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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 9:55 a.m.,

Nils J. Diaz, Chairman, presiding.

COMMISSIONERS PRESENT:

NILS J. DIAZ, Chairman

EDWARD MCGAFFIGAN, JR., Member of the Commission

JEFFREY S. MERRIFIELD, Member of the Commission

STAFF AND PRESENTERS SEATED AT THE COMMISSION TABLE:

ANDREW L. BATES, Acting Secretary of the Commission

JOSEPH R. GRAY, Office of the General Counsel

This is an unofficial transcript of a meeting of the United States Nuclear Regulatory Commission on October 23, 2003 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.

[9:55 a.m.]

CHAIRMAN DIAZ: Good morning. I believe we have some other business before we start with our briefing by ACNW? Mr. Secretary?

MR. BATES: Mr. Chairman, Commissioners, we have two affirmation items this morning to go through. The first one is SECY-03-0173 Fansteel, Inc. and it deals with a state of Oklahoma request for hearing and terminating the adjudicatory proceeding. The Commission is being asked to act on a Memorandum and Order responding to a Request for a Hearing from the State of Oklahoma related to the Fansteel, Inc. license transfer application.

The Commission has voted to approve a Memorandum and Order which denies Oklahoma's request for the Hearing and terminates the adjudicatory proceeding. Would you please affirm your votes?

CHAIRMAN DIAZ: Aye.

COMMISSIONER MCGAFFIGAN: Aye.

COMMISSIONER MERRIFIELD: Aye.

MR. BATES: The second item is SECY-03-0177 Dominion Nuclear Connecticut, Inc. in the matter of Millstone Nuclear Power Station. The Commission is being asked to act on a Memorandum and Order responding to the appeal from Connecticut Coalition Against Millstone (CCAM) of the Atomic Safety and Licensing Board decision in LBP-03-12 which denied CCAM's petition for leave to intervene and request for hearing. The Commission has voted to approve a Memorandum and Order which affirms the Atomic Safety and Licensing Board's decision in LBP-03-12. Will you please affirm your votes?

CHAIRMAN DIAZ: Aye.

COMMISSIONER MCGAFFIGAN: Aye.

COMMISSIONER MERRIFIELD: Aye.

MR. BATES: That's all I have.

CHAIRMAN DIAZ: Thank you so very much.

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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