ML19330B976
| ML19330B976 | |
| Person / Time | |
|---|---|
| Site: | 05000599, 05000600 |
| Issue date: | 08/05/1980 |
| From: | Goddard R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Bright G, Holton R, Wolf J Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8008070334 | |
| Download: ML19330B976 (4) | |
Text
{{#Wiki_filter:e L ,( Ig UNITED STATES + f 5 g WASHINGTON, D. C. 20555 g NUCLEAR REGULATORY COMMISSION g % * *.. *.o August 5, 1980 l -- In the Matter of l COMMONWEALTH EDISON COMPANY, et al. (Carroll County Site) - ~ Docket Nos. S50-599 and S50-600 To the Carroll County Service List: Attached is a copy of the Federal Register notice (45 Fed. R_eg. 49535, July 25,1980) addressing a change in NRC regulations concerning procedural assistance in adjudicatory licensing proceedings. Sincerely, ,/ W ~ ichard J. oddard Counsel /for NRC Staff cc w/ encl.: John F. Wolf, Esq. Glenn 0. Bright ' r. Robert L. Holton o Philip P. Steptoe, Esq. Thomas J. Miller Jan L. Kodner, Esq. Mr. John W. Cox, Jr. Mr. James C. Schwab Nancy J. Bennett Mr. Jim Dubert Mr. Tom Sorg David N. Howarth, Esq. Mr. James L. Runyon Mr. Edward Gogol Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Appeal Board Panel Docketing and Service Section THIS DOGUMEN,T90NTAINS. i-P00R QUQify 99g3 ,.h 8008070
~ n .y Fed;ral Rep.lger / Vol. 45 N2.145 / Fridry July 25, 1930 / Refes snd' Regnis,tions- '49,2 5 t.' ; }, g.. action (s telen as a result of an days prior to the anniversary date of the 10 reduce cost burdens for parties le. ; we. *. f] admlr! stratin e decision. - i .- note. ...,s - :,-: e. y e.m.. Commisson adjudicatorylicensing m,, a trnCTIVE D ATE: July 25,1980.
- ' 3.'i/ ? ' ;- Proceedings on appliestions foelicenses ', -
y' and amendme ts thereto. Several t rea rurantR NFORMATION CONTACT: MMt AIDefated)' ' ' ' b4- ' ' Y., q.. Proposals were considered in the, f.g,y ; s Carl O. Opstad. Farm Real Estate Loan m, 4 Division, Farmers liome Administration, 'M text f the S-3 rulemaking on Iba,..,g1 j, J in P l" 1)SDA,14th and Independence Avenue. c, EnvironmentalImpact Statements. Itis U I 7# 4 i SW. Washington DC Ac50. Telephone: the determination of FmifA that the W (March 13,1977) 43 FR 8915 (April 14, -d-t, j l I (202]447-4571 action does not constitute armag*or Federal 1978), and 44 m 45382 (August 12.1979).,. u. l Th2 FinalImpact Statement action signitcantly arrecting the quality at From that proceedmg the Commission describing the options considered in human environment and ia aczmanr= with hoped to gain specific experience with. g{ r des eloping this final rule and the impact the National Eosironmental an Envu, Policy Act of providing free service of docurnents and ofimplementing each option is available 1M9. Pub.1. 91-190. mmentalImpact on request from the Office of the Chief. 8'*** "' " ' k9ui'*k free transcripts and ta use the experience to develop general pohcy Directives Management Branch. Farmers (7 USC.1989 delegation of authority by the with respect to adjudicatory. - I,, liome Administration, Room 6346 South ((gm*k'j ;' d , Proceedings.EligibiDty for NRC Pro Agnculture Building.14th and Des elopment. 