ML19330C252

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

ML19330C252
Person / Time
Site:	Crane
Issue date:	08/06/1980
From:	Goldberg S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Paris O, Shon F, Wolf J Atomic Safety and Licensing Board Panel
References
ISSUANCES-OLA, NUDOCS 8008080140
Download: ML19330C252 (4)

Text

{{#Wiki_filter:_ [pa nauq), UNITED STATES r g NUCLEAR REGULATORY COMMISSION dk.....[j WASHINGTON, D. C. 20565 August 6,1980 ~ John F. Wolf, Esq., Chairman Dr. Oscar H. Paris 3409 Shepherd Street Atomic Safety and Licensing Board Panel Chevy Chase, Maryland 20015 U.S. Nuclear Regulatory Comission Washington, D. C. 20555 1. Mr. Frederick J. Shon Atomic Safety and Licensing Board F'.nel g\\S DOCut EN COtlTgills U.S. Nuclear Regulatory Commission Washington, D. C. 20555 i pggg,g g P00RQ In the Matter of L l METROPOLITAN EDISON COMPANY, at al. (Three Mile Island Nuclear Station, Unit 2) Docket No. 50-320 OLA 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 e to provide a one-year pilot program of procedural assistance in adjudicatory licensing proceedings. Sincerely, L86 4 f Steven C. Goldberg Counsel for NRC Staff Enclosure As stated cc w/ encl.: Karin W. Carter Ms. Mary H. Douglas Mr. Steven C. Sholly Mr. William A. Lochstet Dr. Judith H. Johnsrud George F. Trowbridge, Esq. Ms. Karan Lee Miller Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Appeal Board Panel Docketing and Service Section .s00 8 o a oMo

r 4 Federal Register / Vol 45. N3.145 / Frid2y July 25.1930 / Itufes' and' Regda,tions '43535 g days prior to the anniversary date of tbs

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, Commisson adjudicatorylicensing m/ ,v ad:r.ir}lstralise decision. .- r ots.. *

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promedings a applications for lianaes - J? stracTrVE D ATC july 23.1980.

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. and amendme is thereto.Several . proposals were conudered in the .,M, ron runTHEn st4ronu AT:ow cowTacT: NYt AIDets*cd)- g h( V.- <r r;. .o Carl O. Opstad. Farm Real Estate Loan Nota e document has been reviewed context of the S-3 rulemaking on the .,s.. 1j d D; vision' Farmers llome Administration. f USDA.14th and independence Avenue. k'En SNte uranium fueli;ycle. See 42 FR 13305 m <..s. yg;y e Im, SW. Wa shington. DC 20250. Telephone: the determinetion of rmitA that the pmposed (March 13,1977). 43 R q 5 (Apdl M.- p02) 447-4572. action does not conettute (mafor Federal 1978). and 44 IE 45362 (August 12.1979).,.

6 4 The FinalImpact Statement action sisnificantly arrecting hty at From that proceeding the Commission des eloping this final rule and the impact the Nations! Emironmental Policy Act of roviding free service of documents and.

q describing the options considered in human environa. cat and la a ce with hoped to gain spec 6c experience with, ofimplementing each option is available 1909 pub.1. 916 an Mmamental Impact te transcripts and to use the 8'"' l' '*' "9"I'*d experience to develop general policy on request from the OfEce of the Chief. Dir2ctn es htanagement Branch. Farmers (7 USC.1983 delegat.on o(suthority by the With respect to adjudicatory. 'I, $*Q$1d"g$, proceedings.. ..-{',, Home Administration. Room 6346 South Agnculture Building.14th and Des elopment. 7 CFR 2A1 ~ 'Eli;ibInty for NRC Pmcedural Indepindence Ayenue.SW. Dated: lune 28,19811 Asalstance ~ Washington. DC 20250. j SUF PLEWENTARY INFORMATION:%Is

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One a!!cinative with respect to Procedural assistance is to ; mide it to fe.sl action has been reviewed under full participants. Le., parties, w ho submit USDA procedures established in Secrzt:ry's Memorandum 1955 to

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lepfement Executive Order 12044. and' " atsting. with beief factual sup;mrt. that j has been classifiid "not significant". thc!r abilit to participate w>ald be This action will save time and reduce

