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IN RESPONSE, PLEASE
I. COMSECY-02-0014 - Re-Affirmation of Final Rule on Part 35 - Medical Use of Byproduct Material The Commission approved a final rule which amending 10 CFR Part 35. The final rule has been revised to include Subpart J, Training and Experience Requirements, as was included in the proposed rule. The Commission approved the publication and implementation of this final rule subject to incorporation of the comments and changes in the attachment. Following incorporation of these changes, the Federal Register notice should be reviewed by the Rules Review and Directives Branch in the Office of Administration and forwarded to the Office of the Secretary for signature and publication. II. SECY-02-0045 - Pacific Gas and Electric Co. (Diablo Canyon Power Plant, Units 1 and 2), Docket Nos. 50-275-LT, 50-323-LT The Commission approved a Memorandum and Order related to the license transfer application submitted by Pacific Gas and Electric Co. (PG&E). The Memorandum and Order seeks briefs from the parties including the parties' views on two questions. (Subsequently, on April 12, 2002, the Secretary signed the Memorandum and Order.) III. SECY-02-0047 - International Uranium (USA) Corporation (White Mesa Uranium Mill) Appeal of LBP-02-03 (MLA-10) The Commission approved a Memorandum and Order responding to an appeal by the Glen Canyon Group of the Utah Sierra Club (Sierra Club) of its dismissal in LBP-02-03 and an unpublished Memorandum and Order (Rejecting Unauthorized Filing) of January 2, 2002, from the license amendment proceeding where International Uranium Corporation (IUSA) would be authorized to receive and process alternative feed material from a site in Maywood, New Jersey. The Memorandum and Order vacates LBP-02-03 and the unpublished Memorandum and Order and remands the proceeding to the Presiding Officer to reconsider whether to accept any portion of the Sierra Club's response to IUSA's supplemental filing, and if appropriate, to reconsider the Sierra Club's standing to intervene in this proceeding. (Subsequently, on April 12, 2002, the Secretary signed the Memorandum and Order.) IV.SECY-02-0050 - Duke Energy Corp. (McGuire Nuclear Station, Units 1 & 2; Catawba Nuclear Station, Units 1 & 2) The Commission approved a Memorandum and Order responding to appeals submitted by Duke Energy Corporation (Duke) and the NRC staff from the Atomic Safety and Licensing Board's (Board) January 24, 2002, order (LBP-02-04) in this license renewal proceeding involving four of Duke's nuclear power plants. The Memorandum and Order reverses the mixed oxide fuel ruling in LBP-02-04, vacates the Board's March 1, 2002 order, and dismisses the staff's motion for stay and interlocutory review of the March 1, 2002 order as moot. (Subsequently, on April 12, 2002, the Secretary signed the Memorandum and Order.) V. SECY-02-0065 - Private Fuel Storage (Independent Spent Fuel Storage Installation) Docket No. 72-22-ISFSI; Protective Order for Documents Submitted with Skull Valley Band's Brief in Response to CLI-02-08. (Granting Review of Environmental Justice Ruling, LBP-02-08) The Commission approved a Memorandum and Order responding to a motion from the Skull Valley Band of Goshute Indians for a protective order covering two documents attached to its brief filed in response to CLI-02-08 . The Protective Order grants the Skull Valley Band's motion. (Subsequently, on April 12, 2002, the Secretary signed the Memorandum and Order.) Attachment: Changes to the Final Rule on 10 CFR Part 35 in COMSECY-02-0014
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." Commissioners Dicus and Merrifield were not present when these items were affirmed. Accordingly the formal vote of the Commission was 3-0 in favor of the decisions. With respect to the final rule on Part 35, Commissioner Diaz would not have included the statement that the Commission will consider changes in training and experience because the Commission indeed always has the opportunity to improve a rulemaking, as appropriate. He believes that by stating this point, the overall revised training and experience requirements could be placed in question by those who need finality. Commissioners Dicus and Merrifield had previously indicated that they would approve these papers and had they been present they would have affirmed their prior vote.
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