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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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Nuclear Regulatory Commission
Commission Hearing Room
11555 Rockville Pike
Rockville, Maryland

Wednesday, February 14, 2001



		The Commission met in open session, pursuant to notice, at 12:30 p.m., Richard A. Meserve,
Chairman, presiding.
COMMISSIONERS PRESENT:
	RICHARD A. MESERVE, Chairman
	GRETA J. DICUS, Member of the Commission
	EDWARD MCGAFFIGAN, JR., Member of the Commission
	JEFFREY S. MERRIFIELD, Member of the Commission
STAFF AND PRESENTERS SEATED AT THE COMMISSION TABLE:
	ANDREW L. BATES, Office of the Secretary
	STEPHEN G. BURNS, Deputy General Counsel




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DISCLAIMER

		This is an unofficial transcript of a meeting of the United States Nuclear Regulatory
Commission on February 14, 2001 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 maters 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.



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[12:30 p.m.]

P R O C E E D I N G S

		CHAIRMAN MESERVE: Good afternoon.  We have an affirmation matter to deal with.
		MR. BATES: Yes, we have one item Mr. Chairman.  Before we do that I have to ask you to hold
this on short notice please.  We need a vote to hold this on less than one week's notice.  Do I have your
OK.
		CHAIRMAN MESERVE: I approve.
		COMMISSIONER DICUS: Aye
		COMMISSIONER MCGAFFIGAN: Aye
		COMMISSIONER MERRIFIELD: Aye
		MR. BATES: The item before us for affirmation this morning is 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 the License Amendment for Shearon Harris Spent Fuel Pool Expansion.  The Commission is being
asked to act on 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 Commission has
voted to approve a Memorandum and Order which 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 

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the amendment, whichever comes sooner.  Commissioner Dicus did not believe, given the licensee's current
activities, that it was necessary to preclude storage of spent fuel under the amendment while awaiting the
staff response to this Order.  Commissioner Diaz had previously indicated that he would approve this
Memorandum and had he been present he would have affirmed his prior vote.  Can I have the vote from the
other Commissioners?
		CHAIRMAN MESERVE: Aye
		COMMISSIONER DICUS: Aye
		COMMISSIONER MCGAFFIGAN: Aye
		COMMISSIONER MERRIFIELD: Aye
	MR. BATES: That's all I have today.
	CHAIRMAN MESERVE: Good.  Thank you very much.  We're adjourned.

[12:35p.m.]


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CERTIFICATE

This is to certify that the attached description of a meeting of the U.S. Nuclear Regulatory Commission
entitled:
		TITLE OF MEETING: Affirmation Session
					(PUBLIC MEETING)
		PLACE OF MEETING: Rockville, Maryland
		DATE OF MEETING: February 14, 2001
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.

			Transcriber: NANCY GREATHEAD
			Reporter:   (Tape Recording)