ML19330C251

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

ML19330C251
Person / Time
Site:	Summer
Issue date:	08/06/1980
From:	Goldberg S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Grossman H, Hooper F, Linenberger G Atomic Safety and Licensing Board Panel
References
NUDOCS 8008080138
Download: ML19330C251 (4)

Text

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.r o ne UNITED STATES

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8 NUCLEAR REGULATORY COMMISSION o

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p WASHINGTON, D. C. 20555

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August 6,1980

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Herbert Grossman, Esq., Chairman Dr. Frank F. Hooper Atomic Safety and Licensing Board Panel School of Natu-*1 Resources U.S. Nuclear Regulatory Comission University of Mich gan Washington, D. C.

20555 Ann Arbor, Michigan 48109 Mr. Gustave A. Linenberger Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Comission Washington, D. C.

20555 In the Matter of SOUTH CAROLINA ELECTRIC & GAS COMPANY (Virgil C. Sumer Nuclear Station, Unit 1)

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Docket No. 50-395 Gentlemen:

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

Sincerely,

,k k h.

Steven C. Goldberg Counsel for NRC Staff Enclosure As stated cc w/ encl.:

George Fischer, Esq.

Richard P. Wilson, Esq.

. Troy B. Conner, Jr., Esq.

THIS DOCUMENT CONTAINS Brett Allen Bursey Atomic Safety and Licensing P00R QUALITY PAGES Board Panel Atomic Safety and Licensing Appeal Board Panel l

Docketing and Service Section i8 0 0 8 0 80 )SA

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_ ' C25 Federal Register / Vol 45. N3.145 / Friday July 25, 1930 / Rulls' end' Reguirgtions V

g sction Is taken as a result of an '

days prior to the anniversary date of the jo reduce cost burdeias for parties la :

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s3ministrative decision.

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, Commisson adjudicatorylicensing y /

3 ErracmE DATE: July 25,1980.

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,' ' >'; Proceedings on applications for licenses '

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r a runtaER INFORM AT10N CONTACT:

Exhibit A(' eteted)'

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Proposals were considered in the.

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Carl O. Opstad. Farm Real Estate Loan context of the S-3 rulemaking on the p.y j jl s

Note 4Ns docurnent has been reviewed.

DNision Farmers liome Administration.

USDA.14th and Independence Avenus, k*En

- uranium fuel cycle. See 42 FR 13805 v qiq 1

ss to Lrn S te t " It SW. We shingt on, DC 20*.50, Telephone:

the determinetion of rmitA that the pmposed (March 13.1977). 43 FR 8915 (AM.

G action does not constitute armajor Federal 1978), and 44 FR 45362 (August 12.1979).*,-

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(*,32) 447-4572.

The FinalImpact Statement action significantly afkt;ng the quehty or From that proceeding the Commission g1' describing the options considered in human environment and in a.rarance with hoped to gala speciSc expedence with i

dn eloping this final rule and the Impact the Natimal Ensironmental Puticy Act of providing free service of documents and m Pu

t.91-190. an Environmental Impact free transcripts and to use the ofimplementing each ol sion is available on r; quest from the Office of the Chief.

Statement is n i required.

experience to develop general pohcy D.rectives Management Branch, Farmers (r USC.1909 delegation of authorit by the with resped to adjudicatwy,

liome Administration, Room 8348 South

$*%$,$*I*f,'$,

Proceedinga.

Eligibmt'y for NRC Proceduraf ',],;,

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Agnculture Buildmg.14th and Develop nent,7 m Im)

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!adependence Avenue,SW.

Assistance Washington. DC 20250.

I Dated; June a m e

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SUPPLEMENTARY INFORMATION" %Is One alternative with respect to faal action has been reviewed under "7* #'"*" M"*

Procedural assistance is to peovide it to USDA procedures estab!ished in full participants. Le., parties, v,ho submit Secret:ry's Memorandum 1955 to

. Pm um mam me-t ea : -

an affidavit to the }{ caring Board I!.

