ML19341B180
| ML19341B180 | |
| Person / Time | |
|---|---|
| Issue date: | 01/15/1981 |
| From: | NRC COMMISSION (OCM) |
| To: | |
| Shared Package | |
| ML19341B181 | List: |
| References | |
| FRN-44FR61372, REF-10CFR9.7, RULE-PR-50, RULE-PR-51 NUDOCS 8101300405 | |
| Download: ML19341B180 (8) | |
Text
s NUCLEAR REGULATORY COMMISSION g
COMMISSION MEETING 5
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In the Mattar of:
AFFIRISTION SESSION 81-2 f
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DATE:
Januar'y 15, 1981 PAGES:
1-6 AT:
Washington, D. C.
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400 Vir:#.sia Ave., S.W. W==h 4 ncp::sa, D. C. 2002 4 Telephone : (202) 554-2345 810180n Oh
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1 UNITED STATES OF AMERICA 2
NUCLEAR REGULATORY COMMISSION 3
4 AFFIRMATION SESSION 81-2 n
5 S
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R Nuclear Regulatory Commission 7
Room 1130 s
1717 H Street, N.W.
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Washington, D.C.
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Thursday, January 15, 1981 x
h 10 The Commission met, pursuant to notice, at 3:25 p.m.
11 BEFORE:
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12 JOHN F. AHEARNE, Chairman of the Commission
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13 JOSEPH HENDRIE, Commissioner u
m 14 VICTOR GILINSKY, Commissioner
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15 PETER BRADFORD, Commissioner g
16 STAFF PRESENT:
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17 JOHN Hoyle, Assistant Secretary
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18 LEONARD BICKWIT, General Counsel n;
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20 21 22 23,
i 24 25 ;
1 ALDERSON REPORTING COMPANY, INC.
DISmm 1
31s is an unofficia.L ::ansc=1pc of a. maeHas of cha Uc1':ad Scatas Nuclear Regulaccry Cc= mission held on / f _Imone /W/
in tha commisston's officas.a: 1717 E Screec, N. W., Wash 1hstan, D. C.
La meet 1=g was opea No public at:andanca and obserracion.
This.==ans@c has see been raviewed, corrac:ad,. or edi.ad, and ic :say contain i= ace-=M me.
The c:anse:1pc is incandad solely for ganaral info:=ational pu:r.aposes.
As provided by 10 CZ19.103,1: is sat par: of the for=al or 4 darmal record of decision of the mat:ars discussed.
Expressions of opdados in -Jits ::anse:13e da sac secessarily reflect final decarzinacions or be11afs.
No p1==dd or other paper may ba filad vi:h the Commission in,any p cceeding as tha resul: of or addrassed to any stacamane or a.gumane conta1=ad 5
harmin, arcape as the Commission say au:ho:fza.
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EEEEEEE1EEE 2
CHAIRMAN AHEARNE:
The meeting starts again as an 3
affirmation discussion session.
John?
4 MR. HOYLE:
Mr. Chairman, if I could begin, perhaps, e
5 with the order first circulated to you by Marshall Miller's
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memorandum dated December 19th.
A revised version was circulated R
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on January 14th.
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I have obtained the approval of that of yourself and d
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Commissioners Gilinsky and Hendrie.
Mr. Bradford, I have not heard Y
10 from you.
El 11 COMMISSION C BRADFORD:
All right.
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12 MR. HOYLE:
Would you affirm your votes, please?
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13 (Chorus of ayes.)
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l 14 MR. HOYLE:
The other item is the EDO Delegations of i
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15 Authority paper.
I circulated a matrix for that and I can see l
j 16 there are several areas on which you all agree.
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fj 17 CHAIRMAN AHEARNE:
Could I just for clarification, John, l
18 say, s.ince there are still some fundamental areas of disagreement, E
y 19 the reason it is coming up today is?
n 20 MR. HOYLE:
The reason it is comihg up today is, knowing 21 the General Counse1~had re-issued a paper, we scheduled it on l
22 the basis of hopeful approval and did not take it of'f the schedule l
23,
when we found that we did not have it all locked up.
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24 CHAIRMAN AHEARNE:
I see'.
l 25,
MR. HOYLE:
I am prepared to withdraw it, sir, since l
I ALDERSON REPORTING COMPANY, INC.
3 1
thare is no full agreement.
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CHAIRMAN AHEARNE:
I think there are some fundamental 3
areas of disagreement that I don't think we have really resolved.
4 MR. HOYLE:
All right, I shall pull it back, then.
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COMMISSIONER HENDRIE:
Is it clear that we would do N
6 better with further discussion in some form, which I don't see E
7 at the moment, rather than just voting?
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CHAIRMAN AHEARNE:
Well, let me ask you a different way.
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9 There are some sections here which we all agree on.
10 COMMISSIONER GILINSKY:
Why don't we siinply affirm all E
11 these on which we are unanimous?
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12 CHAIRMAN AHEARNE:
All right, we can certainly do that.
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13 COMMISSIONER GILINSKY:
I mean, I don't even know which u
l 14 section is which.
15 CHAIRMAN AHEARNE:
As a starter, John, why don't we
- j 16 do that?
