ML20154D663

Transcript of 880506 Public Meeting in Rockville,Md Re Affirmation/Discussion & Vote.Pp 1-7

ML20154D663
Person / Time
Site:	Farley
Issue date:	05/06/1988
From:	NRC COMMISSION (OCM)
To:
References
REF-10CFR9.7 NUDOCS 8805190287
Download: ML20154D663 (11)

Text

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-l UNITED STATES OF AMERICA

. NUCLEAR REGULATORY COMMISSION

Title:

AFFIRMATION / DISCUSSION AND V0TE i

Location: ONE WHITE FLINT NORTH, ROCKVILLE, MARYLAND

.; -Date: FRIDAY, RAY 6, 1988 t

Pages: 17 1

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Ann Riley & Associates Court Reporters i 1625 i Street, N.W., Suite 921 f, Washington, D.C. 20006 j (202) 293-3950 8805190287 080506

POR ADOCK 05000340 i T POR l

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I DISCLAIMER  !

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! i l This is an unof ficial transcript of a meeting }'

I i of the United States Nuclear Regulatory Commission held f I on May 6, 1988 in the Commission's office at One ,

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j White Flint North, Rockville, Maryland. _

The meeting was [

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l open to public attendance and observation. This transcript t j has not been rev'iewed, corrected or edited, and it may i j

j contain inaccur6cies, i 1

f The transcript is intended solely for general i  ;

! informational purposes. As provided by 10 CFR 9.103, it is l i

! ~'not part of the~ formal or informal record of decision of the  :

1 l j matters discussed'. Expressions of opinion in this transcript  ;

do not necessarily reflect final determination or beliefs. [

t No pleading or other paper may be filed with the Commission f

in any proceeding as the result of, or addressed to, any statement or argument contained herein, except as the f

Commission may authorize. [

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1 j 1 1 UNITED STATES OF AMERICA  !

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2 NUCLEAR REGULATORY COMMISSION 1

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) 4 AFFIRMATION / DISCUSSION AND VOTE 5 ***

i 6 PUBLIC MEETING J

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A 8 Nuclear Regulatory Commission

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9 One White Flint North 7, 10 Rockville, Maryland 11 i

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12 Friday, May 6, 1988 13

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I 14 The Commission met in open session, pursuant to  !

s 15 notice, at 11:45 a.m., the Honorable LANDO W. ZECH, Chairman of I I

16 the Commission, presiding.

17 COMMISSIONERS PRESENT:

1 18 LANDO W. ZECH, Chairman of the Commission 19 THOMAS M. ROBERTS, Member of the Commission 1

j 20 FREDERICE M. BERNTHAL, Member of the Commission {

i 21 KENNETH CARR, Member of the Commission i

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2 1 1 STAFF AND PRESENTERS SEATED AT THE COMMISSION TABLE:

2 3 J. HQYLE 4 J. FITZGERALD ,

5 S. ALOOT 6

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1 PROCEEDINGS 2

[11:45-a.m.]

3 CHAIRMAN ZECH: Good morning, ladies and gentlemen.

4 This is an affirmation session. I understand we have i 5 one item to come before us this morning. Before we ask the i I

6 Secretary to lead us through the item, do any of my fellow 7 Commissioners have any comments to make?

8 (No response.]

9 CHAIRMAN ZECH: Does the Secretary understand that we 10 have to hold a vote to hold this meeting on less than one 11 week's notice; is that correct?

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12 " MR.' HOYLE: Less than one week's notice; yes, that's i

13 correct.

14 CHAIRMAN ZECH: All right. May I have such a vote?

15 COMMISSIONER BERNTHAL: Aye.

I 16 COMMISSIONER ROBERTS: Aye.

l 17 COMMISSIONER CARR: Aye.

18 CHAIRMAN ZECH: Aye.

19 Mr. Secretary, would you lead us through the item, 20 please?

21 MR. HOYLE: Thank you, sir.

22 The paper before you is SECY-88119, the title of 23 which is "Motion to Modify or Quash Subpoenas, Farley Nuclear 24 Plant Investigation."

4 25 Under consideration is a motion by eleven employees

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. 1 at the Farley Nuclear Power Plant to modify or quash subpoenas' 2 issued by the Director of the Office of Investigations on April 3 the 13th of this year. The Commission is being asked to 4 approve an order prepared by the Office of the General Counsel, 5 which would deny the motion to quash, but grant in part the 6 motion to modify the subpoenas.

7 The order would modify the language of the subpoenas 8 to'better indicate the specific range of documents desired by 9 OI, and I would ask Mr. Alcot to describe the status of the 10 vating. He has walked around a late version of the order and 11 has the up-to-the-minute status of the voting.

