ML18082A861
| ML18082A861 | |
| Person / Time | |
|---|---|
| Site: | Salem  |
| Issue date: | 08/11/1980 |
| From: | Johari Moore NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Webb R AFFILIATION NOT ASSIGNED |
| References | |
| ISSUANCES-OLA, NUDOCS 8008130376 | |
| Download: ML18082A861 (5) | |
Text
NRC Central OELD FF (2)
Shapar/Engelhardt Christenbury/Scinto Olmstead/Karman JEMoore/chron (2)
WOP a ton BRoss, 316 Phil.
Dr. Richard E. Webb 2858 111 Street Toledo, Ohio 43611 August 11, 1980 In the Matter of PUBLIC SERVICE ELECTRIC & GAS COMPANY (Salem Nuclear Generating Station, Unit No. l)
Docket No. 50-272
- Proposed Issuance of Amendment to Facility Operating License No. DPR-70
Dear Dr. Webb:
This is in response to your postcard dated May 16, 1980.
I am unable to provide you with a free copy of the Salem transcript dated April 30, 1980.
It is Commission policy to provide free transcripts only to those people who are parties to a proceeding. Attached is a copy of the Commission's rule which embodies this policy. Copies may be obtained for a fee from the Public Document Room, 1717 H Street, N.~l., Washington, D. C.
20555.
You should be aware that there may be a number of corrections made to these transcripts.
For this reason you might wish to delay your request for a copy to the Public Document Room for several weeks.
Enclosure As stated cc w/encl.:. See Salem Service List OFFICE.-g~c?7e" =* as"b... ~~;~man '
Sincerely, Janice E. Moore Counsel for NRC Staff
. SURNAME *8/[V*80**....... *f3/!( /80"....
DATE~ *........*.......... *....... ~ *...... '.. *..............................*..... -.....*.....................*......
NRC FORM-318 (9-76) NRCM 0240
. *u.s: GOVERNMENT PRINTING OFFICE: E:*,289-369-*
~*
Dr. Richard E. Webb 2858 111 Street Toledo, Ohio 43611
. -. --.. ~..,.. ;._.. *. ~. -*-* : '***
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 August 11, 1980 In the Matter of
- .'.-~... ~ -. -. *-~.........
PUBLIC SERVICE ELECTRIC & GAS COMPANY (Salem Nuclear Generating Station, Unit No. 1)
Dock~t No. 50-272
Dear Dr. Webb:
Proposed Issuance of Amendment to Facility Operating License No. DPR-70 This is in response to your postcard dated May 16, 1980.
I am unable to provide you with a free copy of the Salem transcript dated April 30, 1980.
It is Commission policy to provide free transcripts only to those people who are parties to a proceeding. Attached is a copy of the Commission's rule which embodies this policy. Copies may be obtained for a fee from the Public Document Room, 1717 H Street, N.W., Washington, D. C.
20555.
You should be aware that there may be a number of corrections made to these.
transcripts.
For this reason you might wish to delay your request for a copy to the Public Document Room for several weeks.
Enclosure As stated cc w/encl.:
See Salem Service List Sincerely, U
GUUlffie_r 1~
Janice E. Moore Counsel for NRC Staff
)**
action is taken as a result of an * * *
- administrative decision.
..,. * :. *- :*~** :
- EffEcTin DATE: Joly Z5, 1iBJ. ;.:, **i.* -: >";:
FOR FURTHER INFORMATION CONTACT:...
Carl 0. Opsted, Ferm Real Estate Loan Division, Farmers Home Administration, USDA. 14th and Independence Avenue, SW. Washington, DC 20250, Telephone:
(Z02) 447...... 572.
The Final Impact Statement describing the options considered in developing this final rule and the impact of implementing each option is available on request from the Office of the Chief.
Directives Management.Branch, Farmers Home Administration, Room 8346 South Agricolture Building, 14th and Independence Avenue, SW.
Washington, DC 20250.
SUPPLEMENTARY INFORMATloN: This final action has been reviewed under USDA procedures established in Secretary's Memorandum 1955 to implement Executive Order 12044, and has been classified "not significant"'.
This action will save time and reduce paperwork. H the exhibit were to stay in the Federal Register, each time the interest rate changed it would be necessary to bring this exhibit up-to-date. Removing this exhibit and making it available in any FmHA office is the most.prompt way to provide information on interest rate changes.
The Farmers Home Administration amends the Table of Content& and section 1951.25{a)(2} anCI deletes Exht"bit A from Subpart A. part 1951, Chapter XVIII, Title 7 in the Code of Federal Regulations.
