ML22230A056
| ML22230A056 | |
| Person / Time | |
|---|---|
| Issue date: | 12/11/1977 |
| From: | NRC/OCM |
| To: | |
| References | |
| Tran-M771222 | |
| Download: ML22230A056 (9) | |
Text
RETURN TO SECRET,~RfAT RECORDS NUCLEAR REGULATORY COMMISSION IN THE MATTER OF:
PUBLIC MEETING AFFIRMATION OF ORDER ON XSNM-1026 INCLUDING INTERVENTION PETITIONS Place -
Washington, D. C.
Date -
Thursday, 22 December 1977 Pages 1 -
6 ACE - FEDERAL REPORTERS, INC.
Official Reporters 444 North Capitol Street Washington, D.C. 20001 NATIONWIDE COVERAGE* DAILY Tel ephone:
(202 ) 347-3700
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DISCLAIMER This is an unofficial transcript of a meeting of the Un~ted States Nuclear Regulatory Commission held on December 22 0 ]977 in the Commission's offices at 1717 H Street, N. W.;Washington, D. C.
The meeting was open to public attendance and observation.
This transcript has not been reviewed, corrected, or edited, and it may contain inaccuracies.
The transcript is intended solely for general informational purposes.
As provided by 10 CFR 9.103, it is not part of the formal or informal record of decision of the matters discussed.
Expressions of opinion in this transcript do not necessarily reflect final determinations or beliefs.
No pleading or other paper may be filed with the Commission in any proceeding as the result of or addressed to any statement or argument contained herein, except as the Commission may authorize.
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25 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION PUBLIC MEETING AFFIRMATION OF ORDER ON XSNM-1026 INCLUDING INTERVENTION PETITIONS Room 1130 1717 H Street, N. W.
Washington, D. C.
Thursday, 22 December 1977 The meeting was convened at 11: 40 a.m., pursuant to notice, Dr. Joseph M. Hendrie, Chairman of the Commission, presiding.
BEFORE:
JOSEPH M:. HENDRIE, Chairman PETER A. BRADFORD, Commissioner VICTOR GILINSKY, Commissioner RICHARDT. KENNEDY, Commissioner 1
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P R O C E E D I N G S CHAIRMAN HENDRIE:
Gentlemen, cruld we come to order, and we will deal promptly with the matter..s at hand.
Let me first deal with, because I would be delighted to do so, deal with that low enriched one, and th e ba ck -.e rd t o i t
- We have an LEU opinion which deals with what at -- what is.it, 10 or 9 -
9 remaining low enriched ones, and we all agree on it. I simply ask for your affirmative vote on th at order
- So ordered.
There is at least in.my group of papers.attached to the back of that thing an LEU License application, XSNM-1119, export to the Netherlands, which the paper from Mr. Shea assures us is an urgent one.
And I have a note on mine that says that it could be considered immediately
-following because it follows in the opinion on the other
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it?
so wishes.
Is that correct? Is that the way you und.er.stand MR. CHILI<=
We can consid.er that at this time.
CHAIRMAN HENDRIE:
Is it appropriate to do so?
MR. CHI LK:
- It i.s a ppropr ia te if the Commission COMMISSIONER KENNEDY:
Do we have the staff"s
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3 views on it?
MR. CHI LK:
Yes
- COMMISSIONER KENNEDY:
Do we have the 1 icense 4
itself?
5 MR. SHEA=
Yes, that is correct.
All of the 6
low enriched now before the -Commission, that except for 7
_with the one case still at stake, 8 of the 9 are here 8
now.
4 more wsre just received this morning.
9 10 COMMISSIONER KENNEDY:
1119 is one of these.
CHAIRMAN HENDRIE:
This is a separate paper.
11 I'm sorry.
12 13 MR. FITZGERALD:
I should point out that the opinion here deals only with procedural Lssues. It doesn*"t 14 issue any licenses.
15 CHAIRMAN HENDRIE:
The opinion deals with the 16 procedural issues.
17 I have in addition, then, the specific question 18 of would the Commission like to concur with the staff 19 recomm.endation to issue 1119. If you're willing to 20 consider that, because of the urgency, I would recommend 21 it to us..
22 Agreed?
23 A 11 r_ight, so ordered.
24 25 I under stand fr om counsel on the subject of some high enriched uranium export licenses, that it would be,
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he. believes, a h.elpful matter to further provide firm
.foundation for the Commission acticn if we would agree to reaffirm the high enriched uranium memorandum, an order which al.l th.e commissioners have agreed to as of last evening.
Now it is my recollection, pretty clear recollection, I think, that the Commi.ssion, in fact, voted the sense of this order some time ago, but we did not have draft language in hand at the time and I said, we have now agreed en it.
What we now need is to have counsel prepare language and circulate it for our agreement.
It has taken *some time to come to agreement.
In spite of the fact that we have, in my opinion, at least, previously voted on the matter, if counsel thinks it would be helpful, why, I would be glad to ask you to please. affirm your agreement with the memorandum and order on the high enriched uranium paper.
COMMISSIONER KENNEDY:
I affirm.
CHAIRMAN HENDRIE:
.We 11, let me say so ordered.
COMM! SSIONER KENNEDY:
I would like to make an explanatory comment on-my affirmation.
As to the very last sentence on page 7, which reads, *11.Th.is decision.does. not constitute a finding that no environmental impact statement is required. 11 I concur in that statement.
It is a factual
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I would like, however, to state my own understanding of the statement, that it does not imply 4
that such an environmental° statement is required.
5 CHAIRMAN HENDRIE:
I think that is a fair 6
interpretation.
7 COMMISSIONER BRADFORD:
I think, in effect, we 8
have been holding that quest ion open for later.
9 COMMISSIONER GI LINSKY:
We were going to strike 10 four words, weren't we?
11 CHAIRMAN HENDRIE: Yes.
In the concurring statement 12 of Commissioners Gilinsky and Bradford, the words 13
-UspecifLca lly and in detail for the.second class line" are 1 4 to be st ru ck
- 15 16 COMMISSIONER BRADFORD:
That"s right.
CHAIRMAN HENDRIE:
It seems to me if you and 17 Commissioner Bradford agree that it would be presumptuous 18 of me to ask for a vote on the matter -
19 COMMISSIONER KENNEDY:
Could I as a matter of 20 clarification ask whether it is going to be an opinion or
. 21 a policy statement, or did you_decide?
22 23 24 25 It is entirely up to you.
I don't care.
COMMISSIONER BRADFORD:
I think that would have to await the sub st anti ve c omme nt s.
COMMI SSINER KENNEDY:
You*"re going to leave it
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COMMISSIONER BRADFORDs I would like to leave it open.
I would also like the feelings of both of you at 4
the time that it becomes pertinent.
5 COMMISSIONER KENNEDY:
Okay.i 6
COMMISSIONER BRADFORD:
I'm also knocking 7
11w is e,-111 "were. 11 8
CHAIRMAN HENDRIE:
All right, that is duly noted.
9 These l~nguages changes are fully within the control of the 10 commissioners whose names appear at thE heading of the 11 pa ragra.phs.
12 13 14 15 16 17 18 19 20 21 22 23 24 25 Very good.
I think we may have created a Merry iliristmas at least at some branches of the State Department.
(Whereupon; at 11 :50~ the meeting was adjourned.)