ML20207P291

Transcript of Commission 870109 Affirmation/Discussion & Vote Public Meeting in Washington,Dc.Pp 1-7

ML20207P291
Person / Time
Issue date:	01/09/1987
From:	NRC COMMISSION (OCM)
To:
References
REF-10CFR9.7 NUDOCS 8701150361
Download: ML20207P291 (12)

Text

ORIGINAL UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the matter of:

COMMISSION MEETING Affirmation / Discussion and Vote (Public Meeting)

Docket No.

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l Location:

Washington, D. C.

Date:

Friday, January 9, 1987 Pages:

1-7 8701150361 870109 PDR 10CFR PT9.7 PDR ANN RILEY & ASSOCIATES Court Reporters

(.,

1625 I St., N.W.

Suite 921 Washington, D.C. 20006 (202) 293-3950

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D I SCLA 1 MER 2

3 4

5 6

This is an unofficial transcript of a meeting of the 7

United States Nuclear Regulatory Commission held on S

1/09/87 In the Commission's office at 1717 H Street, f

9

'N.W.,

Washington, D.C.

The meeting was open to public s

10 attendance and observation.

This transcript has not been 11 reviewed, corrected, or edited, and it may contain g-12 inaccuracles.

13 The transcript is intended solely for general 14 Informational purposes.

As provided by 10 CFR 9.103, it is 15 not part of the formal or informal record of decision of the 16 matters discussed.

Expressions of opinion in this transcript ~

17 do not necessarily reflect final determination or beliefs.

No 18 pleading or other paper may be filed with the Commission in 19 any proceeding as the result of or addressed to any statement 20 or argument contained herein, except as the Commission may 21 authorire.

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1 l

UNITED STATES OF AMERICA 2

NUCLEAR REGULATORY COMMISSION 1

3 4

AFFIRMATION / DISCUSSION AND VOTE 5

6

[PUBLIC MEETING]

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8 Nuclear Regulatory Commission 9

Room 1130 10 1717 H Street, Northwest 11 Washington, D.C.

12 13 Friday, January 9, 1987 14 15 The Commission met in open session, pursuant to 16 notice, at 3:32 p.m., the Honorable LANDO W. ZECH, JR.,

17 Chairman of the Commission, presiding.

p 18 I

19 COMMISSIONERS PRESENT:

20 LANDO W.

ZECH, JR.,

Chairman of the Commission 1

21 THOMAS M. ROBERTS, Member of the Commission 22 JAMES X. ASSELSTINE, Member of the Commission l

23 FREDERICK M. BERNTHAL, Member of the Commission i

24 KENNETH M. CARR, Member of the Commission 25

s-1 STAFF AND PRESENTERS SEATED AT THE COMMISSION TABLE:

2 WILLIAM C. PARLER

~3 SAMUEL J.

CHILK 4

5 6

7 8

9 10 11 12 13 14 15 16 17 18 19 20 21 22 l

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PROCEEDINGS 2

CHAIRMAN ZECH:

Good afternoon, ladies and j

3

' gentlemen.

This is an affirmation session.

It's my 4

understanding we have one item before us to affirm.

Before I 5

ask the Secretary to lead us through the item do any of my 6

fellow commissioners have any remarks to make?

If not, 7

Mr. Secretary, please.

8 MR. CHILK:

The item, Mr. Chairman, is86-372, 372A' 9

dealing with the appeal board's partial decision in the Public 10 Service Company of New Hampshiro, ALAB-853.

If I could ask 11 the Commission to vote to hold this on less than five day's 12 r.otice.

13 (Chorus of ayes.]

14 MR. CHILK:

In this paper the Commission is being 15 asked to act on an order which deals with the Commission 16 review of ALAB-853.

17 Chairman Zech, commissioners Roberts, Asselstine and 18 Bernthal have approved an order which was attached to our 1

^

19 memorandum dated January 9th, which indicates that the 20 Commission has decided to review ALAB-853, sua sponte, to 21 consider whether as a matter of law or policy a utility l

22 applicant should be required to submit a radiological l

23 emergency plan for the entire emergency planning zone for a l

24 facility before any operating license may be issued.

The t

25 Commission order also stays the Director of NRR from

4-1 authorizing low power operations for the Seabrook facility 2

Luntil the Commission review is complete.

3 Commissioner Carr has disapproved the order and 4

would have declined review of ALAB-853.

5 Would you please affirm your votes?

6 (Chorus of ayes.]

7 CHAIRMAN ZECH:

Is there anything else to come 8

before us today?

(

9 MR. CHILK:

No, sir.

There was a matter that --

i 10 COMKISSIONER ASSELSTINE:

So we're not going to do 11 Seabrook.

12 MR. CHILK:

The question is what you want to do 13 about-Seabrook.

14 COMMISSIONER BERNTHAL:

Ycu mean Shearon Harris.

15 COMMISSIONER ASSELSTINE:

I mean Shearon Harris.

l 16 MR. PARLER:

Mr. Chairman.