It is the policy of this Department that rules relating to public property, loans,
- grants, benefits, *or contracts shall be p:ublished for comment notwithstanding the exemption in 5 U.S.C. 553 witli
- respect to such rules. Thia action.
however, is not published for propo18f rulemaking since the purpose of the change is administrative in nature and*
publication for comment ii WllleceBll81')'.
Therefore. the Table of Contents and I ~951.25(a}(2) are amended and Exhibit A is del_eted as followa:
Table of Contents Exhibit A-{Availa.ble ill uy FmHA Olfice)
§ 1951.25 Re\\'few of Umfted Reaowces FO and OL loan&.
(a) Frequency of reriews.
(1) ***
(2} The interest rate on FO l.oana will be increased in accordance with the Schedule in Exhibit A of this Subpart (available in any FmHA office.) The loans will then be reviewed at leaat once every two yean, approximately 80 days prior &othe amllVera&IJ dateoftbe ' ~recfucecoat burdeDa far~es la,:: *}ri.t. *- :.. *..
n.'?te_*
..,**.*. ** /~.:.-_~"".-*'.~-.*.' ~-;. *:*_,_--: v: ! !.~ ;"'{::~;;.*-.
~!!.°.? adj~~C:tory Jicenain& --. "".:*'.1 * !..
- "-!**L1"**:'1!.-:-':.*,..... ~,, -~.,. proce.,uu1611 OD ~caliona for Jk:;eptel. *
- ~
- _: *. *~::; ~~.:Ci~;.":: ~..::,*..',:.:. and amendrneDta tbel8to. SeveNl * * <:'t.~_.
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- IEllhlbltA ~
.. :.*, -:.,. : * *, __,_. *.- pro-...la were considered in Ille.:.;~;~;- ~f __ : ~...._
Note.-This document baa been re1liewed
~
In accordance with., CFR Part 1901. SUbpatl context of the 8-3rulemaking Oil ~
.. :*:~t;-'
G, "F.nvironmental Impact Statements.* It la uranium fuel cycle. See f2 FR t380S
~-. ::-~.--
the determination of PmHA that the propoled (March U. 1977). 43 FR 89!5 (April K
' ~ *
- action 4oet not comtifute a major Federal 19'18), end 44 FR ~
(August ~ ~
action 1ignificant1y affecting the quality af From that proceeding the Commission_
~
human environment and in.a:ordance wfth hoped to gain specific experience with.
the National F.oviroumental_PolicJ A.ct of providing free aervice of.documents and 1969, Pub. L.11-190. an EDVU'ODIDeJltal Impact free transcripts and ta uae the Statement ia not ~uired..
experience to develop ~policy (7 U.S.C. 1989 delegation al Hlhority 1'.J the with respect to m:ljudicatmy..
Se~ o~ ~
JieCFR %.2.3 de~_!i~:-'..
proceedinp.
au 0 ty y Aut.Sec.auramnu.....
Development. 'I CIR VO.)
Eligibmty for NRC Procedunil Dated: June Z6. 1980. **
- Alllliatam:e Gordon C.vanausb, Adminiatrator, Farmers Bame Adminislrat.ion.
One alternative with respect ID procedural auiatance is to provide tt lo full participants, i.e., parties. who submit an affidavit to the Hearing Board
'* 1tating, with brief factual support. llaat
~===========~ their ability to participate would be NUCLEAR REGULATORY COMMISSION 10CFRPart2 Procedural Assistance In AdJudlcatory
. Licensing Proceedings AGENCY: US. Nuclear 'Regulatar.J Commission (NRC).
ACTION: Effectiw rule.
SUMMARY
- NRC is amending ill regulations in order to provide
- one-year pilot program of procedural aBBistance in_ adjudicatory proceedfnp on applications for licenaet and amendments thereto. except for antitrut proceedings, to partiea other dum the applicant by (a) upon* party'* request..
providing oae transcript wttboat chmze to that party and (b) upon a party'*
request, copying and eerving wtthoet charge that party'* testimony fmcluding attachments). proposed findings of fact and conclusions of law, end reaponaea to diacoverey requests. In addition. the regulations are amended to require that parties, including an appllcant. file with
. NRC an original plus two copies of each filing iD an adjudication. rather than an original and twenty copies.
EFFECTIVE DATE: July 25, 1111>.
