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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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  Nuclear Regulatory Commission
Commission Hearing Room
11555 Rockville Pike
Rockville, Maryland
Friday, January 30, 2004

The Commission met in open session, pursuant to notice, at 9:15 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 (VIA TELECON)

STAFF AND PRESENTERS SEATED AT THE COMMISSION TABLE:

ANNETTE L. VIETTI-COOK, Secretary of the Commission

JOSEPH R. GRAY, Office of the General Counsel

DISCLAIMER

This is an unofficial transcript of a meeting of the United States Nuclear Regulatory Commission on January 30, 2004 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.

[9:15 a.m.]

P R O C E E D I N G S

CHAIRMAN DIAZ: Good morning. Madame Secretary, please proceed.

MS. VIETTI-COOK: Commissioner Merrifield, can you hear me okay?

COMMISSIONER MERRIFIELD: I can hear you.

MS. VIETTI-COOK: Okay. The Commission is being asked to act on a Notice and Order responding to Commission direction in a March 5, 2003, Staff Requirements Memorandum on SECY-02-0219 related to an application filed by Louisiana Energy Services to possess and use source, byproduct, and special nuclear material and to enrich natural uranium to a maximum of 5 percent U-235 by the gaseous centrifuge process. The Notice and Order provides for notice of receipt of application for license, notice of availability of applicant's environmental report, notice of consideration of issuance of license, and notice of hearing and Commission order. Further, the Notice and Order provides guidance and directives on the treatment of issues in the proceeding on the application and a milestone schedule for conduct of the proceeding. Commissioner McGaffigan would have preferred to impose a 2-year schedule. The Commission has voted to approve the notice and order as attached.

Would you please affirm your votes?

CHAIRMAN DIAZ: Aye.

COMMISSIONER MCGAFFIGAN: Aye.

MS. VIETTI-COOK: Commissioner Merrifield, I need you to do it separately. Would you please affirm your vote?

COMMISSIONER MERRIFIELD: Aye.

MS. VIETTI-COOK: Thank you.

COMMISSIONER MCGAFFIGAN: Mr. Chairman, could I just ask one clarifying question with regard of one sentence in the order? The sentence says "The Commission recognizes however that legislation currently being considered would require NRC to issue decisions on new enrichment facilities within two years of receipt of the application. Consequently the Commission will endeavor to identify efficiencies and provide the pertinent resources to further reduce the time the agency needs to complete reviews and reach decisions in licensing uranium enrichment facilities." I interpret that sentence to mean that the staff is not going to be budget-limited if they seek to carry out a schedule here.

CHAIRMAN DIAZ: It is my intention, and I'm sure Commissioner Merrifield looks at it that way, that we are not going to restrict the staff capability to conduct this in the most efficient manner by resources that we will provide and they were to provide the resources that they need to conduct these applications in the shortest possible time realizing that there might be other problems that will not allow us to do it in less than 24 or 30 months.

COMMISSIONER MCGAFFIGAN: Thank you for that clarification Mr. Chairman.

COMMISSIONER MERRIFIELD: Mr. Chairman, this is Commissioner Merrifield. I would concur in the remarks of the Chairman.

CHAIRMAN DIAZ: Thank you, Commissioner Merrifield. Madame...

MS. VIETTI-COOK: I have nothing else.

CHAIRMAN DIAZ: If not, we're adjourned. Thank you.

CERTIFICATE

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

TITLE OF MEETING:

Affirmation Session

(PUBLIC MEETING)

PLACE OF MEETING: Rockville, Maryland
DATE OF MEETING: January 30, 2004

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.

 

Transcriber: DARLENE K. WRIGHT

Reporter: (TAPE RECORDING)



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