17 COMMISSIONER ASSELSTINE:

Yes, we just did Seabroox.

18 CHAIRMAN ZECH:

Please, go ahead.

19 MR. PARLER:

Legally you certainly don't have to, 20 but all of you are here.

Apparently there's a difference of opinion, and as a matter of discretion I would respectfully 21 I

i 22 suggest that you might want to go ahead and affirm the Shearon 23 Harris order also, sir.

24 CHAIRMAN ZECH:

Let me just say that it's my 25 understanding that the affirmation of the Shearon Harris order e

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is a matter to be done as an individual case situation, if we 2

do decide to do it.

And I don't think we should make any 3

intention to establish a precedent in future cases.

4 COMMISSIONER ROBERTS:

I agree with that.

5 CHAIRMAN ZECH:

But commissioner Asselstine, I 6

believe, is requesting that and if my fellow commissioners 7

don't have any problem with doing i,t this way and not setting 8

a precedent I'd suggest we go ahead and affirm that.

9 Commissioner Asselstine, do you have any comments?

10 COMMISSIONER ASSELSTINE:

Yes, my preference would 11 be to affirm it.

12 CHAIRMAN MECH:

I have no problem with affirming it i

13 under those circumstances.

14 COMMISSIONER BERNTHAL:

It doesn't matter a bit to 15 me.

16 COMMISSIONER ROBERTS:

Well, I'm just curious, 17 what's the difference?

18 COMMISSIONER ASSELSTINE:

I just thought that's the 19 way we've always done it in the case of these orders on 20 immediate effectiveness on an operating license.

21 COMMISSIONER BERNTHAL:

No one ever could explain to 22 me exactly why we choose what we do to affirm and why we don't 23 affirm other things.

I never understood it.

9 24 CHAIRMAN ZECH:

I have no problem with doing it on a 25-non-precedent basis.

Commissioner Carr, do you want to make wew y

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• 1 any comment?

2 COMMISSIONER CARR:

No.

3 CHAIRMAN ZECH:

Perhaps the Secretary then would

'4 give us the Shearon Harris affirmation statement so we'll be 5

sure we know what we're affirming.

4 6

COMMISSIONER BERNTHAL:

Another bizarre aberration 7

of the Sunshine Act.

8

[ Laughter.]

9 CHAIRMAN ZECH:

Go ahead, Mr. Secretary.

10 MR. CHILK:

Firstly, would the Commission vote to 11 hold this matter on less than one week's notice.

12 (Chorus of ayes.]

i 13 MR. CHILK:

Thank you.

The Commission in this 14 paper, SECY 87-6 has before it a-proposed order which provides 15 written memorialization of the action that the Commission took 16 j

yesterday with respect to authorizing the issuance of a full 17 power license for Shearon Harris.

The order is attached to 18 SECY 87-6.

19 Would you please affirm your votes?

I have the r

20 Chairman approving it; I have Commissioner Roberts approving 21 it; I have Commissioner Carr approving it with some editorial 22 comments.

I do not have votes actual ~y from Mr. Bernthal and I

23 Mr. Asselstine.

24 COMMISSIONER BERNTHAL:

I approve it.

25 COMMISSIONER ASSELSTINE:

I have one minor editorial

I 4

7 1

nit which I can circulate around and everybody can take a look 2

at, but I'm prepared to affirm it.

3 MR. CHILK:

Then the vote would be five to nothing 4

in favor of approving the order, subject to whatever changes.

5 Would you please affirm your votes?

6 (Chorus of ayes.]

7 MR. PARLER:

Mr. Chairman, may I ask a question?

8 CHAIRMAN ZECH:

Yes, please.

9 MR. PARLER:

Until the editorial nit is taken care 10 of and the order is actually issued, may we be authorized to 11 tell the staff that they may issue this license?

12 CHAIRMAN ZECH:

Yes, I think that's appropriate.

13 MR. PARLER:

All right.

14 CHAIRMAN ZECH:

Is there any other business to come 15 before us today?

16 MR. CHILK:

I have nothing more.

17 CHAIRMAN ZECH:

Thcnk you very much.

18 (Whereupon, at 3:37 p.m.,

the affirmation session 19 was concluded.)

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2 REPORTER'S CERTIFICATE 3

4 This is to certify that the attached events of a 5

meeting of the U.S. Nuclear Regulatory Commission entitled:

6 7

TITLE OF MEETING: Affirmation / Discussion and Vote (Public Meeting) 8 PLACE OF MEETING:

Washington, D.C.

9 DATE OF MEETING: Friday, January 9, 1987 l

10 e.-

11 were held as herein appears, and that this is the original 12 transcript thereof for the file of the Commission taken

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13 stenographically by.ne, thereafter reduced to typewriting by 14 me or under the direction of the court reporting company, and 15 that the transcript is a true and accurate record of the 16 foregoing events.

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Pamela Bri 19 20 21 22 Ann Riley & Associates, Ltd.

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