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17 COMMISSIONER GILINSKY:
Or at least the ones on which z
18 there is a majority, let's put it that way.
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MR. BICKWIT:
I think this ought to be reviewed to see n
20 whether it will survive in that form.
There are some limitation 21 sections.
If you are act in agreement on the limitation section, 22 then it's out as a result of your not being in agreement.
Then 23, you have delegated the authority without limitation.
24 l CHAIRMAN AHEARNE:
The point I was trying to make, I 25 cjuess,.would be first, there is some document that at this stage is i
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_ j ALDERSON REPORTING COMPANY, INC.
4 1. approaching completion.
As Vic has pointed out, there are some 2
issues that were unresolved.
We now have either all agreed - or 3
a majority has agreed - and those sections could be incorporated, 4
whoever is keeping the master document.
Those could theit be 5
g incorporated because they have been approved.
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6 There are a couple of sections which we are in dis-Fi 7
agreement on, we are two to two.
I would propose that unless one l
8 of us is willing to change - and perhaps one of us is - if they c3 o;
9 are willing to change their position to make a majority, then we El 10 could go ahead.
If not, then I would defer to when we get a fifth
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II Commissioner.
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12 I think that the EDO's delegation of authority is c"
5 13 sufficiently significant for a smooth operating of the agency u
b I4 that it ought to be a majority of the Commission that speaks to n
15 what the delegation ought to be.
d I0 COMMISSIONER GILINSKY:
Well, at any rate, you can set vi h
I7 those aside for today.
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IO CHAIRMAN AHEARNE:
Yes.
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COMMISSIONER GILINSKY:
burther conversation may lead c:
20 to a majority, or may not.
2I CHAIRMAN AHEARNE:
Fine.
That is acceptable to me.
22 COMMISSIONER GILINSKY:
The one thing I don't know the 23 answer to is whether in agreeing once we are unanimous, or at 24 ) least once we have a majority, whether that produces some odd l
25 i result no one will be happy with.
ALDERSON REPORTING COMPANY, INC.
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MR. BICKWIT:
I think it should be reviewed.
2 COMMISSIONER HENDRIE:
Why don't we ask counsel to 3
review it.
4 COMMISSIONER GILINSKY:
Spend a day or two doing that.
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So, I mean, we could give it kind of tentative approval subject E9 6
to counsel checking it.
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CHAIRMAN AHEARNE:
Well, the document itself would not 3l 8
be approved in any event.
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9 COMMISSIONER BRADFORD:
I would just wait.
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MR. BICKWIT:
I can give you an example of why it would i
11 not work if you affirm, if you differ on what policy items ought 3
y 12 to come up to the Commission.
Some of you only want significant 5
13 policy items coming up; some want policy items coming up.
h 14 COMMISSIONER GILINSKY:
Where we don't come to agreement,
g 15 whatever the current rules are - if there are rules - would apply, z
g 16 would continue to apply until such time as a majority of the w
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17 l Commission comes up with a rule it supports.
l 18 CHAIRMAN AHEARNE:
In some of these areas there is
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none.
n 20 COMMISSIONER GILINSKY:
Well, then it ought to just 1
21 be left to the good sense of all the participants, that's all.
22 l
CHAIRMAN AHEARNE:
Which is the way it is working now.
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23 COMMISSIONER GILINSKY:
Which is tha way it is 24 working now.
Let's have Len take a look at it.
25 l COMMISSIONER HENDRIE:
Why not ask Len to take a look at ALDERSON REPORTING COMPANY. INC.
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6 1
it.
I would hope that at some point along the line - I don't know 2
whether you want to do it before we get the fif th member or wait 3
until afterwards - but I would hope that on that Issue 1, which is 4
a fairly significant policy, that is, which way you come,at the 5
EDO authority for matters that are not clearly laid out, I would e
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hope we could have some discussion.
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You may all still feel the same way after the discussion, 8
8 in which case, fair enough.
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CHAIRMAN AHEARNE:
I would be glad to have a discussion i
h 10 on it.
I would suggest we involve EDO in the discussion.
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11 COMMISSIONER GILINSKY:
Well, why don't we have Len is d
12 take a look at it to see whether approving the parts for which E=
d 13 there is a majority results in an " odd beast."
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14 CHAIRMAN AREARNE:
All right.
2 15 COMMISSIONER GILINSKY:
If it doesn't, we wculd then be 5
g 16 in a position to proceed.
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17 CHAIRMAN AHEARNE:
You will formally let us know.
5 5
18 All right, that ends the affirmation session here.
We
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b 19 adjourn.
20 (whereupon, at 3:30 p.m. the affirmation session was 21 closed.)
22 23 24 i
I 25 l
ALDERSON REPORTING COMPANY, INC.
C NUCLEAR REGULATORY COMMISSION This is to certify that the attached proceedings before the Commission Meeting in the :3atter of:
Affirmation Session 81-2
- Date of Proceeding:
January 15, 1981 Docket flumber:
Place of Proceed.ing: Washington, D. C.
were held as herein appears, and. ths.: this is the original transcript thereof for the file of the Commission.,
M. E. Hansen Official Reporter (Typed) 1( =
hbn$'s Official Reporter (Signature)
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