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UNITED STATES OF AMERICA ***** AFFIRMATION SESSION *** PUBLIC MEETING ***
DISCLAIMER This is an unofficial transcript of a meeting of the United States Nuclear Regulatory Commission on August 22, 2008 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. [9:35 a.m.] P R O C E E D I N G S CHAIRMAN KLEIN: We are ready to start with the affirmation. MR. HART: The first item for affirmation Entergy Nuclear Operations, Indirect Transfer of Control of Licenses. The Commission is being asked to act on a Memorandum and Order responding to two petitions to intervene in the Entergy Nuclear Operation’s application for approval of the indirect transfer of control of licenses for the Pilgrim, Palisades, FitzPatrick, Vermont Yankee, Indian Point and Big Rock Point facilities. Petitions were submitted by the Union Locals 369 and 590 of the Utility Workers of America (AFL-CIO) representing the workers at Pilgrim Nuclear Power Station and by West Chester Citizens Awareness Network, Rockland County Conservation Association, Promoting Health and Sustainable Energy, Sierra Club, North East Chapter and State Representative Richard Brodsky representing the Indian Point Nuclear Generating Units. Subsequently, Union Local 369 withdrew from the proceeding. The Commission has voted to approve a Memorandum and Order which denies the petitions to intervene and their associated requests and terminates this adjudication. Commissioner Jaczko disapproved the order in part. Would the Commissioners in the room please affirm your votes? COMMISSIONER JACZKO: Aye. COMMISSIONER SVINICKI: Aye. Chairman Klein would you please affirm your vote? CHAIRMAN KLEIN: Aye. Commissioner Lyons would you please affirm your vote? COMMISSIONER LYONS: Aye. MR. HART: The second item for affirmation Petitions of the State of Nevada and Dr. Jacob Paz to Reject the Department of Energy's Application to Construct a Geologic Repository at Yucca Mountain, Nevada. The Commission is being asked to act on a Memorandum and Order responding to Petitions by the State of Nevada and Dr. Jacob Paz requesting that the Commission reject the Department of Energy’s license application seeking authorization to construct a geologic repository at Yucca Mountain, Nevada. The Commission has voted to approve a Memorandum and Order which rejects the Petitions without prejudice to the Petitioners right to pursue identical claims as proposed contentions if and when the application is docketed and a notice of hearing issues. Commissioner Jaczko voted to approve the Memorandum and Order but would have provided the staff with guidance not to docket the Department of Energy’s Yucca Mountain Application until the Environmental Protection Agency issues its final rule regarding radiation protection standards at the proposed facility. Would the Commissioners in the room please affirm your votes? COMMISSIONER JACZKO: Aye. COMMISSIONER SVINICKI: Aye. Chairman Klein would you please affirm your vote? CHAIRMAN KLEIN: Aye. Commissioner Lyons would you please affirm your vote? COMMISSIONER LYONS: Aye. MR HART: That’s all I have. Thank you. CHAIRMAN KLEIN: Thank you. Meeting’s adjourned.
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