ML13304A598
| ML13304A598 | |
| Person / Time | |
|---|---|
| Site: | San Onofre  |
| Issue date: | 03/17/1980 |
| From: | Chandler L NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Gina Davis AFFILIATION NOT ASSIGNED |
| References | |
| NUDOCS 8003250316 | |
| Download: ML13304A598 (4) | |
Text
March 17, 1980 Docket Nos. 50-361 and 50-362 Mr. Gil Davis The Blade - Tribune P. 0. Box 90 Oceanside, California 92054
Dear Mr. Davis:
In accordance with your request, made after the March 4, 1980 meeting regarding-the San Onofre Nuclear Generating Station Units 2 and 3, enclosed is a copy of the Commission's Modified Adjudicatory Procedures statement we briefly discussed.
Sincerely, Lawrence J. Chandler Counsel for NRC Staff
Enclosure:
Commission's Modified Adjudicatory Procedures DISTRIBUTION:
Tourtellotte Olmstead Chandler Chron. File FF (2)
HRood Shapar/Engelhardt/
DLynch.
Christenbury Reg. Central LPDR Treby (2)
Ries GUN~d-Jer;cc a.2.5.03I DATC 7
2 0 8 N PI O
PFI8 7
25 79 zIaC POIG 318*6
- NRCM 0240 u4o ooGvHnnuarT PRINTING OPPICE: 1970 SOB0 -79
Federal Register /
. 44 No. 219 / Friday, November 9,
/ Roles and Regulations 15049 osed under these procedures include:
marketing agreement as amended, and
- a. 1-19,48 Stat 31, as amended, 7 U.S.C S sideration of petitions to review or OdrN.90 saedd(
F at~
ca s that have been reopened or 910), regulating the handling of lemons Dated:
7.1979.
revi ed pursuant to 5 C.F.R. J 1201.114 grown in California and Arizona. The D. Kuryloi thro 1201.117; administrative law agreement and order are effective under Acting Directar Fruit etabie Division, judge *sciplinary cases heard initially the Agricultural Marketing Agreement Agricultural Marketihg by an a
- strative law judge under 5 Act of 1937, as amended (7 U.S.C. 60-
[FR D= M-844 Filedll-7k &0 am C.F.R. § 01.131 et seq.; and Special 674). The action is based upon the UIU.LM CODE 410-8" Counsel a
- ons heard by an recommendations and information administra e law judge under 5submitted by the lemon Administrative
§ 1201.129.
Committee, and upon other information.
CMMI EUAON (b) Announ ment Public announcement the ic an is hereby found that this action willand snuemtt etime, orlportions tend to effectuate the declared policy of 10 CFR Part 2 subject matter o eetings or portions teat thereof that are c sed under this the act.
provision shall be ade at the earliest The committee met on November 6, Modified Adjudicatory Procedures practicable time.
1979, to consider supply and market (c) Procedure for sing: At the conditions and other factors affecting AGENCY U.S. Nuclear Regulatory beginning of a mee r portion of a the need for regulation and Commission.
meeting to be closed un er this section, recommended a quantity of lemons ACflm Suspension of 10*CFR 2.764 and the Board may, by reco d vote of two deemed advisable to be handled during Statement of Policy on Conduct of of its members, determine o close the the specified week. The committee Adjudicatory Proceedings.
meeting of portion thereof t public reports the demand for lemons is observation following receip of a somewhat easier.
General Counsel's certificati pursuant It is further found that it is sland accident. the Commission has to I 1206.6(b).
impracticable and contrary to the public decided to make interim modifications (d) Record Availability-In the se of interest to give preliminary notice, to the procedures by which it supervises a meeting or portion of a meeting osed engage in public remaking, and and reviews adjudicatory licensing pursuant to this subsection. as soo as decisions involving power reactors. It practicable, the Board shall make potpne the eda l 30das has decided to suspend until further publicly available:
notice 10 CFR Z764 which is its rule of (1) A written record reflecting the v e (5 U.S.C. 553. because of insufficient practice on issuance of licenses after of each participating member of the time between the date when information adjudicatory decisions.I Furthermore, it Board to close the meeting; and bu has specified the procedures by which (2) The General Counsel certification regulation is based and the effective new licenses, permits and pursuant to I 1206.6(b).
date necessary to effectuate the authorizations may be issued. As (s ar wb)clared policy of the act. Interested provided in the Interim Statement on (5 UM C. 511 5
ons were given an opportunity to Policy and Procedure, 44 FR 5659 FR Dc.
