ML19330C036

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

ML19330C036
Person / Time
Site:	Braidwood
Issue date:	08/04/1980
From:	Karman M NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Callihan A, Cole R, Mark Miller Atomic Safety and Licensing Board Panel
References
NUDOCS 8008070451
Download: ML19330C036 (5)

Text

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HRC Central mgggy DOCE i.ii1 COM OELD FF (2)

Shapar/Engelhar Christenbury/Scinto MKarman/chron (2)

August 4, 1980 RGoddard SGoldberg CMoon, ll6C Phil.

In the Matter of COMMONWEALTH EDISON COMPANY (Braidwood Station, Units 1 and 2)

Docket Nos. 50-456 and 50-457 To the Braidwood Service List:

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

Sincerely, Myron Karman Counsel for NRC Staff Enclosure As stated cc w/ encl.: Marshall E. Miller, Esq.

Dr.' A. Dixon Callihan Dr. Richard F. Cole Paul M. Murphy, Esq.

Ms. Bridget Little Rorem C. Allen Bock, Esq.

_ Thomas J. Gordon, Esq.

Region III Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Appeal Board Panel Docketing and Service Section THIS DOCUMENT CONTAINS POOR QUAllTY PAGES 4t{

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'E h:.ur.1.y.'.c / Vul. 45. No.145 / Friday July 25, 1930 / RSes and Regda.tions

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7 donis taken as a result of an days prior to the anniversary date of the - to reduce met burdens for parties la y,-.

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s;.ministratine dicision.

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. Dommisson adjudICatorylicensing

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smetivt caTE: July 25.1930.

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. proceedings on applications forlicensee ~

p sc.i runTutn rNronuatioN contact:

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'".r.,.. and amendments ocee. Saved M

. Proposals were considered in the

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C.rl O. Opstad. Farm Real Estale loan Nota.-This document Esa been reidewed context of the S-3 rulemaking on the

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D3ision. Farmers Home Adm}nistration.

USDA.14th andIndependence Avenue.

k En urardum fuel cycle. See 42 a 13aos e O,-

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s March 13.1M 43 R MS (Aprd 14.

g SW. Wa shington. DC 20 50. Telephone:

the determination of FmHA that the pmposed (02)447-4572.

action does not constrfbte s' major Tederal 1978), and 44 FR 45382 (August 12.1979). - -

2, t 4 The FinalImpact Statement action signir.cantly arrecting the quality a From that proceedmg the Commission g.! l dncribing the options considered in human environment and in accordance wuh hoped to gain specific experience with.

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deseloping this final rule and the impact the National Ensironmental Policy Act of providing free service of documents and

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1969. Pub.1.91-190. an Envuonmental Impact free transcripts and to use the ofimplementing each option is avsilable 8 k m'"' "*8 "9"*d-experience to develop general policy ca request from the OfLce of the Chiet Directives Management Branch. Farmers p USc.19as defesation d authority by the with respect to adjudicatory.

4 Hume Administration. Room 6346 South

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,Eligibmt'y for NRC Procedurai',,,],,

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3 Agneulture Building.14th and Des elopment. 7 C7R 2.7a) in, dependence Avenue.SW, Dated: June :s. ssaa Assistanos

% ashington. DC 20250.

rdon Caswd One alternative with respect to SUPPt.E M EKT ARY INFOnW 4 TION; This final action has been renewed under procedural assistance is to provide it to full participants,i.e parties, who submit USDA procedures established in I'*U"**"""****"'

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an affidavit to the Hearing Board

!.;r Secretary's Memorandum 1955 to implement Executive Order 12044. and'

" stating, with brief factual support that j..

their ability to participate would be 3 '

has been classified "not signiEcant".

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'W his action will save time and reduce NUCLEAR REGULATORY paperwork. lf the exhibit were to stay in assistance. Under this alternative the 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 partin with some necessary to bring this exhibit up.to-guidance as to who would ordmardy -

i date. Removing this exhibit and making Proceduraf Aasistance in Ad}udicatory qualify for assistance under this

-'l it available in any FmHA office is the g.Jcensing Proceedings standard. However, offering procedural

..J assistance to all intervenors without

- 1 most prompt way to prodde information on interest sate changes.

