ML19330C250

Forwards 800725 Fr Notice Re Procedural Assistance Change in Adjudicatory Licensing Proceedings.(Ref CP Extension Proceeding)

ML19330C250
Person / Time
Site:	Bailly
Issue date:	08/06/1980
From:	Goldberg S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Bright G, Cole R, Grossman H Atomic Safety and Licensing Board Panel
References
NUDOCS 8008080137
Download: ML19330C250 (4)

Text

{{#Wiki_filter:p- -...~.-m. _. _..__;.. m -- --___-_....__.m,__._.--.-.--__.._ l e pa nt ,L[ " ~%{ + UNITED STATES NUCLEAR REGULATORY COMMISSION y WASNNGTON, D. C. 20555 '+,....+[ August 6,1980 or Herbert Grossman, Esq., Chairman Mr. Glenn 0. Bright w Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Comission Washington, D. C. 20555 Washington, D. C. 20555 Dr. Richard F. Cole Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D. C. 20555 In the Matter of NORTHERN INDIANA PUBLIC SERVICE COMPANY (Bailly Generating Station, Nuclear-1) Docket No. 50-367 (Construction Permit Extension). Gentlemen: Enclosed please find a copy of a Federal Register notice published on July 25,1980 (45 Fed. Reg. 49535) regarding amendments in NRC regulations to provide for a one-year pilot program of procedural assistance in adjudicatory licensing proceedings. Sincerely, Steven C. Goldberg Counsel for NRC Staff i' Enclosure As stated i cc w/ encl.: Kathleen H. Shea, Esq. Robert J. Vollen. Esq. ilHIS DOCUMENT CONTAINS Edward W. Osann, Jr., Esq. Robert L. Graham, Esq. POOR QUAUTY PAGES Georga and Anna Grabowski Dr. Goerge Schultz t Richard L. Robbins, Esq. John Van Vranken, Esq., Chief-Clifford Mezo, Acting President William H. Eichhorn, Esq. Diane B. Cohn, Esq. Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Appeal Board Panel Docketing and Service Section 8008080{37

7 s l Feders.1 }W.IMer / Vol. 45. Nr.145 / Frid:y July 25. 1930 / Rulks' and' Regula,tions ' 49335 y.: ' u ~.- ~ ~ '"' ~ = _-- p[ [j [, k s-tien is taken as a result of an days prior to the annhersary date of the - reduce cost burdens for parties la we J. note...a. w. -.,.

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. e -. ;,, mmisson adjudicatorylicensing m,- 4: 3 s: mi.istrative decision. t < :. Proceedings on applicetions for licenses, - Nt ErFECTIVE DATE: July 25.1930.