400 Filed 7
45 mt information and views on the (October 10,
), this action will not 3W013295-Uation at an open meeting. It is affect non-adjudicatory proceedings or nece ary to effectuate the declared other adjudicatory matters including DEPRTMNT F GRIULTRE pupos of the act to make these enforcement and license amendment DEPARTMENT OF AGRICULTURE p regla provisions effective as proceedings, appellate decisions and Agricultural Marketing Service spec and handlers have been appised such provisions and the issuance of new licenses or permits.
7 CFR Part9 effective
- e.
This suspension of 10 CFR 2.7 and
[Leman Regulgon 2 Further, In c with the related statement of policy deal with procedures in cutive Order 1244, Commission rules of practice. For that Lemons Grown in California and the emergency ture of this regulation reason, and because prior notice and Artzona; Umitation of Handing warrants publi
'on without comment and delayed effectiveness ENC A cuturl Mrktin ~,rvce pprtunity for or public comment.
would further delay adjudicatory AGENcy: Agricultural Marketing Service, P
dcsosfmbenrneedadrm USDA.
The regulation has ot been classified being renere andifrom significant under U A citeria for bigadesdb h
omsin ACTION Final rule.
and so would be contrary to the public implementing the Ex tive Order. An interest, this suspension and statement
SUMMARY
. This regulation establishes Impact Analysis is av able from of policy shall be effective without prior the quantity of fresh California-Arizona Malvin E McGaha, 7-5.
public notice and comment and good lemons that may be shipped to market during the period November 11-17,1979.
§910.2 LUm aus sts frmaine upn Such action is needed to provide for Ordar- (a) The quantity 0
118n publication. However, the Commission orderly marketing of fresh lemons for grown in California and which will consider any public comments on this period due to the marketing may be handled during the pe iod these modified procedures which are situation confronting the lemon industry.
November 11, 197, throughNo mber fed with the Secretary of the EFFECTIVE DATE: November 11, 1979.
7, 19, is established at 0I FOR FURTHER NORKATION COWTACr carons.
$The Commission currently has underway a.
Malvin E. McGaha. 202447-675.
(b)As used in this section,h ed" wy of whether, spart from this temporary SUPPMENTARY MFORMATIOi Findings.
and "carton()" mean the ane a measu. de immediate effectiveness rule shoud be dtainednemarketingd or abolished. Nothing in today's This regulation is issued -under the d
)action is intended to prejudice the ouoif of that study.
grwUnClfriaadAioa h
65050 Federal Register / Vol.
No. 219 / Friday,- November 9, 1971 les and Regulations Commission within 30 days of published as a document subject to otherwise authorize licensing action, the publtiation of this notice.
codification.
Appeal Board shall decide any stay motions The actions described herein that are timely filed.2For the purpose of this constitute the Commission's final action 12.76
[Amended]
policy, a "stay" motion is one that seeks to on te ptitonsit as ecevedin he I. Section 2.784 of 10 CFR Part 2 is defer the effectiveness of a licensing Board.
on the petitions it has received in the Black Fox and Skagit proceedings.
amended by adding a footnote 1 at the decision beyond the period necessary for the EFFECTIVE DATE: November 9, 1979.
end thereof.
Appeal Board and Commission action described herein. If no stay papers are filed.
FOR FURTHER INFORMATION CONTACT:
- 2. 10 CFR Part 2 is amended by adding the Appeal Board shall, within the same time Stephen S. Ostrach, Esq.. Office of the an Appendix B at the end thereof to period (or earlier if possible), analyze the General Counsel, (202) 634-3224.
read as follows: "Appendix B-record and decision below on its own motion SUPLEENAR IFOMAIO: he Suspension of 10 CFR 2.764 and
- and decide whether a stayis warranted. It SUPPLEMENTARY INFORMATION: Th shall not, however, decide that a stay is Commission's Interim Statement of Stat of PoicynCou o
warranted without giving the affected parties Policyaan opportunity to be heard.