ACENCT:U S. Nudear Regulatory qualification might of'er enough savings.

ne Farmers Home Administration Commission (NRC).

from not having to decide who was amends the Table of Contents and

, ACTior. Effective rule.

qualified to receive s'ssistance, to be section 195125{a)(2) add deletes Edtibit worth the extra expense of assisting s' suuuAnv:NRC.is amendar g tta few additiona! intervenors. On the other A from Subpart A. port 1951. Chapter XVill. Title 7 in the Code of Federal ngulations in wder to p-ovid 2 a me-band,it la incongruous to charge an Regulations.

year pilot pmgram of pmcedural applicant from $50.000 to S1 mminn for it is the policy of this Department that assistance in adjudicatory pmceed!ngs processing an application, and then to rules relating to public property, loans, on applicatius for W.as and offer it a free transcript. wwth on the grants. benents, or contracts shall be amendments thereto, except for antitrust order of $1.000.

published for comment notwithstanding Proceedings, to parties o6er than the On balance. the Commission has the exemption in 5 U.S.C. 553 with applicant by (a) upon a party's reqant.

decided that the better alternative is to respect to such rules.his action, providing one transcript without charge.

provide procedural assistance to all however,is not published for proposag-to that party and (b) upon a party's parties o6er than an appbcut in.

'i' ru!emaking since the purpose of the reqtiest. copying and serving wi6out adjudicatory pmceedings on

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change is administrative in nature and charge that party's testimony (including applications for Lcenses and p:blication for comment is unnecessarv. attachments) proposed findings of fact. amendments thereto.

Ther.tfore, the Table of Centents and and conc!usions oflaw, and responses 8 1951.25(a)(2) are amended and Exhibit to discoverey requests. la addition, the NRC Provision of Free Transarpta

~

A is deleted as follows:

regulatius are amended to require that Transcriots are usnaTy expensive.

parties,includmg an applicant. file with especially when fast copy is requested.

Tsbre of contanta NRC an original plus two copies of each A typical transcript for one day of a proceeding runs about 200 pages. ne Exhibit A--{AvailaMa la any FmHA OtSce) original and twenty copien, origuial of such a transcipt, prtnnded EFFECTTVE DATE: july 25.1910.

sthe next morning, oDSts about $1.lX)a; I1951.25 Rev5ew of Umrtad Resources FOR F1.lRTMER INFORMATION CostTACTt

! supplementary copies coat about $100.

F0 and ouoans, nomas F. Dorian. Esq. OfBce of the in the S4 proceeding, transcripts were (a) frequency ofreriewa.

Executive Legal Director. U.S. Nuclear requested by most public interest (1) * *

• Regulatory Commission. Washington.

groupa, industry representatives and (2) The ;nterest rate on FO loans wil}

D.C. 20555 (Telephone: (301}-432-8600).

utilities.De principal conclusion that be increesed in accordance with the si.rePu[MENTARY INFORM AT)Oet In ordee can be drawn from that proceeding in Schedule in Exhibit A of this Subpart to help partic.s assist thea m m m aion in almost self-evident, namely, that NRC's

[as ailable in any FmHA office.) ne arriving at its decisions, the Commissim offer to provide an expansive service leans mil then be redewed at least on several occasions over the past (trar.scnpts] is attractive to most parties.

once s.ery two n ears, approximately 60 several years has considered pmposals Desa parties, in turn, can better assist W

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536 Federal Re@!ct / cl O *.*.

'. My 25. ICO3 / Rules and Regulations 49

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! ' - i the Commission In arriving at its '..% Co:r.mbn Cm x. La d been" '.1.*r program of free copying and service, decisions..

