NRC: Meeting SRM M040421 - Affirmation Session

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IN RESPONSE, PLEASE
REFER TO: M040421

April 21, 2004

MEMORANDUM FOR:	John F. Cordes, Director Office of Commission Appellate Adjudication
FROM:	Annette L. Vietti-Cook, Secretary /RA/
SUBJECT:	STAFF REQUIREMENTS - AFFIRMATION SESSION, 9:00 A.M., WEDNESDAY, APRIL 21, 2004, COMMISSIONERS' CONFERENCE ROOM, ONE WHITE FLINT NORTH, ROCKVILLE, MARYLAND (OPEN TO PUBLIC ATTENDANCE)

SECY-04-0061 - Duke Energy Corp. (Catawba Nuclear Station, Units 1 and 2), Duke's Appeal of LBP-04-04 (Board Ruling on Standing and Contentions) and the Board's Certified Questions on a Security Contention

The Commission⁽¹⁾ approved a Memorandum and Order responding to an appeal by Duke Energy Corporation of the Atomic Safety and Licensing Board's decision in LBP-04-04 which granted the Blue Ridge Environmental Defense League's (BREDL) hearing request. In a subsequent decision, the Board also certified questions to the Commission related to BREDL's Security Contention 1. The Memorandum and Order dismisses Duke's appeal without prejudice, accepts the Board's certified questions, and invites the parties to submit briefs.

(Subsequently, on April 21, 2004, the Secretary signed the Memorandum and Order.)

cc:	Chairman Diaz Commissioner McGaffigan Commissioner Merrifield EDO OGC CFO OCA OIG OPA Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail) PDR

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 and Merrifield were present in the Conference Room. Chairman Diaz participated in the meeting via speakerphone.