• * " YD' NUCLEAR REGULATORY assistance. Under this alternative the pperwork. lf the exhibit were to stayin COMMISSION tl.c Tcdcral 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 riecessary to bring this exhibit up-to-guidance as to who would ordinarily - date Removing this exhibit and making Proceduraf Assistancein Adjudicatory qualify for assistance under this h it arcilable in any Fm}lA ofDee is thf Ucensing Proceedings standard. Ilowever. cffering procedural 1 most prompt way to provide information assistance to all intervenors without tj on intIrest rate changes. AGENCY:U.S. Nuclear Regulatory qualification might offer enough sasings. The Fanners liome Administration Commission (NRC). from not hav!ng to decide who was s nends 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 essisting a suuuAny:NRC is amending its few additionalIntervenors. On the other A from Subpart A. part 1951. Chapter XVlil. Title 7 in the Code of Federsj regulations in order to provide a one-hand,it is incongruous to charge an l Regula tions. year pI!ot program of procedural applicant from $50,000 to $1 miT! ion 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 applicabons for 1-s and offer it a free transcript, worth on the grants, benefits. 'or contracts shall be amendments thereto, except for antitrast order of $1.000, published for comment notwithstanding Proceedings, to parties other than the On balance, the Commission has appbcant by (a) upon decided that the better alternative is to Providing one transcn,a party's request.pt witboat charge. provide procedural assistance to aB the gxemption in 5 U.S C. 553 with respict to such rules.%Is action, hewevxr. is not published for proposal, to that party and (b) upon a party *a parties other than an applicant la . i rufemaking since the purpose of the request. copying and serving without adjudicatory proceedings on ~ chnge is administrative in nature and charge that party a testimony ('mc!u% applications for licenses and p;bhcction for comment is unaccessary, attachments), proposed findings of lat.t . amendments thereta. Herefore, the Table of Contents and and conclusions oflaw. and responses !!951.25[a)(2) are amended and Exhibit to discoverey requests. In addition the NRC Prmision of Free Transcripts A is deleted as follows: regulations are amended to require that Transcripts are usually expensive. Parties, including an applicant. file with especially when fast copy is requested. Table of Contents NRC an ongmal p!as two copies of each A typical transsipt for one day of a Proceeding runs about 200 pages. %e hhibit A-{As allable la any radiA Offia) n! d p origuial of such a transcript, prou,ded EFFECTTVE DATE: July 25.19fD. the next morning, costs about $1100: 11951.25 Review of LWisd Resources FOR F1JRTl4ER INFORMATION CONTACT

• loupplementary copies c9st about $100.

F0 cnd Ot. toans. nomas F. Dorian. Esq. Office of the In the S-3 proceeding. transcripts were (a) Trcquency ofieriens. Executive Legal Director. U.S. Nuclear requested by most public intcrest (1) * *

• Regulatory Commission. Washington, groups industry representatives and (2) he interest rate on FO loans will D C. 20555 (Telephone: (301)-49:'-8600).

utilities.ne principal es.nclusion that be increalsed in accordance with the SUPPLEMENTARY DsF-ORMAT)C8C In order can be drawn from that prorceding is Schedule in Exhibit A of this Subpart to help parties assist the Commission in almost self-evident, namely. that NRC's lavailable in any FmilA office.) De arrivhts et its decisions, the Commission offer to provide an expensive service lesne will then be resiewed at least on several occasions over the past (trar. scripts)is attractive to most parties. o.ce every Iw o years. approxima tely 50 several years has considered proposala Rese parties. In tunt, can better assist ? p 4 e

. ?. x., ? .e _.-\\ b. i e [ -. r.,, . ~. ~, ( G336 I'ederal Registor / Vol. 45. No.145 / Triday July 25, 1930 / Rules end Regulatio'ns ia the Commis'sion in arriving at its N:M. i Commission. Concem had been%2.W yrogram of free cop}ing and sedice.' g dectstons. - Eere is no rea; son why free pu" i

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expressed that free service would. ? - Copying and service have bee' N-..- n

Re 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 1 in adjudications 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 '8^ ' quality of Commission decisioamaling, location as they are made available to ' service, there were no significant the NRC staff. If transcripts are ma!!ed differences la length or frequency..'. may be worth the modest delay entailed. A one-year p!!ot program would allow to the staff, they would also be mailed to between filings copied and served by. , intervenors. nis service could replace the parties themselves and those copied. NRC to obtata information on this effo 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 3 staff or the IJcensing Board frequently nis expenence suggests that a NRC copying and senice 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.%e irregular basis. Transcripts are Commission does not wish to assume M 20 Coples with the Commission particularly important to the many s. this responsibility for all classes of.- Parties in licensing proceedings. under interrenors who attempt to make their documents, since this wou!d create to CFR 2J03(d). file or serve documents cases on cmss-examination. substantial delay. It ha s, however. ' as fo!!aws: 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. program to provide free transalpts on arise frequently, neir senice by the hearing pan ~el in question. ne 20 copies the basis previously described. Commission would thus relieve parties filed with Docketing and Service are for I.lcensing Boards will have the - of a substantial burden without the Commission's convenience for discytion tohootrol the distribution of introducing substantial delay. %ese inte rnal 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 at of a attachments). (2) proposed findings of sen ed separately, consolidated group of intervenors, or to fact and conclusions oflaw, and (3) Dese 20 copies are not adequate for only those phases of a hearing in which responses to discovery requests. In intemal NRC distribution needs. In an inten enor intends to participate. relative terms, senice of these practice. Docleting and Service.

