ML19331B475

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

ML19331B475
Person / Time
Site:	Humboldt Bay
Issue date:	08/08/1980
From:	Goldberg S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Lazo R, Linenberger G, Schink D Atomic Safety and Licensing Board Panel
References
NUDOCS 8008120308
Download: ML19331B475 (4)

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UNITED STATES I

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NUCLEAR REGULATORY COMMISSION n

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E WASHINGTON, D. C. 20555

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August 8, 1980 Robert M. Lazo, Esq., Chairman Mr. Gustave Linenberger Atomic Safety and Licensing Board Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, D. C.

20555 Washington, D. C.

20555 Dr. David R. Schink Department of Oceanography Texas A & M University College Station, Texas 77840 In the Matter of PACIFIC GAS AND ELECTRIC COMPANY (Humboldt Bay Power Plant, Unit No. 3)

Docket No. 50-133 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 a one-year pT rot program of procedural assistance in adjudi-catory licensing proceedings.

Sincerely,

, bb N Steven C. Goldberg Counsel for NRC Staff

Enclosure:

As stated cc w/ enc.:

Philip A. Crane, Jr., F:3q.

Mr. Andrew Baldwin Linda J. Brown, Esq.

Michael R. Sherwood, Esq.

Bruce Norton, Esq.

Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Appeal Board Panel Docketing and Service Section THIS DOCUMENT CONTAINS POOR QUALITY PAGES 800812 0 80F Cr

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l-Fed:ral Register / Vd. 45. N3.145 / Friday Dly 2.5, R3 / i._.;

t.,

T.>.e h., lions

' U,535 f*-

4 days prior to the anniversary dcte of the ja rehe cnt burdens for parties le.' ye.

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, actionis talen es a result of an sdministrative decision. -

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. Dole,.7 -

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, Comrair wn e djudicato.ylicensing pg,',

I proceedir;s on applications forliansee -

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e. 4 uncTivt D Arc July 25,1980.

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• and arr.cadmtats thereta. Several y

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r;n runTNtn mronw AT)oN CONT ACT!

ExbMt N pelet@'

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Carl O. Opsted. Farm Real Estate Loan Wa.-@s document has teen mM. propon!s wue considered in the "...a t.i

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D. vision. Farmers liome Administration.

context of the S 3 rulemaking on the

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1J USDA.14th and Independence Avenua, k '

ron" ej Pj,1 uranium fuel cycle. See 42 m 13803

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n (March 13,1977). 43 FR 8915 (April Mi -?

(:

i SW Weshington. DC 20250. Telephone:

the determination of PmitA that the (202)447-4572.

action does not const>fute armapr T 1978), and 44 m 45362 ( August 12.1979).,-

3..

The FinalImpact Statement action significantly aficcting the quality of Frorn that proceeding the Commission P[

deseloping this final rule and the impact the National Emironmental PuLcy Act of providing free service of documents and.

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drscribing the options considered in human environment and in eczord.nce with hoped to gain specific experience with wo9. Pub.1. et-wo. en En vironmental Impa ct free transcripts and to use the ofimplementing each option is available 8t*t'S'"i D f "1'ir'd-experience to deseloP gerwral policy on request from the Office of the Chief.

Directnes Management Branch Farmers (7 USCL 1989 delegation of authonty by the with respect to adjudicatcry.

de ese proceedinga.

..?-

flame Administration. Room 8348 South Agnculture Building.14th and Developernt.7 OR 2 7n)

_ ' Digibilit'y for NRC Procedural

.l Inde endence Avenue.SW.

Dated. June :n. waa ~

Assistanca

v. as ington. DC 20250.

E Jr PtE W E NT ARY INFORM ATION:Ttli.

One allcrnative with respect to i

ihl action has been reviewed under

1. N F.

Procedural assistance is to provide it to A

l'hDA procedures established in fuU participants, i.e, parties, who submit S-cretsry's Memorandum 1955 to

" M " *** *'t an affidavit to the llearing Board I!

implement Executive Order 12044, and'

" stating, with brief factaal support. that t-M been classififd "not significant".

