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UNITED STATES OF AMERICA
NUCLEAR REGULATORY COMMISSION
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AFFIRMATION SESSION
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PUBLIC MEETING
Nuclear Regulatory Commission
One White Flint North
Rockville, Maryland
Friday, December 6, 1996
The Commission met in open session, pursuant to
notice, at 11:31 a.m., Shirley A. Jackson, Chairman,
presiding.
COMMISSIONERS PRESENT:
SHIRLEY A. JACKSON, Chairman of the Commission
KENNETH C. ROGERS, Commissioner
GRETA J. DICUS, Commissioner
NILS J. DIAZ, Commissioner
EDWARD McGAFFIGAN, JR., Commissioner
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ALSO PRESENT:
JOHN C. HOYLE, Secretary of the Commission
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P R O C E E D I N G S
CHAIRMAN JACKSON: This is an affirmation session.
We have two items to come before us this morning. Before I
ask the Secretary to lead us through these items for
affirmation, do any of my fellow Commissioners have any
comments they would like to make? If not, Mr. Secretary,
would you please proceed.
MR. HOYLE: Thank you, Chairman Jackson.
The first item is SECY-96-077. The Commission is
being asked in this paper to approve two final rules that
amend 10 CFR Part 52 to certify the U.S. Advanced Boiling
Water Reactor (ABWR) and System 80+ designs by rulemaking.
Each of you has voted to approve the two rules as
contained in the SECY paper with revisions recommended by
the EDO in memoranda to the Commission of August 13 and
October 21, and subject to some disapprovals and
modification of several provisions of the rules.
Specifically, the Commission has voted to
disapprove the inclusion of the new applicable regulations
as identified in proposed Section 5(c) and instead has
approved the inclusion of alternate language in the
Statement of Considerations and in the rules.
The Commission did not support the extension of
the backfit provisions of section 52.63 to technical
specifications and other operational requirements. Instead,
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it has voted to approve a revised Section 8(c) of each rule
that would apply to technical specifications and other
operational requirements in the Design Control Document.
Finally, you have voted in agreement to defer
consideration of specific design certification renewal
procedures until after the Commission has issued the final
design certification rulemakings.
I ask you to affirm your votes.
[All say aye.]
MR. HOYLE: Thank you.
The second paper we added this morning by
agreement. It has to do with Cleveland Electric
Illuminating Company. It's SECY-96-237.
The Commission is being asked to act on an order
that completes the Commission's review of the Atomic Safety
and Licensing Board's Memorandum and Order concerning Perry
Nuclear Plant in LBP-95-17. The Commission had earlier
granted review of the Board's order in response to a
petition from Cleveland Electric Illuminating Company.
All of you have voted to approve an order that
reverses and vacates the Board's order. May I ask you to
affirm your vote.
[All say aye.]
MR. HOYLE: That's all I have, Chairman Jackson.
CHAIRMAN JACKSON: If there are no further items,
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we are adjourned.
[Whereupon, at 11:33 a.m., the affirmation session
was adjourned.]
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