ML042310254
| ML042310254 | |
| Person / Time | |
|---|---|
| Site: | Browns Ferry, Watts Bar, Sequoyah, 07003103  |
| Issue date: | 08/18/2004 |
| From: | NRC/OCM |
| To: | |
| References | |
| -RFPFR, LBP-03-10 | |
| Download: ML042310254 (5) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION AFFIRMATION SESSION PUBLIC MEETING Nuclear Regulatory Commission Commission Hearing Room 11555 Rockville Pike Rockville, Maryland Wednesday, August 18, 2004 The Commission met in open session, pursuant to notice, at 9:25 a.m.,
Nils J. Diaz, Chairman, presiding.
COMMISSIONERS PRESENT:
NILS J. DIAZ, Chairman EDWARD MCGAFFIGAN, JR., Member of the Commission JEFFREY S. MERRIFIELD, Member of the Commission STAFF AND PRESENTERS SEATED AT THE COMMISSION TABLE:
ANNETTE L. VIETTI-COOK, Secretary of the Commission KAREN D. CYR, General Counsel
DISCLAIMER This is an unofficial transcript of a meeting of the United States Nuclear Regulatory Commission on August 18, 2004 in the Commissions office at One White Flint North, Rockville, Maryland. The meeting was open to public attendance and observation. This transcript has not been reviewed, corrected or edited, and it may contain inaccuracies.
The transcript is intended solely for general information purposes. As provided by 10 CFR 9.103, it is not part of the formal or informal record of decision of the matters discussed. Expressions of opinion in this transcript do not necessarily reflect final determination or beliefs. No pleading or other paper may be filed with the Commission in any proceeding as the result of, or addressed to, any statement or argument contained herein, except as the Commission may authorize.
[9:25 a.m.]
PROCEEDINGS CHAIRMAN DIAZ: Good morning, Madam Secretary. I think you have a couple of things for us.
MS. VIETTI-COOK: The first item is on Tennessee Valley Authority. The Commission is being asked to act on a Memorandum and Order responding to a Petition by Tennessee Valley Authority (TVA) for Review of LBP-03-10 granted by the Commission in CLI-03-9. In LBP-03-10, a split Atomic Safety and Licensing Board upheld the NRC Staffs finding that TVA had violated 10 CFR 50.7 by discriminating against an employee on account of his "whistleblowing" activities; however, the majority of the Board reduced the civil monetary penalty assessed by the Staff. The Commission has voted to approve a Memorandum and Order based on review of the appellate briefs and the record, which affirms LBP-03-10 in part, reverses it in part, and remands the case for further proceedings.
MS. VIETTI-COOK: Would you please affirm your votes?
CHAIRMAN Diaz: Aye COMMISSIONER MCGAFFIGAN: Aye.
COMMISSIONER MERRIFIELD: Aye.
MS. VIETTI-COOK: The second item is on Louisiana Energy Services. The Commission is being asked to act on a Memorandum and Order responding to the Atomic Safety and Licensing Boards referral of five of its contention determinations in the Louisiana Energy Services, L.P. proceeding. The Commission has voted to approve a Memorandum and Order, affirming the Boards rulings on all five of the contentions, except for the Boards acceptance of basis D of the "plausible strategy" contention. The Commission took review of Basis D of the fifth contention (which alleges that the depleted uranium hexafluoride does not
meet the Part 61 definition of low-level radioactive waste, and therefore would not be suitable for transfer to the Department of Energy under the USEC Privatization Act). The parties will be given an opportunity to brief the matter.
MS. VIETTI-COOK: Would you please affirm your votes?
CHAIRMAN Diaz: Aye COMMISSIONER MCGAFFIGAN: Aye.
COMMISSIONER MERRIFIELD: Aye.
MS. VIETTI-COOK: Thats all I have.
CHAIRMAN DIAZ: Thank you. Were adjourned.
CERTIFICATE This is to certify that the attached description of a meeting of the U.S. Nuclear Regulatory Commission entitled:
TITLE OF MEETING: Affirmation Session (PUBLIC MEETING)
PLACE OF MEETING: Rockville, Maryland DATE OF MEETING: August 18, 2004 was held as herein appears, is a true and accurate record of the meeting, and that this is the original transcript thereof taken stenographically by me, thereafter reduced to typewriting by me or under the direction of the court reporting company.
Transcriber: NANCY GREATHEAD Reporter: (TAPE RECORDING)