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~b # T U' ND. rca rur:THER INFORt'ATICN COP.'TA CM gg[;$*t A(Deleted)' ~' Carl O Opstad' Farm Real Estate Loan Proposa!s wue cocsIdued is the ..( w - - t, D; vision. Farmers Home Administration. N #* d*'"*'*' h** I""ot " vie **d context of the S-3 rufemaking on the,,ds.7 9 t L'5DA.14th and Independence Avenue. $*-Nro$c uranium fuel cycle. See 42 W 13305 m* ':i,, P b ( ;A 7 5W. We shingion. DC 200.50. Telephone: the determination of TmHA that the Warch 13.1977k 43 R M15 (Apra 14. r e I 1978). and 44 G 453a2 (August 12.1979)..; - (D2) 447-4572. action 4 foes not constitute armajor F action signincandy affecting the From that proceeding the Commission g1 e ne FinalImpact Statement human enviro unent and in aczorbcality of daeloping this nel rule and the impact the National Emironmental Po!;cy Act of providing free service of documents and. 1 ce with hoped to gain specific experience with describing the o tions considered in of implementing each option is available 1909. Pub.1. 91-190. en Environmental Impact free transcripts and la use the i on request from the Office of the Chief. 8'* " ** ' I' "*' 4"I'*d' experience to develop general pohcy l Dnectives Management Branch Farmers (7 U SE 3838 d'I'E*'i * "f *"th*'i'gb Y y the with respect to adjudicatory. i, $*((,$d*D'$, Proceedings. IIema Administration. Room 8346 South j A;nculture Building.14th and Development. F CHL 2.70.) ~ , Eligibility for NRC Procedura!. ', tr.de endence Avenue.SW. Was ington. DC 20250. l l Dated. June 2e. seact Assistance e j. One ahemative with respect 2 $ UPPLEM ENTARY INFOMAT)ON:Uls A "' ' # # # " *#8 N " faal cction has been reviewed under Procedural assistance is to provide it to g, A ' ' ^ l'5DA procedures established in full participants. Le., parties, who submit e; Secret:ry's Memorandum 1955 to ' "" U - an affidavit to the Hearing Board I,. 8"N C C* 8"* *" in:plement Executive Order 12N4. and' stating, with brief factsal support. that p. has been classified "not significant". their abili to participate wocid be i nis action will save time and reduce 8!8nifican y impaired without this j NUCLEAR REGULATORY paperw ork. lf the exhibit were to stay in COMMISSION ' Commission would have had to provide "" ' " * ~ ti.e Federal Register. each time the interest rate changed it would be 10 CFR Part 2 the Boards and parties with some necess:ry to bring this exhibit up-to. guidance as to who would ordmarily - date Removing this exhibit and making Proceduraf Assistancein Ad]udicatory qualify for assistance under this F; J it evailable in any FmHA office is the Ucensing Proceedings standard. However, offering procedural rr rnost prompt way to provide information assistance to allintenenors without

i on interest rate changes.

AGEkCv:U.S. Nuclear Regulatory qualification might offer enough savings. ne Farmers Home Administration Commission (NRC). from not having to decide who was emends the Table of Contents and ' ACTION: Effective rule. qualified to receive assistance, to be, section 1951.25(a)(2) and deletes Exhibit worth the extra expense of assisting a A from Subpart A. part 1951. Chapter

SUMMARY

NRC.ts amendmg its few additional intervenors. On the other XVill. Title 7 in the Code of Federal regulations in order to provide a one-band,it is Incocgruous to charge an Regulztions.

year pilot program of procedural applicant from $50.000 to $1 miDien for It is the policy of this Department that assistance in adjudicatory proceedings procesnIng an application, and then to rules rela ting to public property. loans. on applications for t-s and offer it a free transcript, worth on the g cnts, benefits ~or contracts shall be amendments thereto, except for antitrast order of $1,000. published for comment notwithstanding Proceedings, to pa-ties other than the Os balance the Commission has the eumption in 5 U.S.C. 553 with apphcant by (a) upon a party's regnest. resp 1ct to such rules. nis action, Providing one transaipt without charge. decided that the better alternative is to provide procedural assistance to all .t how ev:r. is not published for p sal-to that party and (b) upon a party's parties other than an applicant la. requast, copying and serving without adjudicatory proceedings on rulemsking since the purpose of e c'enp is administrative in nature and charge that party a testimony (including applications for licenses and p bbcation for comment is unnecess attachments), proposed findings of fact amendments thereto. Derefore, the Table of Contents a and conclusions oflaw, and responses i1951.2.5(a)(2) are amended and Exhibit to discoverty requests. In addition, the NRC Pmvision of Free Transcripts ( A is deleted as follows: regulations are amended to require that Transcripts are usually expensive. Parbes. Includmg an appheant, file with especially when fast copy is requested. Tebte cf contenta . NRC an ongmal plus two copies of each A typical tra%t fm day of a Proceeding runs about 200 pages. De Exhibit A-{Asailable is any TadtA Ofnce) ongm I end twenty copies. original of such a transcript, provided EFFECTTVE D ATE: July 25,1950. ht e next morning, costs about $t000: I1951.25 Review of Limited Resources FOR FURTHER INFORi&ATION CONTACT: ! supplementary copies cost about $100. FO and OL loana. Romas F.Dorian Esq. Office of the In the S-3 proceeding. transcripts were (a) Frequency ofrerierr Executive I4 gal 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)-492-8690)- utilities. He principal conclusion that be increased in accordance with the stFPMMENTARY INFORLt AT)OIC In order can be drawn from that proceeding la l Schidule in Exhibit A of this Subpart to help parties assist the Commission in almost self-evident. namely. that NRC's (asail:ble in any FmHA office.) ne arriving at its decisions. the Commission offer to provide an expensive senice k.ans will then be reviewed at least on several occasions over the past (transcripts)is attractive to most parties. onca es ery two years, approximately 60 several years has considered proposala Dese parties,in ten, can better assist e e O d'a e 6

