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IN RESPONSE, PLEASE
The Commission(1) approved a Memorandum and Order responding to an appeal by Duke Energy Corporation of the Atomic Safety and Licensing Board's decision in LBP-04-04 which granted the Blue Ridge Environmental Defense League's (BREDL) hearing request. In a subsequent decision, the Board also certified questions to the Commission related to BREDL's Security Contention 1. The Memorandum and Order dismisses Duke's appeal without prejudice, accepts the Board's certified questions, and invites the parties to submit briefs. (Subsequently, on April 21, 2004, 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." Commissioners McGaffigan and Merrifield were present in the Conference Room. Chairman Diaz participated in the meeting via speakerphone. |
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