ML22230A197

Tran-M780525: Affirmation Session 78-11

ML22230A197
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Issue date:	05/25/1978
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Download: ML22230A197 (1)

Text

ORIGI A RETURN TO SECRETARIAT RECORDS

NUCLEAR REGULATORY COMMISSION

IN THE MATTER OF:

AFFIRMATION SESSION 78-11

Place - WASHINGTON, D. C.

Date - May 25, 1978 Pages 1 - 7

Telephone :

( 202) 3.47-3700

ACE

• FEDERAL REPORTERS, INC.

Officia.i Reporters

444 North Capitol Street Woshingtor-. D.C. 20001

NATIONWIDE COVERAGE - DAILY 7

e.

DISCLAIMER

Nuc1 ear Regu This 1s an unofficial transcript of a meetini of the United States 1 a tory Cammi ss ion he 1 d on MAY 2 5, 1 7 8 in the

Commission 1 s offices at 1717 H Street, N. ~-1., l*!ashington, 0. C. The

nee ting \\'las open to public attendance and observation. Tlii s transcript has not been revi e\\*1ed, 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 de"terminations 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:.1ment contained herein, except as the Commission may authorize.

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jeri UNITED STATES OF AMERICA er 7628 Whitlock 2 NUCLEAR' REGULATORY COML"v!ISSION

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4 PUBLIC MEETING 5 AFFIRMATION SESSION 78-11

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• Room 1130 8 1717 H Street, N.W.

Washington, D.C.

9 Thursday, 25 May 1978

10 The Commission met, pursuant to notice, at 3:55 p.m.

11 BEFORE:

12 DR. JOSEPH M. HENDRIE, Chairman

13 PETER A. BRADFORD, Commissioner

14 VICTOR GILINSKY, Commissioner

15 RICHARDT. KENNEDY, Commissioner

16 17 PRESENT:

18 SAMUEL CHILK, Secretary

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! Ace-Federal Reporters, Inc.

25 628. 07. l 2 pv CHAIRMAN HENDRIE: The Secretary will lead us in

2 an affirmation.

3 MR. CHILK: This is SECY paper 78-255, that deals 4.with an FOIA appeal of Stanley Klein for documents in the OIA 5 file on his open-door complaint; and it is a joint effort 6 between OIA and OCG to resolve this appeal. which the 7 Commission, as recommended in the paper, has been asked to 8 approve the release of 10 documents to Mr. Klein.

9 Chairman Hendrie has approv.ed the recommendation of 10 the paper. Commissioners Gilinsky and Kennedy have approved

.11 the recommendation.

12 COMMISSIONER GILINSKY: I understand there is some

'. - 13 deletion. I have been persuaded that it should not be. I have I

14 *

• MR. CHILK: The deletion that is being requested, changed my vote here.

15 if I can just air the i.ssue for a moment, is that in the 16 release of the 10 documents, the Commission decided not to 17 release.the file number and the internal circulation list.

18 That is the. point at issue.

19 I don~t think that Commissioner Bradford disagrees 20 with the release of the JO documents. I have just heard of 21 Commissioner GilinskyJs change of vote. But originally, he

22 agreed with the release of the 10 documents.

23 What they are objecting to is a retention, 24 nonrelease of the file numbers and the internal circulation

25 memorandum. That is, as I understand it, that is Commissioner 8.07.2 3 pv Bradford*"s view.

2 COMMISSIONER BRADFORD: I think if you take -- I 3 guess it was originally the SECY paper that contains the OGC 4 views and starting point.

5 COMMISSIONER KENNEDY: I don-"t understand what --

6 what is it we were called upon to vote on, in the first place?

7 And what is it that we voted, and where are we now?

8 MR. CHILK: We were called upon to vote a 9 recommendation of the general counsel that we dispose of an 10 FOIA appeal by releasing 10 documents to Mr. Stanley Klein.

11 COMMISSIONER KENNEDY: With the exception of what?

12 MR. CHILK: With the exception of the deletion of

13 file numbers, internal circulation, and the deletion of some 14 names.

15 COMMISSIONER KENNEDY: Excuse me, I can-"t hear.

16 MR. CHILK: The deletion of file numbers and the 17 deletion of internal distribution lists that are on the paper.

18 and the distribution of certain names that are referred to.

19 There seems to be no argument about the release of the paper, 20 and there seems to be no difference about the matter of names.

21 Commissioner Bradford, I believe, feels that the 22 internal distribution, 3.2, you know, 320 point, wherever you 23 f i 1 e it, shoul dn*" t be re 1 eased. The document has recommended 24 that it won't be released. OIA does not want it released 25 because they think that it represents a shopping list to 28.07.3 4 pv potential lookers at the system.

2 There is an internal circulation list; that is the

3 issue.

4 COMM! SSIONER KENNEDY: What would be the purpose of 5 releasing thB internal circulation list? I don 1 t think that 6 is relevant here. I think that there is no question about 7 oomplyirig with the la.w.

8 COMMISSIONER BRADFORD: That is my problemo I

9 don 1 t think that the law permits withholding the ~nformation

10 that OIA wants to withhold.

1 l MR. CHILK: The general counsel has pointed out

12 that it is permissibl2 to withhold this under the -

13 COMMISSIONER KENNEDY: The executive legal director 14 has indicated -- it is my recollection, that the general counsel 15 said the same thing.

16 CHAIRMAN HENDRIE~ I wonder if I can call Mr. -

17 Vic, if you changed your vote, then this item comes off the 18 agenda. We are not scheduled -.we do not have scheduled a 19 meeting.for the Commission to discuss. If we are going to

20 discuss the major merits of the issue and decide whether it

21 should or shouldn 1 t go, or that it doesnJt or does comply.with

22 the law, let 1 s schedule a meeting of the Commission, and OGC

23 can present their views, and anybody else who wants to,

24 theirs. And maybe the Commission can make a decision. Okay?

25 So, let 1 s scratch it as an affirmation item at the 628.07.4 5

pv present time.

2 COMMISSIONER KENNEDY: We will now be in violation 3 of the law? We will have not accomplished the release within

4 the time specified?

5 CHAIRMAN HENDRIE: I suppos~.

6 COMMISSIONER BRADFORD: I don--'t have any difficulty

7.with that.

8 MR. KELLEY: There would remain the question of

9 whether.we might later decide to also delete -- what you are

10 objecting to, we might send out an additional.copy releasing

.I l more --

12 COMMISSIONER BRADFORD-: At that point, we would

13 have to indicate to them that we still had a piece of it under

14 review.

15 MR. KELLEY: Yes.

16 COMMISSIONER BRADFORD.: You could indicate what was l 7 de f i n i t e l y -11 yes, " what was de f in it e l y.1, no,-11 a n d what was

18 deleted.

19 MR. KELLEY: It is 9/10 of a loaf. You would prefer

20 to wait?

21 COMMISSIONER KENNEDY: I am not going to release

22 agree to release documents that say "parts of the documents

23 are still being discussed."

24 CHAIRMAN HENDRIE: We keep turning inevitably to 25 the substance of the matter, and that is the nature of an 628.07.5 6

pv affirmation session.

2 (Whereupon, at 3:55 p *. m., the meeting was

1. 7 3 adjourned.)

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