ML073020591

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LB Order (Adopting Transcript Corrections)
ML073020591
Person / Time
Site: Oyster Creek
Issue date: 10/29/2007
From: Abramson P, Anthony Baratta, Hawkens E
Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
06-844-01-LR, 50-0219-LR, RAS 14545
Download: ML073020591 (23)


Text

UNITED STATES OF AMERICA DOCKETED 10/29/07 NUCLEAR REGULATORY COMMISSION SERVED 10/29/07 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

E. Roy Hawkens, Chairman Dr. Paul B. Abramson Dr. Anthony J. Baratta In the Matter of Docket No. 50-0219-LR AMERGEN ENERGY COMPANY, LLC ASLBP No. 06-844-01-LR (License Renewal for Oyster Creek Nuclear October 29, 2007 Generating Station)

ORDER (Adopting Transcript Corrections)

Before the Licensing Board in the above captioned proceeding are motions submitted by Citizens, 1 AmerGen Energy Company, LLC, and the NRC Staff requesting that certain corrections be made to the transcripts of the September 24 and September 25, 2007 evidentiary hearing sessions conducted in this proceeding in Toms River, New Jersey.

1 Citizens are comprised of six organizations: Nuclear Information and Resource Service, Jersey Shore Nuclear Watch, Grandmother, Mothers and More for Energy Safety, New Jersey Public Interest Research Group, New Jersey Sierra Club, and New Jersey Environmental Federation.

Being that none of the parties object to the proposed corrections, the Board hereby adopts those corrections, 2 and the transcript of the evidentiary hearing held on September 24 and September 25, 2007, is revised per Appendix A to this Order. 3 Upon issuance of this Order, and barring any motions for reconsideration or any subsequent order reopening the record, the evidentiary record in this proceeding is closed. See Tr. at 878.

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD 4

/RA/

E. Roy Hawkens, Chairman ADMINISTRATIVE JUDGE Rockville, Maryland October 29, 2007 2

The Licensing Board declined to adopt those changes it determined to be unnecessary for clarifying the record. See Tr. at 842.

3 After conclusion of the hearing and receipt of all parties proposed findings of fact and conclusions of law, and motions to correct the transcript, it came to the Boards attention that the transcript was incorrectly paginated. The transcript has been corrected and the corrections set forth in Appendix A correspond to the pages of the corrected transcript. The parties need not resubmit their proposed findings of fact and conclusions of law based upon the corrected pagination. Nor does the Board believe it necessary for any party to submit amended proposed findings, given that all substantive corrections to the transcript are hereby adopted.

4 Copies of this Order were sent this date by Internet e-mail to counsel for: (1) AmerGen; (2) Citizens; (3) the NRC Staff; and (4) New Jersey.

APPENDIX A Corrections to September 24, September 25, 2007 Transcript for AmerGen Energy Company, LLC (License Renewal for Oyster Creek Nuclear Generating Station), Docket No. 50-0219-LR Monday, September 24, 2007 Page No. Line No. Correction 279 7 Change his to its 280 8 Change Jay to Roy 281 24 Change Subpart (l) to Subpart L 281 25 Change Subpart (l) to Subpart L 286 7 Change mics to mikes 286 23 Delete Gary Harlow and change John to Jon 287 10 Change Saloman to Salomon 287 17 Insert our after We have 288 12 Insert that between identified and Exhibit 294 1 Change crated to cratered 295 18 Change 63D to 62D 296 24 Change MR. WEBSTER: to CHAIRMAN HAWKENS:

298 2 Insert are between there and a 298 21 Change Honor to your Honor 299 14 Change occurrence to recurrence 300 18 Change it is to its 303 11 Delete corrosion during 304 21 Change margin to margins 305 10 Change odd number to odd-numbered 306 3 Change queer to clear

306 9 Change manipulates to manipulate 306 14 Change make inference to make an inference 310 7-9 Change if the primary (phonetic) license starts on day one, the primary license, to of any license starting on day one, 312 4 Change ha to has 312 24 Change Dr. Hausmans to Dr. Hartzmans 317 11 Change dangerous bar to data sparse 318 2 Change errors to areas 318 3 Change cultured to coated 319 22 Change insure to ensure 321 25 Change Asher to Ashar 322 1 Change MR. POLONSKY: to MR. WEBSTER:

