ML19327A471

Forwards 800725 Fr Notice Re Procedural Assistance Change in Adjudicatory Licensing Proceedings

ML19327A471
Person / Time
Site:	Midland
Issue date:	08/04/1980
From:	Paton W NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Cowan F, Linenberger G, Smith I Atomic Safety and Licensing Board Panel
References
ISSUANCES-OM, NUDOCS 8008060233
Download: ML19327A471 (5)

Text

.

HRt, Central OELD FF (2)

Shapar/Engelhardt Christenbury/Scinto Olmstead/Karman WDPaton/chron (2)

August 4, 1980 8 Jones DHood, ll6C, Phil.

I.J. Lee, 147 Phil.

In the Matter of CONSUMERS POWER COMPAHY (Midland Plant, Units 1 and 2)

Docket Nos. 50-329-0M and 50-330-0M To the Midland Service List:

Attached is a copy of the Federal Register notice (45 Fed. g. 49535, July 25,1980) addressing a cnange in NRC regulations concerning procedural assistance in adjudicatory licensing proceedings.

Sincerely,

~

William D. Paton Counsel for NRC Staff Enclosure As stated cc w/ encl.:

Ivan W. Smith, Esq.

Mr. Gustave A. Linenberger Dr. Frederick P. Cowan Frank J. Kelley Myron M. Cherry, Esq.

Ms. Mary Sinclair Michael I. Miller, Esq.

Grant J. Merritt, Esq.-

Judd L. Bacon, Esq.

Ms. Barbara Stamiris Mr. Steve Gadler Wendell H. Marshall Mr. Michael A. Race THIS DOCUMENT CONTAINS Ms. Sandra D. Reist P00R QUALITY ') AGES Sharon K. Warren Patrick A. Race Gecrge C. Wilson, Sr.

O (/

/

Ms. Carol Gilbert Mr. William A. Thibodeau Mr. Terry R. Miller v

Atomic Safety and Licensing Board Panel e:::q f i Atomic Safety and Licensing Appeal Board Panel

,/

I Docketin9 and Service Section 8008060, 2 3 0 y

~

0 0E orrica)

, g, su,~-> a/.4/ao.....

8q/80 o-E h.

Fonea 344 t9 :-) Nric'A 024o Cu.5. GOVFitNMENT PRINTING OrFICE: 1979-28 h369

- -m - - --

m m r.y.,-..

.mm t -

,l g

'.- ?,'.n f

r.

Federal Resistne / Vol. 45. No.145 / Friday My 25.19e0 / Ruks'and'Regulattions W

h:..

'49635 r i action is taken as a result of an ~

days prior to the anniversary date of the to reduce cost burdens for partise in : w.

i-M i

N

)

administrative decision.

acts.

. Commisson adjudicatorylicensing I"

prec7 ve patic July 25. teIO.

• 'e - 'id

+.- proceedings os appIlcations for fin =a===

~,

@M f

• * ' M m.

pon puntan peronesAftou coortact:

Enidtdt A(Deissed)

"""8*

M-Carl O. Opstad. Farm RealEstate Loan

~

0' Division. Farmers Home Administration, nis d-==.at has been miewed. proposals wen comedered in the

.Mi '

J USDA.14th and Independence Avenea-context of the S-3 rulamisking om es e

f4 nranium fuel cyde.See 42 FR 13s08

-9 8

C. 7.n en es t

te.

SW.Weshington. DC 20250.Telephoor (202) 447-4572.

the detemansbos of FmHA that the propoemd (March 13.1977L 43 M 8915 (April 34.

g The FinalImpact Statement action does not cenettate af maior Federal 1978k and 44 R 45382 (August 12.1979).

action swuficantly effecting the geabty at From that procee&ng the Con =ana ha describing the options considered in human envuonment and in sesordance with hoped to gain specfic experiena with developing this final rule and the impact the National Env-ral Polacy Act of providing free service of domments and ta ofimplementing each option la available tees. Pub.1. s!-lea en Envuoamental lapact free transcripts and to use the o

on request from the Office of the Chief.

8*"i*"'"*"'*d-Directives Management Branch. Farmers (7 USC.1sse def esatwo of notheney by the experience to develop general pohcr Home Administretian. Room 8346 South 8** d ^8"* * #*3*** *I with respect to adjudicasary.

! H Agncultum Buildm' g.14th and authority by the Amat Sec. for Rdsel pi M.

.M at

g. h' Independence Avenue. SW.

