ML060330814

M060202A-Affirmation Session: I. SECY-05-0231 - U.S. Department of Energy (High-level Waste Repository: Pre-Application Matters); NRC Staff and DOE Appeals of LBP-05-27; Ii. SECY-06-0011 - Nuclear Management Company, LLC (Monticello Nuclear

ML060330814
Person / Time
Site:	Monticello, WM-00011
Issue date:	02/02/2006
From:	NRC/OCM
To:
References
-nr, LBP-05-27, M060202A, SECY-05-0231, SECY-06-0011
Download: ML060330814 (6)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION AFFIRMATION SESSION PUBLIC MEETING Nuclear Regulatory Commission Commission Hearing Room 11555 Rockville Pike Rockville, Maryland February 2, 2006 The Commission met in open session, pursuant to notice, at 1:25 p.m.,

Nils J. Diaz, Chairman, presiding.

COMMISSIONERS PRESENT:

NILS J. DIAZ, Chairman of the Commission EDWARD MCGAFFIGAN, JR., Member of the Commission JEFFREY S. MERRIFIELD, Member of the Commission (VIA TELECON)

GREGORY B. JACZKO, Member of the Commission (VIA TELECON)_

PETER B. LYONS, Member of the Commission (VIA TELECON)

STAFF AND PRESENTERS SEATED AT THE COMMISSION TABLE:

STEPHEN G. BURNS, Acting General Counsel ANNETTE L. VIETTI-COOK, Secretary of the Commission

DISCLAIMER This is an unofficial transcript of a meeting of the United States Nuclear Regulatory Commission on February 2, 2006 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.

[1:25 p.m.]

PROCEEDINGS MS. VIETTI-COOK: There are two items for affirmation. The first item is on the U.S. Department of Energy High Level Waste Repository. The Commission is being asked to act on a Memorandum and Order responding to appeals by the NRC staff and the Department of Energy of the Pre-License Application Presiding Officer Board ruling in LBP-05-27 which granted the State of Nevadas motion to compel production of the Department of Energys July 2004 draft license application, as well as the September 2004 revision to that document. The Commission has voted to approve a Memorandum and Order which holds the Department of Energys draft license application is not Class 1, Class 2, or Class 3 documentary material under our regulations and therefore reverses the Boards decision in LBP-05-27.

Commissioner Jaczko did not participate in this item. Would you please affirm your votes?

CHAIRMAN DIAZ: Aye.

COMMISSIONER MCGAFFIGAN: Aye.

COMMISSIONER MERRIFIELD: Aye.

COMMISSIONER LYONS: Aye.

MS. VIETTI-COOK: The second item is on Nuclear Management Company Monticello Nuclear Generating Plant. The Commission is being asked to act on a Memorandum and Order responding to an appeal by the North American Water Office of the Atomic Safety and Licensing Boards ruling on standing and admissibility in LBP-05-31 which denied the North American Water Offices petition to intervene in the license renewal proceeding for the Monticello Nuclear Generating Plant. The Commission voted to approve a

Memorandum and Order which rejects the North American Water Offices appeal and affirms the Boards decision in LBP-05-31. Would you please affirm your votes?

CHAIRMAN DIAZ: Aye.

COMMISSIONER MCGAFFIGAN: Aye.

COMMISSIONER MERRIFIELD: Aye.

COMMISSIONER JACZKO: Aye.

COMMISSIONER LYONS: Aye MS. VIETTI-COOK: Thats all I have.

CHAIRMAN DIAZ: Thank you, Madam Secretary.

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: February 2, 2006 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)