ML13304A610
| ML13304A610 | |
| Person / Time | |
|---|---|
| Site: | San Onofre  |
| Issue date: | 06/23/1980 |
| From: | Chandler L NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Raynard Wharton WHARTON & POGALIES |
| References | |
| NUDOCS 8007030006 | |
| Download: ML13304A610 (4) | |
Text
Richard J. Wharton, Esq.
Wharton and Pogalies 2667 Camino Del Rio South Suite 106 San Diego, California 92108 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 Mr. Wharton:
This is in reply to your letter of May 19, 1980 and your mailgram of the same date, regarding-NRC Staff meeting practices in connection with the Staff's geology/seismology review generally, and in regard to-meetings with the U.S.
Geological Survey and the Applicants held at the NRC's offices in Bethesda, Maryland on May 20 and 21, 1980.
As I have previously explained, the Staff, in general, endeavors to provide ample advance notice to interested parties of any meeting between it and applicants conducted as part of the Staff's review, so that arrangements to attend can be made. In connection with the San Onofre proceeding, such notice typically has included written notice and in addition, to the extent possible, if a meeting relates.to a matter which is the subject of a contention, phone notification.
However, as you will note in the attached copy of the notice of Open Meetings and Statement of NRC Staff Policy, 43 Fed. Reg. 28058, in.some cases, the need for a prompt meeting may make it impossEle or impracticable to provide advance notice; every effort is made to keep such occurrences to a minimum.
Furthermore, so that there is no misunderstanding regarding the Staff's policy with respect to the location of meetings, I will reiterate that, to the extent practicable and consistent with the Staff's responsibilities in this and other proceedings as well as constraints resulting from manpower and budgetary considerations, meetings will be held in locations convenient to all parties.
Assuming that the foregoing factors permit a meeting to be held in California, primary consideration is given.to the mutual needs and convenience of the Staff and party with whom the Staff is meeting; only thereafter, will consideration be given to the convenience of others who wish to attend and observe. This is consistent with the position I previously informed you of and in fact which was followed in setting up the meetings with Applicants and Intervenors, FOE, et al.,
respectively, in early March of this year.
80 070 g
.O FFICE SU RNAM E D A T E NRC FORM 318 (9-76) NRCM 0240 U.S: GOVERNMENT PRINTING OFFICE: 1979-289-369-
Mr. Richard J. Wharton
-2 Regarding the meetings held on May 20 and 21 in Bethesda, I would note that, as you anticipated, Mr. A. Carstens did attend both meetings. I am also informed that you have,already been sent a verbatim transcript of each meeting.
This courtesy should not be considered to be precedent for any future meeting; transcripts were prepared in this instance only because of the unusually short notice with which you could be provided, under the circumstances, of a meeting to be held in Bethesda.. In the future, as in the past, only a meeting summary will be prepared and sent to all parties.
You should be aware that neither meetings (such as those of May 20 and 21) nor meeting summaries form the basis of a Staff position on any given matter being reviewed as part of a.license application. To be relied on by the Staff, information provided by an applicant must be formally submitted as part of the application. Meeting summaries are intended to serve the function of informally providing public information that a meeting was held, what the subject matter was (in general terms), the highlights of the meeting and, again in general terms, any agreements, commitments or decisions tentatively made which are to be subject to subsequent, formal documentation. Under no usual circumstances is such a meeting summary prepared to serve as a report to an Atomic Safety and Licensing Board, as you suggest.
With respect to your request that the Staff conduct a meeting similar to the May 20-21 meeting on the same subject matter in California so that Intervenors may participate, the Staff is not willing, in this instance, to honor your request. As you are aware, at a meeting between the Applicants and Staff, Intervenors involvements would, in any event, be limited to observation with no active participation. In this instance, Mr. Carstens, a representative of Intervenors, did attend and observe the May 20-21 meetings. Furthermore, in this instance you were also provided with a verbatim transcript of each meeting.
Certainly, therefore, it would seem that you are in a position to have full knowledge of what.transpired at the meetings; a duplicate meeting would, in these circumstances, merely be an unwarranted burden on already limited Staff resources.
In summary, the Staff will continue to provide as much advance notice of meetings with the Applicants as possible and will also continue to have such meetings in California provided they can be arranged consistent with the Staff's overall responsibilities and resource limitations. We will also continue to extend to OFFICE SURNAME NATE F
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NRC FORM-318 ('.-7,
'.R U.S-.GOVERNMENr PRINTING OFFICE: 1979-289-369*
Mr. Richard J. Wharton
-3 Intervenors the same opportunity to meet with the Staff, provided Intervenors assure participation at such meeting by someone who the Staff considers qualified by education and/or experience in the particular subject matter. In any event, a summary of.any meeting held will be prepared and sent to all parties.
Sincerely, Lawrence J. Chandler Counsel for NRC Staff cc: A. S. Carstens P. M. Gallagher, Esq.
L. H. Hicks D. R.4'igott, Esq.
C. R. Kocher, Esq.
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/80 NRC FORM 318-(9-76) NRCM 0240 U.S. GOVERNMENT PRINTING OFFI E: 1979-289-369
28058 NOTICES 0.24 inch in diameter, all the foregoing of ment of Justice, 633 Indiana Avenue division. For example, some persons iron or steel, provided for in items 646.49.
NW., Washington, D.C. 20531.
may not be permitted to attend meet 646.54, 646.56, and 646.63 of the Tariff Schedules of the United States (19 U.S.C.
JOHN M. RECTOR, ings weeclie oprieai 1202).
Administrator, Office of Juve (FR oc.78-797 Fied 627-8: :45am]nil JusiceandDelnquncy guards information) is to be discussed.
