ML20214Q123
| ML20214Q123 | |
| Person / Time | |
|---|---|
| Issue date: | 09/18/1986 |
| From: | NRC COMMISSION (OCM) |
| To: | |
| References | |
| REF-10CFR9.7 NUDOCS 8609240184 | |
| Download: ML20214Q123 (12) | |
Text
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UNITED STATES OF AMERICA y.*~,
NUCLEAR REGULATORY COMMISSION
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In the matter of:
COMMISSION MEETING Affirmation / Discussion and Vote
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(Public Meeting) t,.
Docket No.
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Location: Washington, D. C.
Date: Thursday, September 18, 1986 Pages:
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,a 8609240184 860918 PDR 10CFR PT9.7 PDR
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ANN RILEY & ASSOCIATES l
Court Reporters O
1625 I St., N.W.
Suite 921 Washington, D.C.
20006 (202) 293-3950
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1 D 1 SCLA I MER 2
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6 This is an unofficial transcript of a meeting of the 7
United States Nuclear Regulatory Cceteviession held'on s.
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9/18/86 In the Commission's office at,1717 H Street, 9
N. lJ., (Ja s h i ng t on',
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 Thee transcript is intended solely for general l
t 14 informational purposes.
As provided.by 10 CFR 9.103, it is 1l 15 not part of the formal or informal record of decision of 'the 16 matter 4 discussed.
Expressions of,cpinion in"this transcript 17 do not necessarily reflect final determination or beliefs.
No
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18 pleading or other paper may be filed with the Commission in 19 any procet ing as the result of or addressed to any statement 20 or argument cor t a ined herei n, except as the Commission may 21 authorire.
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UNITED STATES OF AMERICA 2
NUCLEAR REGULATORY COMMISSION i
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4 AFFIRMATION / DISCUSSION AND VOTE 5
6 PUBLIC MEETING 7
8 Nuclear Regulatory Commission 9
Commissioners' Conference Room 10 Room 1130 11 1717 "H" Street, N.W.
t 12 Washington, D.C.
13 14 Thursday, September 18, 1986 15 16 The Commission met in open session, pursuant to 17 notice, at 3:37 o' clock p.m.,
LANDO W.
ZECH, JR., Chairman of 18 the Commiusion, presiding.
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5 20 COMMISSIONERS PRESENT:
21
~LANDO W.
ZECH, JR., Chairman of the Commission 22 THOMAS M. ROBERTS, Member of the Commission t.
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23 JAMES K. ASSELSTINE, Member of the Commission 24 FREDERICK M.
BERNTHAL, Member of the Commission 25 KENNETH M. CARR, Member of the Commission h
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1 STAFF AND PRESENTERS SEATED AT COMMISSION TABLE:
2 S. CHILK 3
W. PARLER 4
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M. MALSCH 5
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10 11 12 13 14 15 i
16 17 18 l'9 20 21 a
22 23 24 25
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PROCEEDINGS 2
CHAIRMAN ZECH:
The meeting will come to order, 3
please.
Good afternoon, ladies and gentlemen.
This is an 4
affirmation session on two matters, I believe.
We will ask 5
the Secretary to;1ead us through the matters.
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6 SECRETARY CHILK:
First, Mr. Chairman, is 7
SECY-86-57B and C entitled, " Comanche Peak Construction Permit 8
Extension."
In this paper, the Commission is asked to respond 9
to a question certified to it by the Atomic Safety and 10 Licensing Appeal Board regarding the admissibility of the 11 contention in the construction permit extension proceeding.
12 Chairman Zech, commissioners Asselstine, Bernthal, 13 Roberts and Carr have approved the order which is attached to 14 our memorandum circulated to you which contains guidance, 15 provides the Appeal Board with guidance for its determination 16 on the admissibility of the consolidated intervenor's 17 contention.
I understand that Commissioner Bernthal will have 18 additional views that will be attached to the document.
19 Would you affirm your votes, please?
20 (Chorus of ayes.]
21 SECRETARY CHILK:
Thank you.
The second item is 22 SECY-86-241.
It is a Petition for the Review of ALAB-832 23 dealing with the Shoreham decision on non-legal authority 24 emergency planning issues.
25 The Commission here is being asked to act on
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1 petitions for review of ALAB-832.
Chairman Zach and 2
Commissioners Roberts, Bernthal and Carr have approved the 3
order which takes review of three issues; one, contention 4
22(b), two, the ruling and planning for hospital evacuation in 5
the EPZ and three, contention 22(c).
Commissioner Asselstine 6
disapproves.
7 Would you please affirm your votes?
8
[ Chorus of ayes.]
9 COMMISSIONER ASSELSTINE:
I will probably have a 10 sentence to add to the order just making it clear that I don't 11
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believe there is a basis for taking review of those issues.
12 SECRETARY CHILK:
All right.
Do we have another 13 item?
