ML19209B074
| ML19209B074 | |
| Person / Time | |
|---|---|
| Issue date: | 09/05/1979 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| Shared Package | |
| ML19209B075 | List: |
| References | |
| RULE-PRM-2-9 NUDOCS 7910090120 | |
| Download: ML19209B074 (4) | |
Text
NRC FICI 'C C C. a._..
NUCLEAR REGULATORY COMMISSION
~
/ Docket No. PRM-2-9 f CINCINNATI GAS AND ELECTRIC COMPANY, ET AL Filing of Petition for Rule Making Notice is hereby given that Mr. Troy B. Conner, Jr., of Conner, Moore &
Corber, Counsel for Cincinnati Gas & Electric Company, Columbus and Southern Ohio Electric Company, end Dayton Power & Light Company, has filed with the Nuclear Regulatory Commission a petition for rule making dated July 31, 1979 to amend the Commission's regulation " Rules of Practice for Domestic Licensing Proceedings," 10 CFR Part 2, through the addition of a new 52.718a and amendment of Aopendix A to 10 CFR Part 2 by adding new sentences at the end of subsections V. (d)(4), (5), (7), and (11), and by adding a new subsect5on (d)(15).
The petitioner states that:
In sum, we seek elimination of two of the major problems whiich now crolong many Commissicn adjudicatory hearings. Some Licensing Boards now conduct hearings in an orderly and an expeditious fashicn, at least to the extent the present system permits.
Other Boards, however, interpret Comission policies to require absolute latiitude to intervenor parties to depart from compliance with normal Federal, civil and administrative hearing procedures.
In the five years in which the Prairie Island Rule has been applied, it has now become clear that it is counter-productive to the orderly and expeditious conduct of NRC hearings.
It should be eliminated.
Equally, experience demonstrates tnat much time is lost in evidentiary proceecings from the failure of the Licensing BoaMs to require 7910090 /M 1115 224
professional preparation and presentation by intervenor counsel, and from extended recesses as well as long intervals by some Boards to rule on evidentiary matters (objections and motions to strike) in hearings. The Cocmission should clarify its instructions in Appendix A on these points.
Specifically, the petitioner requests that the Commission amend its 1
regulations,10 CFR Part 2, as follows:
1.
10 CFR Part 2 is amended by adding a new section 2.718a to read:
12.718a Soecial Rules for the Conduct of Evidentiary Hearings.
(a) Cross-examination by an intervenor shall be limited to contentions granted to that intervenor, ana (b)
Examination and cruss-examination by an intervenor shall be Timited strictly to the scope of its specific contention.
2.
Appendix A to Part 2 is amended by adding the following new sentences at the end of subsections V. (d)(4), (5), (7), and (11), and by adding a new subsection (d)(15):
(d)(4)... As provided in 52.718a, cross-examination may be conducted by intervenors only on contentions granted to them and examination and cross-examination by intervenors will be limited to granted contentions in order to protect against expansion of issues.
The Board will not interrupt the taking of evidence to consider procedural matters unrelated to the contentions scheduled for that session of evidentiary hearings, unless failure to do so would in fact prejudice the rights of a party.
(d)(5)... It is expected that parties will prepare their examination and cross-examination of witnesses in advance and the Board shall not pemit long delays by counsel in conducting questioning. Where a 1115 225
party is not represented by counsel, the presiding officer shall make every effort to avoid such delays.
(d)(7)... It is expected that the presiding officer shall endeavor to admit only competent and material evidence as well as relevant evidence. Nothing contained herein shall prohibit the presiding officer from excluding matters which do not meet these tests or-which are otherwise of no probative value to an i~ssue.
It is expected that the presiding officer shall endeavor to rule on evidentiary questions without delay and avoid prolonged conferences and recesses before ruling on objections and motions relating to such matters.
(d)(11)... In contested cases, particularly in an operating license proceeding, the presiding officer shall avoid questioning in areas which are not essential to the resolution of contentions, except as provided in section VIII(b).
(d)(15)
In order to expedite the receipt of evidence in adjudicatory proceedings, the presiding officer will, to the extent practicable, limit luncheon recesses to one hour and morning and afternoon recesses to ten minutes.
The petitioner further states that"the present Rules of Practice, as inter-preted by the Licensing Boards, establish a system biased in favor of inter-venors and one which results in major losses in productive time. We believe that the changes proposed above would restore some degree of balance to NRC adjudi cations."
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4 A copy of the petition for rule making is available for public inspection in the Comission's Public Document Room,1717 H Street, N.W., Washington, D.C.
A copy of the petition may be obtained by writing to the Division of Rules and Records, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555.
All persons who desire to submit written connents or suggestions concerning the petition for rule making should send their comments to the Secretary of the Comission, U.S. Nuclear Regulatory Commission, Washington, D.C.
- 20555, Attention:
Docketing and Service Branch by November 13, 1979.
FOR FURTHER INFORMATION CONTACT:
J. M. Felton, Director, Division of Rules and Records, Office of Adninistration, U. S. Nuclear Regulatory Comission, Washington, D.C.
20555 Telephone: 301-492-7211 Dated at Washington, D.C. this 5th day of September,1979.
For thsl Nuclear Reg-atory Commission Y
stor f
Samuel ilk
)
Secretary of th Comission 1115 227