ML19331B534
| ML19331B534 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 08/08/1980 |
| From: | Cutchin J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-SP, NUDOCS 8008120399 | |
| Download: ML19331B534 (5) | |
Text
UNITED STATES OF A" ERICA fiUCLEAR REGULATORY C0511SSION BEFORE THE ATOMIC SAFETY AND LICENSIf;G BOARD In the l'atter of
)
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METROPOLITAN EDISON COMPANY,
)
)
)
(Three Mile Island, Unit 1)
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fiRC STAFF'S ANSWER TO INTERVENOR SHOLLY'S MOTION FOR FREE COPIES OF TRANSCRIPT 5 INTRODUCTION On July 30, 1980, Mr. Sholly filed "Intervenor Steven C. Sholly liotion to Board for Routine Free Distribution of Hearing Transcripts Pursuant to Notice, 45 FR 49535-49537." Citing the amendment to 10 C.F.R. 2.750 of the Commission's regulations that became effective on July 25, 1980, Mr. Sholly requests that' he be provided with a free transcript of the hearing in this proceeding. He also requests that the Board rule on whether this amendment applies retroactively and, if the Board finds that it does, th6t he be provided a copy of the transcript of the prehearing conferences already held in this proceeding.
DISCUSSION The addition to 10 C.F.R. 2.750 on which !!r. Sholly bases his request is very specific and limited in its applicability.
It applies only in adjudicatory proceedings (other than antitrust proceedings) on applications for licenses or 80081eo 9
_2_
licenseamendments.M This proceeding was ordered by the Comaission to provide it a basis for determining whether any further operation of the TMI-l facility will be permitted and, if so, under what conditions.2_/ The licensee is the holder of a valid license under which operation of the facility has been suspended pending further order of the Commission lifting the suspension of operation.3]
Thus this TMI-l restart proceeding is not a proceeding on an application for a license or a license amendment.
l'oreover, even if the rule were applicable in this proceeding, it would not empower the Board to provide a copy of the transcript of those sessions of the proceeding which occurred prior to the effective date of the rule. The purpose of the rule is to provide a one-year pilot program of procedural assistance to.intervenors in specific types of proceedings to enable the Comnission to assess the costs and benefits of such assistance.
Unless it is extended by the Commission, the rule will be in effect for only one year from July 25,1980.0 The rule became effective on July 25, 1980 and does not authorize procedural assistance beyond that specifically spelled out in the rule. The rule does not apply retroactively.
Provision of the transcripts to intervenors in individual licensing proceedings other than in conformity with 1] 10 C.F.R. 2.750(c).
2f CLI-79-8,10 NRC 141,142 (1979).
3/ Id.
4] Footnote 1 was inadvertently not sho;;n in the Federal Register to be applicable to the addition to 10 C.F.R. 22.750. A correction has been requested.
t t 10 C.F.R. 2.750(c) continues to be. governed by the Commission's decision j.
terminating rulemaking in " Fir.ancial Assistance to Participants in Commission Proceedings."E/
i CONCLUSION For the reasons discussed above Intervenor Sholly's requests for the transcripts mustbedenied.5/
Respectfully submitted, t
l i
_ _ _2~S g..
' M' D wj James M. Cutchin, IV Counsel for NRC Staff
\\
Dated at Bethesda, Maryland this h
j/ CLI-76-23, 4 NRC 494 (1976).
i
._m..
6/ Because of the importance of this matter and the fact that the result j
reached by application of the plain words of the rule change, would ' result in the denial of a free transcript to intervenors in this proceeding during l
the one-year pilot program, the Staff would not object to certification of -
the question.
L_
UNITED STATES OF AMERICA fiUCEEAR REGULATORY CO:'.M!SS10N BEFORE TliE ATOMIC SAFETY AND LICENSING BOARD _
In the Matter of
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METROPOLITAN EDISON COMPANY, Docket No. 50-289 Ef AL.
