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UNITED STATES OF AMERICA
NUCLEAR REGULATORY COMMISSION

DOCKETED 08/30/07

SERVED 08/30/07

COMMISSIONERS:

Dale E. Klein, Chairman
Edward McGaffigan, Jr.
Gregory B. Jaczko
Peter B. Lyons

_________________________________________

In the Matter of

SOUTHERN NUCLEAR OPERATING CO.

(Early Site Permit for Vogtle ESP Site) _________________________________________

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Docket No. 52-011-ESP

CLI-07-24

MEMORANDUM AND ORDER

The Commission delegated this early site permit (ESP) application proceeding to the Licensing Board to conduct the mandatory hearing and make the findings required under 10 C.F.R. § 2.104(b).1  Subsequently, the Commission accepted a proposal from the Combined License Review Task Force that the Commission itself conduct the mandatory hearings for combined operating license applications.2  In view of this Commission decision, the Board certified the following question to the Commission, pursuant to 10 C.F.R. § 2.319(l):

Does the Commission wish this Licensing Board to conduct the Vogtle ESP mandatory hearing?3

In response to this certified question, the Commission affirms its original delegation to the Board and asks the Board to conduct the mandatory hearing in this proceeding, as originally planned.

IT IS SO ORDERED.

 

For the Commission

/RA/

___________________________
Annette L. Vietti-Cook
Secretary of the Commission

Dated at Rockville, Maryland,
this 30th day of April, 2007.


1 See Southern Nuclear Operating Company; Notice of Hearing and Opportunity to Petition for Leave to Intervene on an Early Site Permit for the Vogtle ESP Site, 71 Fed. Reg. 60,195, 60,195-96 (Oct. 12, 2006).

2 See Memorandum from Annette L. Vietti-Cook, Secretary, to Luis A. Reyes, Executive Director for Operations, et al., Staff Requirements - COMDEK-07-0001/COMJSM-07-0001 - Report of the Combined License Review Task Force (June 22, 2007) at 1.

3 Memorandum (Certifying Question Regarding Conduct of Mandatory Hearing) (July 12, 2007) at 3, unpublished Licensing Board decision.



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