FOR FURTHER INFORMATION CONTACT:
Thomas F. Dorian. Esq. Office of the Executive Legal Director, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555 (Telephone: (301}-192-8690).
"SUPPLEMENTARY INFORllATION: In order to help parties amt the ('.ommi.asion in
- arriving at its decisions. the Commission on several occaaiom over the put several Jean has conaidered propoaala eignificantly impaired without lhi11 assistance. Under this alternative the
- Commission would have had to provide the Boards and parties with eome guidance u to who would ordinarily -.
qualify for assistance under this
- 1tandard. However, offering procedural a11Bistance to all iDtervenorB without qualification might offer enough aavings, from not having to decide who waa qualified ta receive aSsiatance. to be worth the extra expense of nsisting a few additional intervenora. On the other band. it is incongruoua to charge an applicant from $50,CXX> to $1 million for processing an application. and then to offer it a free tranacript. worth on the order of SUD>.
On balance. the Commission bas decided that the better alternative is to provide procedural assistance to all parties other thu an applicant in adjudicatory proceedings on applications for licenses and
- amendments thereto.
NRC Provision al Fnie Tramcdpbl
. Transcripts are 1lllU8lly expenaWe.
especially when fast copy is requestecL A typical tranacript for one day of
- proceeding rum about 200 pages. The origilial of such a tranBcript. provided
...,the next moming. costs about S1JJOO;
!supplementary copies cost about S100.
In the ~
proceeding. transcripts were requested by most public interest groups, industry representatives and utilities. The principal coocluaion that can be drawn from that pnx:eeding ii almost sell-evident. namely, that NRC's offer to provide an expensive aervice (transcripts) ii attractive to moat parties.
These partiea, in turn, can better auiat
~
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49536 the Commission rn aniYin&' at t*;,;..* _;*~~- ~-~ Commts*m.a. "Conee~W-biieii:..,...:;.,.tj i_-:_, --~of rree ~yln8 and ~ce.
declsiomi; ::: *****.."'°.......,; i.;.;.~'*":-~\\~~;~,:-*. '. expressed that free aervice would. *,*~ **.* Copying and 8e1Yice bave.beeil "'-~"-' **='
.
- There it no reason why free' ;.*.*!-->o:.:: "*;:: encourage abuses in the* form of *.. \\. * * -requested by. intervenon In* munber of transcripts could not be made available. overlong. unedited or unnece~ ~;... Instances and the. velue of the... **. *.
In adjudications to*parties, other than.
- filings. In general, for those who..
- ~.. *assistance, both to intervenor. and the lhe applicant, et the same time and * * ** *. * -ultimately requested cOpying ~d
- -~-"~* ** *. *quality of Commission decision.making.
location Bii they are made available to -
- aervice, 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 obtaitt information 911 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 partf's requesL may present. as well as answer whether staff or the Licensing Board frequently This experience liuggests that a NRC copying and service of testimony is lend an intervenor an extra copy of the
- .program of free NRC copying and an incelitive to timely filins. *
~anscript. al~ougb on.~ neces~y service is. not likely to ~ abused. The m11-or 20 Copies with lhe Commission irregular basis. Transcnpts are
- ~-:..: *
- Commission does not*wisb to assume
.. ":"'"'6.
- particularly important to the many *.. :
this responsitiility for all classet1 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.
1ubstantial delay. It bas, 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
'doeuments which are bulky, but do not each party and on members of the program to provide free transcript. on arise frequently. Their service by the.. bearing panel in question. The 20 copies the basis previously described.
Commission would thus relieve partie1
- . med with Docketing and Service are tor Llcensing ~i:ds will have the.
of a substantial burden without* *.,......
the Commission's convenience for discretionto~trOt 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 Z0 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 Provisi f F Co ying and documents need not be as rapid 811 Items distributes some copies upon receipt;
- Se.
on ° ree P
auch as briefs or motions. A rough look
- making additional copies creates a time rvu:e at filings in licensing *proceedings, leg 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 relati'vely 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 end are, internal information distribution: the than necessary. Particularly in those in effect the "essence" of NRC.