- their abilit to participate would be sign can y impay withet We This action wiU save time and reduce NUCLEAR REGULATORY assistance. Under this alternative the py erwork. lf the exhibit were to stay in COMMISSION

' Commission would have had to provide t!4 Federal Register. each time the the Boards and parties with some interest rate changed it would be 10 CFR Part 2 nnessary to bring this exhibit up-to-guidance as to who would ordinarily -

d4te. Removing this exhibit and making Procedurs! Assistancein Ad]udicatory qualify for assistance under this pf standard. liow ever, offering procedural a t.

it available in any FmilA office is the Ucens!ng Proceedings assis1ance to aU intervenors without Ii

r. cst prompt way to provide information 1

on interest rate changes.

Acoecv:U.S. Nuclear Regulatory qualification might offes enough savings.

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ne Farmers llome Administration Commission (NN C).

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

, ACT10pc Effective rule, qualified to receive a'ssistance to be,

worth the extra expense of assisting a se c tion 1951.25(a)(2) and deletes Exhibit

SUMMARY

NRC is amending 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-band, it is incongruous to charge an L-gula tions.

year pUot program of procedural applicant from $50,000 to $1 miUion for it is the policy of this Department that assistana in adjudicatory proceedings processing an application and then to I

rules relating to public property, loans.

on applications for licenses and offer it a free transcript. worth on the g ants, benefits.'or centracts shaU be amendments thereto, except for antitrust order of $1,000.

pbhthed for comment notwithstanding Proceedings, to parties other than the On balance, the Commission has the exernption in 5 U.S C. 553 with apphcant by (a) upon a party's request..

decided that the better alternative is to rispect to such rules.nia action, Providmg one transcript without charge provide procedural assistance to aH f

heaever,is not pubbshed for proposal-to that party and (b) upon a party a parties other than an applicant in

.4 rt\\ making since the pu. pose of the request. copying and serving withat adjudicatory proceedings on

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rMge is administrative in nature and charge that party a testimony [ including applications for bcenses and p6hcation for comment is unnecess attachments,). proposed findings of fact

. amendments thereto.

Herefore, the Table of Contents a and conclusions oflaw, and responses l 1951.25(a)(2) are amended and Exhibit to discoverey requests. In addition, the NRC Prodston of Free Transcripts A is deleted as follows:

regulations are amended to require that Transcripts are usually expensive.

Parties,includ ng an apphcant. file with especiaUy when fast copy is requested.

Tc.b of Contents NRC an ongmal plus two copies of cech A twical transtsipt for one day of a.

Proceeding runs about 200 pages. De Ed.ibit A-4AssilaNe in any TsallA Otra) ongmaI end twenty copies.

original of such a transcsipt. govided trFECTIVE D ATC july 25.1953.

the riert morning costs about M supplementary copies cost about $100.

i 9 51.25 Review of Umited Resources FOR FURTHER INFORMAT10N CONTACT.

8 FO cnd OL loans.

Thomas F. Dorian. Esq Office of the in the S-3 proceeding. transcripts were (a) Frequency of seriews.

Executive Irgal Director.U.S Nuclear requested by most p~hlic interest (1) * *

• Regulatory Commission. WashinE on.

groups, industry representath es and t

[2] he lCiterest rate on FO loans will D C. 20555 (Telephone: (301}-4924690).

utilities. De principal conclusion that be increased in accordance with the suPPLEutNT ARY IAFCKW AT10nc In order can be drawm from that proceeding is Schedule'in Exhibit A of this Subpart to help parties assist the Commission in almost seII-evident. namely, that NRC's lavailsble in any FmilA office ) he arriving at its decisions, the Commis sim offer to proside an expensive service Ic &ns will then be reviewed at least on several occasions over the past (transcripts)is attractive to most parties.

en2 esery two years. approximately 60 ses eral years has considered proposals Dese parties in turn, can better assist e

6 m

r o!. 45. No.1<5 / Fr!?cy L'y Z U.: / .'

u .g.h t!dns

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49336 F(dera! Reg! ster /

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the Comminion in arr!ving at its Md. 5 Comm!nion. Concern he Nen' r

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pmpa of in a cerying and sen-ice.

4 decisions.

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espressed that free scnice w ould Cop 3 q and senice have been < -..'

