ML20236U798

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Transcript of Commission 871125 Affirmation/Discussion & Vote in Washington,Dc.Pp 1-7
ML20236U798
Person / Time
Issue date: 11/25/1987
From:
NRC COMMISSION (OCM)
To:
References
REF-10CFR9.7 NUDOCS 8712030382
Download: ML20236U798 (11)


Text

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UKIblNAL

't nv UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

Title:

Affirmation / Discussion and Vote Location:

Washington, D. C.

Date:

Wednesday, November 25, 1987

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Pages:

1-7 i

Ann Riley & Associates Court Reporters 1625 i Street, N.W., Suite 921 Washington, D.C. 20006

.(202) 293-3900 8712030382 871125 PDR 10CFR PT9.7 PDR

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,D i S.C L A I MER 2

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This is an unofficlal-transeript of a meeting of the 7

United States Nuclear Regulatory Ccenission held on l

e 11/25/8.7 In the Commission's office at 1717 H Street, 9

'N.W.,

Washington, D.C The meeting was open to public I

s to attendance and observation.

This transcript has not been I

11 reviewed, corrected, or edited, and i t may contain

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12 inaccuracies.

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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 discusded.

Expressions of opinion in this t r a n s c'r i p t 17 do not necessarily reflect final determination or beliefs.

No j

18 pleading or other paper may be filed with the Ccenission in 19 any proceeding as the result of or addressed to any statement-I 20 or argument contained herein, except as the Commission may 21 authorize.

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l' UNITED STATES.0F AMERICA 6

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2 NUCLEAR REGULATORY COMMISSION 3

4 AFFIRMATION / DISCUSSION AND VOTE 5

6 PUBLIC MEETING 7

8 Nuclear Regulatory Commission i

9 Room 1130 l

10 1717 H Street, Northwest 11' Washington, D.C.

12 13 Wednesday, November 25, 1987 i

14 15 The Commission met in open session, pursuant to 16 notice, at 11:50 a.m., the Honorable LANDO W.

ZECH, Chairman of 17 the Commission, presiding.

18 COMMISSIONERS PRESENT:

l 19 LANDO W.

ZECH, Chairman of the Commission i

20 THOMAS M. ROBERTS, Member of the Commission 21 FREDERICK M. BERNTHAL, Member of the Commission 22 KENNETH CARR, Member of-the Commission 23 KENNETH ROGERS, Member of the Commission 24 25

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' STAFF AND PRESENTERS SEATED AT THE COMMISSION TABLE:

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3 S. CHILK

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W..PARLER 5

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PROCEEDINGS 4

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~2 CHAIRMAN ZECH:

Good morning, ladies:and gentlemen.

3 This is an aff.irmation session, and we have two items 4

to come before us this morning.

Before'I ask the Secretary to j

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' lead us through the two items, do any of my fellow 6

Commissioners.have any-opening remarks to make.

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[No-response.]

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8 CHAIRMAN ZECH:

If not, Mr. Secretary, please 9

proceed.

10 MR. CHILK:

Thank you, Mr. Chairman.

11 The one item, SECY-87-289, dealing with'the Pacific 12 Gas & Electric Company was not on the' schedule for one week, 13 and so the Commission -- I ask the Commission to vote to hold 14 this matter en less.than one, week's notice.

15 CHAIRMAN ZECH:

Aye.

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_ COMMISSIONER CARR:

Aye 17 COMMISSIONER BERNTHAL:

Aye.

' COMMISSIONER ROBERTS:

Aye.

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l 19 COMMISSIONER ROGERS:

Aye.

20 MR. CHILK:

Thank you.

j 21 The item, then, is SECY-87-289.

It's a supplemental 22 order expediting appeal in a matter'of the-Pacific Gas &-

i 23 Electric Company.

In this paper,, the Commission is being asked

'I 24 to act on order which provides for an expedited' completion'of

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25 the administrative appellate process in the Pacific Gas ~&

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1 Electric Company's proceedings on the installation of high-

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density racks l'n both spent fuel storage pools at Diablo 3

Canyon.

'4 Chairman Zech, Commissioners Roberts,.Bernthal, Carr, 5

and Rogers have approved an order which directs the Appeal 6

Board to issue a decision on this matter on or before January I

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the 22nd, 1988 or by January-the 31st, 1988 upon prior showing 8

in writing of exceptional circumstances warranting the delay.

9 Would you please affirm your votes?

10 CHAIRMAN ZECH:

Aye.

11 COMMISSIONER CARR:

Aye.

12 COMMISSIONER BERNTHAL:

Aye.

i 13 COMMISSIONER ROBERTS:

Aye.

14 COMMISSIONER ROGERS:

Aye.

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15 MR. CHILK:

Thank you.

j 16 The second item is SECY-87-273 and 273A.