7 OR 2.70.) Independence Avenue, SW, ~ Washington. DC 20250. Dated. June :tL waa Assistanca ~ SUPPLEMENTARY INFORMATION This One alternative with respect to final action has been reviewed under $""$#"d"*"* Procedural assistance is to provide it to h USDA procedures established in full participants, Le, parties. who submit r Secretary's Memorandum 1955 to I""'""*'" ~"'*o ' - " affidsvit to the llearing Board [( 8'" C 88 " implement Executive Order 120&t, and' " stating. with brief factual support, that [- has been classifi$d "not significant". their abiliy to participate would be p' t His action will save time and reduce significanUy impaired without this NUCLEAR REGULATORY paperwork. If the exhibit were to stay in assistan e. Under this alternative the COMMISSION the Federal Register, each time the ' Commission would have had to provide interest rate changed it would be 10 CFR Part 2 the Boards and parties with some necessary to bring this exhibit up-to. guidance as to who would ordinarily date. Removing this exhibit and makin8 Proceduraf Assistance in Ad]udicatory qualify for assistance under this h it evc!!able in any FmHA office is the UcensIng Proceedings standard. IIowever, offering procedural r most prompt way to provide information assistance to all intervenors w1thout !g(, en interest rate changes. AGENCT U.S. Nuclear Regulatory qualification might offer enough savings. l 't %e Farmers liome Administration Commission (NRC). from not having to decide who was amends the Table of Contents and ACrioN: Effective rule. qualified to receive aisistance. to be, o srction 1951.25(a)(2) an'd deletes Exhibit ' worth the extra expense of assisting a A from Subpart A. part 1951, Chapter $UMMART. NRC is amending its few additional interveriors. On the other XVill. Title 7 in the Code of Federal mgulatims in order b pmvide a oce-band, it is incongruous to charge an Regulztions. Fear Puot program of procedural applicant from $50,000 to $1 miDion for It is the policy of this Department that assistance in adjudicatory proceedings processing an application. and then to rules relating to public property, loans, on applicabons for licenses and offer it a free transcript, worth on the grants, benefits. 'or contracts shall be amendments thereto, except for antitrust order of $1,000. published for comment notwithstanding Proceedings, to parties othee than the On balance. the Commission has the exemption in 5 U.S.C. 553 with applicant by (a) upon a party's request, decided that the better alternative is to respect to such rules. his action, Providing one transcript without charge provide pmcedural assistance to an .l' how ever,is not published for proposal-to that party and (b) upon a party's parties other than an applicant in -1 rulemaking since the purpose of the mquest, copying and serving without adjudicatory proceedings on change is administrative in nature and charge that party a testimony (including applications for !>ceru.es and publicstion for comment is unaccessarv. attachments,). proposed findings of fact . amendments thereto, Therefore, the Table of Contents and and conclus ons oflaw, and responses $ 1951.25(a)(2) are amended and Exhibit to discoveny requests. In addition, the NRC Provision of Fre's Transczfpts 8 A is deleted as follows: regulations are amended to require that Parties, including an applicant, file wrth ~ Transcripts are vsnally expensive, gg% NRC an ongmal plus two copies of each especially when fast copy is requested. A typical transcript for one day of a cop { Proceeding runs about 200 pages. The ' hhibit A-{Avanable in any Tad 1A Deice) nI d t g ongmal of such a transcript, provided EFFECTIVE DATE: July 25,192El. sthe next morning, costs about $L000: 11951.25 Review of Limited Ruources FOR F1JRTHER INFORMATION CONTACT.* 8supplementary copies coat about $100. FO and OL loans. Domas F. Dorian. Esq. OfDce of the In the S-3 proceeding. transcripts were (a) Trcquency ofreriews. Executive legal Director U.S. Nuclear requested by most public interest (1) * *
- Regulatory Commission. Washington.
