ML13303A463
| ML13303A463 | |
| Person / Time | |
|---|---|
| Site: | San Onofre  |
| Issue date: | 05/12/1981 |
| From: | Chandler L NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Hand C, Johnson E, Kelley J Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8105150115 | |
| Download: ML13303A463 (3) | |
Text
REGULATY INFORMATION DISTRIBUTIO YSTEM (RIDS)
ACCESSION NBR:8105150115 DOC,DATE: 81/05/12 NOTARIZED: NO DOCK FACIL:50*361 San Onofre Nuclear Station, Unit 2, Southern Californ 050 0361 50-362 San Onotre Nuclear Station, Unit 3, Southern Californ 050 AUTH.NAME AUTHOR AFFILIATION CHANOLERL.J.
Hearing Branch 1 RECIPNAME, RECIPIENT AFFILIATION KELLE.YJ.L.
Atomic Safety and Licensing Board Panel JOHNSONE.B, Atomic Safety and Licensing Board Panel
- HANDCH, Atomic Safety and Licensing Board Panel
SUBJECT:
Discusses cases re order of presentation of evidence in Commission proceedings per Kelley request at recent prehearing conference.NRC direct case usually presented l ast1 DISTRIBUTION CODE: DS07S COPIES RECEIVED:LTR L ENCL SIZES TITLE: ELD Filings (NonAntitrust)
NOTES:Send all FSAR&
ER amends to L Chandler, 05000361 1 cy:J Hanchett (Region;V),D Scalettil cy of all envir info Send al 1FSAR & ER amends to L Chandler.
05000362 1 cy:J Hanchett (Region V).D Scalettirl cy of all envir info RECIPIENT COPIES RECIPIENT COPIES ID CODE/NAME LTTR ENCL ID CODE/NAME LTTR ENCL ACTION:
LIC 6R #3 C 1
LIC BR 3 LA 1
- ROODH, 1
INTERNAL: DSd-H ST 2
I&E 2
NRC PDR 1
OGC 1
PU LIC AFFAIRS R FILE 1
EXTERNAL: LPDR 1
NSIC 1
TOTAL NUMBER OF COPIES REQUIRED,:,LTTR ENCL
& A 1 419 May 12, 1981 2
James L. Kelley, Esq., Chairman, Dr. Cadet H. Hand, Jr.,
Administrative Judge-Administrative Judge Atomic Safety and Licensing Board c/o Bodega Marine Laboratory U.S. Nuclear Regulatory Commission University of California Washington, D.C. 20555 P. 0. Box 247 Bodega Bay, California 94923 Mrs. Elizabeth B. Johnson, Administrative Judge Oak Ridge National Laboratory P. 0.' Box X, Building 3500 Oak Ridge, Tennessee 37830 In the Matter of SOUTHERN CALIFORNIA EDISON COMPANY, ET AL.
(San Onofre Nuclear Generating Station, Units 2 and 3)
Docket Nos. 50-361 OL and 50-362 OL
Dear Members of the Board:
At the recent prehearing conference, Judge Kelley requested that.the.
Staff provide him with a reference to cases addressing the question of the order of presentation in Commission proceedings (Tr. 441-442).
While the Licensing Board's Prehearing Conference Order, dated May 8, 1981, renders this question largely academic, Staff counsel's efforts, are provided herewith.
Although I had believed such references were plentiful, it appears after.'
some research, that generally those Licensing Board and Appeal Board.
decisions which make reference to this subject do so without discussion; they appear to confirm a stipulated order of presentation or an on-the-record discussion which is not reflected in the decision.,While not particularly expansive, one case on point appears to be the recent Licensing Board ruling in General Electric Company (General Electric Test Reactor, Vallecitos Nuclear Center), Docket No. 50-70SC (Show.
Cause), Memorandum and Order (Following Second Prehearing Conference and Subsequent Conference Call), February 3, 1981. The entire-discussion of this matter follows:
"(13) The Board requested the parties' views with regard to the order of proof. Licensee agreed to present its direct case, first, despite its position that the burden of proof rests on the OFFICEO SURNAME1 NRC.........
1.O g 1 5 0 NRC FORM 318 (10/80) NRCM e240 OFFICIAL RECORD COPY
- .USGPO: 1980-329-82
-2 Intervenors. With regard to the subsequent presentations, Intervenors submitted that the Staff should present its case next, because Staff agrees with the Licensee's position. Tr. 165-167.
The Staff and Licensee pointed out that it is customary for the Staff to go last, regardless of whose position it supports, because Staff is considered to be the guardian of the record. Tr. 164-165, 167.
The Board agrees that the Staff will present its direct case last, as is customary." (Slip opinion at 8-9.)
I would note that in some instances, the Staff's presentation was made after that of the Applicant and before that of Intervenors.
Another factor militating in favor of the Staff's presentation being made last is derived from the Commission's regulations themselves. Although not addressing the order of evidentiary presentation, the regulations generally provide that the Staff is to be given an opportunity to be the last to speak and therefore give the Staff additional time to respond to petitions for leave to intervene (10 C.F.R. § 2.714(c)), motions (10 C.F.R. § 2.730(c)), proposed findings of fact (10 C.F.R. § 2.754(a)(2))
and briefs on appeal (10 C.F.R. § 2.762(a) and (b)). In providing that the Staff would go last, in connection with the foregoing, the Commission recognized that it is the Staff's duty to represent the public interest in adjudicatory proceedings and to assure development of an adequate decisional record (see statement of consideration accompanying restructured rules of practice, 37 Federal Register 15127, July 28, 1972).
We believe that this principle is equally applicable to the question of order of presentation in the instant proceeding.
Sincerely,
, X1 Lawrence J. Chandler Deputy Assistant Chief Hearing Counsel cc:
Janice E. Kerr, Esq.
David R. Pigott, Esq.
Alan R. Watts, Esq.
Richard J. Wharton, Esq.
Mrs. Lyn Harris Hicks Charles R. Kocher, Esq.
David W. Giliian Atomic Safety and Licensing Board Phyllis N. Gallagher, Esq.
Atomic Safety and Licensing Appeal Board A. S. Carstens Secretary DISTRIBUTION:
NRC Central LPDR Chandler HRood DScaletti ChronA I.
OFFICE 0ELD SURNAME)
LChandler:c DATE)5 i
/8 1 NRC FORM 318 (1/8oNRCM e24 OFFICIAL RECORD COPY
- USGPO:1980-329-824