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IN RESPONSE, PLEASE
I. SECY-02-0222 - Pacific Gas & Electric Co. (Diablo Canyon Power Plant Independent Spent Fuel Storage Installation); Licensing Board's Referral in LBP-02-23 of its Denial to Admit Terrorism Contentions/Issues The Commission(1) approved a Memorandum and Order responding to the Licensing Board's referral of terrorism contentions in the matter of Pacific Gas & Electric's application to build a dry cask independent spent fuel storage installation. The Memorandum and Order accepts the Board's referral and affirms its rejection of the terrorism contentions for different reasons than those the Board expressed. (Subsequently, on January 23, 2003, 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 4-0 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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