groups, industry representatives and (2) The interest rate on FO loans will D.C. 20555 (Telephone- (301)-492-6690). utilities. %e principal conclusion that be increased in accordance with the - sOPPLIMENTARY rNFORM AT)O*C In order caa be drawn from that proceeding la - I Schedule in Exhibit A of this Subpart to help parties assist the Commission in almost self-evident. namely, that NRC's (avail:ble in any FmilA office.) The arriving at its decisions, the Commission offer to provide an expensive service loans will then be reviewed at least on several occasions over the past (transcripts)is attractive to most parties. Ence esery two } ears approximately 60 several years has considered proposals %ese parties, in tum, can better assist g I
J m__ u. _ _ _._ .,,- (o< s l. e53G Mr.! P.@ N / h!. '5, No. N5 / PrMay, July 25, 1933 / Rules nnd P.egulatio'ns e the Commission in arrMng at its e, Commission. Concem had been%.1 re' program of free copying and senice,- decisions. W'": expressed that free senice would vn.'. Copying and service have beeis o.--..' .P %ere is no rea' son why free encourage abuses in the form of requested by intervenors In a number of transcripts could not be made availcble overlong. unedited or unnecessary - Instances and the value of the In adjudications to parties. other than filings. In general for those who, "" assistance, both to intervenom and the. l the applicant, at the same time and location as they are made available to '. ultimately requested cop >Ing and - *2 ' quality of Commission decisionmaking. service. 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 p!!ot program would allow to the staff. they would also b~ mailed to between filings copied and served by NRC to obtain information on this effort e interver. ors. nis senice could replace the parties themselves and those copied and on any problems such a program present practice where members of the and sened by NRC at a party's request may present, as well as answer whether staff or the Licensing Board frequently This experience suggests that a NRC copying and service of testimony is lend an intervenor an extra copy of the program of free NRC copying and an incentive to timely filing. g transcript, although on a necessarily service is not likely to be abused.%e Commission does not wish to assume
- 7. ding of to Copies with the Commission irregular basis. Transenpts are particularly important to the many this responsibility for all classes of -.
10 CFR 2.708{d). file or sene documents Parties in licensing proceedings, under intenenors who attempt to make their documents, since this would create f' cases on cross-examination. substantial delay. It has, however. - as follcws: the original and 20 copies Herefore, the Commission has - identified several categories of with the Commission, and one copy on decided to initiate a one-year pilot ' documents which are bulky, but do not each party and on members of the. j program to provide free transcripts on arise frequently. neir service by the hearing pan'el in question. ne 20 copies the basis previously described. Commission would thus relieve parties flied with Docketing and SenIce are for Licensing Boards will have the of a substantial burden without the Commission's convenience for k disegetion toixiotrol the distribution of introducing substantial defay. nese internal informa tional distribution; the I 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 ofintervenors, or to fact and conclusions oflaw, and (3) Dese 20 copies are not adequate for i only those phases of a hearing in which responses to discovery requests. In intemal NRC distribution needs. In k' an intenenor intends to participate. selative terms. senice of these practice Docketing and Service p . NRC Prmision of Pree Cop 3 ng and documents need not be as rapid as items distributes some copies upon receipt; i h such as briefs or motions. A rough look making additional copies creates a time at filings in licensing proceedings, lag of up to several days. Since the i Most licensing proceedings produce indicates that these documents tend to copies Docleting and Senice sends out y dozens of filings. It should be noted that, be al.:tively bulky. Also, documents are info:Tnational, the Commission p frequently, parties in complex con'ainin ?estimony and exhibits perceives no tight time corjstraint on a proceedings routinely serve more people contsin substantive contentions and are, internal information distribution; the tJ than necessary. particularly in those in eflet the " essence" of NRC normal time lag necessary to allow NRC 7 