ML22230A084
| ML22230A084 | |
| Person / Time | |
|---|---|
| Issue date: | 12/08/1977 |
| From: | NRC/OCM |
| To: | |
| References | |
| Tran-M771208 | |
| Download: ML22230A084 (9) | |
Text
ORIGIN L RETURN TO SECRET I\\Rl/\\ 1 RECORDS NUCLEAR REGULATORY COMMISSION IN THE MATTER OF:
PUBLIC MEETING POLICY SESSION 77-5 ~
and ADJUDICATORY SESSION 77-49 Place -
Washington, D. C.
Date _
Thursday, 8 December 1977 ACE. FEDERAL REPORTERS, INC.
Official Reponers 444 North Capitol Street Washington, D.C. 20001 NATIONWIDE COVERAGE* DAILY Pages 1 -
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{202 ) 347-3700
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION PUBLIC MEETING POLICY SESSION 77-St and ADJUDICATORY SESSION 77-49 Room 1130 1717 H Street, N. W.
Washington, D. C.
1 Thursday, 8 December 1977 T?e meeting was convened at 5:00 p.m., pursuant to notice, Dr. Joseph M. Hendrie, Chairman of the Commission, presiding.
BEFORE:
JOSEPH M. HENDRIE, Chairman PETER A. BRADFORD, Commissi,oner VICTOR GILINSKY, Commissioner RICHARDT. KENNEDY, Commissioner
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4 PROCEEDINGS CHAIRMAN HENDRIE:
The Commission. now turns to an.1.affirmation statement.
MR. HOYLE: There are several affirmations on.
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First is SECY~77-375, Petition for Rulemaking regarding 6
stationing a full-time federal employee in a reactors' control 7
room. The petition, as it came in, had three parts to it.
This a is one of the three parts. The other two are going to be handled 9
separately.
10 The Staff has recommended to you denial of this 11 portion of the p~_tit.ion, de*aling.wi*th $.tationing a f:uJl-time 12 federal employee in the control room. The recommendation is 13 14 15 16 17 18 19 20 21 22 23 founded on the* ground. that the current inspection program which will be improved by increasing on-site presence and increasing capabilities to perform independent veriiication adequately provides for fulfillmen.t of NRC responsibilities* in this area.
I have been noti.fied that each of you concur in this recommenda-tion, that this portion ci£ the petition be denied.
May I have your affirmation?
CHAIRMAN HENDRIE:
All those in favor, vote "aye."
( Chorus of ay_es.)
So ordered.
MR. HOYLE:
Next item, Mr. Chairman, is SECY-77-573, a petition regarding the exemption of Spark Gap Irradiators.
The Commission has been asked by the Staff to make a finding
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that the use of Spark Gap Irradiators, containing not more than one microcurie of cobalt-60, for use in e~ectrically-ignited fuel oil burners having a_firing rate of at least three gallons per hour will not constitute an unreasonable risk to the common health and security and to the hea~th of the public. This is a rulemaking filed on behalf of the Ray Burner Company.
CHAIRMAN HENDRIE:
An invironmental impact statement and a caustic note from OPE saying, no wonder these things take so long. Here you did a $3 on a $.25 item.
I believe we have a-11. voted._
MR. HOYLE:
You have all voted to concur in the recommendation. Beyond that, we have had a suggestion in the OTC memo to have periodic briefings on ipeti tions for rulemaking, suggested perhaps quarterly.
CHAIRMAN HENDRIE:.
But that falls outside 573.
Let's call for a vote-on 573.- Those in favor, say "aye."
(Chorus of ayes.)
We will deal with the OPC thing separately.
MR. HOYLE: The third item is a motion by Florida Cities to lodge certain.papers with you relating to alleged antitrust violations.
You have before you an order prepared by the Office of the General Council, which would deny this motion and order the Staff to refer the papers, to the Justice Department, which is consistent with an earlier order you made.
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I have been notified each of you concur in this order.
CHAIRMAN HENDRIE:
Those in favor?
(Chorus of ayes.)
MR. HOYLE:
We did have appended to that, editorial c0mments to that order, which you all looked at.
The next item, Mr. Chairman, as you recall, was appr0ved.by the Commission in Commissioner Kennedy's absence at the end of the meeting this morning, regarding the UCS petition.
I mention it now because it was noticed for this meeting this aft~rnoon.
CHAIRMAN HENDRIE:
Very good.
MR~ HOYLE:
You have approved an extension of time until December 15. for.the Staff to respond.
COMMISSIONER KENNEDY:
Aye, and register me as approving it.
COMMISSIONER-BRADFORD:
Either we should do it now, or we shouldn't have done what we did this morning.
COMMISSIONER KENNEDY:.
You can just indicate that I subsequently indicated my. approval or agreement.
MR.:.*HOYLE:
I have two other items, Mr. Chairman.
We have informed each of your officers that we have one other paper that is ready for affirmation that was not liste.d.
i It regards the approval of a 145-B clearance
- for an individual
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that the Staff would like to bring on as quickly as possible.
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25 You will have to vote to add this i tern on short notice, to the affirmation schedule today.
CHAIRMAN HENDRIE:
Deap J. Waldman (?) is a 5
consultant,. Standard Development.
Can I ask the Commission whether they are willing to vote the short notice addition to the agenda to consider the item?
All in favor?
(Chorus of ayes.)
MR. HOYLE:
I do have:* concurrenc§_s_: from each of you to auth0rize the employment of this individual while his investigation foi clearance is continuing?
COMMISSIONER GILINSKY:
But he does not have access to classified information during this period?
MR. HOYI;.E:
.rt is very clear you are determining he be precluded from access.* to information.
CHAIRMAN HENDRIE:
And Standard Development advises us he does not require access to national security information. So we have all agreed, and I would now ask the Commission to affirm these decisions.
(Chorus of ayes.)
CHAIRMAN HENDRIE:
So ordered.
MR. HOYLE.:
The -final i tem'j', we have been asked by the General Counsel's Office to add a discussion, a short discussion of.ALAB-435 in the St. Lucie case. This is an order which would extend time in which the Commission could review
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I would ask the General Counsel to explain the matter and the need to have it on short notice.
CHAIRJl-1AN HENDRIE:
I think we dropped one, didn't we?
Isn't this the one --
MR. TRUBATCH:
The Chairman has sent out a letter stating his prior involvement in.St. Lucie Unit
- 2 Alternative Site Review, giving the Intervenors time to object.
Unfortunately, the letter was sent out without the supporting papers. The supporting papers were served three days later, so they came to the Intervenors Friday or Saturday and the Monday was the time for. deadline.
CHAIRMAN HENDRIE: How do you like that strategy?
MR. TRUBATCH:
The Intervenor;. told me by.phone he has today sent in his objection.
He will object.
So we think there should pe more time to receive his objections and consider them.
COMMISSIONER GI LINSKY: We have three more days?
MR.. 'r'.RUBATCH:
No. The Chairman, I,understand, will be away next week, so to give everyone time, until the 23rd.
CHAIR!'\\1AJ.~ HENDRIE:
,. We have to vote to put it on the agenda.
May I have your agreement* to put it on the agenda?
(Chorus of ayes.)
So we have an affirmative vote on putting it on agenda on short notice.
Will you please vote with me to extend
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the time to the 23rd?
( Chorus of ayes.)
CHAIRMAN HENDRIE:
So ordered.
MR. HOYLE: That concludes the meeting, as far as I know.
We have an agenda planning session.
(Whereupon, at 5: i. 7 p.m., the meeting was adjourned.