would you please 21 affirm your votes?
22 CHAIRMAN PALLADINO:
Aye.
23 COMMISSIONER ZECH:
Ayo.
24 COMMISSIONER ASSELSTINE:
Aye.
25 COMMISSIONER ROBERTS:
Aye.
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I COMMISSIONER BERNTHAL:
Aye.
2 MR. CHIUK:
The second is a review of ALAB-809, 3
In this paper the Commission is being asked d
to act on an order to vacate ALAB-809 and the underlying 5
Licensing Board decision as moot because the Board 6
subsequently completed its consideration of the Grateford 7
emergency planning contentions.
8 All Commissioners approved that order, and would 9
you please affirm your votes?
10 COMMISSIONER ZECH:
Aye.
I CHAIRMAN PALLADINO:
Aye.
12 COMMISSIONER ROBERTS:
Aye.
33 COMMISSIONER ASSELSTINE:
Aye.
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COMMISSIONER BERNTHAL:
Aye.
15 MR. CHILK:
The third one is SECY-85-150, a final 16 shift statement, final policy statement, on engineering e::pertise on shift.
O Here the Commission is being asked to act on a I9 policy statement setting forth the Commission's position 20 regarding acceptable arrangements to provide engineering 21 expertise on shift at commercial nuclear power plants.
22 The Chairman, Commissioners Asselstine, Bernthal, 23 and Zech have approved Version A of the policy statement as 24 modified by a majority of the Commission on pages 14 and 15 25 of the memorandum that we cent you.
7
4 s.> is I
The policy statement provides for two options for 2
providing expertise on shift.
Option 1 provides for 3
elimination of the separate shift technical advisor by d
combining the position with one of the senior reactor 5
operator positions.
6 The second option provides for continuation of the 7
NRC-approved STA program in addition to the SRO position, 8
with certain modifications.
9 Commissioner Roberts disapproves the modified 10 version of this policy statement and will have separato II views.
12 COMMISSIONER BERNTHAL:
Excuse me, Mr. Chairman.
13 One issue here that I think needs to be settled -- it's a is that my Id small one but important to utilities 4
15 understanding is that our staff has unfortunately recently 16 already approved two individuals for the combined positions
-- now, stop me if I'm wrong here, I may have outdated 17 18 information -- that would not meet the requirements as they are about to be affirmed by the Commission here.
19 20 I'm just wondering what we propose to do about 21 that.
I don't know enough of the details at all about 22 those two individuals.
On the one hand, I'm inclined to 23 want to deal with them in good faith.
If that means 24 grandfathering them, perhaps that's appropriate or, if 25 there is no element here of bad faith, I guess you go bact 4
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to them and tell them, "Sorry," or something.
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.Now, where are we on that?
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3 CHAIRMAN PALLADINO:
Well, this is a policy statement and I would expect the staff to give attention to I
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transitional problems and if they need further guidance i
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from the Commission, they could get it.
L But I would expect that you would have to'do 7
something along the lines of grandfathering or allowing 8
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time.
10 COMMISSIONER BERNTHAL:
'But it's so close in --
2 COMMISSIONER ASSELSTINE:
Yes.
12 COMMISSIONER BERNTHAL:
The time, Joe, was in the
'r; c last -- well, what is it, the last few weeks, or two weeks, 13 14 or --
15 COMMISSIONER ASSELSTINE:
What is the situation?
16 CHAIRMAN PALLADINO:
Well, I had proposed some i
17 formal grandfathering lenguage'for this policy statement, i ~
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but --
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I 19 COMMISSIONER ASSELSTINE:
That was rejected, 1
20 CHAIRMAN PALLADINO:
-- that-was rojected by the 23 majority.
i 22 COMMISSIONER ASSELSTINE:
That's right.
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23 CHAIRMAN PALLADINO:
So I would say, the ne::t stop i
24 is to leave it to the staff to come back and say, "You gave 25 us this policy --
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I (Laughter) 2 COMMISSIONER ROBERTS:
Fred, you can't expect the 3
staff to wait for us to do something, the world goes on.
4 CHAIRMAN PALLADINO:
But I think there are 5
transitional problems and we are going to have to have --
6 COMMISSIONER BERNTHAL:
Tom, the fact is that the 7
staff knows that we are working on this.
They knew that 8
the policy was very close to completion.
I don't think 9
that --
10 COMMISSIONER ROBERTS:
I think an intelligent II person _could have thought that months ago.
12 COMMISSIONER BERNTHAL:
But the point is that my
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13 impression i s that this was an oversight.
I am inclined to Id wa'nt to deal with anyone we have made an agreement with in 15 good faith, I have to say.
16 On the other hand, it may not be quite right, 17 depending on the circumstances of these two cases.
I 18 simply don't know and I haven't heard anything from the 19 staff yet to allay my concerns, and I am not entirely 20 prepared just to brush it off.
21 MR. DENTON:
Have we sent -- we sent the 22 Commission a paper on what the past practice had been since 23 1980 in this area.