• NRC Provist * *f Free CoPN"3 **d d cuments need not be as rapid as items distributes some caples upon receipt; such as briefs or motions. A rough look making additional copies creates a time g%
• st 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 sene more people 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 a!!ow NRC proceedings in which cerfain aspects of proceedings. By processing them. NRC to do all copying ofintemal distribution an issue have been heant before all would be copying and serving a inconvenience.%erefore, the documents would not cause levels of NRC adjudicatoly boards, substantialamount of the numberof parties tend to compile senice lista pages filed, a service which would have Commission has decided that all partier, which reflect the entire history of the high pa)offin tenns 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 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. E,.,.. docket file, one copy would go directly o sort of enor accounts 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 . He Commission wishes to emphasize cause some very small delay in the reproduction. i that parties should be aware that hearing process. A licensing proceeding service is required only on the may require several rounds of testimony Antitrust Proceedings Commission br the pertineni ~ 'and an opportunity to file proposed NRC will not preside free transcripts adjudicetory board and the parties, and findmgs of fact and conclusions oflaw. and free copying and senice in antitrust that parties endeavoring to hold down Proceedings.%e studies of filings have their costs should carefully monitor their.. (Responses to discovery requests an also filed. but not on a tight time been confined to health, safety, and service lists. schedule.} five days would be required entironmentallicensing proceedings, in December 1977 the Commission At least While the Commission believes that the authorized the Docketing and Service . for each set of documents to reach the changes would substantially assist Branch to copy 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 by parties to the proceeding Each party i ncrefore, the rule pmvides that not know whether these conclusions can requestmg this assistance served an documents filed with Docketing and be extended to antitnist proceedings. original and two copies on NRC. Others Service in the three categories %ere may be,in fact, substantial followed normal procedures. namely. . previously described should be filed t.ot differences in the extent acd general service on other parties and an original 'less than five. days Lafore 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, un!-se the presiding Commission does not know whether of f4ee copying and service had no officer presides 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 tha - decided to undertake a one. year pilot , Intervenors in health, safety, and e g

M37 / Rdca ca:i ncph.tir.: ~~~* ( h A:J T.c;! ster / Vol. 45. No.145 / Fridny Ju!y 15. If0:) ~ ~ ". = ~~ - ne nail:n:1bar.k sepciv sxy.; c ocus together w!th the 6ternal;..y

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license or an amendscr.t the-ets. the y pdministration of tLe OGce,kava s a- . m.

e for

.e undergone significant change airece "^.?',

• presidingomeer may errar;prodsion of one free transcript is a" I*

gy:.rn6! prx:dinga. - a Ccesc q ent!), t!.: Ccamission wlAl last comprehenstwely ; party.other than the applicant.upon ' request by that party.T j twesf.gste this are4. farther before reviewed in 1976. Consequently. g j N. rdMg any c.hanges.. be made avallable to a party at the sama i r,cesuse these ar.endments relate. into disuse or have been found time and location as it is made availableto t' e NRC sta!T e:,le!) to agency procedure and practica.. j the Cct:. mission h4.s found that good ' a number of new forms have been to the staff,it will also be mailed to tha f ceuse exists fx omitting notice of adopted to accommodate oew statutory requesting party. A presiding omcer has pecposed ruleme. ling. and publicp o:edure thereon.as unnecessary.and requirements and supenisory needs. the discretion to control the distribution DR AfTING INFORMATIOm %e for mrking the arr.cndments effectiveof transcripts to parties. S E.medately without the customary 30 - 15cc.161p Pub. t. to-703. es amended. 68 Stat. step,as emended (42 U.S C 2201p il levin. Senior Attorney.Omce of the ~ ds>s nonce.PursJant to the Atomic Energy Act of 112 U.S C. I 1. et step 12 U.S C s31,y USC. f Deted at Washieron.D C this 21st day d ComptroUct of the Currency. 1554 asemended,theEnergyRe:rg:nization Act of 1974. as arcended. July.imo.For tMxkat L1;uf atory Commisslan-s52) Io o ng Samuel) M Adoptionof Amendment: - amendments lo Title 10., Chapter 1. Code Sec8'Y 'M8 GS*l88/",, 12 CFR 4.13 is amended to read as - ti ted ta es el Feder:1 Regutations, Part 2is tra o=. e>2ms W.d r-**-a **s==f, y,y,,,, 3 pubbshed as a document subject to .swho4occnao m lona. t 4.13 Foms and Instn (a) Numbered forms.%e fo!!oEing. l codic: tion. ~DEPERTMENT OF THE TREASURY numbered forms of the Omce of ths'f PART 2-RULES OF PRACTICE FOR -- DWESTIC LICEf{ SING PROCEEDINGS ComptroUer of the Currency are

