ML19330C248

Forwards 800725 Fr Notice Re Procedural Assistance Change in Adjudicatory Licensing Proceedings (Ref Spent Fuel Pool Mod Proceeding)

ML19330C248
Person / Time
Site:	Big Rock Point File:Consumers Energy icon.png
Issue date:	08/06/1980
From:	Goldberg S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Grossman H, Paris O, Shon F Atomic Safety and Licensing Board Panel
References
NUDOCS 8008080135
Download: ML19330C248 (4)

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UNITED STATES NUCLEAR REGULATORY COMMISSION o.

h WASHINGTON, D. C. 20555

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August 6,1980

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Herbert Grossman, Esq., Chairman Dr. Oscar H. Paris i

Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board "Fanel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D. C.

20555 Washington, D. C.

20555 Mr. Frederick J. Shon Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission THIS DOCUMENT CONTAINS POOR QUAL.lTY PAGES In the Matter of CONSUMERS POWER COMPANY (Big Rock Point Nuclear Power Station)

Docket No. 50-155 (Spent Fuel Pool Modification)

Gentlemen:

Enclosed please find a copy of a Federal Register notice published on July 25,1980 (45 Fed. R_eg. 49535) regarding amendments in NRC regulations to provide a one-year pilot program of procedural assistance in adjudicatory licensing proceedings.

Sincerely, k

Steven C. Goldberg Counsel for NRC Staff Enclosure As stated cc w/ encl.: Philip P. Steptoe, Esq.

Joseph Gallo, Esq.

John A. Leithauser John O'Neill, II Christa-Maria Ms. JoAnne Bier Barbara J. Godwin Mr. Thomas Dammann Judd L. Bacon, Esq.

Ms. Marcy Brown Karin P. Sheldon, Esq.

Mr. Gordon Howie Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Appeal Board Panel Docketing and Service Section-80080.80135

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, '40535 i*

Ted:ral Register / V 1. 45. No.145 / Friday July 25, 1930 / Rufes' end' Regciglions f;,

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days prior to the anniversary date of tha lo reduce cost burdens for parties la J. we.

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, artic.n is 14 en as a result of an

,. i.e- ; w Commisson adjudicatorylicens!ng w f,

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f administrative decision.

nota.,.e 34-A proceedings on applications for licenses *

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I urt CTIVE D ATE: July 25.1980.

Id p r.. and amendments thereh Several ptg

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ren rw.Teta ruronwrioN CONTACT:

dit Abtetad)'

, proposals were musidera is tY w u -.

.s Carl O. Opstad. Farm Real Estate Loan Note.--nis d cument has been reviewed context of the S-3 ruftmaking on the

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yf Daision. Farmers Home Administration.

USDA.14th and Independeiice Avenua, k'.

uranium fuel cyde. See 42 FR 13305 4

""ce Pa 1 9

m (March 13.1977). 43 FR W)5 (Apr31L tj i

SW. Wa shington, DC 20250. Telephone:

the determination of rmHA that the p-eposed

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(M2) 447-4572.

action does not constitete armajor FedersF lir/8), and 44 FR 45M2 (Aug.rst ?2.1sr/D). g y..

The FinalImpact Statement action signitcantly affecting the quality at From that proceeding the Commission d

a describirig the options considered in human environment and la accordance with hoped to gain specific experience with.

e, doeloping this final rule and the frapact the National Ensironmental policy Act of providing free semce of documents and ofimp'cmenting each option is available im Pub.1.91-190. a n Envuamental Impact free transcripts and to use the 8' *'"' I* * ' 'F9"" *d-experience to develop general pohcy on request from the Office of the Chief.

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Duectis es Ma nagement Branch. Farmers (7 USC 1989 delegation of actborit by the with respect to adjudicatory.

liom2 Administration. Room 6346 South

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,El!gibiDt'y for NRC PmceduraI,' ],'

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(I proceedinga.