And the past practice was, the majority 24
. of STAS did have degrees, but there were some who didn't.
25 COMMISSIONER ASSELSTINE:
Yes.
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b-MR. DENTON:
And then there were a few people who 2
didn't have degrees but had what we thought were other outstanding credentials, perhaps being in the Nuclear Navy and 80 hours9.259259e-4 days <br />0.0222 hours <br />1.322751e-4 weeks <br />3.044e-5 months <br /> credit or something, who did get to be 5
proposed in these unified positions.
I guess my off-the-top-of-the-head view would be 6
to grandfather those few were because of they proposed and I
we had to either decide that they were or were not on the 0
9 team in order to move ahead with licensing in this matters.
10 My view would be that, look, since we don't know it what y.ou have decided completely > for today --
(Laughter) 13 MR. DENTON:
-- it would be for us to look at it
,4 in terms of the policy statement and if we propose to 15 change it, to come back to you.
16 (Simultaneous conversation)
CHAIRMAN PALLADINO:
I think at the moment we face
'O the following:
We did attempt to get some grandfathering I'
language into the policy statement, and that was rejected.
20 Now if the Commission feels it wants to re-address 2I that subject or the general question of transitional 22 problems by holding up this policy statement --
23 COMMISSIONER ASSELSTINE:
No.
24 CHAIRMAN PALLADINO:
-- and voting on it later, we 25 could do that.
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I If you feel that you are ready to vote, then we 2
can go-ahead and vote.
3 COMMISSIONER BERNTHAL:
Oh, I'm ready to vote.
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hoped we would just hear what happened in this case.
And 4
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since there seems to be little interest in it, i f the staff i
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could provide me with a --
CHAIRMAN PALLADINOr Excuse me, I'm not saying 7
L 1-8 there is little interest.
I have a great deal of interest 9
it and proposed the language that-did not pass.
But in 1
10 that doesn't resolve the transitional problem.
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The way that is going to get resolved is by the j
12 staff seeing what they face in terms of the rule that,we f,".
33 pass.
4 Id COMMISSIONER BERNTHAL:
Let me finish my sentenco 1-1;
- 15 here.
t 16 CHAIRMAN PALLADINO:
Sorry.
4 II COMMISSIONER BERNTHAL:
If the staff could provide me with just a very brief -- and verbal is fine -- report f
18 i
l 19 on those two cases.
I think you probably know'the two --
maybe you don't.
Susquehanna, I think, maybe one but I m 20 l
21 not sure.
The two cases that I'm speaking of, that's all i
22 that I would really expect.
Otherwise, let's go ahead and
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23 vote.
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l COMMISSIONER ASSELSTINE:
Yes, I'm all fo voting 24 1
25 on it and getting it done.
I'd maybe just broaden Fred's f
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request.
Why don't you just give us a short paper on how 2
you would propose to handle those kinds of transitional 3
cases and let us take a look at it.
CHAIRMAN PALLADINO:
Well, I think we all want c*
that.
6 COMMISSIONER ASSELSTINE:
Good.
Yes.
I CHAIRMAN PALLADINO:
Okay.
8 MR. CHILK:
I have, then, four Commissioners voting for the policy statement, Commissioner Roberts 10 opposing.
CHAIRMAN PALLADINO:
But we are allowing how much 12 time for Commissioner Roberts?
How much dc you need to get I3 additional remarks, three days?
your 34 COMMISSIONER ROBERTS:
What's today, Thursday?
15 Not this week.
The middle of next week.
16 CHAIRMAN PALLADINO:
All right.
17 COMMISSIONER ASSELSTINE:
Fine.
18 MR. CHILK:
Would you please atfirm your votes?
I9 CHAIRMAN PALLADINO:
Aye.
20 COMMISSIONER ZECH:
Aye.
21 COMMISSIONER ROBERTS:
Aye.
22 COMMISSIONER ASSELSTINE:
Aya.
23 COMMISSIONER BCRNTHAL:
Aye.
23 MR. CHILV.:
Thank you.
25 CHAIRMAN PALLADINO:
Anything more to come before
10
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COMMISSIONER ASSELSTINE:
No.
3 CHAIRMAN PALLADINO:
We stand adjourned.
(Whereupon, at 4:12 p.m.,
the meeting of the 5
Commission was adjourned.)
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1 CERTIFICATE OF OFFICIAL REPORTER 2
3 4
5 This is to certify that the attached proceedings 6
before the United States Nuclear Regulatory Commission in the 7
matter of COMMISSION MEETING e
9 Name of proceeding:
Affirmation / Discussion and Vote (Public Meetina) 10 11 Docket No.
12 place:
Washington, D. C.
1 13 Date:
Thursday, September 12, 1985 14 15 were held as herein appears and that this is the original 3
16 transcript thereof for the file of the United States Nuclear 17 Regulatory Commission.
18 (Signature) g g%
g (Typed Name of Reporter)
Mary C. Simons 20 21 22 23 Ann Riley & Associates. Ltd.
24 25
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