)
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(Three Mile Island, Unit 1)
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CERTIFICAT_E_0_F SERVICE _
I hereby certify that copies of "NRC STAFF'S ANSWEP, TO IhfERVENOR SH0LLY'S MOTlDN FOR FREE COPIES OF TRANSCRIPTS", dated August 8,1980, ir the above-captioned proceeding, have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk through deposit in the Nuclear Regulatory Commission's internal mail system, this 8th day of August,1980:
- Ivan }{. Smith, Esq.
Mr. Steven C. Sholly.
Atomic Safety & Licensing Board Panel 304. South Market Street U.S. Muclear Regulatory Commission Mechanicsburg, Pennsylvania 17055 Washington, D.
C.
20555 Mr. Thomas Gerusky Dr. Walter H. Jordan Bureau of Radiation Protection 881 W. Outer Drive Dept. of Environmental Resources Oak Ridge, Tennessee 37830 P.O. Box 2063 Harrisburg, Pennsylvania 17120 Dr. Linda W. Little 5000 Hermitage Drive Mr. Marvin I. Lewis Raleigh, North Carolina 27612 6504 Bradford Terrace Philadelphia, Pennsylvania 19149 George F. Trowbridge, Esq.
Shaw, Pittman, Potts & Trowbridge Metropolitan Edison Company 1800 M Street, N.W.
Attn: J.G. Herbein, Vice President Uashington, D. C.
20006 P.O. Box 542 Reading, Pennsylvania 19603 Karin W. Carter, Esq.
505 Executive House Ms. Jane Lee P.O. Box 2357 R.D. 3; Box 3521 Harrisburg, Pennsylvania 17120 Etters, Pennsylvania 17319 Honorable Mark Cohen Walter W. Cohen, Consumer Advocate,
512 0-3 Maia Capital Building Department of Justice Harrisburg, Pennsylvania 17120 Strawberry Square,14th Floor Harrisburg, Pennsylvania 17127
' 4 Allen R. Carter, Chairman John Levin, Esq.
Joint Legislative Committee on Energy Pennsylvania Public Utilities Conan.
Post Office Box 142 Box 3265 Suite 513 Harrisburg, Pennsylvania 17120 Senate Gressette Building Columbia, South Carolina 29202 Jordan D. Cunningham, Esq.
Fox, Farr and Cunningham Robert Q. Pollard 2320 North 2nd Street 609 Montpelier Street-Harrisburg, Pennsylvania 17110 Baltimore, Maryland 21218 Theodore A. Adler, Esq.
Chauncey Kepford WID0FF REAGER SELK0WITZ & ADLER Judith H. Johnsrud Post Office Box 1547 En/iro'nmental Coalition on Nuclear Power Harrisburg, Pennsylvania 17105 433 Orlando Avenue State College, Pennsylvania 16801 lis. Ellyn R. Weiss Harmon & Ueiss Ms. Frieda Berryhill, Chairman 1725 I Street, N.W.
i Coalition for Nuclear Power Plant Suite 506 Post'ponement Washington, D.C.
20006 2610 Grendon Drive-Wilmington, Delaware 198,08
!;1s. Marjorie M. Aamodt R.D. #5 Holly S. Keck Coatesville, Pennsylvania 19320 Anti-Nuclear Group Representing York 245 W. Philadelphia Stre.t York, Pennsylvania 17404
- Atomic Safety and Licensing Appeal Board esrg,~~ N7_'-g~,
U.S. Nuclear Regulatory Commission f
v Washington, D.C.
20555 James M. Cutchin, IV Counsel for NRC Staff
- Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Secretary U.S. Nuclear Regulatory Commission ATTN:
Chief, Docketing & Service Br.
Washington, D.C.
'20555 Karen P. Sheldon, Esq.
c/o Harmon & Weiss 1725 I Street, N.W.
Suite 506 Washington, D.C.
20006 ee.
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