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IN RESPONSE, PLEASE September 3, 2004
The Commission1 approved an Order responding to a request for hearing from Public Citizen, Inc. on an NRC security order issued July 2, 2004 and published in the Federal Register on July 13, 2004. The Order holds in abeyance Public Citizen's hearing request pending the D.C Circuit's upcoming decision in Public Citizen v. NRC. (Subsequently, on September 3, 2004, the Secretary signed the Order.)
1. Section 201 of the Energy Reorganization Act, 42 U.S.C. Section 5841, provides that action of the Commission shall be determined by a "majority vote of the members present." Chairman Diaz was present in the Conference Room. Commissioners McGaffigan and Merrifield participated in the meeting via speakerphone. |
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