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IN RESPONSE, PLEASE
REFER TO: M070830

August 30, 2007

1. SECY-07-0113 - Final Rule: 10 CFR Parts 30, 31, 32, and 150 - Exemptions from Licensing, General Licenses, and Distribution of Byproduct Material: Licensing and Reporting Requirements (RIN 3150-AH41)

The Commission¹ approved a final rule amending 10 CFR Parts 30, 31, 32, and 150 governing the distribution of byproduct material. This final rule affects distributors of byproduct material to exempt persons, some general licensees, and some users of exempt products. The Commission has voted to approve the publication and implementation of this final rule, subject to the comments and changes noted 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.

The staff should develop an interim process to compile, analyze, and QA incoming annual exemption summary reports to meet the objectives of evaluation of public health and safety before such a system is included in the web-based licensing.

The typical specific license for gauges currently issued by NRC and Agreement States would not authorize all activities now permitted with the adoption of this rulemaking. The staff should communicate with affected licensees and Regional and Agreement State licensing staff to ensure that appropriate action is taken to amend affected licenses to allow the transfer of a generally licensed device for use under a specific license.

2. SECY-07-0137 - Southern Nuclear Operating Co. (Early Site Permit for Vogtle ESP Site) – Certified Question Regarding Conduct of Mandatory Hearing

The Commission¹ approved a Memorandum and Order responding to a certified question to the Commission from the Atomic Safety and Licensing Board on whether the Commission wanted the Licensing Board to conduct the Vogtle ESP mandatory hearing. The Memorandum and Order affirms the Commission’s original delegation to the Board and asks the Board to conduct the mandatory hearing in this proceeding, as originally planned.

(Subsequently, on August 30, 2007, the Secretary signed the Memorandum and Order.)

Attachment: Comments and Changes to the Final Rule in SECY-07-0113

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 Jaczko and Lyons were present in the Conference Room. Chairman Klein participated in the meeting via speakerphone. Commissioner McGaffigan was not present when this item was affirmed. Accordingly the formal vote of the Commission was 3-0 in favor of the decision. Commissioner McGaffigan, however, had previously indicated that he would approve this Order and had he been present he would have affirmed his prior vote.

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Thursday, August 30, 2007