Agneulture Building.14th and Development.7 cm 2.m)

Independence Avenue.SW, Dated:!une 2e, satt Assistanca

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Washington. DC 20250.

$tJPPLEM ENT ARY INFORMAT)CM: Dis One attemative with respect to l,

final cetion has been reviewed under Procedural assistance is to provide it to full participants. Le., parties, who submit usDA procedures established in

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$* *< an affidavit to the Hearing Board Il Secret ry's Memorandum M55 to implement Executive Order 12M4. and'

" 6tating, with brief factual support, that p"

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I has been classifi%d "not significant".

their abili to participate weeld be e

.'his action will save time and reduce signmcan y impaw wh %

NUCLEAR REGULATORY assistance. Under this altemative the pap rwork. lf the exhibit were to stay in COMVISSION

~ Commission would have had to provide the I sferal Register, each time the interev

• rh-7,ed it would be 10 CFR Part 2 the Boards and parties with some necessan to bring this exhibit up-to-guidance as to who would ordinarily -

date. Removing this edibit and making Procedur3! Assistancein Ad}udicatory qualify for assistance under this 4

it avellable in any FmHA office is the IJcens!ng Proceedings standard. However, offering procedural 1-most prompt way to provide information assistance to allintervenors without en interesi rate changes.

SCEMC't:U.S. Nuclear Regulatory qualification might offer enough savings.

He Farmers Home Administration Commission (NRC).

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

Action: Effective rule.

qualified to receive assistance. to be,

section 1951.25(a)(2) an'd deletes Exhibit worth the extra expense of assisting a suuuAny:NRC is amendmg its few additional Intervenors. On the other A from Subpart A. part 1951. Chapter XVill. Title 7 in the Code of Federal regulations in order to provide a one-hand. It is incongruous to charge an Regulations.

year pDot program of procedural applicant from $50.000 to $1 miDion for it is the policy of this Department that assistance m adjudicatory preceedings processing an application, and then to rules relating to public property, loans, on applications for bcenses and offer it a free transcnpt, worth on the grants benefits.'or contracts shall be amendments t'aereto, except for antitmst order of $1.000.

published for comment notwithstanding Proceedings to parties other than the On balance, the Commission has the exemption in 5 U.S.C. 553 with.

applicant by (a) upon a party's reque,st..

decided that the better alternative is to respect to such rules.%is action, Providing one transcript without c,harge provide procedural assistance to aH t'

how ever, is not published for proposa)-

to that party and (b) upon a party s parties other than an appbcant la ~

rulemzling since the purpose of tne request, copying and serving withw adjudicatory proceedings on char ge is administrative in nature and charge that party s testimorry (~mcluding applications for bcenses and pubhcation for cocunent is unaccessary. attachments), proposed findings of fact. amendments thereto.

Hireforr. the Table of Contents and and conclusions oflaw, and responses 11951.25(a)(2) are amended and Exhibit to discoverey requests. In addition the NRC Provision of Frie Transcripu

{

A is deleted as fo!!ows:

regulations are amended to require that Transcripts are vsna11y expensive.

Parties. Includmg an apphcant, file with

, specially when fast copy is requestid.

Table ct contents

. NRC an ongmal plus two ceptes of each A typical transcript for one day of a.

Proceedmg runs about 200 pages. %e hhibit A--{As eilable in any FmHA Office) ongm j a a twenty copies.

origmal of such a tranacript, prtmded EFFECTTVE DATE: July 25.19ml.

sthe next mornmg. costs about $1.000:

11951.25 Review of t.bnited Resources FOR FtJRTMER INFORMATION CONTACT:

! supplementary copies coat about $100, 70 cno ot. loana.

nomas F. Dorian. Esq. OfCce of the In the S-3 proceeding. transcripts mere (a) Frequency ofreview.

