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                                                                 1

 1                      UNITED STATES OF AMERICA

 2                    NUCLEAR REGULATORY COMMISSION

 3                                 ***

 4                       OFFICE OF THE SECRETARY

 5                                 ***

 6                         AFFIRMATION SESSION

 7

 8                    Nuclear Regulatory Commission

 9                        One White Flint North

10                     Commissioners Hearing Room

11                        11555 Rockville Pike

12                         Rockville, Maryland

13

14                      Monday, December 4, 2000

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16              The above-entitled Commission met in open session,

17    pursuant to notice, at 1:59 p.m., the Honorable RICHARD A.

18    MESERVE, Chairman of the Commission, presiding.

19

20    COMMISSIONERS PRESENT:

21              RICHARD A. MESERVE, CHAIRMAN

22              GRETA J. DICUS, Member of the Commission

23              NILS J. DIAZ, Member of the Commission

24              EDWARD McGAFFIGAN, JR., Member of the Commission

25              JEFFREY S. MERRIFIELD, Member of the Commission

                                                                 2

 1    STAFF AND PRESENTERS:

 2              ANNETTE L. VIETTI-COOK, Secretary

 3              KAREN D. CYR, General Counsel

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                                                                 3

 1                        P R O C E E D I N G S

 2                                                     [1:59 p.m.]

 3              CHAIRMAN MESERVE:  Before we proceed with today's

 4    session, we do have one affirmation matter that we should

 5    handle.  Madam Secretary, you may proceed.

 6              SECRETARY VIETTI-COOK:  The Commission is being

 7    asked to act on a final rule amending 10 CFR Part 26 to

 8    ensure compatibility with changes in the Department of

 9    Health and Human Services Guidelines, to reduce regulatory

10    burden in some areas; to clarify original intent of the

11    rule; and improve overall program effectiveness and

12    efficiency.

13              In addition, the rule also grants a December 30th,

14    1993 petition for rulemaking submitted by Virginia Power, by

15    changing the audit frequency of fitness for duty programs

16    from one year to three years.

17              The Commission has voted to approve the

18    publication and implementation of this final rule, subject

19    to the comments and changes provided.

20              Commissioner Diaz disapproved, in part, because he

21    did not believe the worthwhile changes passed the backfit

22    test.  Would you please affirm your votes.

23              [Vote affirmed 5 to zero.]

24              SECRETARY VIETTI-COOK:  That's all I have.

25              CHAIRMAN MESERVE:  Very good.

                                                                 4

 1              [Whereupon, at 2:01 p.m., the affirmation was

 2    concluded.]

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