ML13304A621
| ML13304A621 | |
| Person / Time | |
|---|---|
| Site: | San Onofre  |
| Issue date: | 07/31/1980 |
| From: | Chandler L NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Gallagher P, Raynard Wharton GALLAGHER, P.M., WHARTON & POGALIES |
| References | |
| ISSUANCES-OL, NUDOCS 8008070084 | |
| Download: ML13304A621 (4) | |
Text
July 31, 1980 Phyllis M. Gallagher, Esq.
Richard J. Wharton, Esq.
1695 West Crescent Avenue Wharton and Pogalies Suite 222 2667 Camino Del Rio South Anaheim, California 92701 Suite 106 San Diego, California 92108 in VWa er of SOUTHERN CALIF*VK ED I dN COMPANY, ET AL.
(San Onofte Nuclear /!eneratin Station, Units 2 and 3)
Docket Nos 50-361 0 and 50-362 OL Dear Mrs. Gallagher and Mr. Wha Enclosed, in accordance with your request, is a copy of the transcript of the prehearing conference held in this proceeding on July 17, 1980.
Also, with respect to your continuing inquiry concerning Commission policy on assistance to intervenors, I am enclosing a copy of a recent change in the NRC's Rules of Practice (10 C.F.R. § 2.708,- 2.712 and 1 2.750), which may be of interest to you.
Sincerely, Lawrence J. Chandler Counsel for NRC Staff
Enclosure:
Transcript DISTRIBUTION:
NRC Central cc w/enclosure:
(Fed.
Reg. only)
LPDR Ivan W. Smith, Esq.
Tourtellotte Dr. Cadet H. Hand, Jr.
FF (2)
Dr. Emmeth.A. Luebke Shapar/Engelhardt/
Janice E. Kerr, Esq.
Christenbury Charles R. Kocher Chandler David R. Pigott, Esq.
HRood Alan R. Watts, Esq.
DScalett Mrs. Lyn Harris Hicks Chron.
David W. Gilman A. S. Carstens Atomic Safety and Licensing Board Atomic Safety and Licensing Appeal Board Secreta OFFICE~J E...LD 7 /
80 o 0 0 18 SURNAME Y.Ld.Dr:~....
D A T E (9 76 N R 02 0.
N N
P R.TI G.FF..
NFIC FORM 318 (9-76) NRCM 0240
- U.S
'GOVEFRNMENT PRINTING OFFICE: 1979-289-369.
Federal Register / VoL. 45. No. 145 1 Friday July 2, 1980 / Rules and Regulations 49535 action is taken as a result of an dayspriorto the annlveraM date ofdte oreducecostburdensforparties administrative decision.
note.
mmissn adjudicatory licensing 4
EFFECTIVE DATE July 25, 1980.
proceedings on applications forlioens S.'
and amendments thereto. Several iA47 FOR FURTHER INFORMATION CONTACT:
tIbutA(Deletee Carl 0. Opstad, Farm Real Estate Loan paotof the sieredinthe Division, Farmers Home Administratioin accordanc with 7 CFR Parl 0 Su USDA, 14th and Independence Avenue, G,
uranium fuel cyclet S 4F.
SW, Washington, DC 20250. Telephone-the determination of FmHA that the proposed
([arch I& 1977)43 FR 6915 (Aprt N (202) 447-4572.
action 4oes not constitute imajor Federal 1978), and 44 FR 45362 (August1.9.
The Final Impact Statement action significantly affecting the quality of From that proceeding the Commission describing the options considered in uman environment and i accordance with hoped to gain specific experience with developing this final rule and the impact the National Environmental Poicy Act of providing free service of documents and of implementing each option is available 1969, Pub. L 91-190, an Environental Impact free transcripts and to use the on request from the Office of the Chief.
Statem icc Directives Management Branch, Farmers egatio of autoriy 1Y th with reaped to adjudicatory.
