ML060330814

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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  Xcel Energy icon.png
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 AMERICANUCLEAR REGULATORY COMMISSION

          • AFFIRMATION SESSION
      • PUBLIC MEETING
      • Nuclear Regulatory CommissionCommission Hearing Room 11555 Rockville PikeRockville, Maryland February 2, 2006The 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 CounselANNETTE L. VIETTI-COOK, Secretary of the Commission DISCLAIMERThis is an unofficial transcript of a meeting of the United States NuclearRegulatory Commission on February 2, 2006 in the Commission's office at One White Flint North, Rockville, Maryland. The meeting was open to public attendance and observation. Thistranscript has not been reviewed, corrected or edited, and it may contain inaccuracies.The transcript is intended solely for general information purposes. As providedby 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.]P R O C E E D I N G SMS. VIETTI-COOK: There are two items for affirmation. The first item is on theU.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 Departmentof Energy of the Pre-License Application Presiding Officer Board ruling in LBP-05-27 which granted the State of Nevada's motion to compel production of the Department of Energy's 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 Energy's draft license application is not Class 1, Class 2, or Class 3 "documentary material" under our regulations and therefore reverses the Board's 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 CompanyMonticello 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 Board's ruling on standing and admissibility in LBP-05-31 whichdenied the North American Water Office's 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 Office's appeal and affirmsthe Board's 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: That's all I have.

CHAIRMAN DIAZ: Thank you, Madam Secretary. CERTIFICATEThis is to certify that the attached description of a meeting of the U.S. Nuclear RegulatoryCommission entitled:TITLE OF MEETING:Affirmation Session(PUBLIC MEETING)PLACE OF MEETING:Rockville, MarylandDATE OF MEETING:February 2, 2006was held as herein appears, is a true and accurate record of the meeting, and that this is theoriginal transcript thereof taken stenographically by me, thereafter reduced to typewriting by me or under the direction of the court reporting company.Transcriber:DARLENE K. WRIGHTReporter: (TAPE RECORDING)