l,, ~ .. ~. -. _ -... -. i w., 3.- c. ~,. 7 r-g. ~ CD6 I'c h ! N / of. 45. No. US / Tr! day. [.dy :'.5,1933 /. Rules end Regulations =__ [l the Commfrsion In arridng at its W.Li Comrn!ssion. Concem had been37 ch program of free copying and servies.- decisions. - w

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t' nere la no rea, son why freeV'"I:.i expressed that free senice would. Copying and senice have bee' r..' ne ..Y encourage abuses in the form of ? requested by Intervenors in a number of transcripts could not be made available overlong. unedited or unnecessary, "'" ~ instances and the value of the L in adjudications to parties, other than filings. In general, for those who assistance. both Io Intervenors and the. h the applicant. at the same time and ultimately requested copying and *2 ' quality of Commission decisicmmaking. L' location as they are made available to " service, there were no significant,,' may be worth the modest delay entailed. the NRC staff. lf transcripts are mailed differences in length or frequency A one year plSt program wouf3 allow [ to the staff. they would also be mailed to between filings copied and served by intervenors. His senice could replace the parties themselves and those copied. NRC to obtain information on this effort and on any probfrms such a preparn present practice where mernbers of the and served by NRC at a party's request. rosy present as wc!! as answer whether staff or the Licensing Board frequently His experience suggests that a NRC copying and service of testimony is ( lend an intenenor an extra copy of the program of free NRC cop %ng and an incentive to timely filing. transcript. although on a necessarily service is not likely to be abused.ne trregular basis.Transenpts are EF' v. f n WWth b hiedu p particularly important to the many this responsibility for all cf asses of ~. Commission does not wish to assume p', Parties in firensing proceedings, under intervenors who attempt to make their documents, since this would create 10 CFR 2.700(d) file or serve documents cases on cmss-examination. substantial delay. It has, however. - as follows: the original and 20 copies a Derefore, the Commission has - identified several categories of with the Comm!ssion, and one copy on decided to initiate a one year pilot ' documents which are bulky, but do not esch party and on members of the. program to provide free transcripts on arise frequently.neir service by the hccing pan'elin question.ne 20 copies the basis previously described. Commission would thus relieve parties fi!rd with Docketing and Service are for h Licensing Boards will have the of a substantial burden without the Commission's convenience for e discytion toixintrol the distribution of Introducing substantial delay.nese intemal informational distribution: the transcripts to parties-far example, to categories are:(1) testimony (including eppropriate Board and the parties are limit distribution to some but not all of a attachments) (2) proposed findings of served separately, p. consolidated group of intervenors, or to fact and conclusions oflaw, and (3) nese 20 copies are not adequate for only those phases of a hearing in which responses to discovery requests. In ' practice. Docketing and Service. internal NRC distribution needs. In T an intervenor intends to participate, relative terms. service of these N d cuments need not be as rapid as items distributes some copies upon receipt; ' g,RC Pruds! " f Free CoPN"I""d such as briefs or motions. A rough look making additionalcopies creates a time b n Most licensing proceedings produce at fi!ings in licensing proceedings, lag of up to several days. Since the 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 g frequently, parties in complex containing testimony and exhibits perceives no tight time constraint ' n proceedings routinely serve more people contain substantive contentions and are, internal information distribution; the o than necessary. Particularly in those in effect the " essence" of NRC normal time lag necessary to a!!ow NRC n. proceedings in which cerfain aspects of proceedings. By processing them. NRC to do all copying of internal distribution r-an issue have been heard before all would be copying and serving a documents would not cause levels of 14RC adjudicatory boards, substantial amount of the number of inconvenience. nerefore, the 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 proceeding. rather than being tailored to the particular paper being filed. Random intenenors, without substantially Commission only an original and two impeding the progress of the copies; the original would go to the checks of service lists show that this . adjudicatory process. P" j. docket file, one copy would go directly -w a y sort of error accounts for between 3 and - Copying and service of these to the Public Document Roo:n and the r 7 extra copies made and distributed. documents by the commission may other copy would be used for . He Commission wishes to emphasize cause some very small delay in the reproduction. e that parties should be aware that senice is required only on the hearing process. A licensing proceeding may require several rounds of testimony Antitmst Proceedings 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 senice in antitmst that parties endeavoring to hold down Proceedings.He studies of filings have ( L their costs should carefully monitor their. a(Responses to discovery requests are lso filed. but not on a tight time been conf;ned to health, safety, and k-service lists.