Home Administration. Room 6346 South autofit 7
the An3 Sefga of Agriculture Building, 14th and Development. 7 CR 2.M9)
Eligibflt for NRC Poeua Independence Avenue. SW, Washington. DC 20250.
Washngto.
D 202o.on Cauh One alternative with respect to SUPPLEMENTARY tWFORMATiOw This Adminiutrutar FamHe final action has been reviewed under prcian ise., pr oidbit USDA procedures established in Secretary's Memorandum 1955 to an affidavit to the Hearing Board imlmn xctveOdr104 nd L.~C~534stating, with brief factual support. that implement Executive Order 12044, and has been classified "not significanr.
their ability to participate would be This action will save time and reduce NUCR REGULATORY sistantl. Un d
iteout the paperwork. If the exhibit were to stay in COMMISSION Comissnc oUd haeratove the Federal Register, each time the interest rate changed it would be 10 CFR Pa 2 the Boards and parties with some necessary to bring this exhibit up-to-guidance as to who would ordiarily date. Removing this exhibit and making ProcedTa Adotance In Addicaten qualfy for assistance under this in ~ ~
~
~
~ ~~r acodac wih7CR attolupr it available in any FmHA office is the Ltcensing Proceedings standard. However, offering procedural most prompt way to provide information assistance to all intervenors without on interest rate changes.
AGENC%- U.S. Nuclear Regulatory qualification might offer enough savings.
The Farmers Home Administration Commission NRC).
from not having to decide who was amends the Table of Contents and AcTiow: Effective rule qualified to receive assistance to be section 1951.5(a)(2) and deletes Exhibit worth the extra expense of assisting a A from Subpart A, part 9, Chapter A
nrfew additional intervenors. On the other XVIII, Title 7 in the Code of Federal regulations in order to provide a on-hand. it is incongruous to charge an Regulations.
year pilot program of procedural applicant from $50,000 to 1
n million for It is the policy of this Department that assistance in adjudicatory peedings processing an application. and then to rules relating to public property, loans.
o applications for licede ses d
offer it a free translipe, worth on the grants, benefits,Sor contracts shall be amendments thereto, except for antitrut order of $1,00.
published for comment notwithstanding proceedings, to parties other than the
-On balanm the Comnmission has the exemption in 5 U.S.C. 553 with applicant by (a) upon a party's request.
decral that the better alternative is to
- respect to such rules. This action, providing one transciipt without char roieprcdragsisae t l Dated:e prunera 26sstnc to980.
however, is not published for proposal ru that party and (b) upon a partys rulemaking since the purpose of the request, copying and serving withouet atsolerhnaapicntn adjudicatory proceedings on change is administrative in nature and-applications for l icenses and publication for comment is unnecessar.
attachmnts proposed findingsoffa amendments thereto.
Therefore, the Table of Contents and and conclusions of law, and responses 1 1951.25(a)(2) are amended and Exhibit to discoverey requests. I addition the NRC Provision of Free Transcripts A is deleted as follows:
regulations are amended to require thre s
eeie
- mparties, including an applicant, a
ae thhe Tabl ofContntsNRC an original plus two copies of each especially when fast copy is requested.
uanyicafl nccle. foee day FR a30 filing in an adjudication. rather than an Atyiatrncptfroedyfa Exhibit A-Avals in any FA Office) original and twety copiproceeding rns about 2 0 page. The
- EFFECTIVE DATE:Jl 22 19K).
original of such a transcript, provided
,the next mnorning, costs about $1,000 11951.25 Review of Lknited Rsources FOR FURTHER INFORMATION CONTAC 1upplementary copies cost about $10.
FO and Ot. loans.
Thomas F. Dori=n Esq. Office of the In the S-3 proceeding trarmmipts were (a) Frequency of kws Executive Legal Director, U.S. Nuclear requested by moat pubic interest (1)*a.
