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IN RESPONSE, PLEASE
REFER TO: M040903

September 3, 2004

MEMORANDUM FOR:

Karen D. Cyr
General Counsel

FROM: Annette L. Vietti-Cook, Secretary /RA/
SUBJECT: STAFF REQUIREMENTS - AFFIRMATION SESSION, 10 A.M., FRIDAY, SEPTEMBER 3, 2004, COMMISSIONERS' CONFERENCE ROOM, ONE WHITE FLINT NORTH, ROCKVILLE, MARYLAND (OPEN TO PUBLIC ATTENDANCE)
  1. SECY-04-0153 - PUBLIC CITIZEN'S REQUEST FOR HEARING ON THE COMMISSION'S JULY 2, 2004, SPENT FUEL SECURITY ORDER AND PROPOSED ORDER HOLDING PROCEEDING IN ABEYANCE

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.)

cc: Chairman Diaz
Commissioner McGaffigan
Commissioner Merrifield
EDO
CFO
OCAA
OCA
OIG
OPA
Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)
PDR

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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