proceedings in which cerfsin aspects of proceedings. By processing them. NRC to do all copying ofinternal distribution F an issue have been heard before a!! would be copying and serving a inconvenience. %erefore, the documents would not cause I levels of NRC adjudicatory boards. substantial amount of the number of +I parties tend to compile senice lists pages filed. a service which would have Commission has decided that all parties. which reflect the entire history of the high payoffin terms of reducing costs to including applicants, need file with the t proceeding.,rather than being tailored to interrenors, without substantially Commission only an original and two [ the particular paper being filed. Random impeding the progress of the ~~. copies; the original would go to the checks of service lists show that this . adjudicatory process. docket file, one copy would go directly r I sort of error acendnts for between 3 and - Copying and senice of these to the Public Document Room, and the t 7 extra copies made and distributed. documents by the commission may other copy would be used for . De Commission wishes to emphasize cause some very small delay in the reproduction. that parties should be aware that hearing process. A licensing proceeding Antitrust Pr'oceedings service is required only on the may require several rounds of testimony Commission br the pertinent 'and an opportunity to file proposed NRC will not provide free transcripts i adjudicatory board and the parties, and findings of fact and conclusions oflaw. and free copying and sen-ice in antitrust that parties endeavoring to hold down (Responses to discovery requests are - proceedings.%e studies of fi!Ings have their costs should carefully monitor their. also filed. but not on a tight time been confined to health, safety, and k service lists. schedule.) environmental licensing proceedings. 4 1 In December 1977. the Commission At least five days would be required While the Commission believes that the t authorized the Docketing and Service for each set of documents to reach the changes would substantially assist i Branch to copv and serve submissions in Commission and be copied and mailed interrenors in those proceedings without the S-3 proceedmg. if requested to do so to the parties and board members. Introducing substantial delay, it.does r ~{ by parties to the proceeding. Each part) ! Herefore, the rule provides that not know whether these conclusions can l ;; requestmg this assistance served an documents filed with Docketing and be extended to antitrust proceedings. lr original and two copies on NRC. Others Service in the three categories Dere may be, in fact, substantial l* followed normal procedures, namely. . previously described should be filed not differences in the extent and general l! service on other parties and an original 'less than five days before the date at bulk of discovery between the two kinds - l! plus 20 cop:es on NRC. which they are submitted to an of proceedings In addition, the i ne results show that the availability adjudicatory board, urJess the presiding Commission does not know whether l of free copying and service had no officer provides otherwise. parties in antitrust proceedings are discernible impact on the length or On balance. the Commission has likely to need such assistance as frequency of filings with the decided to undertake a one. year pilot inten enors in health, safety, and l 0 n [. s r yi
C.a ?, y p.; :.5.1: a j E. u ud l'.czkti. s - m m 4 -e Federd Rccister ] Vd. G. f.*c. M5 l TrL =- = e c ~ De nationalbrnl supervisoty.. lictr.a o: 5 n c-d: 2 t' mto. the y process, t~gether with the inte presidir:g omcer ray arn.r-ge fueprmtion of osc ft:c trt r_rcipt ts entironment'al proceedings. G8 - ,, underEone significant change since 'se Consequently, the Commissioe. wiH Imestgate this area further before*." party, other than the applicent, uponrequest by that party.He tren Eecause these amendments relate be made auilable to a pcrty at the sarna of the forms previously used have falle m.ing any changes.. l schly to cgency procedure and practica, time and location as it is rr.ade available into disase or have been found to be of the Commission has found that good. ' to the NRC staff.lf a transcript is mailed eeg'igible value to the Office. Sirnilarly. cruse eAists for omitting notice of to the staff,it will also be mailed to the. a number of new forms have been requesting party. A presid:ng omcer has adopted to accommodate new statutory pmposed rulemaking and publicpracedure thereon, as unnecessary,and the discretion to control the distribution requirements and supervisory needs. ~ De principal f ar making the amendments effective of transcripts to parties. DRAFT 1NG INFORM ATION: (Sec.161p Pub.L B3-703.as amended.68drafter of this document was JonsthanI. in.med:etely without the customary 30 Stat.s:sp, as amended (42 U s c 22.72p );levin, Senior Attorney.Omce of the. des nodcoPursuant to the Atomic Energy Act of Dated at Washington. D.C t*us 22st day d ComptroUer of the Currency. (12 U.S C. I 1, er seg.:12 U.S C s3a s U.S 1M4. as amended, the Energy Ecorgamzation Act of 1974, as amended. July.19ao. For & Mar Ndatory Commission. - ~,. 