Is there something wrong with nero 1.1.34.0 encoder or just my setting problem? When I set the quality to 0.95 in foobar 0.9.4.3 the reault is fine at 37xkbps, but when I set the quality level to 1, it produces the result of 2xxkbps and smaller file, and I notice that when quality over 0.95 the bitrate is 400 which does not change above 0.95.

That doesn't make any sense. You're saying that at q 1.00, the bitrate is in the 200s range, but you're also saying that above q 0.95, the bitrate is always 400kbps. Well, 1 is over 0.95, so you contradict yourself.

[edit]Ah, so you meant it stays the same above .95 until it reaches 1.0, where it dips. I didn't catch that at first!

No, it doesn't make sense, but it's true.
I've tried to reproduce this and with -q 0.99 got 357 Kbps file and with -q 1 205 Kbps.

With previous build the bitrate for both .99 and 1 is the same. (358 Kbps)

You are right. This is caused by a typo in one of the tables. Because it cannot find the right entry in the table the encoder switches back to the default (-q 0.5).
This will be fixed for the final release on the website.