328 4 Change if yo usee to if you see 334 6 Change insure to ensure 334 7 Change insure to ensure 336 5 Change agreed to agree and bag to bundle 336 22 Delete the word except 337 23 Change refueling the wood to refueling mode 341 16 Change is to it 342 9 Change and to for 344 18 Change 1,154 to 1.154 346 5 Change imbedded to embedded 346 6 Change pour to pore 348 22 Change age to page 349 11 Change basing to ranging

349 12 Change at to to 353 4 Change Susans counsel to Citizens counsel 354 7 Change nota to not a 355 18 Change sine to since 357 6 Change Garrett to Gary 357 7 Change John to Jon 357 8 Change Harmetta to Har Mehta and change Wo to Ouaou 359 15 Change Hauser to Hausler 361 4 Change referred to referring 361 13 Change in to adds 365 3 Insert it between top and has 366 25 Change saving to saying 367 1 Change curve to curb 367 19 Change thank to Thank 368 2 Change Base to Bay 368 20 Change Mr. Tibler, to MR. TAMBURRO:

370 24 Change curve to curb 373 10 Delete at 11 feet -

374 19 Change Ashray to ASHRAE 376 19 Change MR. POLONSKY: to JUDGE ABRAMSON:

378 2 Delete the are would be 381 17 Change out to output 387 2 Change sine to since 387 15 Change radway system to radwaste system 390 24 Change Soloman to Salomon

391 12 Insert no between have and objection 393 7 Change Baratta to Abramson 394 13 Change the third solution to the theoretical solution 394 23 Change Amergen to AmerGen 396 11 Change eery to every 399 7 Change M284 to N-284 400 7 Change so-call CALC to so-called Calc 401 13 Change transmitter to transmitted 403 7 Change thought to though 404 4 Insert you between Figure 1A, and might 405 21 Change worse to worst 406 5 Change days to bays 407 4 Change wold to would 407 8 Change MR. WILLIAMS to MR. WEBSTER 411 24 Change were put to were to put 412 8 Change thought to though 413 18 Change .5376 to .536 and change conditioned to transitioned 415 17 Change the schedule to our review 415 19 Change 20.424 to Calculation-24, Rev. 2 415 23 Insert criteria after CLB 416 9 Change cap 24 to Calc 24 420 18 Change no to yes 421 7 Change .09 to .490 421 8 Change is to as

421 20 Change could to would 422 23 Change TDR1108 to TDR 1108 424 5 Delete so not, 425 1 Change corrosions to corrosion 425 20 Change Dr. to Mr.

427 6 Change valuation to evaluation 427 9 Insert not between does and derive 427 10 Change the to these and change is to are 427 11 Delete , but are and insert . after measurements 427 12 Delete devoid 427 16 Insert with the calculation after nothing to do 427 17 Change as to of 428 21 Change they to the 429 2 Change suggestion to suggesting 430 3 Change our to that 432 18 Insert a between with and well and change . to ,

432 19 Insert and and change A to a 433 4 Change fact to factor 433 6 Change cast to case 433 7 Change determine to determined 435 20 Change understands to understand 439 7 Change third typically to theoretically 439 8 Change the use a capacity of to they use a capacity 439 10 Change in Factor 5 to a factor of 5 440 1 Change .563 to .536

440 22 Change need for construction to construction 440 25 Change .04 to .204 442 10 Change COB to CLB 442 16 Change COB to CLB 443 2 Insert input between appropriate and to 445 9 Change mature properties, although the mature to material properties, although the material 446 4 Change as built to as-built 446 9 Change hails from to came 447 8 Change . to ,

447 9 Delete It is 447 11 Change into the analysis of the as built, of the as built to into the analysis of the as-built, of the as-built 447 20 Change call to recall 447 22 Change evaluations to evaluation 451 6-7 Change with a curve to would occur 452 3 change what were Citizens, were stating to what Citizens were stating 452 16 Change I to In 453 18 Insert , after along 453 19 Change The to the 453 20 Change 2.736 to to 0.736 455 10 Insert , after along and change The to the 455 12 Change 2.736 to to 0.736 457 13 Change was to is 458 1 Change from First to for

466 21 Change cap to Calc 467 11 Change depending of to depicting 467 18 Change then to thin 471 22 Insert only between mean, and some of 473 1 Change B to 19B 473 3 Change .10 to Point 10 473 17 Change on one incentives to in one inspection 474 15 Change mls. to mils.