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nere is no reason why free. n encourage abuses in the fc m of requested b Inten enors in a number of 3

I, in adju$nts could not be rnade available os cr:ong. uneited or unnecessary, "" '" in:.tanccs c.nd the s elue of the -

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transcri cations to parties, other than filings. In general. for those who assistance. both to intervenors and the I

the app!; cant, et ine earne time and

. ultimate!y requested cop 3i knd - [

quabty of Commission decis!onmaking.

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Iocation enney are made available to - senice, there were no signiacant.,

cuy be worth the rnadest delay entai!cd.

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the NP'.; staff. If transcripts are mailed d.fferenct e in length or frequency A one.ycar pi!ot pregam would a!!aw to Re staff, they would also be mailed to between filings cc-ied and served by NRC to obtain Information on this effort '

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'oten enors. nis senice could rep! ace the parties themse.s cs and those copied and on an3 p ob! ems such a pregam present practice where mernbers of the and sened by NRC at a p art 3 s request.

may present, as well as answer whether staff or the I.icensing Board frequently nis esperience sq2ests that a NRC copying and senice of testimony is lend an intenenor an estra copy of the progam of free NRC cep3 g and an incer. tis e to timely filing.

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tunscript. although on s necessardy senice is not 1;kely to be abused.De of m a bC e du

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irregular basis. TranscHpts are Comm!ss!on does not msb to assume particu!arly important to the many this responsibitty for all c!ssnes of Parties in !!ctns!ng proceediqs. under intenenors who attempt to make their documents, since this w ould create 10 CFR 2Jo%d). file or sen e documents cases on cross-examination.

substantial de!ay. It has, hcwever, -

as fo!!cw a the crt:nal and 20 copies Derefcre. the Commission has -

identified on eral categodes of with the Comm%:an. and one copy on decided to initiate a one.3 ear pilot

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

program to preside free tracacipts on arise frequently.Reir senice by the beariq pan'el in question.De 20 copies Licen.ing Ik>ards wtD hase the Ccmmission would thus relieve parties fi!cd with Docketing and Senice are for the basis presiously descibed.

o of a substantial burden without the Ccemin:ofs cons enfence for

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discy!'on toiuntrol the d;stribution of in'rodocing subs'antial delay. Dese internal infamWon al distribution; the f

transcripts to parties-for example. to categodes are:(1) testimon3 (includmg appropdate Tard and the parties are tunit d.stributsan to some but not aU of a attachments) (2) proposed findigs of sened separately.

consolidated group ofintenenors or to fact and conclusions oflaw. and (3)

Rese 20 ceples are not adequate for responses to discovery re' vests intemal NRC distHbution needs. In only those phases of a hearing in which rtistis e terms. senice of (1ese. In practice. Docketing and Service an inten enor intends to participate.

documents need not be as rapid as items distributes some copies upon receipt;

-. NRC Prosis. ion of Free Copp.ng and such as briefs or motions. A rough look making additional copies creates a time b' *'*

• at fi!ings in licens!q proceedings, lag of up to several days. Since the Most licensing proceedings produce ind: cates that these documents tend to copies Docketing and Senice sends out dozens of filings It should be noted that. be relatisely buliy. Also, docu=enta are info =atisnal the Comminion frequently, parties in complex containing testimony and ethibits perceis es no tight time constraint on

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proceedings routinely sene more people cc *eln substantise contentions and are, interal irbrr:ation distribution; the than necessary. Particularly in those in effect the " essence' of NRC normal t'me lag necessary to a!!ow NRC proceedings in which cer!ain aspects of p oceediqs By processing them.NRC to do at cop 3 rq ofintemal distribution i

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an issue base been heard before aU would be cop 3 ng and sening a documents wouid not cause i

f lesels of NRC adjudicatory boards.

substantial amount of the number of inconsenience.nerefo e. the 4

parties tend to coepite senice lists pages fi:ed, a senice which would have Commission has decided that au parties.

which reflect the entire history of the high pa3cff in terms of reducing costs to including appl; cants, need fue with the proceedmg. rather than being tailored to inten enors, without substantially Commission on!) an or"inal and two the particular paper being filed Random impeding the prog ess of the ^ c.

copies. the or~g!nal would go to the checks of semce lists show that this adjudicatory process.

docket f!!e. one copy would go deectly sort of error accofnts for between 3 and -

Copying and senice of these to the Public Document Room. and the g

7 extra copies rnade and dist-ibuted.