- normal time leg nesessary to allow NRC proceedings in which cerfain aspects of procee~s. By processing them. NRC to do all copying of internal distribution an issue have be~n ~eard before all
~ould be copying and serving a documents would not cause levels of NRC ad1ud1catory boards, substantial amount of the number of inconvenience. Therefore, the parties tend to compile service lists pages filed. a semce which would have Commission bas decided that all parties.
which reflect the entire history of the high payoff in terms of reducing costs to Including applicants, need file with the proceeding. rather than being tailored to intervenors, without substantially Commi~sion only an original and two the particular paper being filed. Random. impeding the progress of the j.,,.. :: :;, "
copies: the original would go to the
. checks of service !ists show that this
-adjudicatory process.... *... * * *.:;. ;
docket me, one copy would go directly
- * *ort of error acci;>unts 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 AnUtruat PrOce8dlnp servic~ is. required only.on the
.may require several rounds of testimony Com.nussion br the pertinent and an opportunity to file proposed adjudicatory board and the parties, and. findings of fact and conclusions of law *.
that parties endeavoring to hold down (Responses to discovery requests are their costs should carefully monitor their *. also filed. but not on a.tight time service lists.
- ICbedule.).
- In December 1977. the Commission At least five days would be required authorized the Docketing and Service
. for each set of documents to reach the Branch to.copv and serve submissions in Commission and be copied and mailed the S-3 proceeding. 1f requested to do so to the parties and board members.
by parties to the proceeding. Each party
~ Therefore, the rule provides that requesting this assistance served an documents filed with Docketing and original and two copies on NRC. Others Service in the three categories followed normal procedures. namely, previously described should be ile!l not service on other parties and an original
- less than five_days before the date at plus 20 copies on SRC.
- which they are submitted to an
- The results show that the availability adjudicatory bi>ard. unleBB the presiding of free copying and service had no officer provides otherwi1e.
discernible impact on the length or
- On balance. the Commission has frequency of filings ":ith the
- decided to undertake a on~-y~ar pilot NRC will not provide free transcripts and free copying and service in antitrust proceedings. The studies of filings have been confined to health, safety, and enVironmental licensing proceedings.
While the Commission believes that the changes would substantially assist intervenors in those proceedings without introducing substantial delay, it does not know whether these conclusions can be extended to antitrust proceedings.
There may be, in fact, substantial differences in the extent and general bullc of discovery between the two kinds of proceedings. In addition. the Commissioft does not know whether parties in antitrust proceedings are likely to need such assistance as intervenor& in health, safety, and
. ~,
ter.,.
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-Feder81 itegi*ter I Vol *4s. No. :14~ 1 Friday July 25. 1980. I Rule9 and llegule.tiqm *
- Gs31 environmental proceed.mp.
1icenaeoranameo~_thereta... _.;;.,* -TbenationalbaokagpBm.ol, ~",..d/.i _;~.
Consequently, the CQmmiaion Will'. ;.:..
- presiding officer ~y lllTange far * *::.r ::N:
- ~SS. logethet with tbe interml.~.. ~~*."'- :~:*
Investigate this area further befol'e
- *:*:
- provision of one free tramaipt.. a:~::*~:'.
~dministration of lbe Office. UV. :!&S*;;;"!:l
- _ * :.
making any changes.. * *
~
party, other than the mppttcut. up0n ::.~-*. *._ Undergone significant~ 8iRote '.,,.,."7_,.*.
Because these amendmenll relate..
request by that party. The transcript Wift
- 1eetion 4.13 wae last compre~~
~ * * **.
iolely to agency procedure and~ be made available to a party at the same reviewed in 1976. Consequeiitly,:JiiaitJ '.
the Commis11ion has found* that good..
time and location u It is made available. of the forms previously ueed have ran~ *_..
cause exists for omitting notice of to the NRC staff. If a transcript is mailed Into disuse or baYe been found to.be Of -.
proposed rulemaking, and public
- to the staff. it will also be mailed to the.
- negligible value to the Office. SimilarJf.
procedure thereon, as unnecessary, ad requesting party. A presiding officer baa a number of new forms have been for making the amendments effective the discretion to control the disbibution adopted to accommodate new statutory immediately without the customary 30
- of transcripts to parties.
requirements and supervisory needs.
- days notice.
- {Sec. t61p., Pub. L 83-'103. 88 amended. 611 DRAmNG INFORMATION: The principal Pursuant to the Atomic Eneru Act of Stat..948p.. u amended (42 u.s.c. 2201p,)J drafter of this document was Jonathau L 1954, as ~m~nded, the Energy Dstefd at Washington. O.C. lhil zist day al Levin, Senior Attorney, Office of the Reorgam.zation Act of 197-1, as. amended.
Jul t980 Comptroller of the. c"..... """*.....:
end sections 552 and 553 of Title 5 of the y,
- -*-1 United States Code, the following For the Nuclear RegulatorJ o;mmiAtan.
