NRC: Meeting SRM M050804 - Affirmation Session

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IN RESPONSE, PLEASE
REFER TO: M050804

August 4, 2005

MEMORANDUM FOR:	John F. Cordes, Director Office of Commission Appellate Adjudication
FROM:	Annette L. Vietti-Cook, Secretary /RA/
SUBJECT:	STAFF REQUIREMENTS - AFFIRMATION SESSION, 1:30 P.M., THURSDAY, AUGUST 4, 2005, COMMISSIONERS' CONFERENCE ROOM, ONE WHITE FLINT NORTH, ROCKVILLE, MARYLAND (OPEN TO PUBLIC ATTENDANCE)

COMSECY-05-0027 - Dominion Nuclear Connecticut, Inc. (Millstone Nuclear Power Station, Units 2 and 3), Docket Nos. 50-336-LR & 50-423-LR

The Commission¹ approved a Memorandum and Order responding to the Atomic Safety and Licensing Board’s submission of a certified question to the Commission. The Memorandum and Order grants review of the certified question and expresses the Commission intention to consider, sua sponte, three other questions related to Suffolk County’s late-filed contention. The Memorandum and Order establishes a filing schedule for briefs and responses.

(Subsequently, on August 4, 2005, the Secretary signed the Memorandum and Order.)

cc:	Chairman Diaz Commissioner Merrifield Commissioner Jaczko Commissioner Lyons EDO DOC OGC CFO OCA OIG OPA Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail) PDR

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." Chairman Diaz was not present when this item was affirmed. Accordingly the formal vote of the Commission was 3-0 in favor of the decision. Chairman Diaz, however, had previously indicated that he would approve this Memorandum and Order and had he been present he would have affirmed his prior vote.