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IN RESPONSE, PLEASE August 22, 2001
I. SECY-01-0120 - Consolidated Edison Company of New York, Entergy Nuclear Indian Point 2, LLC, and Entergy Nuclear Operations, Inc.; Decision on Standing and Admissibility of Contentions in License Transfer Proceeding The Commission(1) approved a Memorandum and Order that grants standing to the petitioners, admits certain issues regarding financial qualifications, grants a hearing under Subpart M, and rules on motions in response to two petitions to intervene and requests for hearing, submitted by the Citizens Awareness Network and the Town of Cortlandt, New York, together with the Hendrick Hudson School District, related to the proceeding for the Indian Point 1 and Indian Point 2 license transfers. (Subsequently, on August 22, 2001, the Secretary signed the Memorandum and 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." Commissioner Dicus was not present when this item was affirmed. Accordingly the formal vote of the Commission was 3-0 in favor of the decision. Commissioner Dicus, however, had previously indicated that she would approve this paper and had she been present she would have affirmed her prior vote.
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