ML22230A090
| ML22230A090 | |
| Person / Time | |
|---|---|
| Issue date: | 02/09/1978 |
| From: | NRC/OCM |
| To: | |
| References | |
| Tran-M780209 | |
| Download: ML22230A090 (15) | |
Text
RETURN TO ~Fr,R[TAq111y Rf:"~ORDS NUCLEAR REGULATORY COMMISSION IN THE MATTER OF:
Open Meeting on RESPONSE TO MOTION BY STATES OF NEW YORK, WISCONSIN AND OHIO REGARDI NG ECONOMIC IMPACTS OF THE URANIUM FUEL CYCLE IN THE S-3 RULEMJ1_KING PROCEEDING Place - Washington, D. C.
Date - Thursday, 9 February 1978 Pages 1 - 11 Telephone:
(202) 347-3700 ACE - FEDERAL REPORTERS, INC.
Offici.al Reporters 444 North Capitol Street Washington, D.C. 20001 NAT10NWIDE COVERAGE* DAILY
DISCLAIMER This is an unofficial transcript of_ a meeting of _j:he United States Nuclear Regulatory Commission held on Ue.,,..,?. 9 / 97cY in the Commission's offices at 1717 H Street, N. \*/., V/ashington, D. C. The meeting was open to public attendance and observation. This transcript has not been revie\*Jed, corrected, or edited, and it may contain inaccuracies.
The transcript is infended 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 arg~ment contained herein, except as the Commission may authorize.
(
- NUCLEAR REGULATORY COMMISSION IN,. THE MATTER" OF:
Open Meeting on RESPONSE TO MOTION BY STATES OF ,NEW YORK, WISCONSIN AND OHI"O REGARDING ECONOMIC IMPACTS,OF THE URANIUM FUEL CYCLE IN THE s~3 RULEMAKING PROCEEDING*
Pia ca - Washington, D. C.
Cate - Thursday, 9 February 1978 Pages l - LL
================
Telephone:
. {202) 347<1700 ACE* FEDERAL REPORTERS, INC.
0-ffii:i.al Reporters 444 North Capitol Street Washington,0.C. 20001 NATIONWIDE COVERAGE
- DAILY
r 1
CR 6340. 1 *UNITED STATES OF AMERICA Barther .:1 2 NUCLEAR REGULATORY COMMISSION
- 3 Open Meeting on
.RESPONSE TO MOTION BY STATES OF NEW YORK, 5 WISCONSIN AND OHIO REGARDING ECONOMIC 6 . *IMPACTS OF THE URANIUM FUEL CYCLE i IN THE S-3 RULEMAKING PROCEEDING 8
9 Thursday, February 9, 1978
,10 Commission Meeting Room 1717 H Street N.W.
- 11 Washington, D.C.
12 The Commission conveneq, pursuant to notice, at 13 3:50 p.m.*
14 PRESENT: Commissioners Hendrie, Gilinsky and 15 Kennedy.
16
.*** 17
- 18 19 20 21 22 23 24 Mon!c!< Reporting Company 25
2 0
- CHAIRMAN HENDRIE: All right. May we resume our 2 gathering on the subject of Response to Motion by States of New 3 York, Wisconsin and Ohio Regaring Economic Impacts of the 4 Uranium Fue1*cycle in the S-3 Rulemaking Proceeding, states 5 for 'which I have the highest regard, *I might say, for an 6 assortment of reasons.
7 We have before the house a revised draft of 8 the response to the New York State motion by Mr. Eilprin, 9 reflecting some of the discussion of yesterday.
10 I have a marked-up copy which was left behind, ll" which I* understand is not at least universally favored.
12 Let's see. CLearly if we all could have agreed 13 ~:m some particualr set of wording, we would be here voting 14 . "aye" in°~ffirm~tion rather than discussing it. Either that; 15 or we haven't had time to focus on it.
16 Let me start o~t .by saying that I f6und Steve Eilprin's 17 draft fine :f.rom my standpoint .
. 18 COMMSISSIONER KENNEDY: I had two very very minor 19 editorial things for clarity purposes.