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Ji nere is no rea; son why free ry%.-

expreaed that fr(e se.sice would Cop >ing and service have been * <~..

encourage abuses in the form of requested by intervenors in a number of transcripts could not be made available overlong. uraited or unnecessary -

Instances and the value of the -

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in adjudications to parties, other than filings. In general. for those who ". '" assistance, both Io interrenors$nd the the applicant. at the same time and ultimately requested copying and - r

' quality of Commission decision, making.

y location as they are made available to -.

servite. there were no significant.

may be worth the roodest delay entailed.

the NRC stafT. lf transcripts are mailed differences in length or frequency A one.3 ear pilot program would aUow l

5 to he stafr.they would also be mailed to bet ~cen filiass correa and served by.

NRC to obtain information on this efrori d

intervenors.nis service could replace the parties themselves and those copied and on any problems such a program P.

present practice where members of the and served by NRC at a party's request.

rnay present, as we!! as answ er whether E

staff or the I.icensing Board frequently nis experience suggests that a NRC copying and service of testimony is lend an intenenor an extra copy of the program of free NRC copying and an incentive to timely filing.

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transcript although on a necessarily service is,not likely to be abused.'The irregular basis.Transcnpts are Commission does not msh to assume Filing of::0 Coples with the Commission mE particularly important to the many this responsibility for au c! asses of Parties in licensing proceedings under y<

inten enors who attempt to make their documents, since this would create to CFR 2.708(d). file or serve documents cases on cross-examination.

substantial delay. It has, hewever, as follows: the original and 20 copies I

nerefore. the Commission has identified several categories of with the Commission. and one copy on i

decided to initiate a one.3 ear pilot

' documents which are bulky, but do not each party and on members of the.

i program to provide free transcripta on arise frequently. Deir senice by the hearing pan'elin question. De 20 copies i

the basis previously descibed.

Commission would thus relieve parties fUed with Docketing and Senice are for F

1.icensing Boards wiB have the of a substantialburden without the Commission's convenience for discretion to noo*.rol the riistribution of introducing substantial delay.nese laternal informational distribution: the

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transcripts to parties-for example, to categories are: (1) testimony (including appropriate Board and the parties are limit distribution to soine but not all of a attachments). (2) proposed findings of served separately.

w consolidated group of intervenors, or to fact and conclusions oflaw, and (3) nese 20 copies are not adequate n,ot k.

only those phases of a hearing in which responses to discovery requests. In Internal NRC distribution needs. In C

an intenenor intends to participate.

relative terms. service of these practice. Docketing and Service e

. NRC Pron..sson of Free Copying and documents need not be as rapid as items distributes some copies upon receipt:

such as briefs or motions. A tough look making additional copies creates a time b*

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at filings in licensing proceedings.

lag of up to several days. Since the t

Most licensing proceedings produce indicates that these documents tend to copies Docketing and Senice sends out dozens of filings. It should be noted that. be relatively bulky. Also, documents are informational. the Commission frequently, parties in complex containing testimony and exhibits perceives no tight time constraint 'on

j proceedings routinely serve more people contain substantise contentions and are, intemal information distribution: the L

than necessary. particularly in those in effect the " essence" of NRC normal time lag nesessary to allow NRC proceedings in which ceriam aspects of y

an issue have been heard before all proceedings. By processing them. NRC to do a!! copying ofinternal distribution would be copying and sents a documents would not cause levels of NRC adjudicatory boards.

substantial amount of the number of in' convenience. Herefore, the i

parties tend to compile service 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 proceeding, rather than being tailored to intervenors, without substantially Commission only an original and two the particular peper bema filed. Random impeding the progress of the " n copies: the original would go to the checks of service lists show that this sort of error accodnts for between 3 and -. adjudicatory process.

to the Public Document Room, and the docket file, one copy would go directly Copying and service of these 7 extra copies made and distributed.

documents by the commission may other copy would be used for l

. De Commission wishes '.o emphasize cause some very small delay in the reproduction.

that parties should be aware that bearing process. A licensing proceedW service is required only on the may require sever mL - iesumony

,.m,g wg, J

Co nrnission br the pertinent

'and an opportunity to file proposed NRC will not provide free transcripts adjudicatory board and the nW. r..".

ruvtings of fact and conclusions oflaw.

and free copying and service in antitrust r

t.

that parties endeavonng to hold down their costs should carefully monitor their.. (Responses to discovery requests areproceedings.The studies of filings have i

also filed. but not on a tight time been conrtned to health. safety, and service lists.

schedule.)

environmen tal licensing proceedings.