Regulatory Commission. Washington.
groups, industry representatives and (2) The interest rate on FO loans will D.C. 20555 (Telephone: (301)H92-416W).
utilities. The principal conclusion that be increased in accordance with the SUPPLEMENTARY INFORMATION In order can be drawn from that proreeding is Schedule in Exhibit A of this Subpart to help parties assist the Comfmission in almost self-evident. namely, that NRC's (available in any Fm i office.) The
-arriving at its decisions, the Commnissio offer to provide an expensive service loans will then be reviewed at least on several occasions over the past (transcripts) is attractive to most parti once every two years, approximately n0 several years has considered proposals These parties, in turn, can better ass
49536 Federal Register /' Vol. 45, No. 145 / Friday. uly s, Ibof Rules and Regulations the Commission in arriving at its Comisson. Concerhid bed p
if free copying and erice, decisions.
expressed that free service would Copying and service have been Ther is no reaeson why free encourage abuses in the form of requestedbyltervenorsinaum of transcripts could not be made available overlong, unedited or unnecessary instances and the value of the In adjudications to parties. other than filings. In general, for those who
-assistance, both to intervenors and the the applicant. at the same time and altimatelY requested copying and quality of Commission decisionmaking.
location as they are made available to service, there were no significant may be worth the modest delay entailed.
the NRC staff. If transcripts are mailed differences in length or frequency A one-year pilot program would allow to the staff. they would also be mailed to between filings copied and served by NRC to obtain information on this effort intervenors. This service could replace the parties themselves and those copied and on any problems such a program present practice where members of the and served by NRC at a party's request.
may present as well as answer whether staff or the Licensing Board frequently This experience suggests that a NRC copying and service of testimony is lend an intervenor an extra copy of the program of free NRC copying and an incentive to timely filing.
transcript, although on a necessarily service is not likely to be abused. The irregular basis. Transcripts are Commission does not wish to assume Filing of 20 Coples with the Commission particularly important to the many this responsibility for all classes of Parties in licensing proceedings, under intervenors who attempt to make their documents, since this would create 10 CFR 2.708(d), file or serve documents cases on cross-examination.
substantial delay. It has, however.
-as follows: the original and 20 copies Therefore, the Commission has identified several categories of with the Commission, and one copy on decided to initiate a one-year pilot
'documents which are bulky. but do not each party and on members of the program to provide free transcripts on arise frequently. Their service by the hearing panel in question. The 20 copies the basis previously described.
Commission would thus relieve parties filed with Docketing and Service are for Licensing Boards will have the of a substantial burden without.-
the Commission's convenience for discretion to aootrol the distribution of introducing substantial delay. These internal informational distribution; the transcripts to parties-for example, to categories are: (1) testimony (including appropriate Board and the parties are limit distribution to some but not all of a attachments), (2) proposed findings of served separately.
consolidated group of intervenors, or to fact and conclusions of law, and (3)
These 20 copies are not adequate for only those phases of a hearing in which responses to discovery requests. In internal NRC distribution needs. In an intervenor intends to participate.
relative terms, service of these practice, Docketing and Service NRC Provision of Free Copying and documents need not be as rapid as Items distributes some copies upon receipt Service such as briefs or motions. A rough look making additional copies creates a time at filings in licensing proceedings, lag of up to several days. Since the Most licensing proceedings produce indicates that these documents tend to copies Docketing and Service sends out dozens of filings. It should be noted that, be relatively bulky. Also, documents are informational, the Commission frequently, parties in complex containing testimony and exhibits
- perceives no tight time constraint on proceedings routinely serve more people contain substantive contentions and are, internal information distribution: the than necessary. Particularly in those In effect the "essence" of NRC normal time lag necessary to allow NRC proceedings in which certain aspects of proceedings. By processing them. NRC to do all copying of internal distribution an issue have been heard before all would be copying and serving a documents would not cause levels of NRC adjudicatory boards, substantial amount of the number of inconvenience. Therefore, the parties tend to compile service lists ages filed, a service which would have Commission has decided that all parties, which reflect the entire history of the Eigh payoff in terms of reducing costs to including applicants, need file with the proceeding, rather than being tailored to intervenors, without substantially Commission only an original and two the particular paper being filed. Random impeding the progress of the copies; the original would go to the checks of service lists show that this
- adjudicatory process.
