ML19331B739
| ML19331B739 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 08/08/1980 |
| From: | Smith I Atomic Safety and Licensing Board Panel |
| To: | NRC COMMISSION (OCM) |
| References | |
| ISSUANCES-SP, NUDOCS 8008120714 | |
| Download: ML19331B739 (9) | |
Text
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UNITED STATES OF AMERICA
(
NUCLEAR REGULATORY COMMISSION us c AUG 81980 > I y%
ATOMIC SAFETY AND LICENSING BOARD
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Ivan W. Smith, Chairman Dr. Walter H. Jordan 4
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f Dr. Linda W. Little G'
A In the Matter of
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METROPOLITAN EDISON COMPANY
)
Docket No. 50-263 (Restart)
(Three Mile Island Nuclear
)
Station, Unit No. 1)
)
CERTIFICATION TO THE COMMISSION (August 8, 1980)
The immediately effective rule, Procedural Assistance in Adjudicatory Licensing Proceedings, 45 FR 49535, July 25,1980, authorizes. presiding officers to arrange for free transcripts upon the request by parties other than an applicant "... in any i
adjudicatory proceeding on an application for a license or an amendment thereto...."
One intervening party in this proceeding" has made a request under the rule and the board has learned informally that other parties intend also to request transcripts.
In anticipation of such requests, the board consulted with the Docketing and Service Section, Office of the Secretary and with Commission attorneys involved in drafting the Procedural
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Sholly Motion to Board Ec Routine Free Distribution of Hearing Transcripts Pursuant to Notice, 45 FR 49535-49537, dated July 30, 1980.
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Assistance Rule, who pointed out that the Three Mile Island Unit No. 1 restart proceeding is probably not covered by the rule because it is not a proceeding on an cpplication for a license or license amendment.
We agree with this interpretation and believe that we are without authority to grant requests for
. free transcripts in this proceeding.
The purpose of this certification is to bring to the atten-l tion of the Commission the fact that the terms of the Procedural l
Assistance Rule exclude ' this proceeding, and to request that the provisions of the rule be extended to apply to this proceeding.
Neither the licensee nor the NRC staff has yet responded to the intervenor's request for free transcripts but neither obj ects to this certification.
By this certification we request only the l
authority to consider requests for free transcripts, we do not certify the requests themselves.
In the board's Certification to the Commission on Psychologi-cal Distress Issues, February 22, 1980, LBP-80-8, 11 NRC 297, we reported to the Commission in connection with the Commission's I
stated interest in considering intervenor funding in this pro-caeding, that we had no recommendation to make on that issue.
We stated that our views on intervenor assistance are "... individual and philosophical, and not likely to be helpful to the Commission.
11 NRC at 309.
This is still the case.
In making this request,
l 3-we are seeking only to be permitted to employ the means provided in the Procedural Assistance Rule to assist the board in pro-ducing a complete and reliable evidentiary record without undue delay.
The board requects the Commission to consider the following I
points:
1.
Traditionally board members (and sometimes the staff)1end transcripts to intervenors.during the hearings to avoid delays caused by confusion over earlier events in the hearing and to improve the quality of the record.
This results in some inconvenience to the board whose efficiency is impaired by the need to share transcripts.
In this proceeding there are many parties without resources to purchase transcripts and not enough transcripts to lend.
2, In its August 9, 1979 Order and Notice of Hearing, CLI-79-8, 10 NRC 141, the Commission directed the board to con-duct the proceeding expeditiously and to avoid delay caused by l
unneeded cross-examination.
Id,. at 147.
The board has issued specific instructions to intervenors to limit cross-examination to that necessary for a full and true disclosure of the facts, and we have outlined strict procedures intended to accomplish that result.-2/
The intervenors themselves have, on at least seven
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Memorandum and Order on Prehearing Conference of May 13, 1980, dated May 22,1980, pp. 9-11, and Memorandum and Order, dated May 5, 1980, pp. 5-7.
. i occasions, met at their own expense to arrive at consolidation agreemet.ts, to designate lead intervenors, and to arrange for 3/
the efficient use of cross-examination.-
Transcripts are fundamental tools used in effective cross-examination.
They may be essential to efficient cross-examina-tion.
Transcripts can be effectively used by intervenors to assist each other to be efficient where they have consolidated contentions or have designate'd lead intervenors on particular issues.
If they do not have transcripts, the board may be less able to limit cross-examination to efficient and productive non-repetitive questioning.
3.
The quality of cross-exanination, and for that matter, direct examination, is unproved by informed examiners.
4.
The board has already instructed the parties that it intends to apply the provisions of 10 CFR 2.754(a) to this proceeding, i.e., the parties will be required to file proposed findings of fact, conclusions of law and proposed form of order or decision; that any failure to do so may be construed by the board to be a default according to Section 2.754(b).
Tr. 1973-78.
Access to transcripts is very important to the prompt filihg of accurate proposed findings.
If intervenors must share the few transcript copies presently made available in public document rooms, either proposed findings will be delayed, or if not delayed, they will be reduced in accuracy -- probably both.
