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UNITED STATES OF AMERICA
NUCLEAR REGULATORY COMMISSION

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AFFIRMATION SESSION

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PUBLIC MEETING

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The Commission met in open session, pursuant to notice, at 9:30 a.m.,

Nils J. Diaz, Chairman, presiding.

COMMISSIONERS PRESENT:

NILS J. DIAZ, Chairman

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

This is an unofficial transcript of a meeting of the United States Nuclear Regulatory Commission on February 18, 2004 in the Commission's 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.

[9:30 a.m.]

CHAIRMAN DIAZ: Good morning. I believe that before we hear from the CFO, Madame Secretary, you have a couple of items of affirmation?

MS. VIETTI-COOK: Yes. In the matter of Maine Yankee Atomic Power Company the Commission is being asked to act on a Memorandum and Order responding to the State of Maine's petition for review of LBP-03-26. The Commission has voted to approve a Memorandum and Order which affirms the Atomic Safety and Licensing Board's decision in LBP-03-26. Would you please affirm your votes?

CHAIRMAN DIAZ: Aye.

COMMISSIONER MCGAFFIGAN: Aye.

COMMISSIONER MERRIFIELD: Aye.

MS. VIETTI-COOK: The second matter is Duke Energy Corporation. The Commission is being asked to act on a Memorandum and Order responding to the NRC staff petition for interlocutory review of the Atomic Safety and Licensing Board's January 29, 2004 disclosure order and the February 4, 2004 meeting order. The Commission has voted to approve a Memorandum and Order which grants review and reverses both the Board's orders. Would you please affirm your votes?

CHAIRMAN DIAZ: Aye.

COMMISSIONER MCGAFFIGAN: Aye.

COMMISSIONER MERRIFIELD: Aye.

MS. VIETTI-COOK: That's all I have.

CHAIRMAN DIAZ: Thank you so very much, Madame Secretary.

This is to certify that the attached description of a meeting of the U.S. Nuclear Regulatory Commission entitled:

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.

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Thursday, February 22, 2007