ML041900093

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SRM-M040707-Affirmation Session: I. SECY-04-0098 (Pg&E Diablo Canyon Applicant'S Motion to Terminate); Ii. SECY-04-0099 (Duke Energy Corp. (Catawba) Board'S Certified Q'S on Security Contention); Iii. SECY-04-0101 (Appt. of Papo for HLW Rep
ML041900093
Person / Time
Site: Catawba, Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 07/07/2004
From: Annette Vietti-Cook
NRC/SECY
To: Cordes J, Cyr K, Reyes L
NRC/EDO, NRC/OCAA, NRC/OGC
References
M040707, SECY-04-0098, SECY-04-0099, SECY-04-0101 SRM-M040707
Download: ML041900093 (3)


Text

IN RESPONSE, PLEASE REFER TO: M040707 July 7, 2004 MEMORANDUM FOR: John F. Cordes, Director Office of Commission Appellate Adjudication Karen D. Cyr General Counsel Luis A. Reyes Executive Director for Operations FROM: Annette L. Vietti-Cook, Secretary /RA/

SUBJECT:

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

WEDNESDAY, JULY 7, 2004, COMMISSIONERS' CONFERENCE ROOM, ONE WHITE FLINT NORTH, ROCKVILLE, MARYLAND (OPEN TO PUBLIC ATTENDANCE)

I. SECY-04-0098 - Pacific Gas & Electric Co. (Diablo Canyon Power Plant, Units 1 and 2);

Applicant's Motion to Terminate Proceeding and Intervenor's Motion to Vacate The Commission1 approved a Memorandum and Order responding to a motion by Pacific Gas

& Electric Co. to terminate the NRC proceeding and a request by the City of Santa Clara that the Commission vacate CLI-03-02. The Memorandum and Order terminated the NRC proceeding and denied Santa Claras request to vacate CLI-03-02.

(Subsequently, on July 7, 2004, the Secretary signed the Memorandum and Order.)

II. SECY-04-0099 - Duke Energy Corp. (Catawba Nuclear Station, Units 1 and 2), Order on the Board's Certified Questions on Admissibility of a Security Contention The Commission approved a Memorandum and Order responding to the Atomic Safety and Licensing Boards certified questions regarding admissibility of a security contention and related questions. The Memorandum and Order held that the Blue Ridge Environmental Defense Leagues Security Contention 1 is inadmissible and declined to reconsider the Commissions prior need to know decision in CLI-04-06.

(Subsequently, on July 7, 2004, the Secretary signed the Memorandum and Order.)

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. Commissioners McGaffigan and Merrifield were present in the Conference Room. Chairman Diaz participated in the meeting via speakerphone.

The staff should begin rulemaking to codify the DBT orders at the earliest possible opportunity.

III. SECY-04-0101 - Appointment of a Pre-license Application Presiding Officer (PAPO) for High Level Waste Repository Pre-license Application Phase The Commission approved an Order designating an official to serve as the Pre-License Application Presiding Officer (PAPO) to rule on disputes among the participants over the electronic availability of documents during the pre-license application phase for high-level radioactive waste repository licensing. The Order designated the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel, G. Paul Bollwerk, III, to serve as the Pre-License Application Presiding Officer, and authorized him to delegate that authority.

(Subsequently, on July 7, 2004, the Secretary signed the Order.)

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

PDR