ML17138A608

Daily Transcript of Hearings Will Be Loaned to Intervenors Whenever Possible,As Aid in Preparation of Case

ML17138A608
Person / Time
Site:	Susquehanna
Issue date:	04/10/1979
From:	Cutchin J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Bechhoefer C, Bright G, Paris O Atomic Safety and Licensing Board Panel
References
NUDOCS 7905240081
Download: ML17138A608 (4)

Text

Dr. Oscar H. Paris Atomic Safety and Licensing Board U.S. Nuclear Regulatory Cormission Washington, D.C.

20555 Additionally, with regard.to the understanding reached at the prehearing conference involving the availability to the intervenors of the Staff's second copy of the transcript, one limiting fact concerning this arrange-ment should be clarifi'ed.) As we advised the Boar d at the conference, it has been the practice of the Staff to make available to intervenors the Staff's second copy of the hearing transcript whenever such is possible, and in the present hearing the Staff spill, as it has indicated, follow V905240b '8 /

Charles Bechhoefer, Esq.',

Chairman Mr. Glenn 0. Bright Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comnission U.S. Nuclear Regulatory Cotanission Washington, D.C.

20555 Washington, D.C.

20555 DISTRIBUTION Reg Cen:

LPDR

. Shapar/Engelhardt Christenbury/Scinto Reis Cutchin In the Matter of Pennsylvania Power and Light Co.

Allegheny Electric Cooperative, Inc.

(Susquehanna Steam Electric Station. Units 1 and 2)

S.Bagwa W.Regan Docket Nos. 50-387, 50-388 H.Smith D.VassalloGentle en:

In the Special Prehearing Conference Order dated March',

1979 (at page 83),

this Board requested that the Staff make the necessary arrangements for intervenors to use on a temporary basis-@way from the local public document room (LPDR)--the copy of the hearing transcript normally placed ther e for use by the public.

In response Ito this request, counsel for the NRC Staff discussed this matter with Ms. Souder, Chief of the LPDR Branch in Bethesda.

In that discussion.

Ms. Souder advised that the copy of the transcript which is sent to the LPDR is not a "fast copy," as it once was, but a reproduced copy (as allowed under the contract with the reporter).

Ms. Souder further advised that the reproduced copy normally does not arrive in the LPDR until about two weeks after the "original" from which it is to be made is received by the NRC, and that little can be done to significantly shorten that process.

rBecause of the obvious impact these newly developed facts present+jto full compliance by the Staff with the Board's

request, we felt it necessary to promptly notify the

'oard of this development.

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that practice.

However, the "whenever possible" limitation of this offer should be, we believe, clearly understood by all parties prior to'he commencement of the hea'ring in this matter.

As the Board is aware, the only legal justification for the Staff's purchase of a second copy of the hearing transcript is the fact that past practice has demonstrated that a second copy of the transcript is necessary for the proper prepara-tion and presentation of the Staff's case.

both during the hearing and afterwards, and absent this proven need, the Staff could not properly expend the substantial funds required to purchase the second copy.

Thus, when we speak of a second copy of the transcript, we are not referring to ap extra copy of the transcript for which the Staff. has no need or anticipated

use, but trather a copy tthat will be required for use by the Staff at various times throughout the proceeding.

The present case is.

of course, no exception; because of the nature of this proceeding there will be frequent occasions when Staff attorneys and witnesses will need-to utilize both copies of the daily transcript, thus eliminating the possibility of loaning the second copy of.the transcript toj the inter-venors.

However, because we recognize

)he Board's, desire, as well as our own, to assist the intervenors to the full extent legally permissible, every effort will be made to limit such occasions to a minimum.

llhen such a need arises, the Staff will promptly bring this matter to the attention of the Board in order thatssome other arrangement satisfactory to the Board can be followed.

dd Finally, while we believe it is clear from the Board's orderCwe~would again emphasize that under the Comnissioq's current policy regarding the providing of financial assistance to intervenors, the second copy of the hearing transcript can only be loaned to the intervenors not given.

Therefore, we would appreciate the Board emphasizing this furthe,r limi-tation to the intervenors in order that we may insure the return of the loaned copies at the conclusion of this proceeding.

I'incerely, James N. Cutchin.

IV)

Counsel for NRC Staff cc:

Jay Silberg.

Esq.

Dr. Judith H. Johnsrud Nr. Thomas l1. Gerusky

/is. Colleen Harsh

'Mrs. Irene Lemanowicz Susquehanna Environmental Advocates Atomic Safety and Licens'ing Board Panel ovlwAMCW oml c a

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