(F Dc.781770Fied6-7-8:8:5 m)rieventin an.elnuec The NRC staff will prepare a written Prevenion.
summary of the unclassified and non
[FR Doc. 78-17870 Filed 6-27-78; 8:45 am]
proprietary portions of such meetings
[4410-181 and forward the summary to interest DEPARTMENTed persons unable to attend so that DEPATMEN OFJUSTCE 759001]they will be informed of what tran Law Enforcement Assistance Administration UCLEAR REGULATORY spired at the meeting. However, at NATIONAL SCHOOL RESOURCE CENTER COMMISSION tendance will not be limited solely be V
cause preliminary
- opinions, recoin Solicitation VDOMESTIC LICENSE APPLICATIONS mendations, or advice will be offered on the merits of the applications The Office of Juvenile Justice and Open Meetings and Statement of NRC Staff during the meeting.
Delinquency Prevention announces a Policy When a party or petitioner for leave competitive grant program focusing on The Nuclear Regulatory Commis-to intervene requests, reasonable ef the problem of school violence and sion's (NRC's) regulations in 10 CFR forts will be made by the NRC staff to vandalism. The objective of this solici-2.102 permit applicants to confer in-inform the party or petitioner of tation is development of a school re-formally with the NRC technical staff forthcoming meetings conducted by source network that provides assist-during reviews of domestic license or the NRC technical staff so that appro ance to students, teachers, parents, se-permit applications. These meetings priate arrangements for attendance curity personnel, school administra-have served as an essential means for can be made. It is recognized that in tors, and community personnel.. The the exchange of technical information some cases the need for a prompt national network is to include a na-and views necessary for the technical meeting may make it impossible or im tional school resource center and four review of applications.
For several practicable to notify all parties and pe regional school resource centers. The years other parties or potential parties titioners. The policy described above national network will help local to domestic licensing proceedings, as also cannot practicably be applied to schools and school districts design and well as members of the general public, chance encounters between NRC tech implement school violence and vandal-have, upon request, been permitted to nical staff personnel and other parties ism prevention programs through attend applicant-NRC technical staff or petitioners but such chance encoun-.
training, technical assistance, and ad-meetings as observers. However, the ters will not be permitted to serve as a vocacy that result in changes in school Commission's regulations'do not re-source of information for the conduct response to youth behavior.
quire that others be permitted t of licensing reviews.
At the present time, there is no na-attend such informal meetings be-Dated at Bethesda, Md. this 20th tional strategy to assist schools In tween applicant and staff, and the day of June, 1978.
dealing effectively with school crime, general practice being followed in this Resources.are minimal and fragment-regard has never been formally articu-For the Nuclear Regulatory Cor ed. Many local programs are developed lated. This statement is intended to mission.
solely in the interest of security. They provide such articulation. It is also LEE V. GOSSICg.
fail to accomplish their objectives, fail noted that this matter is related to the Executive Director for Operations; to address the real needs of the school provision for increased public partici-
[FR Doc. 78-17916 Filed 6-27-78; 8:45.am]'
systems, and fail to provide benefits pation which was approved, by the that are consistent with their costs. A Commission during its consideration national school resource network dedi-of NUREG 0292 (Denton Report).
[75 1]
cated to advocacy, reform,.and a safer As a general matter, the Commission
[Docket No. 50-2191 environment for students and teachers and staff try to involve concerned citi is needed to provide overall direction zens in any Commission activity in JERSEY CENTRAL POWER & LIGHT CO.
and coordination of existing and new which thea have expressed an interest.
Issuance of Amendment to Provisional school resources.
All meetings conducted by the NRC Preliminary applications in response technical staff as part of its review of to this announcement are due Novem-a particular domestic license or permit The U.S. Nuclear Regulatory Co ber 1, 1978. While it is anticipated that application (including an application mission (the Commission) has issued only one grant award will be made, for an amendment to a license or Amendment No. 32 to Provisional Op subgrant arrangements are both ac-permit) will be open to attendance by erating License No. DPR-16, issued to ceptable and encouraged. The grant all parties or petitioners for leave to Jersey Central Power & Light Co. (the period will be for a duration of fifteen intervene in the case. These meetings licensee), which revised the Technical (15) months; the award amount will be are intended by the NRC technical Specifications for operation of the up to a maximum of $2,500,000. Pre-staff to facilitate an exchange of infor-Oyster Creek Nuclear Generating Sta liminary applications will be consid-mation between the applicant and the tion (the facility), located in Ocean ered only from public and private non-staff. It is expected that the NRC County, N.J. The amendment'is effec profit agency, organizations, and insti-technical staff and the applicant will tive 30 days after the date of its issu tutions. All such agencies, organiza-actively participate in the meeting.
ance.
tions, and institutions must have dem-Others may attend as observers. Like-The amendment revised the Techni onstrated experience in dealing with wise, when meetings are scheduled be-cal Specifications to incorporate re youth.
tween the staff and otherparties or quirements for establishing and main Copies of the program guidelines petitioners, applicants would be per-taming the drywell to suppression will be released on August 1, 1978, and mitted to attend only as observers, chamber differential pressure and sup can be obtained by contacting the The general policy of open meetings pression chamber water level, to main Office of Juvenile Justice and Delin-described above will admit of only a tam the margins of safety established quency Prevention, Law Enforcement few exceptions, which must be ap-in the NRC. staff's 'Mark I Contain Assistance Administration.
Depart-proved by the Director of the relevant ment Short Term Program Safety FEDERAL REGISTER, VOL 43, NO. 125-WEDNESDAY, JUNE 28, 1978