474 16 Change mls. to mils.

483 11 Change bag to bed 489 6 Change cleaner to thinner 491 18 Change that to of what 494 8 Change incentive to vicinity 506 23 Delete . and change The to the and insert which between reality and is 512 5 Change 2206 to 2.206 512 8 Change fitting to thinning 523 1-2 Change to derive - we have seen it earlier. To the left to the right as we have seen it earlier, or the left as 524 2 Change have, to have to, 524 3 Change consider. to consideration.

526 2-3 Change extent, when you get a gully of three, four feet, because that probably to extent. When you get outside by three or four feet that probably 528 4 Insert we between than and have 532 2 Change this what to this is what 532 18 Insert average between we and this

534 17 Change from 30 to 48 to from -30 to +48 534 18 Change from 30 to 48 to from -30 to +48 534 19 Change from 30 to 50 to from -30 to +50 539 10 Change Table - to Table 2 541 5 Change mil to mils 543 13 Change dry wall to drywell 543 15 Change bias to biased 543 16 Change bias to biased 546 3 Change coded to coated 546 5 Change removing the sand bed, to removing the sand, 546 24 Change round to ground 547 2 Change bed to bay 549 17 Insert . after model 553 9 Change ACR to ACRS 562 7 Change upper to EPRI 562 10 Change upper to EPRI 564 15 Insert where between corrosion, and in 564 16-18 Change and were smaller than the error, the pure error unit was appropriate to follow - it was larger as well. to the pure error unit was approximately correlated with thickness as well.

566 8 Delete they 566 21-22 Change barely to individual and point three six - eight six -

three eight six. to 0.0386.

566 25 Change days to bays 567 3 Insert exhibit between that and , and change in D to indeed 567 8 Change varied data field to variation of the field

567 23 Change MR. FP to MR. POLASKI 569 9 Change but to what 569 23 Change bay, 760, to one may be 760 572 24 Change and to for 573 1 Insert alone after instrument 573 11 Change MR. ABRAMSON: to JUDGE ABRAMSON:

574 21 Change MR. ABRAMSON: to JUDGE ABRAMSON:

574 25 Change MR. ABRAMSON: to JUDGE ABRAMSON:

575 5 Change emulsion to monitoring 575 8 Change MR. ABRAMSON: to JUDGE ABRAMSON:

576 3 Change sensible to central 576 6 Change itself to themselves 576 7 Change MR. ABRAMSON: to JUDGE ABRAMSON:

577 25 Insert talk after could and change through to about 578 1 Change theres a to its 578 6 Change Per to In 578 12 Insert Calc after to 578 22 Delete D 579 5 Change MR. ABRAMSON: to JUDGE ABRAMSON:

579 16 Change MR. ABRAMSON: to JUDGE ABRAMSON:

579 22 Change MR. ABRAMSON: to JUDGE ABRAMSON:

580 4 Change John to Jon 580 5 Change Hawkens to Hawkins 580 8 Change Hawkens to Hawkins

580 10 Change MR. HAWKENS: My name is John Hawkens to MR.

HAWKINS: My name is Jon Hawkins 580 23 Change MR. ABRAMSON: to JUDGE ABRAMSON:

580 25 Change MR. HAWKENS: to MR. HAWKINS:

581 1 Change MR. ABRAMSON: to JUDGE ABRAMSON:

581 4 Change MR. HAWKENS: to MR. HAWKINS:

581 8 Change stand to scan 581 24 Change Mr. Hawkens to Mr. Hawkins 582 3 Change MR. HAWKENS: to MR. HAWKINS:

582 12 Change MR. HAWKENS: to MR. HAWKINS:

582 19 Change Mr. Hawkens to Mr. Hawkins 582 25 Change Mr. Hawkens to Mr. Hawkins 583 24-25 Change is that to that is 584 9 Delete Were developing codes now. But I can think -

584 20 Change fitness to thickness 585 4 Change MR. ABRAMSON: to JUDGE ABRAMSON:

586 7 Insert add between perhaps and something 586 17 Change but to that 587 17 Change grades to grids 587 18 Insert the between of and reduced 589 5 Change has to be to as was 589 7 Insert perhaps in pockets to perhaps pockets 590 14 Change day to bay 590 17-18 Change that I dont contribute to I dont think contribute 590 21 Change on the record now being plotted to in the record as having been plotted

591 8 Change thee to there 591 15 Change need to meet and insert of between because and the 591 18 Change interim to internal 592 2 Change cut out to cut-out 592 4 Change bay to bed 592 5 Change the data set to a data set 593 7 Change UTED. to UTed.

594 10 Change MR. ABRAMSON: to JUDGE ABRAMSON:

594 21 Change MR. ABRAMSON: to JUDGE ABRAMSON:

595 20 Change shelf to shell 595 23 Change MR. ABRAMSON: to JUDGE ABRAMSON:

595 25 Change MR. ABRAMSON: to JUDGE ABRAMSON:

596 9 Change MR. ABRAMSON: to JUDGE ABRAMSON: and change worry to sorry 596 17 Change fills to fails 597 5 Change statement, we to statement and we 597 6 Change MR. ABRAMSON: to JUDGE ABRAMSON:

597 19 Delete MR. ABRAMSON:

598 6 Change MR. ABRAMSON: to JUDGE ABRAMSON:

599 1 Change MR. ABRAMSON: to JUDGE ABRAMSON:

599 16 Change MR. ABRAMSON: to JUDGE ABRAMSON:

599 25 Change MR. FP: to MR. POLASKI:

601 9 Change what to with 601 16 Change MR. FP: to MR. POLASKI:

601 18 Delete ring 603 1 Change take to took 603 2 Change drywall to drywell 603 13 Insert . after recall and change having to Having 603 16 Change MR. FP: to MR. POLASKI:

604 9 Change MR. FP: to MR. POLASKI:

604 12 Change MR. FP: to MR. POLASKI:

604 13 Change MR. POLONSKY: to CHAIRMAN HAWKENS:

604 15 Change MR. FP: to MR. POLASKI:

604 23 Change 636 to 736 605 4 Change MR. FP: to MR. POLASKI:

605 17 Change MR. ABRAMSON: to JUDGE ABRAMSON:

606 4 Change MR. ABRAMSON: to JUDGE ABRAMSON:

606 6 Change Ronnie to Rudy 606 12 Change MR. ABRAMSON: to JUDGE ABRAMSON:

606 21 Change MR. ABRAMSON: to JUDGE ABRAMSON:

607 6 Change MR. ABRAMSON: to JUDGE ABRAMSON:

608 14 Change MR. ABRAMSON: to JUDGE ABRAMSON:

Tuesday, September 25, 2007 Page No. Line No. Correction 615 10 Insert the after at 619 20 Change it to there 620 25 Change ACR to ACRS 622 1 Insert a between establish and corrosion 623 21 Change statistical to statistically

623 25 Change the mil to one mil 624 10 Change area to error 627 19 Change forward that to forward at 629 5 Change NPY to MPY 634 22 Delete does it 642 17 Change a thin site to the thin side 643 25 Change Hawkens to Hawkins 645 21 Change Carbon to current 645 23 Change taking to taken 650 2 Change misapprehension is that some of to misapprehension. Some of 650 24 Change meaningness to meaning 652 25 Change DR. HARLOW: to DR. HAUSLER:

653 20 Change project to projection 654 5 Insert not between is and something 655 18 Delete feature and insert future analysis to be after the 656 21 Change fire to finite 658 19 Change computer to compute 658 20 Change inspeculative to speculative 659 8 Change they to there 660 3 Change asymmetry to any symmetry 662 8 Change 13.7 to 13, Point 7 664 4 Change was to were 667 14 Change in to it 668 11 Change valued to value

673 2 Change variant to variate 673 4 Change reduce to reduced and variant to variate 675 7 Change are to of 676 1 Change is allowed a not exceed to is not allowed to exceed.

