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IN RESPONSE, PLEASE
REFER TO: M010214B

February 14, 2001

MEMORANDUM FOR:       John F. Cordes, Director
Office of Commission Appellate Adjudication
FROM: Annette L. Vietti-Cook, Secretary /RA/
SUBJECT: STAFF REQUIREMENTS - AFFIRMATION SESSION, 12:30 P.M., WEDNESDAY, FEBRUARY 14, 2001, COMMISSIONERS' CONFERENCE ROOM, ONE WHITE FLINT NORTH, ROCKVILLE, MARYLAND (OPEN TO PUBLIC ATTENDANCE)
I. SECY-01-0013 - Carolina Power & Light Company (Shearon Harris Nuclear Power Plant); Orange County's Petition for Review and Request for Immediate Suspension and Stay of the NRC Staff's "No Significant Hazards Consideration" Determination and Issuance of License Amendment for Shearon Harris Spent Fuel Pool Expansion

The Commission(1) approved a Memorandum and Order responding to Orange County's petition for review and request for a stay related to the license amendment application filed by Carolina Power & Light Company (CP&L) to increase the spent fuel storage capacity at its Shearon Harris Nuclear Power Plant. The Memorandum and Order rejects Orange County's petition, but directs the staff to file a brief addressing certain matters identified in the Memorandum and Order. In addition, CP&L is directed to store no spent fuel under the license amendment pending further action by the Commission or a Licensing Board decision approving the amendment, whichever comes sooner.

(Subsequently, on February 14, 2001, the Secretary signed the Memorandum and Order.)

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


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." Commissioner Diaz was not present when this item was affirmed. Commissioner Diaz, however, had previously indicated that he would approve this paper and had he been present he would have affirmed his prior vote.



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