It's a 17 response to pending motions before the Commission in the 18 Seabrook proceeding.

The Commission is being asked to act on 19 an order responding to the Septemberf21, 1987 motion from the 20 Public Service of New Hampshire, who are the Applicants, to 21 lift the Commission's order or stay barring low-power 22 operations of Seabrook and the motion by the Interveners which

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23 requested an evidentiary hearing on the Applicant's utility 24 plan.

25 Chairman Zech and Commissioners Roberts, Bernthal,

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and carr have approved an order, which we attached -- a copy of

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2 which was attached to the affirmation memorandum, granting the 3

Applicant's motion to vacate the stay and denying the 4

Interveners' motion for a hearing.

5 Finally, the commission dismisses as unripe all other 6

motions seeking to stay low power.

They may be refiled at a 7

later time, at the appropriate time.

8 commissioner Rogers has approved in part and i

9 disapproved in part.

He will have additional comments to be i

10 attached to the order.

He would have preferred that prior to 11 the lifting of the stay that the Commission have in hand the 12 additional information he believes relevant to complete the 1

13 summary review of the plan contemplated in the commission 1

L 14 Licensing Issuances 872 and 873.

15 The commission order notes that the lifting of the 1

16 stay does not itself authorize a low-power license for 17 Seabrook, because of other matters now pending before the l

18 Licensing Board or.the Appeal Board still need to be resolved 1

19 before low power.

And I would like to repeat that, if I could.

20 The commission order also notes that the lifting of l

21 the stay does not itself authorize a low-power license for 22 Seabrook, because other matters now pending before the 23 Licensing Board or the Appeal Board still need to be resolved 24 before low power.

25 The Commission's decision is dictated by the fact

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1 that the Applicant has made;a good-faith submittal of a utility _

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emergency plan.

It in no way results from the recently s_

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published revision'of the Commission's emergency planning j

4 regulations.

5 Would you please affirm your. votes.

6 CHAIRMAN ZECH:

Aye.

7 COMMISSIONER CARR:

Aye.

8 COMMISSIONER-BERNTHAL:

Aye.

9, COMMISSIONER ROBERTS:

Aye.

10 COMMISSIONER ROGERS:

Aye.

11 MR. CHILK:

Thank you.

12 CHAIRMAN ZECH:

Is~there anything else to come before 13 us this morning?

14 COMMISSIONER ROGERS:

Yes, Mr. Chairman.

15 CHAIRMAN ZECH':

Yes, please..

16 COMMISSIONER ROGERS:

I would simply like'to indicate 17 that, in my view, it is that the majority has indicated that it

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'18 requires the submission of information deleted in the utility 1

19 plan to the Staff and PEMA and under protective' order to the 20 other parties prior to the issuance of any low-power license,

'21 and I am of the opinion that that information withheld from the

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22 plan should be furnished to the Commission prior to the lifting 1

23 of the stay, so that-we can assure ourselves that the utility

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24 plan does indeed satisfy the policy concerns set out in CLI-i 25 8703.-

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CHAIRMAN ZECH:

All right.

Are there any other 2

comments?

3 COMMISSIONER BERNTHAL:

Let ma'just reiterate and

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4 stress what Secretary Chilk has mentioned, that contrary to 5

what has been widely reported ir~ the media, earlier today at 6

least, this is not an authorization for low-power operation.at the SeabroNk plant.

Sorry to disappoint'all of you, but that 7

8 is not the substance of what we have done here this morning.

9 This is one step along what proves or promises to be a i

10 considerable series of steps before we reach that point..

i 11 That's all I have to say.

12 CHAIRMAN ZECH:

Are there any other comments?

13 (No response.]

i 14 CHAIRMAN ZECH:

We stand adjourned.

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[Whereupon, at 11:55 o' clock, a.m., the Commission 16 was adjourned.]

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2 REPORTER'S CERTIFICATE 3

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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 8

PLACE OF MEETING:

Washington, D.C.

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9 DATE OF MEETING: Wednesday, November 25, 1987 10 l

l 11 were held as herein appears, and that this is the original I

l 12 transcript thereof for-the file or 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 that the transcript is a true and accurate record of the 15 16 foregoing events.

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Suzadne B oung 19 O

20 21 22 Ann Riley & Associates, Ltd.

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Document Control Desk, 016 Phill'ips l

h TPAHSM1TTAL TO:

1 ADVANCED COPY TO:

The Public Document Room

///5e /[7 DATE:

FP.0M:

SECY Correspondence & Records Branch I

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 required.

Meeting Titie:

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Meeting Date:

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j Item Description *:

Copies Advanced DCS i

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1. TRANSCRIPT 1

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  • PDR is advanced one copy of each document, two of each SECY paper.

C&R Branch files the original transcript, with attachments, withcut SECY papers.

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