20 EILPRIN: Those are fine. I have no problem with 21 them.
22 COMMISSIOONER KENNEDY: On the first page, just to 23 try to .~put this in English rather than legalese, the 24 fourth line from the bottom it S~¥S "also move us." I would Monie!<: Reporting Company 25 say "also urge us"~
3 1 CHAIRMAN HENDRIE: I see. Whether they move us 2 remains to be seen.
3 .COMMISSIONER KENNEDY: That is correct, precisely.
4 CHAIRMAN HENDRIE: I think that i.s a good criticism.
5 COMMISSIONER KENNEDY: And on page 2, at the 6 very .end of that long long paragraph,it says "in a later i generic* rulemaking, we do not" and I would add "and need not 8
now address.,;
9 MR. EILPRIN: I would just reverse the order.
10 "We need not and do*not. "
11 COMMISSIONER KENNEDY: Okay, right. Which 12 suggests .that indeed we don't have to do it now, but that
- 13 14 15 does not imply.that we will not.
right.
MR.,EILPRIN:
That was my point.
That's right. I think that that's 16 COMMISSIONER KENNEDY: That is the only reason that ll we are not *doing it now is we don't have to.
,18 It looks fine to me that way.
19 *CHAIRMAN HENDRIE: Okay. SO your view would be 20 that with the. comments you have made, it would be fine.
21 Vic, what do you think?
22 COMMISSIONER GILINSKY: I was trying to 23 CH~IRMAN HENDRIE: Take care of Peter's thing?
24 COMMISSIONER GILINSKY: Yes, Peter's corrections.
Moriic~ Reporting Company 25 MR. EILPRIN: I really think that Commissioner
4 Kennedy's changes are consistent with Commissioner Bradford's 2 vj,ews. *
- I* think Commissioner Bradford just wanted to make 3 . .clear .that the matter is not now being decided whether or not 4 to later .hold a generic proceeding .
.5 . COMMIS.SIONER GILINSKY: He went beyond that, really 6 *COMMISSIONER KENNEDY: He said -- and I don't 7 have any objection to that, a generic rulemaking, if that is 8 :what we all conclude later is a wise course.
9 We don't need to, in my judgement we ought not 10 at this *point c;Iecide that, and certainly not what I think 11 this may imply,. the way he has drafted it, that indeed that 12 would b\':! a pa:rt of this proceeding. We can't do that, as 13 I
- understa:i:ld it, we are under an obligation to put a rule 0
14 in place.
15 MR .. EILPRIN: Under the court order.
16 MR. EILPRIN: That is what my sug~estion would 17 be, that*we*did not need Commissioner Bradford's changes.
18 The major problem I have with Commissioner Bradford s 19 suggestion is **that if in fact we. are going to have an economic 20 generic rulemaking, or are seriously thinking of having that 21 as a related phas~ of this rulemaking, it is something that 22 we should decide now, because that is going to otherwise 23 get the panel hopelessly confused.
24 And. also we have some obligation, I think, to Mon;c~ Reporting Company 25 this panel that took this proceeding as given, with the defined scope;* at least with regard to this* panel, to keep
5 1: that s*cope.
- This leaves open --
2 COMMISSIONER KENNEDY: Moreover, I am concerned 3 _ about the time. I can't visualize getting into this much 4 broader..sC!ope*-- and it would be a considerably broder scope,
~ as*we heard yeste~day from the staff, a very substantially 6 _ *broader score .. - We would never get it finished in the time f we are supposed to do this under the court order. or at least a that we have implied to the court that we would.
9 Now what I think one has to face is the fact that 10 at that point the arguments that we have used up until now, 11 to allow us to continue the licensing process. might well no 12 longer hold.
- I think at least they would be in question.
1
-- 13 14 MR. EILPRIN: As I understand what Commissioner Bradford is implying, I don't think that would be any serious
_15 problem at all. I thinkthat there would be one phase with 16 a particular rule coming out of ii, and that would be 17 *promulgated, arid then there would be another phase involving 18 economics~
19 I just think that that really is somewhat akin 20 to the idea of belated generic rulemaking, and the major proble 21* I hae in tying it.together as to this rulemaking is that I 22 -think it would *create difficulties for the Board, and it 23 implies, to my mind, that it would soon follow upon completion 24 of the present rulemaking.