docket file, one copy would go directly 7ort of error accgirnts for between 3 and Copying and service of these to the Public Document Room, and the 7 extra copies made and distributed, documents by the commission may other copy would be used for The Commission wishes to emphasize cause some very small delay in the reproduction.
that parties should be aware that hearing process. A licensing proceeding Anirs rceig service is required only on the may require several rounds of testimony Commission Dr the pertinent and an opportunity to file proposed NRC will not provide free transcripts adjudicatory board and the parties, and findings of fact and conclusions of law.
and free copying and service in antitrust that parties endeavoring to hold down (Responses to discovery requests are proceedings. The studies of filings have their costs should carefully monitor their also filed. but not on a tight time been confined to health, safety, and service lists.
schedule.)
environmental licensing proceedings.
In December 1977. the Commi sion At least five days would be required While the Commission believes that the authorized the Docketing and Service for each set of documents to reach the changes would substantially assist Branch to copy and serve submissions in Commission and be copied and mailed intervenors in those proceedings without the S-3 proceeding, if requested to do so to the parties and board members.
introducing substantial delay, it does by parties to the proceeding. Each part Therefore, the rule provides that not know whether these conclusions can requesting this assistance served an documents filed with Docketing and be extended to antitrust proceedings.
original and two copies on NRC. Others Service in the three categories There may be, in fact, substantial followed normal procedures, namely, previously described should be filed not differences in the extent and general service on other parties and an original less than five days before the date at bulk of discovery between the two kinds plus 20 copies an NRC.
which they are submitted to an -of proceedings, In addition, the The results show that the availability adjudicatory board, unless the presiding Commission does not know whether of free copying and service had no officer provides otherwise, parties in antitrust proceedings are discernible impact on the length or On balance, the Commission has likely to need such assistance as frequency of filings with the decided to undertake a one-year pilot intervenors in health, safety, and
Federal Register / VoL 45, No..145 / Friday July a, 190 I Rules and Regulations 4!i environmental proceedings.
cense or an amendment thereto, ITe national bank supervsoey..
Consequently, the Commission wlB presidingofficermayarrawfo process. logethet with the interma investigate this area further before provision of we fiee transcript b administration of the Office. kaw making any changes.
th icant, upon undergone significant cha a
Because these amendments relate rquest by that party. The transcript wil section 4.13 was last comprehensively solely to agency procedure and practic, be made available to a party at the same reviewed in 19M Consequently. Many ad.
the Commission has found that good time and location as It is made available of the forms previously used have faen cause exists for omitting notice of totheNRCstaff.Ifatranscriptismailed intodsuseovebeenfoundtobeof rt proposed rulemaking, and public to the staff it will also be mailed to the negligible value to the Office. Similaly procedure thereon, as unnecessary, and requesting party. A presiding officer has a number of new forms have been Mr for making the amendments effective the discretion to control the distibution adopted to accommodate new statutory immediately without the customary so of transcripts to parties.
requirements and supervisory needs.
days notice.
Pusanote Atomi Enr I of (Sec. 161p., Pub. L 83-703, as amended, 88 DRAFTING IFORMATION: The principal Pursuant to the Atomic Energy Actte ofti ocmn a Jnta 1954, as amended,
~~Stat,948p., as amended (42 U.S.C. 2201p.))
rfe fti ouetwsJnta 1954, as amended, the Energy theEnegyDatid at Washington. D.C. Ibis 1st day of Levin, Senior Attorney, Office of the Reorganization Act of 1974. as amended.
and sections 552 and 553 of Title 5 of the F th0 Coptole of the Curency United States Code, the following 12 U.S.C. 11eo seq.; 2 U.S.C. Oft 5 US.
amendments to Title 10, Chapter 1. Code Samuel )- Chllk-5 of Federal Regulations, Part 2 is Sectay of the Commission Adoption of Amendment published as a document subject to P O 12 CFR 4.13 is amended to read as codification.
