ML18031A338

From kanterella
Jump to navigation Jump to search
Responds to 791102 Memo Re SD Mills Concerning Public Input Into Licensing Proceeding & Free Distribution of Publications.Forwards ASLB Order on Discovery & 790806 Fr Notice on Document Distribution.W/O Encl
ML18031A338
Person / Time
Site: Susquehanna  Talen Energy icon.png
Issue date: 11/29/1979
From: Gossick L
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Schweiker R
SENATE
Shared Package
ML17138B024 List:
References
NUDOCS 8001140415
Download: ML18031A338 (6)


Text

gPS RED (4

~o

~c C

e I

o0 I

+~

~O

+ab*++

Docket Nos. 50-387 50-388 UNITEDSTATES NUCLEAR REGULATORY COMMlSSION WASHINGTON, D. C. 20555 NOY 29 1979 y, g%',KH fly l>>I The Honorable Richard S. Schweiker II~IQI.Q~>>'nited States Senate Washington, D.C.

20510 Dear Senator Schweiker:

By memorandum dated November 2, 1979 you asked for our findings and views on the concerns expressed in a letter to you 'of October 25, 1979 from Susan D.

Mills.

Your constituent's letter expresses her concern over NRC practices which she states:

(1) will limit public input into the licensing proceeding involving Pennsylvania Power and Light Company,'s proposed nuclear powered steam electric station in Berwick by asking those involved in the proceedings the basis of their concerns with the licensing of this facility, and (2) will limit free distribution of NRC publications to intervenors in that proceeding.

We have previously set out our position to you on these matters in a letter to you of November 13, 1979, dealing with like concerns of your constituents, Robert P.

and Vita M. Shively.

As we pointed out in that reply, the requests for information from those taking part in the Susquehanna proceeding were made under the discovery rules of the Commission (10 CFR 2.740).

This information is needed to

. prevent surprise at the hearings, and so that the concerns of the inter-venors can be ascertained and examined to determine their validity.

The propounding of the questions does not require that the intervenors engage in any research to answer the questions.

If they do not know the answer to a

question, they can simply state so.

However, to the extent that they have information which has a bearing on whether the Susquehanna facility should be licensed they should supply that information so that their allegations can be seriously considered.

These intervenors have had over five months to answer the interrogatories, and they have been recently granted many more months to answer them.

To help you better understand this. matter we are enclosing the latest NRC Atomic Safety and Licensing Board order on dis-covery in the Susquehanna proceeding.

Some confusion does seem to have arisen in connection with recent actions taken by the NRC to make NRC documents more readily available to the public.

Therefore, we are addressing Ms. Mills'econd complaint in more detail in this reply than that matter was addressed in our earlier replies.

Qadi (/ Po P ( l5 m/rI

The Honorable Richard S. Schweiker First, due to persistent complaints about the timeliness, availability and high costs of NRC formal reports that are sold through the U.S. Department of Commerce, National Technical Information Service, a direct sales program was initiated under an agreement with the U.S.

Government Printing Office.

Because of this initiative, NRC is now able, through the GPO Deposit Account program, to make NUREG-series reports immediately available for sale to the

~ublic at prices 505 less than the NTIS prices.

The publications are also available at the NRC two to six weeks earlier than they are'at NTIS.

This is a significant improvement in service to the public.

The reports being handled by this program have always been sold to those who presently must buy them.

Notice of this program was published in the Federal Register on August 6, 1979.

A copy of that notice is enclosed.

Second, the Commission decided to conduct a Trial Program to make all NUREG-

'series reports that are announced in the Federal Register even more readily available to those persons or organizations that are direct participants in our licensing proceedings.

Anyone who identifies himself as a direct parti-cipant (including public interest groups) may obtain free, upon written

request, a copy of any report announced in the Federal Register as available rree under this Trial Program.

Once again, the program was established to improve public availability of formal NRC reports.

The reason'or a "trial" was to determine cost impacts.

This Trial Program was discussed in our earlier replies and a copy of the NRC internal announcement of the program was enclosed with those replies.

A copy also is enclosed with this reply.

Third, the NRC maintains "service" lists for all ongoing licensing pro-ceedings.

These lists contain the names of those persons who are partici-pants in the proceedings.

The lists are used to distribute free copies of NRC issued information relevant to the proceeding.