(t2 U.S.C. I~ el Nq.:12_~.S.C._138: IUAC.
amendments to Title 10,,Chapter t. Code SaMuel J. Cbilk; *.
55%)
- *. ** * : *,~. : ;.. *:..
- ofFederal Regulations, Part 2 is Secrewryofthe Commiuio&..
Adoption of Amendmmd: *. -
published BB a document subject to IPR Doc.1111-%2419 Filed 1.-.... _,
12 CFR -1.13 is amended to read u Codificatio~.
BIWHG CODE JSIO.eMI fODows:
PART 2-RULES OF PRACTICE FOR *
- DOMESTIC LICENSING PROCEEDINGS
- t. Section 2.708{ d) is amended to read:
t 2.70I Formal requnmenta tar documentL (d) Except** otherwise prOTided by thi1 part or by order, a pleadilla (or other document) other than correspondence ahail be filed in an original and two conformed copies.
- 2. Section 2.712 i* amended hr *ddini a new paragraph (f) as follows:
12.712 Service of papers, methods. proof.
(f) Free copying and service. Except in an antitrust proceeding, in any adjudicatory proceeding on an application for a license or an amendment thereto, the CommiHion.
upon request by a party other than the applicant. will copy and aerve without cost to that party that party'11 testimODJ (including attachments). proposed findings of fact and conclusions of law, and responses to discovery requests.
These documents should be filed with Docketing and Service not less than five days before they are due to be submitted to an adjudicatory board.
unless the presiding officer provide*
otherwise. 1
- 3. Section 2.750 ia amended br adding a new paragraph (c) u follows:
I 2.750 Otfiml reporter; lrwcrlpL (c) Free tranecrlpt: Except in an antitrust proceeding. in any adjudicatocy proceeding on an application for a
'Thi.a paragraph aheD be ID effect for a par from July 25. 1980 unleu extended ~ the Comntiasion. Notice of u extenaian wlll 11ppear In lbe Federal Repter.
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14.1~ ~-~*~*"-.":.:::,~ :*_._.
DEPARTMENT OF THE TREASURY (a) Numbered Forms. The folloWius..
Office of ~
Comptroller of the
- Currency 12CFR Part4
[Docket fto. ID-oil
.\\..
~scrtption of Ofnce, ProcedurM.
Pubnc Information; Forms Md lnatructiona AGENCY: Office of the Comptroller of the
- Currency.
ACTION: Final rule *.
SUMMARY
- This amendment revises 12 CFR 4.13, the regulation which identifies all forms used by the Office of the Comptroller of the Cummcy ("'Office").
The purpose of the amendment ia to update tbe official list of forms to reftec:t deletions and additions made in recent
. ~ *.
numbered forms of the Office of the Comptroller of the Currency.. *.
currently in use:,
CC ttoo-OX: Officen *Direct and lndlnc:t lndebtedne11 i.nd/ ar other Banb CC t4ZZ-OX: National Bank Exami.nar'1 Seal CC tm.-OX: A111et1 to be Charpd Olf bJ National Bank Examiner *
- CC 1425-CE: Combined Repcll1a 16 *
- ExaminatioD CC 1425-CL: Examinerw OMdlill g Guidance ill Det!!nni.ning Compliance cc 1425-CX: Commercia! Repart af Examination CC 1425-0X: Report of Examination CC ll&26-0X: Confidential Memorandum lo the Comptroller of the Cunency CC 1U7-0X: Voluntaey Charp-Offa al Instalment Loam CC 14Z6-0X: Report of VisitaliDll CC 1430-Ql: Report of Examinlltian-
.. Consumer Affain
- cc 1440-<lX: Report al die Conditioll el..
Trust Department cc 1450-0X: Electronic Deta ProceaiDI Examination Report CC 1451-0X: Biographical Data Work Sheet CC 1457-0X: Report of National Bank Examiner for Week Ending --
CC 1485-0X: lnveatment Sheet (l'rual.
Department)
CC 1~
Examiner'* Credit line Sheet CC 1601-0X: Peraonal. Farm or Ranch_
Statement CC 1602-AX: Fi9cal Interior Statement CC 1602-0X: Financial Statement-BusinNJI CC 1603-0X: F~
Interim CC 1604-DX:.Real Eatate MOl'fiap CC 1605-0X: Consumer Finance Indirect Line CC 1606-QX: Comumer Finance Put Due Loans CC 1607-0X: File Comments. Trade Checking. Credit lnvestigationa, Averqe Balances, etc.
~ *