ML22230A095
| ML22230A095 | |
| Person / Time | |
|---|---|
| Issue date: | 07/31/1979 |
| From: | NRC/OCM |
| To: | |
| References | |
| Tran-M790731 | |
| Download: ML22230A095 (9) | |
Text
~£TURN TO SECRETARIAT RECORDS NUCLEAR REGULATO R Y CO MMI S S ION IN THE MA TTER OF:
PUBLIC MEETI NG AFFIRMATI ON SESSI ON
- 7 9- 23 Piece - 1\Ta s h i n g t o n , D. C.
Dote_ Tuesda y , 31 Jul y 1979 Pages 1 - 7 Telephon e:
(202 ) 347-3700 ACE - FEDERAL REPORTERS, IN C.
Offi.ci.a.l Reporters 444 North Cap ito l Str eet Washington , D.C. 2000 1 NATIONWIDE COVERAGE - DAILY
- CR62-59 r
- I.
DISCLAIMER . * :
. This is an unofficial* transcript* o*f a meeting of the United States Nuclear Regulatory*commission held onTues*day; 3,- ,JuJy 1979 in the Cominissions'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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\ ..
. -/* ..
2 CR6259
- 1 2
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
- 3 4
5 PUBLIC MEETING AFFIRMATION SESSION 79-23 6
7 8 Room 1130.
1717 H Street, N. W.
9 Washington, D. C.
10 Tuesday, 31 July 1979 11 The Commission met, pursuant to notice, at 5:30 p.m.
12 13 DR. JOSEPH M. HENDRIE, Chairman 14 VICTOR GILINSKY,'Commissioner 15 RICHARDT. KENNEDY, Commissioner 16 PETER A. BRADFORD, Commissioner 17 JOHN F. AHEARNE, Commissioner 18 PRESENT:'
19 S. Chilk.
20 21 22 23 'I I
24
- Ace-Federal Reporters,- Inc.
25
62.59.01
- J 3 ash CHAIRMAN. HENDRIE: Th~ room will please quiet --
2 the assembled multitude. I would like to ask my coll~agues to 3 join me in holding a short not.ice _rn.eeting on an affirmation 4 item.
5 CA chorus of ayes.)
.. 6- CHAIRMAN HENDRIE: So ordered
- 7 MR. CHILK: This is SECY-79-59-A, a proposed amendment 8 to 10-CFR, Part 73.55, to extend the implem~ntation date for 9 certain complementary and alternative measures for the **
10 protection against the insider threat *
.l ] -The purpose of the_paper would ext.end the time for
- 12 implementation .of pat down searches unt 11 February 1, 1.980 ..
- 13. Four of you have voted to a pp rove that paper. I have not 14 heard from Commissioner Gilinsky. I believe he proposed to 15 abstain-.
16 COMMISSIONER GILINSKY: I would extend it for a 17 .brief interval~*
18 MR .. CHILK: Commiss.ioner Ahearne, in his approval, 19 has suggested that the period be restricted to November 1st.
20 CO MMI SS !ONER AHEARNE: That was the only. grounds r 21 voted to approved it.
22 MR .... CH ILK: I have three votes, then ..
23 CHAIRMAN HENDRIE: What was the base date?*
24 .COMMISSIONER AHEARNE: Six months.
25 COMMISSIONER BRADFORD: Why don-'t you consider me to
5259 .o I. 2 4
.sh be joining John at November 1st, and that way, th-ere would be 2 three of us who don-'t think it ought to be any longer than
- 3 4
5 that.
COMMISSIONER KENNEDY: We are just making substantive re-arrangements to the paper. I would like to have further 6 time to consider it since this is just an affirmation item~
7 MR. CHILK: If we don-'t act on_ this paper, then the 8 pat down search becomes effective because it expires --
9 COMMISSIONER KENNEDY.: We.11, we-'re just violating our 10 own ruleso We 1 re supposed to come to the table and vote on Jl the issue that is before us and not discuss it@ And here we I
12 are having discussion and making a fundamental change in what
-- 13 14 15 has been decidedo That is not an affirmationo COMMISSIONER GILINSKY: Well., we have done that*
16 before ..
17 COMMISSIONER KENNEDY: No, by God, we haven'to 18 MR *. CHILK: We really .haven-'t, except that this one 19 came upon*us just at a particular moment in time. All of you 20 have been .in meetin~s all day tqday. We did go into this 21 meeting with three of you voting tb approvs the paper with the 22 date that the paper calls for, February 8th, Commissioner'
- 23 24 25 Ahearne saying November ..