12 MR. ALOOT: Subsequent to the distribution of the 13 SECY paper, Alabama Power's Counsel and Counsel for,'I believe, 14 18 of their management officials filed a Petition to Intervene.

15 The original proposed Commission order has been modified to 16 reflect that filing and to also reflect that there is no 17 proceeding to intervene in, and tPerefore it's an unauthorized 18 filing, but also to indicate that the views of the petition or 19 set forth in that Petition to Intervene had been considered in 20 reaching a decision on the resolution of the motion to quash or 21 modify the subpoenas.

22 We did.have some votes that came in, apparently based 23 on a reading of the first order or proposed order, and for the 24 purpose of this vote, I need to -- the Secretary needs to 25 determine that the votes that you are affirming apply to the

5 2 1 revised order. I believe all the offices have gotten and 2 reviewed copies of this revised order.

3 CHAIRMAN ZECH: I believe that's true. It is in my 4 case, I know.

5 ~ COMMISSIONER CARR: And in my case.

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6 CHAIRMAN ZECH: All right. We've all seen the 7 revised order, I presume. Did anybody --

8 COMMISSIONER BERNTHAL: I assume that's the order 9 dated May 4th?

10 MR. HOYLE: No. There's one May 6th.

11 Pause.)

12 ~ CdMMISSIONER BERNTHAL: I see. That's dated today.

13 MR. HOYLE: Yes.

14 COMMISSIONER BERNTHAL: And only Footnote 2 is --

15 that's the only addition.

16 MR. HOYLE: The new footnote.

17 COMMISSIONER CARR: I still have one change I'd like 18 to get made in the order that didn't get made as a result of 19 the vote on'the first order, and that's on page 4, the fifth 20 line down.

21 I'd like to delete the words "distinguish from 22 inspections" in the parentheticcl phrase there.

23 CHAIRMAN ZECH: What page again is that?

24 COMMISSIONER CARR: Page 4 of the order. I think 25 there's a -- I don't think that adds anything to the order, and

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. 1 I think it --

2 CHAIRMAN ZECH: Where is it again? I see page 4, but 3 --

4 COMMISSIONER CARR: Page 4, fifth line.down. There's 5 a parenthetical there that says "distinguish from inspections."

6 That's editorial.

7 CHAIRMAN ZECH: I have no problem with that.

8 COMMISSIONER BERNTHAL: Well, let's see. If the 9 Counsel has no difficulty with that change, then, that's 10 certainly no problem for me.

11 The footnote, I gather, is the only addition, the 12 " only change,"which we received this morning. it appears only 13 to be explanatory, so I have no problem with that.

14 CHAIRMAN 2 ecd: All right. Does anybody have any l

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15 problem with that?

l 16 (No response.)

17 CHAIRMAN "ECH: No is the answer, I guess.

18 MR. HOYLE: The change, th'en, that you've made this 19 morning is deleting the parenthetical on page 4, and I ask you 20 to affirm your votes.

21 CHAIRMAN ZECH: Aye.

22 COMMISSIONER BERNTHAL: Aye.

23 COMMISSIONER ROBERTS: Aye.

24 COMMISSIONER CARR: Aye, 25 . CHAIRMAN ZECH: Is there anything else to come before l

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. 1 us this morning, Mr. Secretary?

2 MR. HOYLE: No, sir, there isn't.

3 CHAIRMAN ZECH: All right. Thank you very much. We 4 stand adjourned.

5 (Whereupon, at 11:50 o' clock, a.m., the Commission 6' meeting was adjourned.]

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CERTIFICATE OF TRANSCRIBER This is to certify that the attached events of a meeting of the U.S. Nuclear Regulatory Commission entitled:

TITLE OF MEETING: Affirmation / Discussion and Vote PLACE OF MEETING: Washington, D.C.

DATE OF MEETING: Friday, May 6, 1988 were transcribed by me. I furth'er certify that said transcription is accurate and complete, to the best t

of my ability, and that the transcript is a true and

- accurate record of the foregoing events.

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- D'2dusu - e too O u (l

Ann Riley & Associates, Ltd.

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Document Control Desk, 016 Phillips El

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ADVANCED COPY TO: The Public Document Rocm DATE: J79 /8[

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j FROM: SECY Correspondence & Records Branch

!:, Attached are copies of a Comission meeting transcript and related meeting g i document (s). They are being forwarded for entry on the Daily Accession List and F j placement in the Public Document Room. No other distribution is requested or d M

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