ML18030A144
| ML18030A144 | |
| Person / Time | |
|---|---|
| Site: | Susquehanna  |
| Issue date: | 09/09/1980 |
| From: | Cutchin J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8009110016 | |
| Download: ML18030A144 (5) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
PENNSYLVANIA POWER AND LIGHT CO.
)
ALLEGHENY ELECTRIC COOPERATIVE, INC.
(Susquehanna Steam Electric Station,
)
Units 1 and 2)
)
r Docket Nos. 50-387 50-388 NRC STAFF'S ANSWER TO INTERVENOR ECNP'S RE VEST FOR FREE COPIES OF TRANSCRIPTS Introduction On August 22,
Citing the Federal Register notice of the amendment to 10 C.F.R. 2.750 of the Commission's regulations that became effective on July 25, 1980,.ECNP requests that it be provided "with a copy of 1/
the transcript of all prehearing conferences held to date in this proceeding and with copies of each day's transcripts in the evidentiary hearings in this
- case, whenever those hearings take place."
DiScuSSion The addition to 10 C.F.R. 2.750 on which ECNP bases its request is very specific and limited in its applicability. It applies only in adjudicatory 1/
45 Fed.
Rece.
49535-49537.
"~lie d9g QS<f 9 49/
proceedings (other than antitrust proceedings) on applications for 'licenses or license amendments.
This proceeding involves an application for operating 2/
- licenses, and thus the new rule applies.
The new rule became effective on July 25, 1980, and unless its effectiveness is extended by the Commission,
>t will remain in effect for only one year.
The rule does not authorize 3/
provision of free transcripts other. than as specified in':the rule.
The rule does not apply 'retroactively.
Accordingly, the rule does not empower the Board to provide free transcripts of those sessions of the proceeding that occurred prior to the effective date of the rule.
- Moreover, even in those proceedings to which the rule applies, the Licensing Board has "discretion to control the distribution of transcipts to parties-for example, to limit distribution to some but not all of a consolidated group of intervenors, or to only those phases of a hearing in which an intervenor intends to participate."-
. No. prehearing (or hearing) sessions 2/
Footnote 1 was inadvertently not shown in the Federal Register notice of July 25, 1980 to be applicable to the addition to 10 C.F.R. 2.750.
A correction appeared at 45 Fed.
Re<e.
54725.on August 18, 1980.
4/
In a Memorandum and Order dated, August 15, 1980, the Commission extended the rule to include the TMI-1 proceeding.
+5 45 Fed.
Race.
49536.
of this proceeding are currently scheduled.
None appear likely to be scheduled for several months.
Thus, there is no urgency for a Board ruling on who among the intervenors will or will not receive free copies of the transcripts of all future sessions of the proceeding.
The ruling presently could be limited to transcripts of future prehearing conferences.
With respect to transcripts of hearing sessions, a ruling could be held in abeyance pending Board decisions on consolidation of parties.
However, the Staff.
certainly has no objection to provision of free copies of transcripts to ECNP (or any other intervenor) in conformity with the new rule.
Conclusion For the reasons stated
- above, ECNP's request for transcripts of all prehearing conferences held to date and prior to July 25, 1980 must be denied;
- however, the Staff does not oppose ECNP's request for transcripts of future sessions of the proceeding.
Respectfully submitted, James M. Cutchin, IV Counsel for NRC Staff Dated in Bethesda,
- Maryland, this 9th day of September, 1980
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of PENNSYLVANIA POWER AND LIGHT CO.
ALLEGHENY ELECTRIC COOPERATIVE, INC.
'Susquehanna Steam Electric Station, Units 1 and 2)
Docket Nos.
50-387 50-388 CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S ANSWER TO INTERVENOR ECNP'S RE/VEST FOR FREE COPIES OF TRANSCRIPTS," dated September 9, 1980, in the above-captioned proceeding, have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk through deposit in the Nuclear Regulatory Commission's internal mail system, this 9th day of September, 1980:
- Charles Bechhoefer, Esq.,
Chairman Atomic Safety 8 Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Mr. Glenn 0. Bright, Member Atomic Safety 5 Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Dr. Oscar H. Paris, Member Atomic Safety 5 Licensing Board U.S. Nuclear Regulatory Commission
'ashington, D.C.
20555 Jay Silberg, Esq.
Shaw, Pittman, Potts and Trowbridge 1800 M Street, N.W.
Washington, D.C.
20036 Bryan A. Snapp, Esq.
Pennsylvania Power 8 Light Company Two North Ninth Street Allentown, Pennsylvania 18101 Dr. Judith H. Johnsrud Co-Director Environmental Coalition on Nuclear Power 433 Orlando Avenue State College, Pennsylvania 16801 Mr. Thomas M. Gerusky, Director Bureau of Radiation Protection Department of Environmental Resources Commonwealth of Pennsylvania P. 0.
Box 2063 Harrisburg, Pennsylvania 17120 Ms. Colleen Marsh Box 538A, RD¹4 Mountain Top, Pennsylvania 17120 Mrs. Irene Lemanowicz, Chairperson The Citizens Against Nuclear Dangers P. 0.
Box 377 RD¹l Berwick, Pennsylvania 18503
- Richard S. Salzman, Esq.,
Chairman Atomic Safety 5 Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Dr. John H. Buck, Member Atomic Safety
& Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555
%r.
Thomas S. Moore, Member Atomic Safety 5 Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 "Atomic Safety 8 Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555
+Atomic Safety 5 Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 "Secretary U.S. Nuclear Regulatory Commission ATTN:
Chief, Docketing 8 Service Branch Washington, D.C.
20555 Susquehanna Environmental Advocates c/o Gerald Schultz, Esq.
500 South River Street Wilkes-Barre, Pennsylvania 18702 Mr. Robert M. Gallo Resident Inspector P. 0.
Box 52 Shickshinny, Pennsylvania 18655 Karin W. Carter, Esq.
Department of Environmental Resources 505 Executive House P. 0.
Box 2357 Harrisburg, Pennsylvania 17120 James M. Cutchin, IV Counsel for NRC Staff