ML051720244

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M050602 - Affirmation Session: I. SECY-05-0076 - Private Fuel Storage ISFSI; Ii. SECY-05-0079 - U.S. Army Jefferson Proving Ground; Iii. SECY-05-0088-Duke Energy Corp. Catawba Comm. Sua Sponte Review of LB 3/10/05 Final Decision on Security
ML051720244
Person / Time
Site: Catawba, WM-00011  Duke Energy icon.png
Issue date: 06/20/2005
From:
NRC/OCM
To:
References
-nr, CLI-05-10, M050602, SECY-05-0076, SECY-05-0079, SECY-05-0088
Download: ML051720244 (6)


Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION AFFIRMATION SESSION PUBLIC MEETING Nuclear Regulatory Commission Commission Hearing Room 11555 Rockville Pike Rockville, Maryland June 20, 2005 The Commission met in open session, pursuant to notice, at 3:00 pm, Nils J. Diaz, Chairman, presiding.

COMMISSIONERS PRESENT:

NILS J. DIAZ, Chairman of the Commission JEFFREY S. MERRIFIELD, Member of the Commission GREGORY B. JACZKO, Member of the Commission STAFF AND PRESENTERS SEATED AT THE COMMISSION TABLE:

ANNETTE L. VIETTI-COOK, Secretary of the Commission KAREN CYR, General Counsel

DISCLAIMER This is an unofficial transcript of a meeting of the United States Nuclear Regulatory Commission on June 20, 2005 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.

[3:00 pm]

PROCEEDINGS CHAIRMAN DIAZ: Madam Secretary.

MS. VIETTI-COOK: The first item is SECY-05-0076, Private Fuel Storage Independent Spent Fuel Storage Installation. The Commission is being asked to act on a Memorandum and Order responding to a petition for review by the State of Utah of the Licensing Boards February 24 order rejecting its proposed new contention, Utah UU (Ramifications of DOEs Refusal to Accept Fuel in Welded Canisters from the Private Fuel Storage Site). The Commission has voted to approve a Memorandum and Order which denies Utahs petition for review. Out of an abundance of caution, Commissioner Jaczko elected to abstain from voting on this order in light of his decision not to make public statements regarding Yucca Mountain for one-year from January 21, 2005. His participation in this Affirmation Session should not be construed as setting a precedent regarding his constituting a quorum on matters pertaining to his recusal. Would you please affirm your votes?

CHAIRMAN DIAZ: Aye COMMISSIONER MERRIFIELD: Aye.

COMMISSIONER JACZKO: Aye.

Commissioners McGaffigan and Lyons had previously voted to approve this Memorandum and Order and had they been present they would have affirmed their prior votes.

ANNETTE VIETTI-COOK: On the second item, SECY-05-0079, this is U.S. Army Jefferson Proving Grounds Site, possession only license for depleted uranium munitions. The Commission is being asked to act on a Memorandum and Order involving the application for a possession only license by the U.S. Army for depleted uranium munitions at its Jefferson Proving Grounds site. The Commission has voted to approve a Memorandum and Order which

directs the licensee to report to the Commission on past and present efforts to provide the information necessary for the staff to complete its technical and environmental reviews. The Memorandum and Order also directs the staff to provide a report to the Commission regarding the steps it plans to take to complete its reviews in light of the information provided by the licensee. Would you please affirm your votes?

CHAIRMAN DIAZ: Aye COMMISSIONER MERRIFIELD: Aye.

COMMISSIONER JACZKO: Aye.

ANNETTE VIETTI-COOK: Again, Commissioners McGaffigan and Lyons had previously voted to approve this Memorandum and Order and had they been present they would have affirmed their prior vote.

ANNETTE VIETTI-COOK: On the third item, SECY-05-0088, this is on Duke Energy Corporation, Catawba Nuclear Station, Units 1 and 2, Commission sua sponte review of the Licensing Boards March 10, 2005 final decision on security contention. The Commission is acting on a Memorandum and Order responding to briefs filed in response to the Commissions Memorandum and Order (CLI-05-10 dated April 21, 2005) which took review of the Licensing Boards March 10, 2005 final decision on the security contention. The Commission has voted to approve a Memorandum and Order which disapproves the four license conditions imposed by the Board in its March 10, 2005 final decision on the security contention. Would you please affirm your votes?

CHAIRMAN DIAZ: Aye COMMISSIONER MERRIFIELD: Aye.

COMMISSIONER JACZKO: Aye.

ANNETTE VIETTI-COOK: Commissioners McGaffigan and Lyons had previously voted to approve this Memorandum and Order and had they been present they would have affirmed their prior votes. Thats all I have.

CHAIRMAN DIAZ: Thank you Madam Secretary. My fellow Commissioners, any comments? No? If not, 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: June 20, 2005 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: DARLENE K. WRIGHT Reporter: (TAPE RECORDING)