3/
Sholly Report to the Board on Consolidation Proposal, dated July 29, 1980.
5-5.
When we speak of transcripts being useful in developing a complete and reliable record without undue delay, we are not referring to contentions relating to the personal interests of individual intervenors in the proceeding.
Many of the contentions are parallel to mandatory issues required to be considered in the notice of hearing and all are within the scope of the hearing.
We cannot identify any contentions relating solely to an intervenor's private interest, all are related to a broader public interest.
The board believes that it will be assisted in arriving at a more reliable initial decision in this proceeding by intervenors equipped with funda-mental litigation tools, particularly transcripts.
6.
Even from the point of view of those interen ed in an early restart of TMI-1, we cannot identify any disadvantage to providing transcripts to intervenors in this proceeding.
The board has the authority to insist upon an efficient hearing and we have used this authority.
We will not permit access to tran-scripts to become an implement for delay.
To the contrary, we will regard transcripts as a reason for not accepting some tradi-tional delays.
With a shorter hearing and record, with greater efficiencyinpreparingfindingsandthek.nitialdecision,much if not all of the cost of providing transcripts will be recovered.
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o 6-CONCLUSION The board requests the Commist 'on to extend the provisions of the Procedural Assistance Rule to this proceeding for the purpose of assisting the board in developing a complete and reliable record without undue delay.
THE ATOMIC SAFETY AND LICENSING BOARD
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Ivan W. Smith, Chairman Bethesda, Maryland August 8, 1980 G
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CERTIFICATE OF SERVICE EE E_
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UNITED STATES OF AMERICA l
NUCLEAR REGULATORY COMMISSION In the Matter of
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METROPOLITAN EDISON COMPANY, ET AL.
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Decket No. (s) 50-289
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(Three Mile Island, Unit 1)
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SERVICE LIST Ivan W. Smith, Esq., Chairman Ellyn Weiss, Esq.
Atomic Safety and Licensing Board Sheldon, Harmon, Roisman and Weiss U.S. Nuclear Regulatory Commission 1725 I Street, N.W., Suite 506 Washington, D.C.
20555 Washington, D.C.
20006 Dr. Walter H. Jordan 881 West Outer Drive Oak Ridge, Tennessee 37830 Dr. Linda W. Little 5000,Heirmitage Drive Mr. Thomas Gerusky Ral'eigh, North Carolina 27612 Bureau of Radiation Protection Department of. Environmental Resources Counsel for NRC Staff
.0. Box 2063 Office of the Executive Legal Director Harrisburg, Pennsylvania 17120 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Honorable Mark Cohen 512 E-3 Main Capital Building Metropolitan Edison Company Harrisburg, Pennsylvania 17120 ATTN: Mr. J.G. Herbein
' Vice President P.O. Box 542 Beading, Pennsylvania 19603 l
George F. Trowbridge, Esq.
Shaw, Pittman, Potts & Trowbridge 1800 M Street, N.W.
Mr. John E. Minnich, Chairman Washington, D.C.
20036 Dauphin County Board of Commissioners Dauphin County Courthouse Karin W. Carter, Esq.
Front and Market Streets Assistant Attorney General Harrisburg, Pennsylvania 17101 505 Executive House P.O. Box 2357 Walter W. Cohen, Esq.
Harrisburg, Pennsylvania 17120 Consumer Advocate Office of Consumer Advocate Strawberry Square, 14th Floor Harrisburg, Pennsylvania 17127
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' 't 50-289 (2)
Board and parties continued:
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Karin P. Sheldon, Esq.
Mr. Marvin I. Lewis Sheldon, Harmon, Roisman and Weiss i
6504 Bradford Terrace 1725 I Street, N.W., Suite 506 Philadelphia, Pennsylvania 19149 i
Washington, D.C.
20006 Ms. Marjorie M. Aamodt l
Robert Q. Pollard, Esq.
i R.D. #5 Baltimore, Maryland 21218 Coatesv111e, Pennsylvania 19320 l
609 Montpelier Street Theodore A. Adler, Esq.
Jordan D. Cunningham, Esq.
Widoff, Reager, Selkowitz Fox Parr and Cunningh==
and Adler, PC 2320 North Second Street P;0. Box 1547 Harrisburg, Pet,svivania 17110 Harrisburg, Pennsylvania 17105 Dr. Chauncey Kepford Ms. Susan R. Barley Dr. Judith H. Johnsrud 1751 East Granada Avenue. Act. 2 Environmental Coalition on Hershey, Pennsylvania 17033 Nuclear Power 433 Orlando Avenue State College, Pennsylvania 16801 Ms. Holly S. Keck Legislation Chairman ANGRY 24S West Philadelphia Street York, Pennsylvania 17404 Mr. Steven C. Sholly 304 South Market Street Mechanicsburg, Pennsylvania 17055 John A. Levin, Esq.
Pennsylvania Public Utility Commission P.O. Box 3265 Harrisburg, Pennsylvania 17120 4*-
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