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implement Executive Order 1*044, and' stating, with brief factual support, that p

has been classified "not significant".

their abili to participate would be This action will save time and reduce NUCLEAR REGULATORY 8" ' ' " # '*E '

pperwork. If the exhibit were to stay in COMMISSION

' Cc,mmission would have had to provide the 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 ord2narily -

date. Removing this exhibit and makin8 Proceduraf Assistancein Adjudicatory qualify for assistance under this b

it avail.ble in any FmilA office is thf Ucensing Proceedings standard. liowever, offering procedural ae unost prompt way to provide information assistance to all intervenors without

!i on interest rate changes.

AcEwc-r:U.S. Nuclear Regulatory qualification might offer enough savings, ne Fartners liome Administration Comrnission (NRC).

from not having to decide who was s:nends the Table of Contents and '

ACTION Effective rule.

qualified to receive a'ssistance, to be,

section 1951.25(e)(2) and deletes Exhibit "

worth the extra expense of assisting a suMuAny:NRC ts amendmg its few additional Intervenors. On the other A from Subpart A.part 1951 Chapter XVill. Title 7 in the Code o.f Federal regulations in order to provide a one-hand it is incongruous to charge an Regulations.

year puot program of procedurri applicant from $50.000 to $1 million for It is the policy of this Department that assistance in adjudicatory proceedings processing an application, and then to ruIes relating to public property, loans, on applications for licenses and ofre.11 a free transcript, worth on the grants, benefits, or contraets shall be amendments thereto, except for antitrust order of $1,000.

p blished for comment notwithstanding Proceedings, to parties other than the On balance. 6e Commission has the exemption in 5 U.S.C. 553 with.

apph, cant by (a) upon a s request

• decided that the better alternative is to respect to such rules.%is action.

Providing one transcript wit t charge.

provide procedural assistance to an rl' hewsver,is not published for proposal-to that party and (b) upon a party a parties other than an applicant la

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tt!cmiking since the purpose of the request. copying and serving without adjudicatory proceedings on change is administrative in nature and charge that party a testimorry (including applications for bcenses and ptblication for comment is unnecessarv. attachments). proposed findings of fact

. amendments thereto.

Therefore, the Table of Contents and and conclusions oflaw, and responses i1951.25(a)(2) are amended and Exhibit to discoverey requests. In addition, the NRC Prodsfon of Free Transcripts A is deleted as fo!!ows:

regulations are amended to require that Transcripts are usually expensive.

Parties, including an apphcant. file wrth especially when fast copy is requested.

Tce of contants NRC an origmal plus two copies of each A typical transcript for one day of a '

""h pr ceeding runs about 200 pages.ne

'"8 Eshibit A-{Available is any ran!!A ohe) d o

original of such a transcript, proyuled EFFECTIVE D ATE: July 25,1930.

.the next mornmg, costs about $L000:

I1951.25 Review of Umited Resources FOR FURTHER INFORM ATION CONTACT.'

' supplementary cx> pies cost about $100.

F0 cnc' OL loana.

Thomas F. Dorian. Esq. Of! Ice of the In the S-3 proceeding. transcripts wers (a) Frequency ofieriews, Executive Legal Director. U.S. Nuclear requested by most public interest (t) * *

• Regulatory Commission. Washington, groups, industry representatives and (7) ne interest rate on FO loans wiH D.C. 20555 (Telephone: (301}-492-6890).

utilities. De principal conclusion that be increased in accordance with the surettuENTAar tNFonu AT>oic In order can be drawm from that proceeding la s

khrdule 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.) ne

- arriving at its decisions. the Commission offer to provide an expensive mervice lcans will then be reviewed at least on several occasions over the past (transcripts)is attractive to most parties.

