ML17138A991

Responds to ASLB 791030 Memorandum & Order on Discovery Motions Requesting Permission to Borrow Documents from Pdr. Necessary Actions Would Not Be Appropriate.Other Steps Have Been Taken to Make Info Available to Intervenors

ML17138A991
Person / Time
Site:	Susquehanna
Issue date:	12/05/1979
From:	Reis E NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Bechhoefer C, Bright G, Paris O Atomic Safety and Licensing Board Panel
References
NUDOCS 7912180201
Download: ML17138A991 (4)

Text

December 5, 1979 Mr. Glenn 0. Bright Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission llashington, D.C.

20555 In the Matter of Pennsylvania Power and )ight Co.

Allegheny Electric Cooperative, Inc.

(Susquehanna Steam Electric Station, Units 1 and 2)

Docket Nos.

50-387 50-388 Charles Bechhoefer, Esq.,

Chairman Atomic Safety and Licensing Board U.S. Nuclear.Regulatory Comlsslogn l4ashington, D:C.

20555 DISTR IBUTION Dr. Oscar II. Paris Atomic Safety and Licensipg Board Shapar/Enoelhardt/

U.S. Nuclear Regulatory Comnission Christenbury Washington, D.C.

20555 FF (2)

Reis Cutchin 14oodhead S.Miner O.Parr S.Bajwa kl.Regan H.Smith(-'l44 In your Memorandum and(Order on Discover Motions II) of October 30, 1979, you urged the Staff to arrange for transcripts and other documents at the local public document room to be taken out on a short-term basis.

lie are sorry for our delay in replying to your request; however. it took time to look into and coasider this matter.

After this review, we do not feel that it would be appropriate to take the steps you urge for three reasons.

First, document rooms (~ere set up to serve the public generally and not just intervenors in pending proceedings.

Allowing documents to be removed;,would mean that they would not be available to the general public.

Second, the lending of documents will potentially lead to-their loss.

Many items have disappeared from local public document rooms in the past, even without loan arrangements.

Most important, however, is the we11-grounded fear that asking the facilities where these local. public document rooms are established to set up a loan system would lead to a discontinuance of many of such facilities.

The local public document rooms are housed in local buildings on a vo'1'mentary basis.

The NRC does not pay for the space for these facilitiesbut it is provided as a civic service.

Often problems and great resistance is encountered in getting suitable space for these facilities.

To generally request those who voluntarily supply the space to 'also provide check-out services would likely'e counter-productive and lead to the closing of many of these facilities.

This of course would make the documents not locally available at all.

Therefore, after considering your request OrflCQ OUNNARIIIW ISA%II~

e can provid for "take-ou

" services at local public ocument room

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I We have,

however, taken other steps to make available transcripts and other documents to intervenors.

As set out in our fetters of October 5 and 15 and November 15 and 26, 1979 to Dr. Johnsrud, the Staff has undertaken to make available transcripts and other documents to ECNP in this proceeding.

Such action on the part of the Staff depends of course on the reasonableness of the request and the availability of such documents for distribution. If the system is not abused, it Iis hoped that this together with.the use of documents in local public document rooms and Federal-document repositories, such as the one at State College, Pennsylvania, will provide access for information so that intervenors can intelligently and constructively participate in the subject proceeding.

Sincerely, Edwin J.

Peis

,Assistant Chief Hearing Counsel cc:

Jay Silberg, Esq.

Dr. Judith-H. Johnsrud Mr. Thomas M. Gerqsky Ms. Colleen Marsh Mrs. Irene Lemanowicz

'usquehanna Environmental Advocates Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Appeal Board Docketing and Service Section OELD EJReV's/dkw""

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