(October 10, 1979), indicated that the Appendix B-Suspension of 10 CFR §2.764 In deciding these stay questions, the Commission would subsequently decide and Statement of Policy on Conduct of Appeal Board shall employ the procedures the procedures by which it would Adjudicatoiy Proceedings set out in 10 CFR 2.788. However, in addition exercise increased supervision over to the factors set out in 10 CFR 2.788(e), the adjudicatory licensing decisions in the Board will give particular attention to aftermath of the investigations of the Atomic Safety and Licensing Boards shall whether issuance of the license or permit Three Mile in ain th hear and decide all issues that come before prior to full aministrative review may (1)
Thre Mie Ilan acidet. hatthem, indicating in their decisions the type of Create novel safety or environmental issues Statement also indicated that new licensing action, if any, which their decision in light of the Three Mle Iland accident; or construction permits, limited work would otherwise authorize. The Boards' (2) prejudice review of significant safety or authorizations and operating licenses decisions shall not become effective until the environmental issues. In addition to deciding for power reactors would be issued Appeal Board and Commission actions the stay issue, the Appeal Board will inform "only after action of the Commission outlined below have taken place.
the Commission if it believes that the case itself."
In reaching their decisions the Boards raises issues on which prompt Commission The Commission has now determined should interpret existing regulations and.
policy guidance, particularly guidance on that, until further notice, adjudicatory regulatory policies with due consideration to possible changes to present Commission proceedingswil e once a s
the implications for those regulations and regulations and policies, would advance the procedigs illbe ondcte aspolicies of the Three Mile Island accident. In Board's appellate review. If the Appeal Board described below. The Corhmission has this regard it should be understood that as a is unable to issue a decision within the sixty.
adopted this approach because it result of analyses still under way the day period, it should explain the cause of the achieves the objective of increased Commission may change its present d
Commission supervision of licensing regulations and regulatory policies i del theComissio the Comsso acios hie(1 aoiin nde ely important respects and thus compliance with shl.hruonete.lowteApa actions while (1) avoiding undue delay Badteadtoa iencsayt existing regulations may turn out to no longer Boardethe aiti koa time neesaprat and duplication of effort by adjudicators warrant approval of a license application. A and parties; and (2) allowing theaver itself.
and artes;and(2) lloingtheproidedin ararap 3 elow inaddtio to The running of the sixty-day period shall not Commission maximum flexibility in taking generic rulemaking actions, the terms of deciding whether, in light of its Commission will be providing case-by-case other responsibilities, particular guidance on changes in regulatory policies in decision effective. Unless otherwise ordered proceedings or issues warrant its early conducting its reviews in adjudicatory by the Commission. the Appeal Board will intercession or can appropriately be left proceedings. The Boards shall, in turn, apply these revised regulations and policies in Licensing Board decision after it has issued to the ordinary adjudicatory processes cases then pending before them to the extent its decision on any stay request.
(subject, of course, to ultimate that they are applicable. The Commission
- 3. Commission Commission review at the conclusion of expects the licensing Boards to pay the proceeding).
particular attention in their decisions to Reserving to itself the'right to step in at any When no formal adjudicatory analyzing the evidence on those safety a earlier stage of the proceeding, including the proceeding has been conducted on an environmental Issues arising under period prior to issuance of the licensing application for an operating license fore applicable Commission regulations and Board's initial Becision, the Commission powe recto, ad isofr a isues policies which the Boards believe present shall, promptly upon receipt of the Appeal power close qso isd wi the Board decision on whether the effectiveness have not been placed in controversy or serBos bliee ay bcrc the of a licensing Board decision should be determined by the Licensing Board or license should be come effective before f further delayed, review the matter on its own Appeal Board in a formal adjudicatory appellate review is completed. Furthermore, motion. The parties shall have no right to file proceeding on such an application, the the Boards should identify any aspects of the pleadings with the Commission with regard Commission will informally review the case which, in their judgment, present issues to the Appeal Board's stay decision unless recommendations of its staff on license on which prompt Commission policy requested to do so.
issuance and any such license will be guidance is called for. The Boards may The Commission will seek to issue a issuedrequest the assistance of the parties in decision in each case within 20 days of issed nlyaftr atio oftheidentifying such policy issues but absent receipt of the Appeal Board's decisions. If it Commission itself. In conducting such specific Commission directive, such policy an informal review, there will be due issues shall not be the subject of discovery, Such motions shall be filed as provided by 10 regard for rights to a hearing as examination. or cross-examination.
