ML030230693

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SRM-M030123A-Affirmation Session: I. SECY-02-0222-PG&E (Diablo Canyon Power Plant Isfsi); Licensing Board'S Referral in LBP-02-23 of Its Denial to Admit Terrorism Contentions/Issues
ML030230693
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 01/23/2003
From: Annette Vietti-Cook
NRC/SECY
To: Cordes J
NRC/OCAA
References
LBP-02-23, M030123A, SECY-02-0222 SRM-M030123A
Download: ML030230693 (2)


Text

IN RESPONSE, PLEASE REFER TO: M030123A January 23, 2003 MEMORANDUM FOR: John F. Cordes, Director Office of Commission Appellate Adjudication FROM: Annette L. Vietti-Cook, Secretary /RA/

SUBJECT:

STAFF REQUIREMENTS - AFFIRMATION SESSION, 1:55 P.M.,

THURSDAY, JANUARY 23, 2003, COMMISSIONERS CONFERENCE ROOM, ONE WHITE FLINT NORTH, ROCKVILLE, MARYLAND (OPEN TO PUBLIC ATTENDANCE)

I. SECY-02-0222 - Pacific Gas & Electric Co. (Diablo Canyon Power Plant Independent Spent Fuel Storage Installation); Licensing Boards Referral in LBP-02-23 of its Denial to Admit Terrorism Contentions/Issues The Commission1 approved a Memorandum and Order responding to the Licensing Boards referral of terrorism contentions in the matter of Pacific Gas & Electrics application to build a dry cask independent spent fuel storage installation. The Memorandum and Order accepts the Boards referral and affirms its rejection of the terrorism contentions for different reasons than those the Board expressed.

(Subsequently, on January 23, 2003, the Secretary signed the Memorandum and Order.)

cc: Chairman Meserve Commissioner Dicus Commissioner Diaz Commissioner McGaffigan Commissioner Merrifield EDO OGC CFO OCA OIG OPA Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)

PDR 1

Section 201 of the Energy Reorganization Act, 42 U.S.C. Section 5841, provides that action of the Commission shall be determined by a "majority vote of the members present." Commissioner Dicus was not present when this item was affirmed.

Accordingly the formal vote of the Commission was 4-0 in favor of the decision.

Commissioner Dicus, however, had previously indicated that she would approve this paper and had she been present she would have affirmed her prior vote.