6521 e the fo o ng Samuell.Chilk.- Adoptionof Amendment: i ktn t ! es c mendments to Title 10., Chapter 1. Code SerWF ol'A' Commi'8Im 12 CFR 4.13 is amended to read as _ _ I of TederalRegulations.Part 2is ini no.24u re.am s amt g0gow,, published as a document subject to.acaso cootrsaw a ~ *' g 4.13 Torms and instructione.(a)Nu } codification. PART 2-RULES OF PRACTICE FOR -- ~ ~ DOMESTIC L.lCEt{ SING PROCEEDINGS DEPkRTMENT OF THE T numbered forms of the Omce of tha 2.Section 2.706!dlis amended to re'ad: Office of the Comptroner of true. ComptroUer of the Currency ars currently in use: Currency CC16ML Omce &ct and fact Four.a! revirements foe Indebtedness and/or ot!:er BanksN j 2.704 12 CFR Part 4 CC u.*24X: Y, CC14:4-OL Assets to be Charg,d off by .A id) Except as otherwise prc,rided b7. Descrfption of Ott",ee W CC n:MI Combined Reports of l N*ti **I8*"I D '"U" this psti or by order, a pleading (oe cther document) other than PWc IMormaM Fh W CC um hammm Mst far &* *i *h
- correspondence sbad be filed in an b8 dN i
criginal and two conformed copica.2. Section 2.712 is amended by adding ace *cr.Omce of the ComptroUer of the CC C a e Laminahon a new paregraph (f) as foHows: 2" 4 CC14254X: Report of Exana, nation ACnow: Final rule. - CC H:6-OL Confid ntial Memorandum to l 2.712 Service of papers, methods, proof. the comptretier of the Cunency -suuu Aar.%is amendment revises 12 CC140-OX: Voluntary Charge-Offs of (f)Fue copying and sern. e. Except in CFR 4.13 the regulation which identilles instatment Loans c all forms used by the Office of the CC u:s41Repon of Visustum cn sntitrust proceeding,in any ComptroUer of the Currency (-05ce"). CCum Repen d handnah cdjudicatory proceeding on an db Cdiiond b De purpose cf the amendment la to application for a license or an amendment thereto, the Commission. update the officiallist of fonne to reflectTrust Department CC E upon request by a party other than the applicant wiU copy and serve withoutdeletions and additions made in recent CC uso OX Electnxuc Data Processas years. hamination Repre reposed EFFECRVE D AU:. jufy 25.1980. CC1451-OX: Biographicat Data Work Sheet cost to that party that party's testimony (including attachments) unions oflaw. FOR F1JRTHER INFORMAT1098 CONTACT CC 1457-01 Report of National Bank Examiner for Week Endma-findings of fact and con and responses to discmery requesis. Jonathan L levm. Semor Attorney. CC nas-OX:Im estment Sheet (Trust Office of the ComptroUer of the Departmant) These documents should be filed with Docketing and Service not less than fiveCurrency 4901.T.nfant Pieza East. S.W.,CC 1000-AX: Examiner's Credit une Sheet days before they are due to be Wa shington. D C. 20219, Telephone: CC 10010L Peruna!. Fann or Ranch, submitted to an adjudicatory board. (202) 447-1177.
- naca! Interior Statement unless the presiding omccr provides suret.wt.xT ARY cxFonuATioec %is CC1 amendment conforms to the requirement CCloodoX Financial Sta CC1ec3-OX Escaltoteun ctherwise.'
- 3. Section 2.750 is arnended by addingof 5 U.S C. 552 that each agency publish CC teo4-OX: Real Estate MartgageIndirect Line o new paragraph (c) as foUows:
in the Federal Register descriptions of CC1605-OX: Consumer nnant agency forms and instructions which are CC 16050X: Consumer nnance-Put i2 m W W m oden W available to, and may be obtained by toans CC 160*-OL nie Comments., Trade the public.The amendment revises those portions of 12 CFR 4.13 whichlist Checking. Credit Investigat ons. Average (c) Free transcript: Except in an 3 antitrust proceeding. in any adjudicatory the numbered and unnumbered forms Balances. etc. proceeding on an application for a currently used by the Omce. Also, the CC1sooOL Bonds-Description CC 100%OX: Counte.ral Sheet amendment provides more specific CC 16204L D rect 14ase Firancing informa11on for ob!aining coptes of. CC 1stt-OL Co11.ters! une Shp j hs. o ed b e n s l Comrreon Nouce of an uter.s,ac id appear inOmce forms. l l the Federst Reg ver. e e ,,,w.,. ~ ""}}