.hedule.)

environmental licensing proceedings. In December 1977. the Commission At least five days would be required while the Commission believes that the L authorized the Docketing end Service . for each set of documents to reach the changes weuld substantially assist fl Branch to cops and serve submissions in Commission and be copied and mailed intervenors in those proceedings without the S-3 proceeding. if requested to do so to the parties and board members. Introducing substantial delay, it does by parties to the proceeding. Each party

• nerefore, the rule provides that not know whether these conclusions can regoestmg 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 categories nere may be,in fact, substantial followed normal procedures. namely. . previously described should be filed not differences in the extent and general senice 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 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 Commissfon has likely Io need such assistance as frequency of filings with the decided to undertake a one year pilot , intervenors in health safety, and { ) s

} ,..~ C 737 ~ l d I'.c A_ tio,s Feder'_1 Rt;21. r / V:J. n '.m U2 /..NL.y jfy 15. E.L'_) / ih: es co w c ne nationalbank sopervisary.g x.), -m... p.ocess, tqcther with nie internalof the OT lictr.w: r,: t. o...u.,'r.zr.t tr.creto, the r presid.ng officer may arriage foe i ti 78 tr.dr:nment'ai pmceedings. ' p cvi:!ca of onc free trucampt to e '

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,, undergone significant charige sines Consequently, the Commissba wiH party, other than the applicant, tapon ' request by that p investigate this area further before. reviewed in 1976. Consequently. ;na

.ekins cny changes..

be cade avalichie to a party at the samainto disuse or have been fuend to be of 4, Because these amendments relate. time and location as !!is made available sofel) 12 egency procedure and practica, to the F.*RC staff.lf a transcript is ma' fed negligible value to the Omce.Sim the Commission has found that good.. a number of new forms have been to the staff,it will also be mailed to the esuse exists for omitting notice of a adopted to accornmodate new statutory requesting party. A presiding officer has proposed rulemaking, and publicpro:edure thereon. as unnecessary, and requirements and super isory needs. the discretion to control the distribution The principal ~ for making the amemiments effectiveof transcripts to parties. DRUTING IMFORMATION: drafter / immed:ately without the customary 30 - (Sec.telp Pub.1,83-703.as amended.ggStat.94sp. as amended Irvin. Senior Attorney.Omce of the da)s notice. Pursuant to the AtomicEnergy Act of Date'd at Washinston.Dc this rtst day d Comptroller of the Currency. F.corganization Act of 1974, as emended. (12 U.S C. I 1,. et seg.r 12 U.S C. sdr.,$ U.Sc 3D54.cs cmended,the Energy july,19a0. e at Reguiat ry Commissloa. ' ' ~ e 68*) y,. sme ndments to Title 10. Chapter 1. Code Secieraryof theCommistion- - Adoptionof Amendment-fo o r3 8**"'I IM 12 CFR 4.13 is amended to read as - L ;; n tt t es of Feder-1 Regulations, Part 2 is tra ow. annu rw maa us =1

goygow,

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l published as a document subject to. satsuo coot nonsas f 4.13 Formaandin:tructrons.(a) Num codification. ( ~DEP RTMENT OF THE TREASURI numbered forms of the Omce of tha PART 2-RULES OF PRACTICE FOR DOI.8ESTIC LICENSING PROCEEDINGS ComptroUer of the Cunency ars 1.Section 2.70G(d)is amended to re'ad: Office of the Comptro!!er of the. currently in use: ( ~ Currency CC 1400-0L Ohm Dnect andimErect Indebtedness and/or other Banks Format reghemerita for CC 14.*2-OX: Nationst Bach Examiner j 2.7C4 12 CFR Part 4 CC 1424-OX: Assets to be Garsed Off by Y. x (d)Except as otherwise provided by [ Docket No.804) S ti **IB'"k E**** *' '

• j this ptri or by order, a picading(oe DesMptbn of WPmcMurw.