C=e et cry two years, approximately 80 several years has considered proposa*a Dess parties,in turn, can better assist

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p p I'ederal Redster / Vol. 45. No.145 / Fridcy July'25.1010 /, Rules end Reguistidna,

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%s the Commission in arrtring at its v 'd.3 Commission. Concern had been%1 rt < frogram of free cop >ing and service.

P deelstons. L ~.

Here is no rea; son why free ~w.aynh - expressed that free senice would.

.e - Copying and senice have been o.-

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he M-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 -

in a djudications to parties, other than filings. In general, for those who assistance, both to intervenors and the the applicant, at the same time and ultimately requested copying and T location as they are made available to ^ service, there were no significant..'.

' quality of Concission decisio4 making.

I, 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 be mailed to between filings copied and served by.

t-intervenors. Dis service could replace the parties themselves and those copied. NRC to obtain information on this effort and on any problems such a pmgram present practice where members of the and served by NRC et a party's request.

may present, as well as answer whether staff or the Licensing Board frequently his experience suggests that a NRC cop)ing and service of testimony is g

lend an intenenor an extra copy of the program of free NRC cop)ing and an incentive to timely filing.

transcript. although on a necessarily senice is not likely to be abused.%e L,

irregular bens.Transcnpts are Commission does not wish to assume Fill of a Copies with the Coen

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particularly important to the many - s t this responsibility for all classes of ~.-

Parties in licensing procee.fints, under intervenors who attempt to make their documents, since this would create 10 CFR 2.703(d), file or serve documents cases on cross-examination.

substantial delay. It has, however, -

as fo!!ows: the orig?nal and 20 copies J

Therefore, the Commission has -

identified several categories of with the Commission, and one copy on decided to initiate a one-year pilot

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

program to provide free transcripts on arise frequently, neir service by the bearing pan'el in question. De 20 copies 3

the basts 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 s

dise;etion toixmtrol 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 all of a attachments). (2) proposed findings of served separately, consolidated group ofIntervenors, or to fact and conclusions oflaw, and (3)

%ese 20 copies are not adequate for T

only those phases of a hearing in which responses to discovery requests.In -

practice. Docketing and Service.

internal NRC distribution needs. In en intervenor intends to participate.

relative terms, service of these I

' NRC Prods!" *f Free CoPb8 ""d

- d cuments need not be as rapid as !!ema distributes some copies upon receipt; such as briefs or motions. A rough look rnaking additional copies creates a time

• ^.g" L'l' Most licensing proceedings produce indicates that these dc.cuments tend to copies Docketing and Senice sends out at filings in licensing proceedings, lag of up to several days. Since the dozens of filings. It should be noted that. be relatively bulky. Also. documents are inforrnational, 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 Ir.g necessary to allow NRC proceedings in which cerfain aspects of proceedings. By processing them. NRC to do all copying ofinternal distribution 4

an issue have been heard before all would be copying and serving a documents would not cause e

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parties tend to complie service lists pages filed. a service which would have Commission has decided that all parties.

levels of NRC adjudicatory boards, substantial amount of the number of inconvenience. %erefore. the k

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 b

the particular paper being filed. Random impeding the progress of the - -

copies: the original would go to the g-checks of service lists show that this

'. adjudicatory process.

docket file, one copy would go directly

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sort of error accotInts for between 3 and - Copying and service of these to the Public Document Room, and the 7 extra copies made and distributed.

documents by the commission may other copy would be used for

. De Commissio's wishes to emphasize cause some very small delay in the reproduction.

that parties shoutd be aware that hearing process. A licensing proceeding 6

service is required only on the may require several rounds of testimony /a2titrust Pr ceedings H

Commission br the pertinent '

'and an opportunity to f:le proposed NRC will not provide free transcripts y

adjudicatory board and the parties, and findings of fact and conclusions oflaw, and free copying and service in antitrust that parties endeavoring to hold down Proceedings. The studies of filings have their costs should carefully monitor their.. (Responses to discovery requests are 3

t si -vice lista.