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

. De Commission wishes to emphasize cause scme sery smaU delay in the reproduction.

j that parties should be aware that hearing process. A licensing proceeding gn.dtrust Phd' gs m

senice is required on!y on the ma3 require seseral rounds of testimony Co nmission br the pertinent

'and an opportunity to file prcposed NRC wiU not provide free transcripts and free cop 3 ng and semce m antitrust i

adjudicatory board and the parties and finings of fact and conclusions oflaw,

{roceedings ne studies of filings hase that parties endcasonng to hold down (Responses to discosery requests ar, their costs should carefuUy monitor their, also filed. but not on a ti ht time s

enuronmentallicensing proceedings.

een confined to health. safety and 6

I senice lists.

schedule.)

In December 1977. the Co:nmission At least five days would be required While the Comrnission belieses that the g

authorized the Docketing and Senice for each set of documents to reach the changes w ould substantiaUy assist a

Branch to copy and sene submissions in Commission and be copied and mailed inten enors in those proceediqs without the S-3 proceedmg. if requested to do so to the parties and board reembers, fr.troducing subriantial delay. it does ai b) parties to the proceedmg Each party ' nerefore. the rule prevides that not know whether these conclusions can

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requestmg this anistance served an documents filed with Dodeti g and be extended to antitrust proceedmss.

original and two copies on NRC. Others Senice in the three categodes nere may be. in fact, substantial h-fo!! awed normal p ocedures. namely, presioes!y destnbed shou!d be filed not d.fferences in the extent and general senice on other pa-ties and an original

'less than fise_da3 s befo e the date at buik of disresery between the two kinds" plus 20 cop:es on NRC.

which they are submitted to an of proceeding In addition, the ne results show that the availability adjudicatory board, unless the presiding Commissim does not know whether of free copying and senice had no officer presides otherwise.

Farties in au: trust proceedings are discernib!e impact on the length or On ba!ance. the Co nminion has likety to nei d such assistance as frequency of filings with the decided to undertake a one-> ear pilot inten enors la health. safety. and S

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Fedcral Ecgistrir / Vol. 45 No.145 / Fr;de'y lu!y 25. It'0

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i The nu.::. Ikr t l

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license or an amenir.cnt thereto, the y proccss, tr;;^ r7 w h th iM.f 12 C::..c. i -

n presiding omcer may arrarge fueprovision of one free tra f

.e b;: cir re

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i wiror: ment'al proceedings. Consequently, the Commission will

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. under;pne s'gnifictnt cecction 4.13 w as Ics

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party.other than the ap;Iicant, upon ' request by that pa fr.vestigste this area further before.'

redewcd in 1976.Cotseq cctly, man l

c sting eny char ges..

be made available to a party at the same Bccause these amendments relate into disuse or Ecve been fcad to be o time and location as it is made avaUableto the NRC sta t

solel) to agency procedure and practica.

a number of new forms have been

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the Commission has found that good,,

to the staff,it will also be mailed to the j

case exists for omitting notice of adopted to accommodate new statutory requesting party. A presiding officer has poposed rulemaling and pubhcprocedure thereon. as unnecessary, and requiri:ments and supervisory needs.

the discretion to control the distribution DRAFTING INFORM ATIOPc T

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l for mcking the amendments effectivein.::nd.ately without the customary 30 of transcripts to parties.

[Sec.161p Pub. L 83-703, as amended. 68 f evin. Senior Attorney.OGce of the stat.94sp, as anwnded (42 U.s C. 2201p );

P.arsuant to the AtomicEnergy Act of Date'd at Washingion. D.C this 21st day d ComptroUct of the Currency.,

dr,)s notect (12 ES C i1, er sm 12 ES C 53c 5 E 1C54, es amended, the EnergyEcorgnization Act of 1974, as amended.

For h Mar RegdsW 8381

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July.19ao.