Executive legal D,irector. U.S. Nuclear requested by most public interest I

(1) * *

• Regulatory Comm:ssion. Washmgton.

groups, industry representatives and (2) he interest tate on FO loans will D.C. 20555 (Telephone: (301}-492-8690).

utilities. %e principal conclusion that l

be increased in accordance with the SUPPLEMENT ARY DJORM AT)oac In order can be drawn from that proceeding la Schedule in Exhibit A of this fabpart to help parties assist the Commission in almost self. evident, namely, that NRC's l

(available in any FmHA offi 2.) %e arriving at its decisions, the Commission offer to provide an expensive service lear:s will then be reviewed at least on several occasions over the past (transcripts)is attractive to most parties.

Cnce svery two years. approxirnef ely 80 several years has considered proposals

%ese parties, in turn. can better assist l

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I*c&ral Registor / Vol. 45. No. Its / Triday July 23, 230 / ~ Rules and Reg.Jations 1

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the Commission in arriving at its W' i. expressed that free senice would-. % a. a w h Commission. Concern had beeii 'J2 N4 Yrogram of free cop)ing and service.-

decisions.

nere is no rea' son why free ;. W.v encourage abuses in the form of. S.

• requested by intervenors in a number of m-Copying and service have been t-

. r transcriMs could not be made available filings. In general, for those who,' *. overlong. unedited or unnec instances and the value of the In adju$ cations to parties, other than 1

the applicont.Tet the same time and ultimately requested copying and ^*'

' quality of Commission decisionmaling, may be worth the gnodest delay entaued.

location as they are made evallable to - ~ service, there were no significant. ;

the NRC staff. If transcripts are mailed differences in length or frequency A one-year p!!o! program would a!!ow to the staff. they would also be mailed to between filings copied and, served by. NRC to obtain information on this effort

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intervenors.nis service could replace the parties themselves and those copied and on any problems such a program present practice where members of the and served by NRC at a party's request.

may present, as well as answer whether staff or the 1.icensing Board frequently nis experience suggest: that a NRC copying and senice of testimony is lend an intenenor an extra copy of the program of free NRC copying and an incerttive to timely filing.

F transcript, although on a necessarily service is not likely to be abused.%e

.- - Commission does not wish to assume F %'oM Coples a b Comdsdon irregular basis. Transenpts are particularly important to the many s,

this responsibility for all classes of ~.-

Parties in licensing proceedings, under intervenors who attempt to make their documents, since this wou!d create 10 CFR 2.708{d), file or serve documents cases on cross-examination.

substantial de!ay. !! has, however. -

as fo!!ows: the original and 20 copies nerefore. the Commission has -

Identified several categor!es 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.

program to provide free transcripts on. arise frequently. neir senice by the hearing pan'elin question. ne 20 copfes the basis previously described...,. ; ;

Commission would thus relieve parties filed with Docketing and Senice are for 1.icensing Boards wiD have the.

'of a substantial burden without the Commission's convenience for discytion toix>ntrol the distribution of introducing substantial delay. nese Internal informational distribution: the transcripts to parties-for example, to categories are:(1) testimony (including appropriate Board and the parties are limit distribution to some but not aH of a attachments). (2) proposed findings of served separately.

consolidated group of intervenors, or to fact and conclusiens of law, and (3) nese 20 copies are not adequate for only those phases of a hearing in which responses to discovery requests. In laternal NRC distribution needs. In an intervenor intends to participate.

relative terms, service of these practice. Docketing and Service C Pron. fon of Free Copying and documents need not be as rapid as items distributes some copies upon receipt:

s 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 Most licensing proceedings produce Indicates that these documents tend to copies Docketing and Service sends out dozens of filings. It should be noted that. be relatively bulky. Also. documents are Infonnational, the Commission frequently. parties in complex containing testimony and exhibits Perceives no tight time constraint on proceedings routinely serve more peopie contain substantive contentions and are, internal information distribution: the than necessary. Particularly in those in effect the " essence ** of NRC normal time lag necessary to allow NRC proceedings in which cerfain aspects of proceedings. By processing them. NRC to do au copying ofintemal distribution an Issue have been heard before all would be copying and sening a documents would not cause levels of NRC adjudicatory boards, substantial amount of the number of Inconvenience.Derefore, the parties tend to compile service lists pages filed. a service w hich would have Commission has decided that aU 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 on'gtnal and two the particular paper being filed. Random impeding the progress of the ~~ n..