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also filed but not on a tight time been confined to health, safety, and schedule.)

environmen tal licensing proceedings.

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'n December 1977, the Commission At least five days would be required While the Commission believes that the 7

authorized the Docketing and Service

. for each set of documents to reach the changes w ould substantially assist c

Branch to copy and serve submissions in Commission and be copied and mailed interrenors in those proceedings without the S-3 proceeding. if regrested to do so to the parties and board members.

Introducing substantial delay,it does by parties to the proceeding. Each party ! Herefort. the rule provides that not know whether these conclusions can

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requestmg this assistance served an documents filed with Docketing and be extended to antitrust proceedings.

original and two copies on NRC. Others Service in the three categories There may be, in fact, substantial followed normal 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 -

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plus 20 copies on NRC.

which they are submitted to an of proceedings. In addition, the De results show that the avallsbility adjudicatory board. un! css the presiding Commission does not know whether u

of free copying and service had no ofhcer provides otherwise.

parties in antitrust proceedings are

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discernible impact on the length or -

On balance. the Commissfon has likely to need such assistance as frequency of filings with the.

decided to undertake a one-year pilot

, intervenors in health, safety, and gl t

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/ Rules t.r.:! Cc;;uhtir.s

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Fedcral Re-itter / Yol. 45. No.145 / Fric'ay July I5. 2r'0 c

ne nationalbml sutwivisory g t. g.p

, license or an amendment thento,the 7 process. ta;cther with the intemal i

administration of the Omce,have w['

fe.i maror. ment'alproceedings 11 '. (

',' presiding omcer may arrary;e u 4

,, undergone significant change sinc =i prods!on of one free transcript to a W Cor.sequently,the Commisalon wGl section 4.13 ws:last comprehensively.

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party, other than the applicant, upon # request by that wretyte tr.is area further before. *.. ',

redew ed in 1976. Conse quently. snany of the forms previously used have fanes,

e.eks any charges..

be made available to a party at the same

.Decause these amendments relate.

into disuse or have been found to be of so!e!> ta esency proadure and practica.:.

time and location as it is made avsDableto the NRC staff.

Ce Commission has found that good.

a number of new forms have beca tri the staflit will also be mailed to the

• 4 ca;st exists for ornitting notice of adopted to accommodate new statutory requesting party. A presiding omcer has prepoird rulemakirig, and publicprocedure thereon as unnecessary,and requirements and supervisory needs.

the discretion to control the distribution DRAFTING INFORM ATION:%e

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tar making the amendments effectne of transcripts to parties.

immeistely without the cvstomary 30 'fSec. Sets, pub.1.r.3-7c3.ae amended.68 stat, Hep. as amen Lesin. Senior A:Iorney.Omce of the I

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d'F8 D0liC'-Pursuant to the Atomic Energy Act of Dated atWashiegten.D C. stis 21st day at Comptroller of the Currency.

[12 U.S C. i t. et eeg;12 U.S C. 93Ir.5 USC I

1954, es emended. the EnergyEcorg:nizat>on Act of 1974, se amended.

July.toso.For the Naclear Regulatory Commission.

f.

5521 amend:nents to Title 10. Chapter 1. Code Secre*7 0/'A* Comm/58/o*

12 CFR 4.13 is amended to read as,.

. f,

.the fo i

samual L R Adoption of Amendment-mt d i es i

of FederalRegulations.Part 2 fs In n m um rm.aa-a a4s.=r gcgg,,,.

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published as a document subject to. amo coot mows

. Sons.

J g 4.13 Forms andI (a)NumberedForms.ne fo!!osing.,

codification.

s numbered forms of the Omce of the PART 2-RULES OF PRACTICE FOR - DEP5RTMENT OF THETREASURY i

DOMESTIC UCEN, SING PROCEEDINGS ComptroUer of the Currency ars

1. Section 2.706(d) timmended to rNad: Office of the Comptroller of the.

currently in use:

l CX;1*DOX:Ohrs Dweet and Indnet t

Currency Indebtedness and/oe other Ban i

Il i2.70s Forma! requirements for 12 CFR Part 4 14244X: Assets to be Chars.d Ofr by A.