677 7 Change When to What 677 9 Change SA212 to SA-212 677 10 Insert . after inclusions and change if to If 677 11 Change material. to material, and change You to you 678 4 Change minimally to minimum 678 6 Change delamiantions to delaminations 681 24 Change trend to trench 682 14 Change that to thats 682 15 Change with - to with concrete, 682 24 Change bonding to bounding 683 2 Change bonding to bounding 683 12 Change 10.3 inches to 10 feet, 3 inches 683 16 Delete 11 feet -

686 19 Delete in 687 2 Change they to I 695 8 Change seal to sealed 695 15 Change yews to yes 697 10 Change and to in 701 22 Change uncoded, the upper drywell is uncoded to uncoated, the upper drywell is uncoated 701 25 Change activity to cavity

703 19 Change file to prefilled 706 22-23 Change that is now referred to damage in Exhibit 7 to AmerGen Exhibit 7 707 20 Delete A) 707 21 Change is to Is 708 10 Change frequency., to frequency, 708 11 Change side to slide 708 17 Change MR. POLONSKY: to DR. HAUSLER:

708 21 Change MR. HAUSLER: to UNIDENTIFIED SPEAKER:

709 7 Change MR. POLONSKY: to UNIDENTIFIED SPEAKER:

710 3 Change created to credited 711 15 Insert of between buckling and the 711 21 Change when to whether 716 9 Change it coming. to some corrosion.

719 13 Change was to were 722 16 Change bet to be 725 9 Change UT-1 to VT-1 728 19 Change Electrocar to Electric 728 20 Change Electricitas to Électricité 731 18 Delete not 731 23 Change to testimony 733 4 Insert less between much and likely 740 12 Change SILVERMAN: to POLONSKY:

740 9 Change that the to that there is a 742 18 Change That to An 742 21 Change pre-fire to pre-filed

745 7-8 Change and sent that back to in the sand bed region 745 9 Insert 6 inches after about 745 10 Change before to on the floor 745 16 Insert it after having 745 19 Change live to vibration 747 24 Change shelf. to shell.

749 15 Change pre-file to pre-filed 750 3 Change pre-file to pre-filed 750 7 Change applauded to applaud it 752 18 Change cold to Code 752 19 Change cold to Code 761 13 Change the to The 761 14 Change as built to as-built 761 25 Change we havent answered it to we have it answered 765 2 Change flaw to floor 772 19 Change pour to pore 776 3 Change CHAIRMAN HAWKENS: to JUDGE ABRAMSON:

776 22 Change 218 to A218 and insert used between being and here 777 18 Insert was removed after sand bed 780 12 Change 5rd to Firebar-D 780 16 Change 5rd to Firebar-D 781 3 Change halites to halides and halite to halide 781 4 Change chloride. Chloride to fluoride. Flouride 782 5 Change is to as

782 8 Delete of the 783 7 Change by material to to be material 784 15 Change reaction to reactions 788 7 Change Originally, that there to Originally, there 794 22 Change answering to answer 797 8 Insert I after May 808 23 Change buffering to buckling 810 13 Change currently to current 818 11 Change Amergens to AmerGens 818 11-12 Change it through to extreme 819 13 Change Amergen to AmerGen 822 3 Change prefindings to prefilings 827 17 Change intervener to intervenors 828 13 Change Amergens to AmerGens 830 1 Change if to that 830 22 Change Amergen to AmerGen 835 19 Change analyst to analysis 840 20 Change part to path 845 19 Change iterate to interact 847 18 Insert with between done and the 854 8 Change first to worst 855 2 Change LOCA to local 856 8 Change base. to bays.

856 17 Change D, revision to D for revision 858 2 Change appropriate to appropriately

860 1 Change laterally to lately 860 24 Change LOCA to local 861 2 Change 4.9 to 0.49 861 4 Change LOCA to local 861 8 Change LOCA to local 861 12 Change competence to confidence 861 14 Change 85 to 95 861 15 Change competence to confidence 861 19 Change competence to confidence 861 24 Change competence to confidence 862 2 Change competence to confidence 862 4 Change more than to law and 862 9 Change competency rates. to confidence limits.