M 2788. No request need be filed with the provided under present law.
licensing Board prior to filing with the Appeal proide uner resnt2.
Atomic Safety and Licensing Appeal_
Board. Cf. Public Servicep Company of New Pursuant to the Atomic Energy Act of Boards Hampshire, (Seabrook Station. Units i and 2, 1954, as amended, the Energy Reorganization Act of 1974, as amended sixty days of the service of any Ait-ay p
N as be(sletdi and ectins 52 an 55 of itle5 ofthe licensing Board decision that wouldThsitdspeodasbnslcedn and Sections 552 and 553 of Title 5 of thefor United States Code, the following service by mal, close to thirty days may elapse 1The temporary suspension of this rule in certain before the Appeal Board has all the stay papers amendments to Title 10 Chapter I. Code proceedings and related matters are addressed in before it Second. the Appeal Board may find it of Federal Regulations, Part 2, are Appendix B to this part, necessary to hold oral argument.
Federal Register ol, 44, No. 219 / Friday, November 8,.
/ Rules and Regulations 1151 doei not act finally within that time, it will ACToIc Final rule.
that provision permits remote insurance state the reason for its further consideration agency activities not intended to be and indicate that time it anticipates will be MMARY: The United States Court of authorized required to reach its decision. In such an A
eals for the Fifth Circuit, in The By te ct.
event, if the Appeal Board has not stayed the A
ama Association of Insurance in accordance with the Court's opinion Licensing Board's decision, the initial Age
, Inc. v. Board of Goverors of the regarding the provision of Regulation Y decision will be considered stayed pending Fer Reserve System, 533 F2d 224 authorizing bank holding companies to the Commission's decision.
In announcing the result of its review of (5th C1 1976); rehearing denied, 558 F2d conduct general insurance agency any Appeal Board stay decision, the 729 (5th ir. 1977); cert. denied, 435 U.S.
activities in communities with a Commission may allow the proceeding to run 4 (1978 remanded to the Board for population not exceeding 5.000 its ordinary course or give whatever further con deration that part of the inhabitants. In addition, the Board instructions as to the future handling of the Board's Re ation Y authorizing bank solicited comments from the public proceeding it deems appropriate (for holding comp nies to act as agents or regarding whether the activity as acting example, it may direct the Appeal Board to brokers with r pect to general as general insurance agent in review the merits of particular issues in
.expedited fashion; furnish policy guidance with respect to particular issues; or decide to a population not ceeding 5,000 inadequate insurance agency facilities is review the merits of particular issues itself, persons, 12 CFR 2.(a)(9)(m)(a). The closely related to banking within the bypassing the Appeal Board). Furthermore, Board published th provision, together meaning of section 4(c)(8) of the Act.
the Commission may in a particular case with the provision o egulation Y The Board has considered all determine that compliance with existing authorizing bank hol companies to comments received and completed its regulations and policies may no longer be sell insurance in towns ith inadequate review of 12 CFR 225.4(a)(9)(iii). No sufficient to warrant approval ofinsurance facilities 12 requests for a hearing were received by application and may alter those regulations andpplicioat 225.4(a)(9)(iii(b)) for publ comment in the Board. The Board now makes certain andpoicis.accordance with the Court opinion. 43 findings and adopts certain amendments
- 4. Application of Procedures FR 23588(1978).
to that portion of Regulation Y in order le above procedures apply only to The Board has considered to confprm it to the opinion of the Fifth matters considered in adjudicatory comments received and has de rmined Circuit Court of Appeals.