7 CC14:

CX:

(d)Except as otherwise provided by.

(DocketNo 30-41 Nahal Bank Exaehee DescrfpUon of Omce ProcedarEs,'

CC14ME; Comtaned Reporta at this pirt or by order, a pleading (oe 5

ether document) other than pygggng,,, g 7 6 g 5-C1; Examiners Cbedist fee E** *i"*'""

correspondence shad be filedin an CC 14 epN I and two conformed copies.

Inotruct!ons Ce r

2. Section 2.712 is amended by adding Omce of the ComptroDer of the CC1 Cngm:

Examination AcEwcy:

5-OX. Report of Examination o new pa:agraph (f) as follows:

Currency.

ACTiow: Final rule. '

CC 14:r4X: Conndentaal Emorandu:n to CC14:

I2.712 Service of papers, methods, proof. -

Dis bmendment revises 12 CC 1427-OX: voluntary Charge-Ofra at the Comptroller d the Cunency (f) Free copying and service. Except in CFR 4.13. the regulation which identines CC 1mL hpon d Eteh

SUMMARY

Instalmentloans a

aD forms used b) the Office of the

.hp n d Exasah--

cn entitrust proceeding. In any cdjudicatory proceeding on an ComptroUer of the Currency (" Office").

G1 application for a license or anamer.dment thereto, the Commission.

De purpose of the amendment is to f #

PbMhW r

p I cant. ill p and e wi et and a t na UM Esamination Report cost to that party I al party's testimonyyears.

CC 1451-OX: Biestaphical Data Work Sheet c

reposed EFFECTIVE D ATE: July 2$.19NL CC1457-OX: Report of NationalBank (including attachments) findings of fact and con usions oflaw, FOR FURTHEA inf ORstAT10M COMTACTt E> aminer for mek Endma-

- Docketing and Service notless than fiveCurrency 490 L~c'.nfant P!aza Eaet.S.W.-

m16ss-OX: Investment Sheet (Trust Jonathan L lavm. Semor Attorney

• and responses to discovery requests, Office of the ComptroDer of the Rese documents should be filed with Departmes1 CC leoo.AL Examiner's Credt IJoe Shee Washington.D.C.20219 Telephone:.

CX;1001-OL Pusonal.Fsna or RancA, days before they are due tobesubmitted to an adjudicatory board.

Fiscal!nterior Statement (202) 447-1177.

SUPPLIA4ENTARY op0Rs1AT10*cDieCC1NoOX FinancialS'atemem-Business unless the presiding omcar provides CC r amendment conforms to the requirement CCle03-OX: Fiscal Iderim of 5 t).S C. 552 that each agency publish ctherwisc.3. Section 2.750 is amended by adding CCleot-OL Real Estate Martgage in the FederalR,gister descriptio::: of. CC leos-OX: Consumer Finance Ind o new paragraph (c) as follows:

agency forms and instructions wh.ich are CC 160G-OL Consumer Fin 12 m W W mooden M available to, and may be obtained by loans CC leo 7-OX: Ele Comrnents. Trade the public.The amendment revises those portions of 12 CFR 4.13 whichlist

&cking.Cnet tmest:gegons. Avnage (c) Free transcript Exceptin en cntitrust proceedmg. In any adjudicalmy the numbered and unnumbered forms ds-Descdption currently used by the Omce. Also, the ~

CCloco-OX CotInteralsheet Eroceeding on an application for a CC amendment provides more specific CCleio-Ox:Daectten ennandag Q, q'fM'd'$$.w.pp,'.','i, information for obtammg copies of.. CC te11.OX.Collaterst tine Shp F

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,,,, % g,m,r.

Omce forms.

s the ramt nepme.

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