862 11 Change competence to confidence 862 17 Change both to bother 862 18 Insert not between has and exactly and delete in 862 19 Change nuclear to over 864 17 Insert resolved after are 864 21 Change Dr. Hausler to Dr. Hartzman 865 19 Change competence in the mix to confidence limits 865 21 Change competence and to confidence of 866 1 Change competence and to confidence of 866 4 Change questioned to question 866 5 Change competence to confidence 866 8 Change competence to confidence

867 14 Change NRC staff to CHAIRMAN HAWKENS:

868 3 Change criterion to criteria 868 6 Change misunderstand to misunderstanding 868 15 Change LOCA to local 868 17 Change LOCA criterion, LOCA to local criterion, local 868 20 Change center 536 surrounded to center of 536 mils surrounded 868 23 Change LOCA to local 869 1 Change Amergen to AmerGen 869 3 Change LOCA to local 869 6 Change LOCA to local 869 18 Change present to prevent 870 22 Change from the to for the 871 11 Change contour of to contours have 871 18 Change behind to beyond 872 13 Change pressured to pressurized 873 4 Change prefile to prefiled 873 7 Change goal and every to GALL and EPRI 873 10 Change Citizens to Citizens 873 20 Change prefile to prefiled 873 23 Change entire year. The to entire year, which 873 24 Change its to as 874 12 Change LOCA to local 874 15 Change LOCA to local 874 16 Change seven to 736

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

AMERGEN ENERGY COMPANY, LLC ) Docket No. 50-219-LR

)

)

(Oyster Creek Nuclear Generating Station) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER (ADOPTING TRANSCRIPT CORRECTIONS) have been served upon the following persons by U.S. mail, first class, or through NRC internal distribution.

Office of Commission Appellate Administrative Judge Adjudication E. Roy Hawkens, Chair U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555-0001 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Administrative Judge Paul B. Abramson Anthony J. Baratta Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 Mitzi A. Young, Esq. Richard Webster, Esq.

Mary C. Baty, Esq. Julia LeMense, Esq.

Office of the General Counsel Rutgers Environmental Law Clinic Mail Stop - O-15 D21 123 Washington Street U.S. Nuclear Regulatory Commission Newark, NJ 07102-5695 Washington, DC 20555-0001 Paul Gunter, Reactor Oversight Donald J. Silverman, Esq.

Kevin Kamps Kathryn M. Sutton, Esq.

Beyond Nuclear Alex S. Polonsky, Esq.

Nuclear Policy Research Institute Raphael P. Kuyler, Esq.

6930 Carroll Avenue, Suite 400 Morgan, Lewis & Bockius LLP Takoma Park, MD 20912 1111 Pennsyvlania Ave., NW Washington, DC 20004

2 Docket No. 50-219-LR LB ORDER (ADOPTING TRANSCRIPT CORRECTIONS)

Bradley M. Campbell, Commissioner Jill Lipoti, Director New Jersey Department of New Jersey Department of Environmental Protection Environmental Protection P.O. Box 402 Division of Environmental Safety and Health Trenton, NJ 08625-0402 P.O. Box 424 Trenton, NJ 08625-0424 Ron Zak J. Bradley Fewell, Esq.

New Jersey Department of Exelon Corporation Environmental Protection 4300 Warrenville Road Nuclear Engineering Warrenville, IL 60555 P.O. Box 415 Trenton, NJ 08625-0415 Suzanne Leta John A. Covino, Esq.

NJPIRG Ellen Barney Balint, Esq.

11 N. Willow St. Valerie Anne Gray, Esq.

Trenton, NJ 08608 Caroline Stahl, Esq.

Deputy Attorneys General New Jersey Office of the Attorney General Environmental Permitting &

Counseling Section Division of Law Hughes Justice Complex P.O. Box 093 Trenton, NJ 08625

[Original signed by Evangeline S. Ngbea]

Office of the Secretary of the Commission Dated at Rockville, Maryland this 29th day of October 2007