25 I think.that that is something which the staff
6 1.* sho~J,d address in a paper. And I think that is the best 2 way to handle *it, the Cornrriission direct the staff to give it 3 a paper 4 COMMISSIONER KENNEDY:* We already did that
- 5. yesterday.**
6
- MR. EILPRIN: I am not sure if that direction was 7 cle~r . . But I think that the staff 8 COMMISSIONER KENNEDY: I think we can do that 9 right now.* I thought we did it yesterday. I thought you had 10 suggested or said we ought to look into that question, 'the 11* staff ought to look into this and give us their advice on it.
12 0OMMISSIONER GILINSKY: I would propose an 13 alternative here. Suppose we drop his language and put in 14 *"whether the.detailed economics of the fuel cycle" and so on,
.15 because*we ar~ saying that economic feasibility is relevant, 16 a~d. the distinction between costs and feasibility, I 17 think, is not i l l that clear.
18 CHAIRMAN HENDRIE: "Whether the detailed economic" 19 COMMISSIONER KENNEDY: Okay, drop his language 20 and put *:;in the word "detailed" after "whether the" .
21 . COMMISSIONER GILINSKY: Yes.
22 ,MR; EILPRIN: N6 problem.
23 .COMMISSIONER GILINSKY: And just drop his language.
24 I hope he will forgive me.
Mon!ck Reporting Company 25 COMMISSIONER KENNEDY: That is fine with me.
I
7
- CHAIRMAN HENDRIE: I intend to tell him -. *1 fouqht 2 like a tiger for his language, you wrested me down.
COMMISSIONER KENNEDY: I won't, because the 4, record of the meeting is clear anyway.
5, CHAIRMAN HENDRIE: Okay. "Detailed economic costs,'
6 the word "urge!' instead of "move," and "need not and do 7 not now address~" With those adjustments to the Elprin draft, 8 -Tc-would a:sk for a vote of those present.
9 CO~ISSIONER GILINSKY: Aye.
10 COMMISSIONER KENNEDY: Aye.
ll . CHAIRMAN HENDRIE: Aye. It is so ordered.
12 The Commission will now, before the flow dies
- 13. down, *will immediately rush to affirm several items.
14 MR. RYAN:.:'. MR. Chairman, could I ask a question ..
,15 What was the nature of the paper that you requested?
16 CHAIRMAN.HENDRIE: Yes. Do we in fact want to
.17 ask for a .. staff d.iscussion paper on the economic 18 COMMISSIONER KENNEDY: On the merits of. an economic 19 rulemaking. A generic rulemaking on the economic impact.
20 MR. RYAN: The purposes, what it will do.
21 COMMISSIONER KENNEDY: Yes.
22 COMMISSIONER GILINSKY: COuld I make one comment 23 that relates0 to one of 9ur previous discussions on scope?
24 CHAIRMAN HENDRIE: Yes.
. Mor,;c~ Rep*orting. Company 25 *coMMISSIONER GILINSKY: We discussed whether
8
- 1. rep~osessih<J_Should or should not be included, and decided
. ~ . .
2 . to .i,:nclude*it. *But there was some testimony that John Deutch (.)
3 gave, I think yesterday, in presenting the DOE view, 4 and* I am~ju~i.presenting this as an aside.
5 CHAIRMAN HENDRIE: All right, could you just tell 6 us where it. is* from, and go ahead.
7 COMMISSIONER GILINSKY: The testimony before the 8 House Committee on Science and Technology, which I think 9 was .on their **7 9 authorization yesterday. He does give the 10 DOE view as a preliminary view. But he says that reprocessing
- 11 _is not necessary for safe disposal of spent fuel.:'from light 12 wate:i; reactors~:,
- 13.