In December 1977. the Commission At least Sve days would be required while the Commission believes that the authorized the Docketing and Service for eacn set of documents to reach the changes would substantially assist i*

Branch to copy and serve submissions in Commission and be copied and mailed intervenors in those proceedings 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?

• nerefore, the rule provides that not know whether these conclusions can requestmg this assistance served an documents filed with Docketing and be extended to antitrust proceedings.

original and two copies on NRC. Others Senice in the three ca tegories nere may be. in fact, substantial follow ed normal procedures. namely, previously desenbed should be filed not differences in the extent and general i

service on other parties and an original

'less than five_ days before the date at bulk of discovery between the two kinds

• I plus 20 copies on NRC.

which they are submitted to an of proceedings. In addition. the ne results show that the availability adjudicatory board. unless the presiding Commission does not know whether 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

, Intervenors in health, safety, and 1

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.]

rederal Registar / Vol. 45. No.145 / Friday Ju!y E r.a /.m :..."

a C ".37 I

~ ne nctict.: Lt.-1 s :p rvisory.

!! cense or an amendment ther-to, t'.e y ensironmental proceedinge.

pers. tt:0.n s.;i t'.e intemal;....j,

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investigate this area furthee before

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• presiding omcer may arrarqs for Cor.sequently, the Commission wiH

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adnhistat:en c." t'.: 0.7,ce have % -

prodsion of one free trans::npt in a party, other than the applicant. upon

, s..::ca 4.13 w a 1:tt c:mprehensively.?

request by that party.The transcript wi3, une'erpne s'gn;!"=nt c!.ang 6-ca)ing ary changes..

]

Because these amendments relate.

j solely to agency procedure and practice. be made available to a party at the same rtv!ss. ed in tro. Co=wpently. rnarry the Commission has found that good.

time and location as it is made as anable of the forms previoucly ur.ed have falle_e,

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cause exista for omitting notice of to the NRC staff.If a transcript la mailed it4to disuse or Ecve been found to be of,

t proposed rufemaking. and public to the staff,it will also be mailed to the nag!!sible value to the Omce. Similarly.

.j procedure thereon, as unnecessary, and requesting party. A presiding omeer has a mtrnber of new forms hase been for making the amendments effective the discretion to control the distribution ehpted to accornmod.te cew statutory immed:ately without the customary 30 of transcripts to parties.

requirements and supervisory needs, days notice.

[Sec.161p Pub. t. 83 703. as amended, ea t.. rTING INFO *.f.sgyggy; Qg prjDCipa!

Pursuant to the Atom.ic Energy Act of Stat.94sp. as amended tu ES C :.rtp );

duf:cr of this document was Jonathan I.

1954 as amended, the E.tergy Dated at Washington. Ilt this :1st day d tevin. Senior Attorney. OGce of the Reorganization Act of 1974, as amended' july.19so.

ComplicUer of the Ci.trency.

For de &cim Regulatory Chssu

{12 ES C l 1. et sew 12 RS C U M Un da s

,t fo o amendments to Title 10. Chapter 1. Code Samval J. Chi!L.-

4 21 of Federal Regulations. Part 2 is Semery ofde Commissio*

Adoption of Amendment:

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pub!!shed as a document subject to in Da ao.m. w.a eas i 12 CFR 4.13 is armended to read as codification.

. anao coot mo454 g0go,,

f PART 2-RULES OF PRACTICE FOR -

l 4.13 Forms and instructions.

doi.'ESTIC,UCENS!NG PROCEEDINGS DEPARTM5NT OF THE TREASURY ~

(a) Numberedforms. ne following '.