Development. 7 CFR 3.JE)

. 'Eligibulty for NRC.% hmt Waslu'ngton. DC 20250.

DMi m

Assistanca

'g

- g supet.auerf any espomasAriose his One attemative with respect to fin.1 oction has been reviewed under "N'""Y'""*'

Procedural assistance is to provide it to USDA procedures established in full participants. Le parties, who submit Secretary's Memorandum 1955 to

,. P' D""* ""** ** "8

• ^*

implement Executive Order 12044. and 8" *

• 8888 88 * *

• an affidavit to the Hearing Board I

3 i

has been classified "not signif5 cant".

" stating, with brief factual support that

p.,

their abili to participate would be This action will save time and reduce paperwork. lf the exhibit were to stayla NUCt. EAR REGULATORY sign can y impaind ht tWe the Federal Register. each time the COMMISSM assistance. Under this altemative the interest rate changed it would be

~ Commission would have had to provide 10 CFR Port 2 the Boards and parties with som nec seary to bring this exhibit up-to.

dets. Removing this exhibit and malrt"f guidana as to who would ordmardy -

it avellable in any FmHA office is the Procedurst Analstancein Acquc5catory qualify for assistance under this 4

most prompt way to pmvide information Ucensing Proceedings standard. However. offering procedural

( ;~[

assistance to allintervenors without

'r on interest rate changes.

Aspeevt U.S. Nudeer Regulatory qualification might offer enough savings, The Farmers Home Administration Commission (NRC).

from not having to decide who was am:nds the Table of Cootents and 1

section 1951.25(s)(2) an'd deletes Exidbit, actiose Effective rule.

qualified to receive ss'eistantw to be A from Subpart A. part 1951. Chapter sunsasAny:NRCis amendmg its worth the extra expense of essisting a XVIII. Title 7 in the Code of Federal agulations in order to provide a one-few additionalintervenors. On the other Regulations.

year pilot program of procedural hand,it is incongruous to charge an it is the policy of this Department that assistance in adjudicatory pmcsedings applicant imm $50 No ts 31 n iDinn for rulis relating to public property. loans.

on applications for Iw=name and processing an application, and then to grants, benefits, or contracts shall be amendants thema, except for entitreet offer it a free transcript. worth on the order of $1.000.

published for comment notwithstanding pmceedingA to parties other than the the exemption in 5 U.S.C. 553 with appbcant by (a) upon a party's request.

On balance, the tw ion has r

respect to such rules.This action, providing one transcript without charge decided that the better alternative is to ru!Imaking since the purpose of the request copying and serving weout parties other than an appbcant la

,T how;ver. is not publishod for proposal, to that party and (b) wpen a party's provide procedural assistance to all i:

ch:.nge is administrative in nature and charge that party's testunony (including adjudicatory proceedmss on publication for comment is unnecessarv. attachantsk propowd findings of fact applications fw beenm and Therebre, the Table of Contents and and concludons oflaw. and responses

. amendments thereto.

i1951.25(a)(2) are amended and Exhibit todiscoverevrequesta kiaddition the NRC Primaion of Free Tranardpts A is deleted as follows:

regulations a.w amended to req' aire that TM Caresses Parties, inclut ing as applicant, file with Transcripts are==nally expensne, NRC an original plus two copies of each especially when fast copy is requestad.

F.xhibit A-4Available km any FasHA OdBas)

A typical transcript for one day of a wigmal d My cognes.

proceedmg runs about 200 pages. De EPFacTNE DAT@y 25. MD.

origmal of such a transcript, providad

,the next mornmg. costs about 31.000-

$ 1951.25 Review of t.amWted Mosewcan Poa PUNTHEm aeronmAftosa coarTACT:

F0 and 04 toana.

Thomas F. Donan. Esq. Of5ce of the loupplementary copies cost about 3100.

(a) Frequency ofivvaews.

Executive gl Dinctor. U.S. Nuclear In the S-3 proceeding, transcripts were nquested by most public interest (1) * *

• Regulatory Commission. Washmgton.

groups, h.dustry representatrves and (2)The interest rate on FO loans will D.C.20555(Telephone:(301) ?2 m).

utilities. De principal conclusion that i

be increased in accordance with the suret.tMENTAmy asFORMAftosa In order can be drawn from that proceeding in E;

Sch:dule in Exhibit A of this Sebpart to help partaea maaist the ~-i.. ion la almost self-evident, namely, that NRC's r

lavailable in any FmHA office.)'ne

-arriving at its decisioen, the Comunission offer to provide an expensive service loans will then be reviewed at least on several occasions over the past (transcnpts)is attractive to most partaas.