COMMI.SSI0NER GILINSKY: We_ll, we coul_d vote on a quick discussion .meeting.
- /
6259. 01 .3 5
-sh I CHAIRMAN HENDRIE: LetJ's go back and unaffirm it.
2 I.think we have to.act on it. Those in favor of a short notice 3 .meeting to discuss the problem before us with the pat down 4 search rule, will please say aye *.
5
- CA choru_s of ayes.)
6 CHAIRMAN HENDRIE: So ordered.
7 I _take it that the ~taff has asked for six ~onths.
8 MR. CHILK: The staff asked for six months.on the 9* basis that you~ve got to ass~ss the hearing board 10 recomm*endations. You.J"ve just gotten a new paper on that and II theY believe that it will take you several months to do that, 12 following which they.J've got to put* in the implementat iono
- 13 14 15 And that was their reason for seiecting February.
CHAIRMAN HENDRIE: Gentlemen, we can* m~ke it November if a majority want to go there. But I think that that is 16 a guaranteed extension because I don.J"t think that the
. 17 .commission, since.*the commission has to take an action on the 18 . clearahce rule, and since that is a somewhat difficult matter, 19 it seems to me where I must say it is not clear to me where 20 one goes from here on it.
21 I d6n.J"t think that theii is any possibility of 22 clearing the pat *down search rule area by 1 November. I
-- 23 24 25 would recommend the six months. . But* if those of you would l ik to keep- it on a short leash would continue to .prefer to do that, either whether you agree or disagree with me about an
I 52~9 .O I .4 6"
- -~sh .*
apparent need to come back on November 1st.and extend in order 2 to get action. If a majority lies that way, I have no 3 objection.
4 COMMISSIONER AHEARNE: My first preference, frankly, 5 was for not extending it. But upon rereading it and sort of 6 sem.i-reluctantly, or reluctantly going along w-ith an extension*,
7 I .believe that the three months was about as far *as I could
- 8. realistically say that I co~ld goo 9 But I would have no problem with not extending.it ..
10 CHAIRMAN HENDRIE: Well, I don-'t know. Do you
.l I remember the discussions about that?
12 COMMISSIONER AHEARNE: Yes.
- 13 14 15 CHAIRMAN HENDRIE: I don-'t know if that happened before you came ..
COMMISSIONER AHEARNE:. WeJ.1 9 I have been to a lot 16 of stuff on it ..
17 CHAIRMAN. HENDRIE: All right. I have a vote for 18 November l st, wi 11-ingness to extend until No*vember_ f'sto
)9 Who else?
20 COMMISSIONER KENNEDY: I-'ve already voted.
,, 21 CHAIRMAN HENDRIE: I will vote February 1st .. Vic?
22 . COMMiSSIONER GI LINSKY: November 1st.
-- 23 24 25 COMMISSIONER BRADFORD: I wil 1 join John in November
-1st, with a request that, in fact, if it has not been dealt
~ith by then, give .us a little more warning.
7 MR. CHILK: Yes, I think the staff was late gatting 2 it up .. I think we goofed in not inviting your attention to 3 the fact that we d idn-'t pick this up i mmediafe ly o 4 CHAIRMAN HENDRIE:* It came upon us all of a sudden 5 here.
6 MR. CHILK: Nobody picked it up until last night~.
7 CHAIRMAN HENDRIE: Ail .right. I will rul.e that a 8 majority of the commission is willing to extend until November 9 1st. Please-note that, if I may, Dick, that Commissioner*
10 Kennedy and I agree with the extension, but think that the J l originally requested staff mark of February 1st would have I .
12 been mor.e appropriate.
13 COMMISSIONER BRADFORD: I would guess the November 14 . J st deadline would drive us toward at least an early *cut in 15 September at th~ clearance rule procsdureQ 16 CHAIRMAN HENDRIE: Yes. That .is one nf the things 17 -that weJv~ got to turn to after we get off the budgeto And 18
- also, as part of that, *why somebody, the counsel or semebody 19 has to figure out some ways of getting from where we are now 20 to wherever weJre going to goo.
. 21 I feit kind of defeated-by the complex.ity with which 22 . it ended ..
23 Okay.. We have an .order to dE3al with the thing .. The 24
- Secretary will please issue it.
25 (Whereupon, at 5: 30 p.m., thE3 hearing adjourned.)