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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
Thursday, June 14, 2001


		The Commission met in open session, pursuant to notice, at 9:55
a.m., 

Richard A. Meserve, Chairman, presiding.


COMMISSIONERS PRESENT:

	RICHARD A. MESERVE, Chairman
	GRETA J. DICUS, Member of the Commission
	NILS J. DIAZ, 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:


	ANNETTE L. VIETTI-COOK, Secretary
	KAREN D. CYR, General Counsel


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DISCLAIMER


		This is an unofficial transcript of a meeting of the United
States Nuclear Regulatory Commission on June 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 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.	


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[9:55 a.m.]

P R O C E E D I N G S



		CHAIRMAN MESERVE: Good morning.  This is an affirmation session. 

Madam Secretary, I believe we have two items and you may proceed.
		MS. VIETTI-COOK: The Commission is being asked to act on a
Memorandum and Order responding to the Atomic Safety and Licensing Board's
order dated January 31, 2001, which certified for Commission's review the issue
of whether the Board should adjudicate a request by the applicant Private Fuel
Storage for an exemption from NRC's seismic hazards analysis regulations.  The
Board also referred to the Commission its ruling that Utah's challenge to the
exemption would be admissible under NRC's contention rule (10 CFR ยง2.714(b))
were the NRC to allow the Board to entertain it.  The Commission has voted to
approve a Memorandum and Order which finds that Utah's contentions on exemption
related issues should be the subject of a hearing.  In addition, the Commission
affirmed the Board's findings concerning the admissibility of Utah's proffered
contentions.  The Commission has remanded this proceeding to the Board for
further proceedings on those issues of the proposed amended Contention Utah L
that the Board found would be admissible.  Would you please affirm your votes?
		COMMISSIONER MESERVE: Aye.
		COMMISSIONER DICUS: Aye.
		COMMISSIONER DIAZ: Aye.
		COMMISSIONER MCGAFFIGAN: Aye.
		COMMISSIONER MERRIFIELD: Aye.
		MS. VIETTI-COOK:  The Commission is being asked to act on an
Order related to an application filed by the consortium of Duke, Cogema, and
Stone & Webster for 


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authorization to build a mixed oxide fuel fabrication facility at the
Department of Energy's Savannah River site in South Carolina.  Petitions to
intervene and/or requests for hearing were timely filed by four petitioners. 
The Commission has voted to approve an Order which refers the petitions to the
Atomic Safety and Licensing Board and establishes hearing milestones. Would you
please affirm your votes?
		COMMISSIONER MESERVE: Aye.
		COMMISSIONER DICUS: Aye.
		COMMISSIONER DIAZ: Aye.
		COMMISSIONER MCGAFFIGAN: Aye.
		COMMISSIONER MERRIFIELD: Aye.
		MS. VIETTI-COOK: That's all I have.
		CHAIRMAN MESERVE:  Thank you Madam Secretary.	


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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:		July 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:	DARLENE K. WRIGHT

				Reporter:	(TAPE RECORDING)