0foows:
PART 2-RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS DOMETICUCESINGPROEEDNGS DEPARTMENT OF THE TREASURY (a) Numbered Forms. The following
- 1. Section 2.706(d) is amended to read:
numbered forms of the Office of the Offie ofthe omprollr oftheComptroller of the Currency we I2.708 Formal requirements for
.Curency currently in use:
documents.
.12 CFR Part 4 CC 1400-OX Officers Direct and Indrect (d) Except as otherwise provided byandor other Banks (d) xcet a oterwse rovied y
[ockt N. 9-41CC 1422-OX National Bank Examines Semil this part or by order, a pleading (or
[CC uz4-OX: Assets to be Chafued Ofby other document) other than National Bank Exainer correspondence shall be filed in an P
n F
CC 142&4C7 Combined Reports of original and two conformed copies.
IbflonC Examine
- 2. Section 2.712 is amended by adding a new paragraph (f) as follows:
AENCV Office of t C
tl o
Guidance in Determining Complance J 2.712 Service of papers, methods, proof.
Cx om
- ACTION:
Final rule.
CC 1425.-OX: Report of Examinartion CC 1426-OX: Confidential Memorandum to (f) Free copying and service. Except in SUMMARr. This amendment revises 12 the Comptroller of the Currency an antitrust proceeding, in any CFR 4.13, the regulation which identifi CC 1427-OX Voluntary Charge-Offs of adjudicatory proceeding on an all forms used by the Office of the Instalment Loans application for a license or an Comptroller of the Currenc (Oce".
CC 1428-OX: Report of Visitation amendment thereto. the Commission.
The purpose of the amendment i to CC 1430-Report of Examinatim upon request by a party other than the Consumer Affair applicant. will copy and serve without deeo a dto m
tn ree CC Deprt o
cost to that party that party's testimony (including attachments), proposed Emon eport findings of fact and conclusions of law, EFFECTIVE DATE I
. C x
iogr and responses to discovery requests.
F FURThER WFORMATION flAC?
CC 1457-OX: Report of National Bank These documents should be filed with Jonathan L Levin Senior Attorney, Exar for Week Ending
- Docketing and Service not less than five Office of the Comptroller of the CC 1485-OX: Investment Sheet (Trust days before they are due to be Currency, 490 LtEnfant Plaza East &W, Department) submitted to an adjudicatory board.
Washington. D.C. 2021% Telephone CC 1800-AX. Examiners credit Line sheet unless the presiding officer provides (202) 447.1177.
CC 1-OX personal. Farm or Ranch otherwise.t UPPtEMEMTARY EFORMATO This Statement CC 1602-AX: Fiscal Interior Statement
- 8. Section 2.750 is amended by adding amendment conforms t ia" CC 1602-OX Financial Statament-Bu a new paragraph (c) as followr.
of U.S.C. 552 that each agency publish CC 103-OX Fiscal Interim S 2.750 Official reporter, ;arMXrp.
in the Federal Register descriptions of cc 1604-OX. Ral Estate Mortgage
- agency forms and instructions which are CC 1605-OX: Consumer Finance indirect Line available to, and may be obtained by CC 1806-OX: Consumer Finance-Past Due (c) Free transcript: Except in an the public. The amendment rev"ses antitrust proceeding, in any adjudicatory those portions of 12 CFi 4.13 wich b CC 187-OX: File Comments. Trade proceeding on an application for a the numbered and unnumbered form Checking. Credit Investigations. Average
'm~ ~ e
~currently used by the Office. Almo th Balances, etc.
"I 21is less b amendment provides more specific CC 1608-OX: Bonds-Description fim uly 25. 1980 unless extended t CC 1609-OX: Collateral Sheet Commission. Notice of an extension will appear in iormation for obtaining copies of CC 1610-OX: Direct Lease Financing tpidne Federal Roter.
Office forms.
CC 1611-OX: Collateral Line Slip