ML19318A364
| ML19318A364 | |
| Person / Time | |
|---|---|
| Issue date: | 04/24/1980 |
| From: | Bickwit L NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| Shared Package | |
| ML19318A362 | List: |
| References | |
| REF-10CFR9.7, TASK-CA, TASK-SE SECY-80-202, NUDOCS 8006200348 | |
| Download: ML19318A364 (4) | |
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,g April 24, 1980 SECY-80-202 COMMISSIONER ACTION For:
The Commissioners From:
Leonard Bickwit, Jr.
General Counsel
Subject:
ROLE OF THE STAFF IN THE WASTE CONFIDENCE PROCEEDING Discussion:
By memorandum of March 20, 1980, the Commission established a working group to provide staff support to the Commission in the waste confidence proceeding.
The participants to this proceeding have not as yet been informed of the establishment of the working group.
In addition, motions regard-ing the staff's role in this proceeding have been filed by the Natural Resources Defense Council and the California Energy Commission.
We believe that the establishment of the working group adequately addresses these movants' concern rega" ding staff's role in assuring the compila-tion of an adequate record for this proceeding.
Accordingly, we have drafted a proposed Memorandum and Order which informs the participants of the establishment of the working group and responds to the pending motions.
Recommendation:
Issue the proposed Memorandum and Order.
Leonard Bickwit, Jr.
General Counsel
Attachment:
Memo. & Order Commissioners' comments should be provided directly to the Office of the Secretary by c.o.b. Thursday, May 8,1980.
Commission Staff Office comments, if any, should be submitted to the Comissioners NLT May 1,1980, with an information copy to the Office of the Secretary.
If the paper is of such a nature that it requires additional time for analytical review and comment, t Commissioners and-the Secretariat should be apprised of when comments may be expecte TACT:
DISTRIBUTION:
L. Trubatch. 0GC Commissioners Comission Staff Offices Executive Director for Operat S0062003 %
Secretariat
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION COMMISSIONERS:
John F. Ahearne, Chairman Victor Gilinsky Richard T. Kennedy Joseph M. Hendrie Peter A. Bradford 1
)
In the Matter of
)
)
PROPOSED RULEMAXING ON THE STORAGE AND
)
PR-50, -51 DISPOSAL OF NUCLEAR WASTE
)
(44 Fed. Reg,. 61372)
(Waste Confidence Rulemaking)
)
MEMORANDUM AND ORDER In the period following issuance of the Presiding Officer's Prehearing Con-ference Order on February 1,1980, the Commission received two motions from parti-cipants requesting that the NRC staff be assigned an' explicit role with regard to assuring the development of an adequate record in this proceeding. The Natural Resources Defense Council (NRDC) in a motion dated February 14, 1980, contended that. the Commission cannot be assured of a complete record in this proceeding 4
unless the staff solicits the views of technical experts. If The California Energy Commission (CEC) in a motion dated February 20, 1980, suggested that the
. staff should actively seek out a broad spectrum of views by empaneling a body of i
l If This motion was supported by the States of Wisconsin, Ohio, Illinois, and New Hampshire.
It is opposed by the Utility Waste Management Group and the Edison Electric Institute.
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experts to mediate the technical issues presented by this rulemaking. 2/
The Commission has directed its Office of Policy Evaluation to form a working group to advise the Commission regarding the adequacy of the record to be compiled in this proceeding. The working group is composed of personnel from the Offices of Policy Evaluation, the General Counsel and the Executive Legal Director, and is provided with technical support by the program offices of Nuclear Materials Safety and Safeguards, Research, and Standards Development. 3/
The working group will review the participants' submissions and, after the cross-statements are filed, will identify issues in controversy and any areas in which additional information is needed.
Depending upon the procedures adopted at.that point, the working group will assist in obtaining this further informa-tion by:
(1) preparing questions to be asked of participants by the Presiding Officer or the Commission; or (2) suggesting methods of obtaining this information by other means, including soliciting information from other sources.
-2/
CEC also suggested that the Commission or a committee composed of at least two Commissioners should conduct this proceeding.
As the Presiding Officer noted in his Order of February 1,1980, the Commission carefully considered the procedure it wished to follow and decided to saploy hybrid rulemaking procedures and to designate a Presiding Officer who will monitor the early stages of the proceeding and assist the Commission in conducting the later stages of the proceeding. We believe that it would be premature at this preliminary stage of the proceeding to determine what procedures would be appropriate for the later stages of this proceeding. Accordingly, after the cross-statements are filed, CEC may again present this suggestion'if it believes that this procedure would be appropriate for conducting the next stage of this proceeding.
3/
The working group may also engage the services of outside experts if it determines that such consultation is needed.
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Following the las~t phase of the hearing, the wo Mng group will prepare a summary of the record, identify the key issues and controversies, and indicate how their resolution could affect the Commission's decision.
In addition, the Presiding Officer may at any time during the proceeding identify areas in which the working group could provide assistance.
The Commission will consider the Presiding Officer's requests and may suitably modify the extent of the working group's participation.
The Commission believes that at the present stage of the proceeding the establishment of this working group adequately addresses the concerns expressed in the motions referred to above.
Many issues may be resolved by the participants' position papers and cross-statements, thus obviating the need for additional expert opinions on those issues.
Accordingly, the Commission believes it would be premature to solicit expert opinion at this time. After these documents have been filed, the working group will be able to identify the important and contro-versial issues and then to determine whether the special partic'ipation by experts as urged by NRDC and CEC would materially clarify particular issues or disputed evidence. y Insofar as the NRDC and CEC motions request Commission action other than that described in this Memorandum and Order, those motions are denied.
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y To a large extent, the nature of participation by non-participant experts, should it be found necessary, will be determined by the issues they would address.
Thus, CEC's suggestion for technical mediation is also premature at this time.
4 It is so ORDERED.
For the Comission 9
SAMUEL J. CHILK Secretary of the Comission Dated at Washington, DC, this-
- day of April,1980.
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