proceedings for the issuance of nuclear that the sale of general insuran by From the record, including public power reactor construction permits (including bank holding companies in co
'ties comments received, the Board has limited work authorizations) and operating licenses. They do not govern the issuance of w
ith pulos notedi 5,
i conce ta th es of a
an operating license (a) where no formal adjudicatory proceeding has been conducted within the meaning of section 4(c)(8) f population not exceeding 5,000 is an on the merits of the application for the the Bank Holding Company Act of 19 activity closely related to banking license or (b) to the extent that some of the as amended, 12 U.S.C. 1843(c)(8). The within the meaning of section 4(c)(8) of matters considered in the course of the staff Board also has determined that the the Act.IIn this connection, the Board review of the operating license application regulatory language authorizing that notes that since 1916 national banks in have been neither placed in issue before nor activity was so broad as to permit act have been authorized pursuant to 12 determined by the Licensing Board or Appeal remote insurance agency activities not S.C. 92 to sell general insurance in Board in the formal adjudicatory proceeding intended to be authorized and the Board unties having a population not which was conducted on the application.
Further, these procedures will not apply to appropriately restricted the scope of ex eding 5,000. Additionally, it appears appellate decisions in cases where a that activity. Finally, the Board has that tate banks in approximately 34 complete initial decision has been issued by found that the sale of insurance in state may conduct general insurance a Licensing Board before the effective date of communities havinginadequate agen activities to the extent that this Statement of Policy, or to partial initial insurance facilities is not an activity nation banks may engage in that decisions not authorizing issuance of new "closely related" to banking within the acti d i fact, many state banks permits or licenses.
perit orlienss.meaning of the Act and has deleted that are engag in that activity. Moreover, (Sec. 161. Pub. L 83-703,68 Stat. 948 (42 provision from Regulation Y.
the rd owe that many U.S.C. 2201); sec. 201, as amended. Pub. L 93-EFFECTIVE DATE: December r, 1979.
commentato view the sale of general 438. 88 Stat 1243, Pub. L 94-79. 89 Stat. 413 (42 U.S.C. 5841))
FURHER INFORMATION CONTACT insurance in mall town to be a Dated at Washington. D. C., this 5th da Richard M. Whiting, Senior Attorney financial servi similar to banking and Novemer 199.day of (202/452-3779), Legal Division, Board of that in small to a bankers often are November 1079.
For the Nuclear Regulatory Commission.
Governors of the Federal Reserve the only persons alifled to provide Samuel 1. Chilk.
System, Washington, D.C. 20551.
Insurance agenc rvices. Finally, Secretary of the Commission.
SUPPLEMENTARY tNFORMATIOW (1) The eomcoablt o ns loatdhi SDoc. 7944830 Fled 11 4
Fifth Circuit Court of Appeat remanded s
on t
ns o n
RR. Dm 794 1 W1--
84 m
to the Board for further consideration saltwsfeunldpnsuo aG that part of 12 CFR 225.4(a)(9) that the income derived fro general authorized bank holding companies to IThe courts have set forth the Rowing general FE AL RESERVE SYSTEM engage in general insurance agency uidelnes for determining whethe proposed RS-activities in communities with a activity may be found by the Board be rdosely 12 CFR 25 population not exceeding 5.000. The related to banking: (1) Banks gener have in fact Cour Intruced he oardto ake provided the proposed services; (2)b s generally
[Reg Y; Docket R00*I Banka ninlwithin the mea i ade C
o in Bn Doukt Nonba tuA the C o istabcted t th r to services that ab cotveiratti proso mia toure ther proisit Cs aEnCA Board of Governors e
mak finings direted t o
f specilize fortioal otreie o
FedeAl Reserve System eteinking w eth the 22an4g of oard ofrvernors 516
(
- r.
9 furothe Coudrtinrce th p oar te evcsta r oi yrltdt h holdingd compce nie to actir asei agents or AGEN~r. Bord of Govrnors brokerfnds w
ithrpecte towr eneralfom atoalCuie socai 0,Bor pulihe th provsion together 16dUs(D Federal RserveSytem.accordanceg with the o urt e
opiion.437