copies; the original would go to the checks of service lists show that this adjudicatory process.

m docket file, one copy would go directly sort of error accotInts for between 3 and - Copying and senice of these to the Public Document Room. and the F

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 service is required only on the may require several rounds of testimony Antitut Pr'ongs Commission br the pertinent

'and an opportunity to file proposed NRC will not provide free transcripts 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 Proceedings.ne studies of filings have their costs should carefuUy monitor their.. (Responses to discovery requests are also filed. but not on a tight tima been confined to health, safety, and service lists.

schedule.)

eniironmental licensing proceedings.

In December 1977. the Commission 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 vcould substantially assist 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? ! Derefore. the rufe provides that

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not know whether these conclusions can requestmg this assistance served an documents filed with Docketing and be extended to antitrust proceedings.

a original and tv.o copies on NRC. Others Senice in the three categories nere may be. In fact, substantial followed nonnal procedures, namely.

. previously described should be filed not differences in the extent and general service on other parties and an original

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

plus 20 copies on NRC.

which they are submitted to an of proceedings. In addition. the ne resu!!s 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

, inten enors in health, safety, and l

y s

40537 3

dtims

/ Yr' O. No.145 / Friday Ju!y 25,2tS3 / R. des t.:. ' r.

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' ne n.tionalbcnk supervisxy.p. e..jp

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Fedu.J T.ci..

wss, tq; ether with the internal lianse or an amendment thcrets.the 7 administration of the Omce,have 5 p.

presiding omcer may arren;;e fue l

en\\irc.eent'al proceedinga.

' provision of one fme trec cript t:p a ~ ~ 3'.'

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iConsequently, the Commirsbn vr l st comprehensively ;,

4 party, other than the applicant cponrequest by that party.The t 4crestipte this area further before.

redewed in 1976. Consequently. sn J

l l mtty eny r,hanges..Beause these arnendments re!ete be made available to a party at the sameinto disuse or have been found to be o time and location as it is made avacableto the NRC ctaff.

' the Ccmmission has found t'st good.! sefely t3 egency procedure and practica a number of new forms have been to the staff it will also be mailedio the cause exists for omitting notice'of adopted to accommodate new statutory requesting party. A presiding officer has f

' p oposed rulemaking, and pobhc requirements and supersisory needs.

d the discretion to control the distribution

• procedure thereon, as unnecessary, an 4

The principal for muling the amendments effective DRAFTING INF ORMATION: draft of transcripts to parties.

immed.ately without the customary Id -

(Sec.161p., Pub. L 83-703. as amended. 63Statmep, as amen Levin. Senior Attorney.Omce of the.

N' "DUC o the Atomic Energy Act of Dated atWoohington.D C this 21st day of Comptroller of the Currency.

Pursuant t (12U.S.C i1.el seg;12 U.S C tr31:

3 U.S.C.

1C54.as emended. the EnergyReorg nization Act of 1974, as amended.

' July.i9ao.

M i I for the Nucleat Regu! story Commission-

?

Adoption of Amendment:

e. the fol ins S**"*3 I N J

amrndments to Title 10. Chapter 1. Code Sec'**tY *f'A' Com*l83 /"

12 CFR 4.13 is amended to read as...

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ta e ef federelRegulations.Part 21s tranm a m er w -m e eas I

gogow, i

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published at a document subject to. sais o coot rsemas I 4.13 Forms and Instructions.(a)Nu

'}f e

[ codification.

numbered forms of the Omce of tha PART 2-RULES OF PRACTICE FOR - ge,p ARTMENT OF Tite TREASURY f'

