ML041120169

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M040421-Affirmation Session: I. SECY-04-0061: Duke Energy Corp. (Catawba Nuclear Station, Units 1 & 2), Duke'S Appeal of LBP-04-04 (Board Ruling on Standing & Contentions) & the Board'S Certified Q'S on a Security Contention
ML041120169
Person / Time
Site: Catawba  Duke Energy icon.png
Issue date: 04/21/2004
From:
NRC/OCM
To:
References
LBP-04-04, M040421, SECY-04-0061
Download: ML041120169 (4)


Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION AFFIRMATION SESSION PUBLIC MEETING Nuclear Regulatory Commission Commission Hearing Room 11555 Rockville Pike Rockville, Maryland Wednesday, April 21, 2004 The Commission met in open session, pursuant to notice, at 9:00 a.m.,

Nils J. Diaz, Chairman, presiding.

COMMISSIONERS PRESENT:

NILS J. DIAZ, Chairman (VIA TELECON)

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 April 21, 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.

[9:00 a.m.]

PROCEEDINGS COMMISSIONER MERRIFIELD: Chairman Diaz, youre on the line?

CHAIRMAN DIAZ: Yes, Im here.

COMMISSIONER MERRIFIELD: Were assembled this morning for one item coming before the Commission on affirmation. Madame Secretary?

MS. VIETTI-COOK: The Commission is being asked to act on a Memorandum and Order responding to an appeal by Duke Energy Corporation of the Atomic Safety and Licensing Boards decision in LBP-04-04 which granted the Blue Ridge Environmental Defense Leagues hearing request. In a subsequent decision, the Board also certified questions to the Commission related to the Blue Ridge Environmental Defense Leagues Security Contention 1.

The Commission has voted to approve a Memorandum and Order which dismisses Dukes appeal without prejudice, accepts the Boards certified questions, and invites the parties to submit briefs. Would you please affirm your votes?

COMMISSIONER MCGAFFIGAN: Aye.

COMMISSIONER MERRIFIELD: Aye.

MS. VIETTI-COOK: Chairman Diaz, would you please affirm your vote?

CHAIRMAN DIAZ: Aye.

COMMISSIONER MERRIFIELD: Madame Chairman, I think unless we have any other comments by the Commission, we are 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: April 21, 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: DARLENE K. WRIGHT Reporter: (TAPE RECORDING)