I once every two years, approximately 80 severs] years has considered proposals

'these parties. in turn, can better assist 6

9 6

e.L.,..n. :.' :2f.,4ffQg.

.;gy.q..y ;[ :;

~

. :. 2.-

.=.m 4

m c,

49538 Federal Register / o1. 45. No.145 f Friday. July 25.1980 / _ Rules and Regulations' the Commission 14 arrfving at its de. $ ComunisNom. Concern had been%1 et % ~ preynm of fre decisions.

m

%ere is no reison why Irce. v *'"t expressed that free service would Mr - Copying and service have been e.~.

transaipts codd not be made available encourage abuses in the form of requested by latervenors in a nymhme of overlong. unedited or unnecessary -

• In adjudicatbns to parties, other than Blings. In general. for those who ' " Instanas and the value of the ~

th slmlicar,t. at the same time and assistance, both to interrecors and b location as tiity are made available to -. altimately requested and' C

' quality of s'nmmission decisionanding.

service, there were no s' cant may be worth the modest delay entailed.

the NRC staff. If transcripts are mailed to the staff, they would also be mailed to differences in length oe frequency A one.yearpilot program would allow intervenors. % s service could replace between filings copied and served by NRC to obtain information on this effort present practice where members of the the parties themselves and those copied and on any problems such a program and served by NRC at a pae$at a

's request.

staff or the Ucensing Board frequently his experience sugger'.s t may present, as well as answer whether lend an intervenor an extra copy of the program of free NRC copying and NRC copying and service of testimonyis transatpt. although on a necessarily service is eot likely to be abused.%e an incentive to timely filing, Irregular basis. Transcripts are

• Commission does not wish to assusee

%,g3, Copes g g,m.

g particularly important to the many this responsibility for all classes of Parties in licensing proceedings. under irdervenors who attempt to make their documents, since this would create 10 CFR 2.708(d) file or serve documents cases on cross. examination.

substantial delay. It has, however. -

%erefore. the Commission has -

identified several categories of as follows: the original and 20 copies decided to initiate a one-year pilot

' documents which are bulky. but do not with the Commission and one copy on each party and on members of the program to provide free transcripts on arise frequently.neir servios by the Ucensing Boards will have the Commission would thus relieve parties hearing panel in question. ne 20 copies the basis previously desaibed.

filed with Docketing and Service are for of a substantial burden without the Commission's convenience for discretion so anotrol the distribution of intmducing substantial delay.%ese internal informational distribution: the tracecripts to parties-for example. to limit distributson to some but not all of a categories are:(1) testimony (including appropriate Board and the parties are consolidated group of intervenors, or to attachments) (2) proposed findings of served separately.

fact and conclusions oflaw, and (3)

Dese 20 copies ara 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 participata.

relative terms, service of these practice. Docketing and Service

. NRC Provision of Free Copymg and documents need not be as rapid as items distributes some copies upon receipt; g,,g,,

such as briefs or motions. A rough look mHng additional copies creates a tune Most licensing proceeC w produce at filings in licensing proceedings, lag of up to several days. Since the dozens of filings. It shoulo a noted that, indicates that these documents tend to copies Docketing and Service sends out be mistively bulky. Also, documents are informational the Commission frequently, parties in complex proceedings reutinely serve more people containing testimony and exhibits Perceives no tight time constraint 'on than necessary. Particularly in those contain substantive contentions and are, internal information distribution: the proceedings in which certain aspects of in effect the " essence" of NRC normal time lag necessary to allow NRC an issue have been heard before all proceedings. By processing them NRC to do all copying ofinternal distnbution levels of NRC adjudicatory boards, would be copying and serving a documents would not cause parties tend to compile service lists substantial amount of the number of inconvenience.Therefore, the j

which reflect the entire history of the pages filed, a service which would have j

proceeding rather than being tailored to high payoffin terms of reducing costs to Commission has decided that all parties.

including spplicants, need file with the the particular peper bems filed. Random intervenors, without substantially checks of service lists show that this impedmg the progress of the " n. - Commission only an orignal and tw copies; the original would go to the sort of error accounts for between 3 and -. adjudicatory procesa.

docket file, one copy would go directly 7 extra copies made and distributed-Copying and service of these.

