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IN RESPONSE, PLEASE April 11, 2007
The Commission (1) approved a final rule amending 10 CFR Part 52, subject to the attached changes. The final rule enhances effectiveness and efficiency of the Part 52 licensing processes, and clarifies the applicability of requirements to each of the processes: early site permit (ESP), standard design approval, standard design certification, combined license (COL), and manufacturing license. Following incorporation of these changes, the Federal Register notice should be reviewed by the Rules Review and Directives Branch in the Office of Administration and forwarded to the Office of the Secretary for signature and publication.
The staff should ensure the scope of the NRC Reactor Operating Experience Program includes international operating experience that is relevant to designs under review by the staff or under construction in the U.S.
The Commission (1) approved a Memorandum and Order addressing the Atomic Safety and Licensing Board's admission of Contention 1 in the Vermont Yankee License Renewal proceeding. (See LBP-06-20) The Memorandum and Order reverses LBP-06-20 insofar as it admitted Contention 1 for litigation. (Subsequently, on April 11, 2007, the Secretary signed the Memorandum and Order.) Attachment: Changes and comments to the final rule in SECY-06-0220
1. Section 201 of the Energy Reorganization Act, 42 U.S.C. Section 5841, provides that action of the Commission shall be determined by a "majority vote of the members present." Commissioners McGaffigan, Jaczko and Lyons were present in the Conference Room. Commissioner Merrifield participated in the meeting via speakerphone. Chairman Klein was not present when these items were affirmed. Accordingly the formal vote of the Commission was 4-0 in favor of these decisions. Chairman Klein, however, had previously indicated that he would approve these items and had he been present he would have affirmed his prior votes. |
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