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          1                      UNITED STATES OF AMERICA
          2                    NUCLEAR REGULATORY COMMISSION
          3                                 ***
          4                         Affirmation Session
          5                                 ***
          6                           PUBLIC MEETING
          7                                 ***
          8                                  Nuclear Regulatory Commission
          9                                  Commission Hearing Room
         10                                  11555 Rockville Pike
         11                                  Rockville, Maryland
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         13                                  Thursday, August 7, 1997
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         15              The Commission met in open session, pursuant to
         16    notice, at 10:49 a.m., the Honorable SHIRLEY A. JACKSON,
         17    Chairman of the Commission, presiding.
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         19    COMMISSIONERS PRESENT:
         20              SHIRLEY A. JACKSON, Chairman of the Commission
         21              GRETA J. DICUS, Member of the Commission
         22              EDWARD McGAFFIGAN, JR., Member of the Commission
         23              NILS J. DIAZ, Member of the Commission
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          1    STAFF AND PRESENTERS SEATED AT COMMISSION TABLE:
          2              JOHN C. HOYLE, Secretary
          3              KAREN D. CYR, General Counsel
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          1                        P R O C E E D I N G S
          2                                                    [10:49 a.m.]
          3              CHAIRMAN JACKSON:  Now we have an affirmation
          4    session.  You can stay and be part of our audience, if you
          5    wish.
          6              Good morning, ladies and gentlemen.  This is an
          7    affirmation session.
          8              Am I allowed to start 11 minutes early?
          9              We have two items to come before us this morning. 
         10    Before I ask the Secretary to lead us through the items for
         11    affirmation, do any of my colleagues have any opening
         12    comments they would like to make?
         13              [No response.]
         14              CHAIRMAN JACKSON:  If not, Mr. Secretary, please
         15    proceed.
         16              MR. HOYLE:  Thank you, Chairman Jackson.
         17              The first of the two is SECY 97-165.  In this
         18    paper, the Commission is being asked to act on an order
         19    responding to the staff's petition for review of two Atomic
         20    Safety and Licensing Board issuances, 97-2 and 97-6.  Both
         21    of these have to do with a senior reactor operator license
         22    for Mr. Ralph Tetrick.
         23              The Commission has voted to approve the order
         24    which grants the petition for review and reverses the
         25    Presiding Officer's decision requiring an issuance of an SRO
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          1    license to Mr. Tetrick based upon the rounding of
          2    Mr. Tetrick's written examination scores.
          3              Chairman Jackson, Commissioners Dicus and Diaz
          4    would disapprove this order.
          5              I ask you to affirm your votes.
          6              [A chorus of ayes.]
          7              MR. HOYLE:  Thank you.
          8              The second one is acting on an order responding to
          9    an appeal from the Native American Petitioners in the Energy
         10    Fuels Nuclear, Incorporated, case, appeal of a Presiding
         11    Officer's order, 97-12, rejecting the Native American
         12    Petitioners' claims for standing.  The order proposes to
         13    instruct the Presiding Officer to pass upon the motions to,
         14    one, reconsider his decision and, two, to reopen the record.
         15              The order indicates that the Commission believes
         16    the Presiding Officer's greater familiarity with the prior
         17    proceeding and pleadings in this case renders him better
         18    equipped than the Commission to make prompt initial rulings
         19    on the merits of these motions.
         20              All of you have voted to approve the order.  I ask
         21    you to affirm your votes.
         22              [A chorus of ayes.]
         23              MR. HOYLE:  Thank you.
         24              CHAIRMAN JACKSON:  Is there anything else to come
         25    before us this morning?
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          1              MR. HOYLE:  No, there isn't.
          2              CHAIRMAN JACKSON:  If not, we stand adjourned.
          3              [Whereupon, at 10:52 a.m., the affirmation session
          4    was concluded.]
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