• to the Public Document Room, and the

. %e Commission wishes to emphasize documents by the commission may other copy would be used for that parties should be aware that cause some very small delay in the reproduction, service is required only on the bearing process. A licensing proceedmg Commission br the pertinent may require several rounds of testimony Andtrust Proosedings adjudicatory board and the parties and

'and an opportunity to file proposed NRC will not provide free transedpts that parties endeavoring to hold down findings of fact and conclusions oflaw.

and free copying and service in antitrust their costs should carefully monitor their.. a(Responses to discovery requests are edings.The studies of filings have lso filed. but not on a right time n coufin.-d to health. safety, and service lists, In December 11rr7. the Commission schedule.)

environmental licensing proceedings.

At least five days would be required while the Commission believes that the authorized the Docketing and Service for each set of documents to reach the changes would substantially assist Branch to copy and serve submissions in Commission and be copied and mailsd intervenors in those proceedive without the S-3 proceedmg. if requested to do so to the parties and board members.

Introducing substantial delay, it does by parties to the proceeding. Each part?

• Therefore, the rule provides that not know whether these conclusions can requestmg this assistance served an original and two copies on NRC. Others documents filed with Docketing and be extended to antitrust proceedings.

followed normal procedures. namely.

Service in the three categories

%ere may be, in fact, substantial previously desenbed should be filed not differences in the extent and genera!

service on other parnes and an origina! 'less than five.sisys before the date at bulk of discovery between the two kinds

,l plus 20 copies on NRC.

which they are submitted to an of proceedings. In addition, the ne results show that the availability adiudicatory board unless the presiding Commission does not know whether of free copying and service had no officer provides otherwise.

discernible impact on the leegth or On balance. the Commission has parties in antitrust proceedings are likely to need such assistance as frequency of filings with the decided to undertake a one. year pilot

, intervenors in health, safety, and l

l

\\

=

.o k

i i

.w-h.

. },

4

[... ~~~.,... }j.. *h W.p..). -

b

. _e.:

r.

it.

Federal Register / Vol 45. No.145 / Friday July 35, sano / Rules and Regulatlans 48537 e-.

lgfje environmental proceedings.. ~ _ '.

Econes er na a-mart==nt therste, the y.

• ne actional beak egervisosy.

n Consequently, the Commission wili~

presiding omcer may arrange for process, togethat s.ith the internal,p. ;-ap w e. -

!a(

investigete this area further before provimos of one free tranaanpt to e ' *.' administratica of the Once. hans Q request by that party.The transcript we,, section 4.13 was last comprehen seking any changes..

party, other than the opplicant upos -

undergone :'f-:== change aimes 3 r,spi.

Because these amendments relate.

mL solely to agency i Je and practice, be made available to a party at the same reviewed in 19M. Consequently.3nany.

Ed.

• the Commission hasJound that good time and location as it is made avaDahle of the forms previously used have faBen ',

y cause exists for outittag notim of to the NRC staff. lf a transcript is mailed lato disuse or have been found to be of 2

3,g' proposed rulemaking. and public to the staff. It will also be mailed to the negligible value to the Office. Sunderly, procedure thereon, as annecessary, and requesting party. A presiding officer has a number of new forms have been ser for making the amendrnents effective the discretion to control the distribution adopted to accommodate new statutory

, g, immediately withoet the customary 30 of transcripts to parties.

requirements and supervisory needs.

1 days notice.

(Sec. telp., Pub.1. as-ms. es amended, es omarTiwo tosponesATIOsc De principal Pursuant to the Atomic Energy Act of Stat.96sp, u asunded (42 U.Ec 2assp.);

drafter of this document was }onathan I.

j 1954, as amended. the Energy Deteid at washington.ILC ilms 2 a day at 14 vin.Senicir Attorney.Omca of the is'e Reorganization Act of 1974. as amended' W. teso.

ComptroUer of the Currency.,.

rute Sta Cod, the follo For the Nuclear Regulatory f*a==i== nam (u U.S.C l 1, et seg,12 USC 35s:5USC l

\\(.

amendments to Title 10. Chepter 1. Code I'""'I IN

~ ',

of Federal Regulations. Part 2 is 8'c"8*'Y8M8Cd8'***sh Adoption of Am=I= i

(~l published as a document subject to Fu D=. em ru.o.m.=== =t u CFR 4.13 is amended to roed as lJ t'

codification.

auase ones sm.e+e g,g,,,

ne PART 2--RULES OF PRACTICE FOR -

g 4.13 porms and Instructions. " * *

.n.,

DOMESTIC UCENSING PROCEEDINGS DEPARTMENT OF THE TREASURY (a) Numberedforms. De foDowing '.

