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IN RESPONSE, PLEASE August 17, 2004
The Commission approved a Memorandum and Order responding to CLI-04-04, which granted review under 10 CFR 2.786 of the Board's decision not to admit for adjudication three of Utah's proposed contentions known as "Utah U," "Utah CC," and "Utah SS." The Memorandum and Order affirms the Board's rulings related to these contentions. (Subsequently, on August 17, 2004, the Secretary signed the Memorandum and Order.)
The Commission approved a final rule amending 10 CFR Part 35, "Medical Use of Byproduct Material," to extend the expiration date for Subpart J by one year moving it from October 24, 2004 to October 24, 2005. The staff should forward the Federal Register notice via the Rules Review and Directives Branch in the Office of Administration and to the Office of the Secretary for signature and publication.
The Commission approved a Memorandum and Order responding to Michael Keegan, Joanne DiRando, Paul Gunter of the Nuclear Information and Resource Service, and Donna Lueke's (collectively, "the Petitioners") appeal of the Licensing Board's denial of the Petitioners' request for a hearing. This proceeding arose from a challenge to a confirmatory order modifying the operating license of FirstEnergy Nuclear Operating Company for the Davis-Besse Nuclear Power Station, Unit 1. The Memorandum and Order affirms the Board's decision to deny the Petitioners' hearing request. (Subsequently, on August 17, 2004, the Secretary signed the Memorandum and Order.)
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