1. Section 2.708(d)is amended to read-numbered forms of the OfDce of the Office of the Comptror.cs of the.

ComptroUer of the Currency are i 2.70s Formal requeramenta for Currency currently in use:

12 CFR Part 4 CC 140tWX: OQers Direct and Idrect Indebtedness and/or other Banka (d) Except as otherwise prtmded by g

- CC1c:-Ox. National Ead ham:r.e4 5 d CCIc4-OX: Asaets to be Chargw!Off by I

this part or by order, a pleadir g (oe I

N' ti **l B* d D ' 5**'

other document) other than Description of Office, W CC1N Combmed hporte d correspondence shah be med in an Pubnc information; Forma and E*'***"

original and two conformed copies.

8truc5008 CC14M haminers Ocese far

2. Section 2.712 is amended by adding NC ah a now psragraph (f) as follows AcEwcr.Omce of the ComptroUer of the CC Currency.

Lamination Service of papers, methods, proot l 2.7 ?2 ACTION: Final rule.

CC tus-OX. Report of Examination CC 1es-OX: Co Jidential Memorandum to (f) Free copying and service. Except in suuuARv.nis amendment revises 12 the Cocnotrolier of the Cunrocy i

en antitrust proceeding,in any CFR 4.13. the regulation which identilles CC 1c7-OX: Voluntary Charge-offs d adjudicatory proceeding on an all forms used by the Omce of the Instatment Loana application for a license or an ComptroUer of the Currency (-Omce").

CC 1c8-OL Fepart of Visitatica CC 16. Re W d Eaammah amendment thereto, the Commiss. ion.

De purpose of the amendment la to i*

cn cop se e t'

et n and a ns m P*

i ccst to that party that party's testimony years.

CC N &M M W (induding attachments roposed EFFECTIVE DATE: jufy 25.1980, haminabon Report fMdings of fact and co usions oflaw, CC 1451-OX. B.cgraphical Data Work Sheet ar.d responses to discovery requesta.

FOR FURTHER INFC~tt. TAT 10se Cot (TACT:

CC 1457-OX Report of Nabonal Bank Rese documents should be filed with Jonathan L Ievm. Semor Attorney-Exacuner for week Endmg

- Dacketing and Service not less than Sve Omce of the Comptroller of the CC 14ss-OX:Insentment Sheet (Trust days before they are due to be Currency. 490 L' Enfant P!aza Eart. S.W.

Departmenti submitted to an adjudicatory board.

Washington. D.C. 20219. Telephone:

CC 1600-AL Examiner ~a Credit une Sheet unless the presiding officer provides (202)447-1177.

CC toot-OL Persocal. Farm or Ranch,

l 8'

SUPPL.EMENTARY DtFORMAT109C Dis otherwise.'

CC1 - : nacalInterior S'atement

3. Section 2.*50 ts amended by adding amendment conforms to the requirement CC lea:-OX. Fmancial S'awnWiness a new paragraph (c) as follows of 5 U.S C. 552 that each agency publish CC leaMX: Emi tatens in the Federal Register descriptions of CC le04-OX. Real Estate Martgage I 2m m repew,W agency forms and instructions which are CC loc 5-OX. Const.mer nnance indirect line available te. end may be obtained by CC looe-OX: Cocsumes nnance--Past Due (c) Free transcript: Except in en the public. The amendment resisea loans antitrust proceeding,in any adjudicatory those portions of 12 CFR 4.13 which list CC tec -OX. nie Commenta. Trade proceeding on an application for a the numbered and unnumbered for:ns Chehg. C edd Insestigatim. Amasa currently used by the Office. Also the

'CC X bMscrik g

han Jatr :.s. lac ursu ntended by the amendmynt providea more specific CC 1t0MX-Collateral Sheet Comrem.on Notice et an ester.sion wd: appear to information for obtsuung copies of CC 1610-OX: Dirat Lean Financing the rede a: arp.,ier.

Office forms.

CC 1611-OX: Co!'atent I.ine Shp 4

.