CX 1425-CE: Comb 6ad Reports of., Exambatiae cther document) other than correspondence shad be filed in an PWc Mfwa% Fonns aM CC 1425-CL E eminm (2iuOst Ise f pad l ba M one cngin:1 and two conformed copies,2.Section 2.712 is amended by adding AoENcr.Omce of the Comptroller of the CC1 C 1 Examination CC t425-OL Report of Examination o new paragraph (f) as foIJows: Currency. a ACTION: Final rule. - ~ CC 14:6-OX: Confidential Memorandum to I2.712 Service of papers methods, proof. -- This arnendment tevises 12 CC1427-01 Voluntary Charge Offs d - the Cociptroller of the Cumacy suuuARY: (f) Fue copying and service. Except in CFR 4.13 the regalation which identifies CC14:8-OX; Repod of Visitation Instatment loans cn entitrust proceeding.In any aD forms used by the Office of the cdjudicatory proceeding on an Comptroller of the Currency POmce).CC 1MJepod of Examinah-cmendment thereto, the Comrnission' The purpose of the amendment is to application for a license or an T P CC MMmDeuPe% et n and a na e w1 Examination Report h ill p cost to that party that party's testimony years. g

• CC1451-OX:B ographical DaJa Work S eet cn EFFECnvE D ATE: July 25.1980.

CC 1457-OX: Report of National Bank (including attachments). roposedfindings of fact and conc usions ofIsw. FOR NRTMEA INFORIAAT)Ost COMTACT: Examiner for Week Ending-Jonathan Llevin.Semor Attomey. CC 14as-OX: tmestment Sheet frrust and rcsponses to discovery requests, Office of the Comptroller of the These documents should be filed with Departmenti CC looo-AL Examine /s Credit une Shee Docketing and Service not less than five Currency. 490 LT.nf ant Ptaza East. S.W Washington, D.C. 20219. Telephone: CC teot-OL Personal. Farm or Ranch., d:ys before they are due to besubmitted to an adjudicatory board,

FiscalInterior Ststement (202) 447-1177.

SUPPLEhtENT ARY ptFOR3aAT10sC *Iltis CC te02-OX. Feancial SutemenHBusiness unless the presiding omcer provides CC1 amendment conforms to the requirement CC te03-OX: FiscalInterim

3. Section 2.750 la amended by adding of 5 U.S C. 552 that esch agency publish ctherwise.'

CC1604-OX. Real Estate Mortgage CC1005-OX: Consumer Financa indire in the Federal Register descriptfons of o new paragraph (c) as fo!!ows: agency forms and instructions which are CC 1600-OL Consumer Finan j2 m O N epo &. W available to, and may be obtained by toans CC ttc -OL nie Comments. Trade the public.The amendment revises those portions of 12 CFR 4.13 whichlistGecMns.Cauinves48ti ns. A$trase (c) Free transMpt: Exceptin att cntitrust proceeding. In any adjudicetm7 the numbered and t.nnumbered forms. CC teamt sonds-Descdption Balances. etc. proceeding on an application for a curren!!y used by the OfTice. Also,theCCteoMX Conate.ra! Sheet amendment prov. dea more specific CC1610-OX: Direct lease Rnancing .3, p.,y,p,%,3,c% ;,,,,,, infonnatinn for obtaining copies of CCist1-OL Collateret une S!ip wfed 1, the tmn l4 2s. w:c i.ntm uCoamwei on Nouce et as ener.a os att! arpear na Office fo:tus. the rederat neper. Og 4 l t h L}}