1. Section 2.70e(d) is amended to reed.

numbered forms of the OfDce of the 4

Office of the Comptroner of the.

Comptroller of the Currency are l 2.798 Fermal rogdrements ter Currency curmntly in use:

12 CFR Part 4 CC 1mOL Obs Dimet and Inimme indebtedness and/or other Banka (d) Except es otherwise provided by

- CI:1428-OX: Netional Bank ha muur's Smel I

x this part or by order, a pleadias (or CC1424-CX: Amte to be Charged Of by I

w other documact) other than DescripUon of Omcis, W l

Neuceal Beak Eneauner

~

cornspondence shall be fUad in an CC 1m combmed Reports af PM Mforma% Forms and onginal and two conformed copees.

basinatiaa betructions 1 Section 2J12 is amended by addang CC 1M Exaa.amm Ondet Imr a new paragraph (f) as follows AotwCv:Osce of tse Comptroller of the [$'"

'"**C",",,'h'***

g,p f 2.712 Service of papers, methods, proof. Curmncy.

Examination ACTIOsc Final rule.

(f) Ene copying andsem.ce. Except in -

CC 1425-OX. Report of Examinaties

.^

~.

CC 1436-OX: Confidential Memorandum to sueensART:his amendment revises 12 the Comptroller of the Curwoc7 an antitrust proceeding. In any CFR 4.13 the regulation which identifies CC 1427-OX: Voluntary Charge. Offs d adjudicatory proceeding on an

. aD forms used by the Omce of the In8talment 1**n8 application for a license or an Comptroller of the Currency ("OEce").

CC 14:s-OX. Repon d Vista 6am amendment thereto, the Commission.

De purpose of the amendment is to E lm Repon g Fumm6mp-.

upo ue by a pa o update the omcial het of forms to resect CC X:

d de Com45os d du Pp cop cost to that party {t party's testimonF deletions and additions made in recent Trust Departnera years.

(X: ML Electmaic Deu L-(including attachmen ropmed EFFECTWE DATE-Jufy 25.198d F=amManon Report findings of fact aisd usions of low.

CC 1451-OX: Biographical Data Work Sheet and responses to discovery requests.

POR PURTHEst asPont4ATM3sl C0erTACT*

CC1457 OX: Report of National Bank These documents should be filed with Jonathan 1.14 vin. Senior Attorney.

Examiner for Week Endmg

- Docketing and Service not less than Sve Office of the Comptroner of the CC 14ss OX: Investment Sheet (Trust days before they are due to be Currency. 400 I! Enfant Plaza East. S.W.,

Departmanal submitted to an adjudicatory board.

Washington. D.C. 20219. Telephone:

CC 100S-AX: Examiner's Credit time Sheet unless the presiding omcar provides (202) 447-1177.

CC 1 sol-OX. Personal Farm or Ranck,

otherwise.'

suppi. sane 8fTARY BEPORIsATIOct %Is g[g*

FlacalInterior Statement 3.Section 2550 is amended by adding amendment conforms to the requtrement CC teo2-OX: Financial Statement--Bumeess e new paragraph lc) as follows of 5 U.S.C. 552 that each egency publish CX:lec> 0 1 nacalIntana in the Federal Register descriptions of CC th01 Real Fatata Mortgage 9 2.780 Mcdel reponermnacett.

agency forma and instructions which are CC 1005-OX: Consumer Finance Indirect line j

available to, and may be obtained by CC 1006-OX: Consumer Unance-Past Due (c) Fme transcript Empt in en the public.ne amendment revises Loans antitrust proceed;ng. in any adjudicatory those portions of 12 CFR 4.13 which list CC lear-OMe Comments. Trade proceeding on an appDcation for a the numbered and unnumbered forms Ch'*k'"8 C".dd I""*"8'4**** ^"'*8*

Batences. etc t

N currently used by the Omcs. Also, the CC leos OX: BonWpdan d.,.u Wnono,er.a$' M' e

.'o' " F "

amendment provides more specifle CC teos-OX: Co11steral sheet c,

ein is op,,,, t, information forobtaining copies of CC 181o.OX: Direct LAaN Unancing ae r.derni nasmier Omoe forms.

CC tett-OX: Collateralline slip 6

4

~

~

w Q-

- - -,,