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UNITED STATES OF AMERICA
NUCLEAR REGULATORY COMMISSION

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AFFIRMATION SESSION

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PUBLIC MEETING

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The Commission met in open session, pursuant to notice, at 12:45p.m.,

Dale E. Klein, Chairman, presiding.

COMMISSIONERS PRESENT:

DALE E. KLEIN, Chairman of the Commission

EDWARD MCGAFFIGAN, JR., Member of the Commission

JEFFREY S. MERRIFIELD, Member of the Commission

PETER B. LYONS, Member of the Commission

STAFF AND PRESENTERS SEATED AT THE COMMISSION TABLE:

KAREN CYR, General Counsel

ANNETTE L. VIETTI-COOK, Secretary of the Commission

DISCLAIMER

This is an unofficial transcript of a meeting of the United States Nuclear Regulatory Commission on May 14, 2007 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.

[12:45p.m.]

P R O C E E D I N G S

CHAIRMAN KLEIN: Madam Secretary, I believe we have an affirmation today.

ANNETTE VIETTI-COOK: We have one item. It's a final rule. Requirements for expanded definition of byproduct material. The Commission is being asked to act on a final rule amending 10 CFR Parts 20, 30, 31, 32, 33, 35, 50, 61, 62, 72, 110, 150, 170, and 171 to establish the regulatory framework for certain radium sources, accelerator-produced material, and certain discrete sources of naturally occurring radioactive material (NARM). The final rule revises the definition of "byproduct material," adds a definition for "discrete source," and amends existing regulations and adds certain provisions in order to provide the regulatory framework for the newly added byproduct material. The Commission has voted to approve the publication and implementation of this final rule, subject to the changes and comments noted in the attachment. Would you please affirm your votes?

CHAIRMAN KLEIN: Aye.

COMMISSIONER MCGAFFIGAN: Aye.

COMMISSIONER MERRIFIELD: Aye.

COMMISSIONER LYONS: Aye.

ANNETTE VIETTI-COOK: Commissioner Jaczko had previously indicated that he'd approve this paper and had he been present he would have affirmed his prior vote. That's all I have.

CHAIRMAN KLEIN: Any other comments?

COMMISSIONER MCGAFFIGAN: Mr. Chairman, I just want to comment. The staff did amazing work in this period of time. I don't know whether we met all the time lines laid out a couple of years ago in the Interim Policy Act to get to this point on May 13, 2007. It's about 21 months after the law had been passed we made this amazing achievement. I hope the staff realizes that.

COMMISSIONER MERRIFIELD: I concur with that comment.

CHAIRMAN KLEIN: Thank you. Meeting's adjourned.

CERTIFICATE

This is to certify that the attached description of a meeting of the U.S. Nuclear Regulatory Commission entitled:

was held as herein appears, is a true and accurate record of the meeting, and that this is the original transcript thereof taken stenographically by me, thereafter reduced to typewriting by me or under the direction of the court reporting company.

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Tuesday, May 15, 2007