14 MR. PARLER:
Mr. Chairman, OGC circulated a draft 15 order around in connection with the PG&E reracking matter.
It 16 is entirely clear at the moment whether you gentlemen might be t
17 ready to vote at this time or not.
If you are, Marty who has 18 been directly involved in this for the last hour or so will be 19 glad to explain anything that you need to have explained about 20 it.
21 Thb purpose of the order is simply to put the j
22 petitioner's request for an emergency stay in the hands of the 23 staff.
They are undergoing a technical review of certain 24 circumstances now.
25 The reason why this order has to be presented to you
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1 is because of the last two sentences.
Otherwise, Mr. Chilk 2
could issue the ordo:e himself.
Marty, do you have anything 3
else?
'4 MR. MALSCH:
No.
This is occasioned by an emergency 5
stay that was filed the other day before the Commission and 6
the U.S. Court of Appeals, Ninth Circuit.
7 It would be useful for us to get it on the public 8
record in terms of our litigation.
9 CHAIRMAN ZECH:
I think it is fine, myself.
I have 10 been briefed on it just a few minutes before the meeting.
I would like to make sure my fellow Commissioners are ready to 11 12 make a decision.
13 SECRETARY CHILK:
Mr. Chairman, before we do that, 14 may I ask the Commission to vote to consider this matter on-15 less than one week's notice because it was not placed on the 16 agenda?
17
[ Chorus of ayes.]
18 SECRETARY CHILK:
Thank you.
19 MR. PARLER:
There is one other matter in connection
'20 with this order.
I gather that the question was raised 21 whether the issuance of this order would prejudice any other 22 procedural rights that the petitioners in this proceeding 23 might have and the answer to that is no, that is not the r
24 intent of the order.
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l 25 The intent of the order is just to get the matter
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before the technical staff for review.
2 CHAIRMAN ZECH:
Do my fellow Commissioners have any 3
comments or need for discussion?
4 COMMISSIONER ASSELSTINE:
Just one or two quick 5
questions then if I could just clarify a couple of points on 6
the order with OGC.
7 CHAIRMAN ZECH:
Sure, go ahead.
8 COMMISSIONER ASSELSTINE:
First, as I understand it 9
in terms of the need for an emergency stay, basically what the 10 order says is that that is not necessary now that PG&E has 11 voluntarily agreed to hold off at least until the 24th if not 12 beyond that point.
Is that right?
13 MR. MALSCH:
That is right.
14 COMMISSIONER ASSELSTINE:
All right.
15 MR. PARLER:
Yes.
That is the issue that we worked 16 yesterday afternoon.
17 COMMISSIONER ASSELSTINE:
Right.
Second, I take it 18 that nothing in this order would prevent petitioners from 19 renewing an emergency stay at some point in the future i
20 particularly at the point where the staff's review and 21 analysis was done.
If they wanted to come back to the 22 Commission and seek a stay at that point based upon the 23 outcome of the staff's review, they would be free to do that?
24 MR. MALSCH:
That is right.
25 COMMISSIONER ASSELSTINE:
All right.
Based upon l
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those two answers, I would be prepared to vote.
2 CHAIRMAN ZECH:
All right, fine.
So would you 3
summarize before we vote again then, Marty, just exactly what 4
this order states?
5 MR. MALSCH:
The principal purpose of the order is 6
to relay the request to the proper channels to the staff for 7
their technical review which is ongoing right now.
It also 8
reflects the fact that staff has authority to take action on 9
this matter under 2.206.
It directs the staff to act 10 expeditiously on its review in this matter and notes that PG&E 11 has agreed to postpone defueling until at least five o' clock 12 p.m.,
Pacific Daylight time on September 24th if not longer.
13 CHAIRMAN ZECH:
And as Commissioner Asselstine 14 points out, it does not preclude any further petitions.
15 MR. MALSCH:
Absolutely not.
16 CHAIRMAN ZECH:
All right.
Are my fellow 17 Commissioners ready to vote?
j 18 COMMISSIONER ASSELSTINE:
Yes.
19 CHAIRMAN ZECH:
All those in favor, say "Aye,"
20 please.
I 21
[ Chorus of ayes.]
22 CHAIRMAN ZECH:
Anything else to come before the 23 Commission, Mr. Chilk?
24 SECRETARY CHILK:
I have nothing, Mr. Chairman.
25 CHAIRMAN ZECH:
The meeting is adjourned.
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[Whereupon, the Commission meeting was adjourned at 2
3:43 o' clock p.m., to reconvene at the Call of the Chair.]
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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 / Discussion and Vote (Public Meeting) 8 PLACE OF MEETING:
Washington, D.C.
9 DATE OF MEETING: Thursday, September 18, 1986 10 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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Nations 19 20 21 22 Ann Riley & Associates, Ltd.
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Attached are copies of a Commission meeting transcript and related meeting 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
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