NWn.

e,the fo o ng S**"*II N Adoptionof Amendment:

I' smundments to Title to.phapter t. Code Secmury of de Comm/nica-12 CFR 413 is amended to reed as

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n fed i es ef Feder:1 Regulations.Part 2 is oms rw.m a es t pt on g,ygw,,

pubhshed as a document subject to

. erusso coot rsaws.e

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I 4.13 Forms and bstructions.(a} N l'.

cod.fication.

numbered forms of the Office of the DEPERTMENT OF THETREASURY PART 2-RULES OF PRACTICE FORDO!!ESTIC UCEh; SING PROCEEDING Office of the Comptrofler of the.

currently in use:

ComptroUer of the Currency are

1. Section 2.708{d)is amended to re'ad:

CC14HL Ohn Dinct and I,d! net Currency Indebtedness and/or other Benh f

I 2.7ca Formalrequirements for 12 CFR Part 4 CC14::-OX; NationalBank namins<s Seel CC 14:4-OX: Asseto to be Chars.d 05 by l

.g NabonalBank hominee (d)Except as otherwise prended by -

TtM DmMepods d this part or by order, a piesdmg(or Dese.!ption of Of';ce Procedurse, PubncInformatbn;Fbms and CC1N bomben CbecDst lee

&* *i

• t"'

cther document) other than correspondence shad be fJed in an criS nal and two conformed copies.2. Section 2.712 is amended by adding Office of the ComptroUer of the CC1 N'Q Inatmccons e

i bamination CC1425-OX. Report of bammationC ActMCY:

e new paragraph (f) as foUowa:

UMU-ACTec Final rufe. '

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l2.712 Ser%ce of papers, methods, proof.

the Coc ptroller of the Currency suuu ARY:' Itis amendment tevises 12 CC 1427-OL Voluntary Cha.ge-Offs d (f) fire ccpying and service. Except in CFR 4.13. the regulation which identifies CC14:8-OX. Report of Visiteban Instalment Loans all forms used by the Office of the an antitrust proceeding.In any adjudicatory proceedmg on an ComptroUer of the Currency (-Office").

CC1M3cpod of ham:nah d the Cdtion d es The purpose of the amendment la to application for a license or an update the officiallist of forms to reflect cmendment thereto, the Commission.

CCTnut Department the deletions and additions made in recent E m m M D es Proces e upon request by a party other thI Examination Report cpplicant, wi cop and serve wi, CC 1451-OX: Biestsphical Data Work Sheet at party a testimony years.

cost to that party roposed EFFECTtvE D ATT. July 25.198a CC 1457-01 Report of National Bank (includirg attachments usions oflaw.

FOR FURTHER INFORMAT)OM CONTACT hamber for Wed End ng -.

Jonathan L levm, Semor Attomey, CC14t.5-OL Insestment Sheet ITrust findings of fact and co and responses to discovery requests. Office of the Comptrollerof the D.part:wnt)

These documents should be filed with CC 1600-AX: Larainer's Credit Une Sh Currency. 4901 Enfant Plaza East.S.W.

- Docketing and Service notless than five 1001-OX. Personal. Farm or Ranch,

Washington.D C.20219. Telephone:

CX:

d2ys before they are due to besubmitted Io en adjudicatory board.

UscalIrler rStatement (202)447-1177.

suPPt.EMENT ARY EMFORMA110sc This CC 1W-OL Feencia! Statement--Enium CC 16 unless the prt 6 ding officer provides amendment conforms to the requirement CC 1ec3-OL nsal biens of 5 U.S C. 552 that each agency publish CC leML Re al Eatste M artGES' direct une ctherwise '3. Section 2.750,is amended by adding in the Federal Register descriptio::s of CC tec -OX Consu=er nnance in CC 1600-OX: Couumer Loance--Past a new paragraph (c) as foUows:

hich are 8Eency forms and instructions wavailable to, and may be ob 3 23 OM mpe,trans*

CC160"-OX File Comments. Trade le*n*

the public.The amendment reviscathose portions of 12 C CheckinaJ'reddImest:gations. Average (c) Tree transcript:Except in an Balances. ee-entitrust proceeding. in any adjudicatory the nun.bered and unnumbered forms

. CC noSOL M-Description proceeding on an application for a currently used by the Office. Also, theCC1&r)-OX Co!!ateralSheet amendment provides more specific CC 1610-OL Deect tease Dnancing

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Information for obtainmg Copiee of CC1611-OX-Ce!:steral une Shp 8

q Coamon Notu of an ester. mon ut! sppeat la Office forras.

g the Federst Repster.

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