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UNITED STATES OF AMERICA
NUCLEAR REGULATORY COMMISSION

*****

AFFIRMATION SESSION

***

PUBLIC MEETING

***

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

Wednesday, September 13, 2000

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

a.m., 

Richard A. Meserve, Chairman, presiding.



COMMISSIONERS PRESENT:



	RICHARD A. MESERVE, Chairman

	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 September 13, 2000 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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[9:30 a.m.]
P R O C E E D I N G S

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

I believe we have three items come before us.  Madam Secretary, you may

proceed.

		MS. VIETTI-COOK: The Commission is being asked to act on a Direct

Final Rule Amending 10 CFR 2.205 by adjusting the maximum civil penalty per

violation under the Atomic Energy Act of 1954, as amended, from $110,000 to

$120,000 and amending 10 CFR 13.3(a)(1) and (b)(1) by adjusting the civil

monetary penalty for violations of the Program Fraud Civil Remedies Act from

$5,500 to $6,000.  This final rule also makes a minor change to 10 CFR 1.23(e)

to reflect the longstanding OGC practice of only providing legal advice to NRC

staff upon request on agency procurement matters.  Finally, the rule amends 10

CFR 13.2 by revising the designation of NRC "Reviewing Official" for the

purposes of the Program Fraud Civil Remedies Act. The Commission has voted to

approve the publication and implementation of this final rule.  Would you

please affirm your votes?

	

	CHAIRMAN MESERVE: Aye

	COMMISSIONER DIAZ: Aye	

	COMMISSIONER MCGAFFIGAN: Aye

	COMMISSIONER MERRIFIELD: Aye

	

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		Commissioner Dicus also voted to approve this final rule and had

she been present she would have affirmed her prior vote.

		The second item the Commission is being asked to act on a

Memorandum and Order responding to a petition filed by Connecticut Coalition

Against Millstone and the Long Island Coalition Against Millstone seeking a

hearing under 10 CFR Part 2, Subpart M, on an application for an indirect

transfer of the operating licenses for the Millstone Nuclear Power Station,

Units 1, 2, and 3, and a request for stay of the NRC August 22 Order approving

the indirect transfer and for an independent investigation of the circumstances

surrounding the staff's decision. The Commission has voted to approve the

Memorandum and Order which denies the petition for hearing, application for

stay, and request for an independent investigation, and terminates the

proceeding.

Would you please affirm your votes?

		

		CHAIRMAN MESERVE: Aye

		COMMISSIONER DIAZ: Aye

		COMMISSIONER MCGAFFIGAN: Aye

		COMMISSIONER MERRIFIELD: Aye

		

		Commissioner Dicus has also voted to approve this Memorandum and

Order and had she been present she would have affirmed her prior vote.

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		The third item the Commission is being asked on a Memorandum and

Order responding to a motion by the North American Water Office and Ms. Carol

Overland for reconsideration of CLI-00-14.   The Commission has voted to

approve a Memorandum and Order which denies the motion for reconsideration. 

Would you please affirm your votes?



		CHAIRMAN MESERVE: Aye

		COMMISSIONER DIAZ: Aye

		COMMISSIONER MCGAFFIGAN: Aye

		COMMISSIONER MERRIFIELD: Aye



		Again, Commissioner Dicus had voted to approve this Memorandum

and Order and had she been present she would have affirmed her prior vote.

		CHAIRMAN MESERVE: Are there any other matters?

		MS. VIETTI-COOK: No.

		CHAIRMAN Meserve: We stand adjourned. [9:35 a.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:	September 13, 2000



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)