1. Section 2.700(d) is' amended to re'ed: Office of the Comptrofler of the.

currently in use: j CC14co4L OQons Dmt andinamet Currency Indebtedness and/or other Banka I 2.70s Formal requirements ser 12 CFR Part 4 . CC1422-OX:m 142441 Assets to be Chars.d Otf by NationalBad Examinee ' - (d) Except as otherwise prtmded by

ProcedNa, CC142m Combeed Reports af.

this pIrt or by order.a pleading (or Deacdpdon of N and Examinah Met fue other document) other than PuMc Mfoma%T CClemExemmeg correspondecce sbaD be fUed in an b8tr'uct!N Cngmal and two conformed copies.2.Section 2.712 is amended by adding AGENCr.Ofnce of the ComptroUcr of the C p l CCt l Examinalion CC 14254X. Report of Examinats,oa o new paragraph (f) as loDows: Currency. l2.712 Service of papera,methoda, proof. ACTtom Tinal rule. ' the Compt-eller of the Currency 5 -suMMAnr.%is amendment revises 12 CC 1427-01 voluntary Charge-Offs of (I) Tree copying ond servm. e. Except in CFR 4.13. the regulation which identines Instatment Imns all forms used by the Omce of the CC14:8-OX: Report of Ytsitatiosi an entitrust proceeding,in any adjudicatory proceeding on an ComptroDer of the Currency ("OEce"). CC 14M. RepoM Exahh He purpose of the amendmentis to application for a license or ancinendment therelo, the Commissiott. CC 1450-OX: Electrome Data Processms se ew et n and ad

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~ Examination Report CC1451-OX BicgraphicalDataWorkSheet Il p a pl cant. cost to that party that party's testimony years. reposed EFFECTIVE D ATE: jufy 25.19EL CC 1457-OX: Report of NationalBank (including attachments usions of law, FOR FurtTHut (NFORMAT10M CONTACT: Examiner for Wed Ending - findirigs of fact and co JonathanL.lavin. Senior Attorney

• CC1435-OX:Imestraent Sheet fTrust and responses to discovery requests.

Office of the Cot:;ptroUer of the Dese documents should be filed with Departrenti CC le00-AL Examiner's Credit IJae She Currency. 490 L' Enfant Plaza East.S.W., - Docketirig and Service notless than five CCleol-OL Personal Farm or Ranch, Washington D C.20219.Tdephone: d2ys before they are due to besubmitted to an adjudicatory board. C1 - ScalInterior Statrment (202) 447-1177. CC leo 2-OX: Fmancial Statement-Bus SUPPLEMENTARY INFORMATXMC This unless the presiding otticer provides amendment conforms to the requirement CC toca OL mealInterna of 5 U.S.C. 552 that each egency publish ctherwise.83. Secuon 2.750is amended by adding CC1604-OX.Ecal Estate MargageCC in the Federal Register descriptions of o sew paragraph (c) as follows: agency forms and insinactions which a.rs: CC 160G-OX: Consum available to, and may be obtained by i 2.m OM mpoder.W CC1007-Om Comments. Trade toans the public.De amendment revisesthose portions of 2 CF

1. "ddI"*dl*A**8' 8

(c) Free transcript:Except in su " "8 entitrust proceeding,in any adjudicato ythe numbered and unnumbered forms ds-Descripuan proceeding on an application for a currently usedby the OGce. Also, theCC CCitm-OX Cot!steral sheet amendment provides more specific CC 1610-OX; thct Lease Financing y, gPyg*jj j,*,"' F information for obtain!ng copies of CClen-OX: Conaten!Line Shp coam...on Not or of an entennon.itt.rp..r in Omce forms. the ramt ersee. a O e -9*"

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