DOhtESTIC f.lCEN, SING PROCEEDINGS Comptroller of the Currency are i

1.Section 2.700(d)is amended to read: Office of the Comptrollee of the.

i Current! inuse:

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CC 1co-OX: Ohrs Direct and Irdruct Currency Indebtedness and/or o'.cr Banka Formal requirements for CC14 SOX: National Bad Laminers Se

) 2.704 12 CFR Part 4 CC tc4-OX; Assets to be Charyd Off by g

N'ti **3 B'"k h**i""

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(d)Except as otherwise provided by rt or by order, a picading(or Descrip!!on of Omce ProcedM CC1M ComM Repda d -

th,is p document) other than Pubfic information;Nons and CC tcML Enminers Cbedlist fue Daminatse cther correspondence sbaD be filed in an 8

jCo Repd g8IgOU8 griginal and two confortned copies.2. Section 2.712 is amended by adding Office of the ComptroUcr of the CC1 Examination Actwcy:

CClurcOL Report of ExaminationCC o new paragraph (f) as follows:

Cunency.

i.2.712 Service of papers,methoda, proof.

ACTK Final rule. '

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the Comptroller of the Cwrency Dis amendment redses 12 CC1c7-OL voluntary CEsege-Offs of -

l (f) Free copying and serrix. Except in CFR 4.13. the regulation which identifies Instalment Lean 8d 'I Vi""*ti "

SUMMARY

cn entitrust proceedmg.In any all forms used by the Office of the CC8C84 X E'P cdjudicatory proceeding on an Comptro!1er of the Cunency (" Office).

CC 1M.Repod d Examinah Spplication for a bcense or anamendment thereto,the Commission.

The purpose of the amendment is to the Codsoa of es CC mumhW t

et an a g

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ran iU co ac ew

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cost to that party 1 at party's testimony years.

EFFECTIVE D ATE: july 25.1980.

CC1457-OX: Report of Nabonal Bank fla FOR FURTMER INFORMATICM CONTACM Examiner for week Ending-i fact nd n us n Jonathan 1.14vm. Senior Attorney.

CC item)X: Investment Sheet (Trust end responses to discovery requests.

n Office of the ComptroIIerof the These documents should be filed with Departmenti CC teco-AX: Examiner's Credit une She

- Docketing and Service notless than five Currency. 490 l' Enfant P!aza East. S.W.

Wa shington. D.C. 20:'.19, Telephone:

CCleot-OX:Perscaal. Farm or Ranch,

days before they are due to besubmitted to an adjudicatory board.

EscalInterior Statement (202) 447-1177.

SUPPt.EMENT ARY ptFORMAT104C Dis CC1eo2 OX;nnancia! Statement-Business CC10 unless the presiding officer provides amendment conforms to the requirement CC teo3-OX:nacal Interim

3. Sec' ion 2.750,ta amended by adding of 5 U.S.C. 552 that eoch age.ncy publish ctherwise.'

CC 1004-OX: Real Estate Mxtgage CC 10cM)X: Consumer Finance Indire in the Federal Register descriptions of o new paragraph (c)as follows:

agency forms and instructions which are CC leco-OX: Consumer Fin available to, and may be obtained by CC 1e07-0L We Comments. Trade N"d*"'

tans I #'*

the public.%e amendment revisesthose portions of 12 C Cbedits CmuInvestigay ns. Asunse o

(c) Free transcript: Except in an cntitrust proceeding. In any adjudicatory the numbered and unnumbered fanns CC 1608-0K Bonde-encription Batances, etc.

proceedu.g on an application for a CCicoMM Countern! Sheet ar.cndment provides more specific CC 161M)X: Direct Lease Unancing

• Tbs paras ph shs!!be la e5ect for one rea, information for obtaining copies of CCis11-OX: Counters! une S!4ps

own lu! s touo untru ntnded t, theCoaunnaion Notice of an exterson wi!! appearla Office forres.

3 the rede at Resswe.

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