It has also been NRC practice to expand these lists to include anyone who had expressed any interest in the proceeding for the purpose of sending them free copies of Commission and Hearing Board notices of hearings and the final initial decisions.

In addition, a practice has developed over the years of pro-viding free copies of all Commission and Hearing Board issuances to a number of local attorneys, news services, industry representatives, and others.

In'eptember, the NRC contacted these recipients and asked their views on the need to continue this service.

A copy of the letter that was sent is enclosed.

Comments received on this proposal are being evaluated.

The proposal will,

however, in no way affect the ability of participants, in proceedings and the public to obtain full and free information concerning NRC decisions.
Fourth, an extremely large demand has been experienced for one type of publication called Regulatory Guides.

These Guides are issued to provide technical qnd administrative guidance to licensees.

It became impossible to meet the requirements of the Joint Committee on Printing Rules and Regulations and yet continue to provide the Guides free.

In addition, the demand from industry had grown so substantial that the Commission would have had to add two staff members to simply handle the requests.

Therefore, we included the

The Honorable Richard S. Schweiker Regulatory Guides in our NRC/GPO sales program.

However, draft Regulatory Guides are still available free and the final resolutions are also provided free to anyone who comments on the draft.

Finally, published versions that pertain to nuclear power reactors are placed in our 150 public document rooms, in U.S. depository libraries and are available for sale for $26.00.

The price covers more than 3,800 pages and any additional issues that are published during a year.

This program in no way precludes anyone with an active interest in Guide information from acquiring such information. It

does, however, preclude random dissemination.

A copy of the notice of the sales policy for regulatory guides that appeared in the Federal Register on September 7,

1979 is enclosed.

Fifth, the NRC adopted an expanded Board Notification program in 197S.

Under this program, any report, publication, or othe~ document that has a

relevant impact on a licensing case that is under adjudication is auto-matically made available free to all the participants in the affected pro-ceedings.

This was done to assure that all per tinent information was read-ily available to all participants.

Finally, the NRC has adopted a policy of mailing copies of any proposed or adopted changes in Regulations to any affected party or interest group.

The NRC maintains a special mailing list of "interest" groups that lists more than 225 different organizations.

Any interest group that wishes to be on this list may simply write to the Director, Divi'sion of Technical Information and Document Control, Washington, D.C. 20555.

We hope that this explanation helps resolve the misunderstanding that the NRC is in any way inhibiting public access to information.

In fact, ways to make NRC information more readily available through more effective mechanisms are actively sought.

Sincerely,

Enclosures:

See page 4

MTGINAL8IP MFQ BY P. G. SM]TH Lee V. Gossick Executive Director for Operations

ll

The Honorable Richard

Enclosures:

1.'ederal Register notice dtd 8/6/79 2.

NRC Announcement No. 93 dtd 8/24/79 3.

Ltr asking views of need for service of Comm.

and Hearing Board issuances dtd 9/19/79 4.

Federal Register notice of sales policy for regulatory guides dtd 9/7/79 5.

Atomic Safety 5 Licensing Board Order LBP-79-31 dtd 10/30/79 DISTRIBUTION

'. Cutchin C.Woodhead S.Niner O.Parr P.Leech M.Reqan H.Shapar T.Engelhardt E.Christenbury E.Reis J.Cook S ECY 79-3030 (3)

G.Ertter-07775 OCA 3

EDO 3

Docket Files 50-387 50-388 ELD FF (2)

Ch-on (2)

Courtesy Copy PDR LPDR orrIoa>

NIWANEK PATS~

P)gg i' OELD JCutchin/dRw 11/a/79

~ ~ ~ ~ ~

OELD

~ 0 ~ ~ ~ ~ ~ ~ ~ ~ 0 ~ 0 ~

ERei s 11/

/79 OELD'

~j ~ ~ ~ ~ ~ ~ o ~ ~

~ 'r ~ e ~ ~ ~ ~ ~ ~ ~

EChri stenbur

~ ~ ~ ~ 0 ~ ~ 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 1 ~ ~ ~

~

II4kL?9........

OELD

~ ~ 0 ~ ~

TEnge1hardt 11/P/79 l1/

(79 OCA 11/

/79 BRC POSE 510 (976)

NRCRC 0140

  • M~ 00VMNllCNTtNINCIII~ Ol IICEI I@1 ~

WO ~

r0 ~

Oj J,

I