- I thought that was something that, you know,
- 14 cleared through their system, and I could not resist bringing 15 it up here ..
.
- 16 .* CHAIRMAN HENDRIE: I don' t see why you should 17 have r_esisted. I would be interested if you have the full
- 18. tr ansc~ipt, or that piece of it by John, I would 1 ike to 19 racl it~
20 _COMMISSIONEK<KENNEDY: COuld you make a copy of it?
21 I*would like to read his statement.
22 COMMISSIONER GILINSKY: Most of it is on other 23 subjects~
24 MR. PEDERSON: It is summarized ih Energy Daily.
, Mon!c~ Reporting Company 25 COMMISSIONER GILINSKY: It is relevant to Mr.
Scheslinger's comments.
9 CHAIRMAN HENDRIE: It sounds too J::Omplicated.
2 MR.-PEDERSON: It shows the great flexibility of 3
the Executive Branch.
4 CHAIRMAN HENDRIE: Now can the Secretary get us 5 *_ affirmed on three papers'? Let's see if you can do that.without 6
the ha,nd_touch:Lng the eye.
7_ MR. DOYLE: THere are actually two, Mr. Chairman.
~~ will del~y th~ affirmation of the Bailly matter at 8
9 counsel's request.
10 The first is a paper involving publication of a 11: rule ch~nge, requiring licensees to prepare safegaurds 12 conting~ncy plans.
- 13. : Ea.ch of you have approved a guidance memorandum 14 which resulted as a result of an exchange of correspondence 15 between:* .th~ Secretary and the Staff and OPD with a modification 16 by the Chai:tinan.
17 This guidance memorandum will clearly state when 18 tae contingency plans shall ~'e submitted and. when they shall 19 become ef-fective.
20 Eaqh of you have given the Secretary your approval 21 of this guidance memorandum, which authorizes publication 22 of the proposed rule.
23 CHAIRMAN HENDRIE: All in favor?
24 COMMISSIONER KENNEDY: Aye.
, Mon;c!< Reporting Company 25 COMMISSIONER GILINSKY: Aye.
10 1 CHAIRMAN HENDRIE: It is so ordered.
2 MR. DOYLE: The other* item relates to the GE 3 test reactor case. The paper:* before* you speaks of approval 4 of*. the issuance of an order designating and delegating 5 authority to a hearing board to rule on petitions to intervene 6 in the Vallecitos Nuclear Center license.renewal proceeding, 7 and to co.nduct a hearing, if one results from this action.
8 Each of you have indicated your approval of 9 p*roceeding with an order to the Off ice of the Secretary. The 10 Generai Cburi.sei has provided me with an order that wou[d ll take car~*of this. I will be pleased to circulate this to 12 your offices .for your Tieview, if you wish, prior to the 13 Secretary:~igning it. It is an order that is consistent with 14 your approval of this paper.
15 . CHAIRMAN HENDRIE: In that.case, I will call for 16 a vote on the merits, so to speak, and each will have a 17 *chance to look at the specific order language to make sure it 18 does indeed agrees with his conception. Ckay.
19 on.that basis, I would ask for an affirmative 20 vote.
21 COMMISSIONER GILINSKY: Aye.
22 ... COMMISSIONER KENNEDY: Aye.
23 CHAIRMAN HENDRIE: It is so ordered.
24 MR~ DOYLE: One other aspect of it: General 25 Counsel sent you a memorandum suggesting, or recommending that
11
- th~staff.paper~ SECY 78-23, on this matter, be released 2 for.anybne who might want to use it in the show-cause 3 proceeding. Each of your offices have indicated you have no 4 objection.to this. SO we will be doing that.
5 . CHAIRMAN HENDRIE: Okay.
6 MR. DOYLE: That's all I have, Mr. Chairman.
7 CHAIRMAN HENDRIE: Onward to agenda.
8 (Thereupon, at 4:10 p.m. the discussion on 9 S-:3 Rulemaking Proceeding was concluded.)
.. 10 11 12 13 14 15 16.
17
- 18 19 20 21 22
- 23 24 Monie~ Reporting Co.mpany 25