ML19331D420
| ML19331D420 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 08/29/1980 |
| From: | Rothschild M NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Fouke R CITIZENS FOR FAIR UTILITY REGULATION |
| References | |
| ISSUANCES-OL, NUDOCS 8009020432 | |
| Download: ML19331D420 (5) | |
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UNITED STATES
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NUCLEAR REGULATORY COMMISSION g
,', E W ASHINGToN, D. C. 20555 C
%,,,,, *#g August 29, 1980 Mr. Richard L. Fouke Citizens for Fair Utility Regulation (CFUR) 1668-B Carter Drive Arlington, TX 76010 In the Matter of Texas Utilities Generating Company, et al.
(Comanche Peak Steam Electric Station, Units 1 and 2)
Docket Nos. 50-445 and 50-446
Dear Mr. Fouke:
I am writing in response to your letter of August 15, 1980, in which you request from the Staff a copy of the transcript of the prehearing conference held in this proceeding on May 22, 1979.
As you may know, the Commission recently amended its regulations at 10 CFR 82.750, effective July 25, 1980, to provide for a one-year pilot program of procedural assistance to parties other than the applicant in adjudicatory proceedings on applications for licenses or amendments thereto, except for antitrust proceedings.
Enclosed is a Federal Register Notice, " Procedural Assistance in Adjudicatory Lic'nsing Proceedings," 45 Fed. Reg. 49535 (July 25, 1980) announcing this new policy. The policy authorizes pre-siding officers in such proceedings to arrange for free transcripts upon the request of parties other than the applicant and also makes substantial changes in NRC practices regarding copying services available for parties other than the applicant. This may be helpful to you in the future for this proceeding. You should note, however, that the policy is not retroactive and therefore does not apply to a request, such as yours, for a transcript of a session of a proceeding which occurred prior to the effective date of the rule.
In the past, it has been the Staff's practice to informally provide, upon request and on a loan basis, the single extra copy of the transcript the Staff receives to the Intervenors as a group for their use.
In this instance, since there are a number of Intervenors, rather than providing the Staff's extra copy to you alone for your personal use, I have requested that a copy of this transcript be placed in the " mini"-local public document room at the University of Texas, Arlington (UTA). As you know, the facility at UTA is not an official local public document room.
Rather, it is a mini-local'public document room, set up on a temporary basis for the public's convenience and contains only selected documents (e.g., FSAR, ER and amend-ments and Inspection & Enforcement reports).
In addition, I have confirmed M09020S
Mr. Richard L. Fouke.
with Mrs. Souder of the (NRC) Local Public Document Room Branch that there is a copy of the transcript you requested in the official local public docu-ment room established for the Comanche Peak facility located in Glen Rose.
The availability of the transcript in both the UTA document rnom and the
- official local public document room will insure that not only you but all of the Intervenors will have access to the transcript.
Should you need'a copy of the transcript for your personal use, a copy may be obtained at 8c/page from the NRC's Public Document Room (PDR) in Washington, DC.
Yuu should direct your request to:
Jeanne Hopkins Public Document Branch U.S. Nuclear Regulatory Commission 1717 H Street, N.W.
Washington, DC 20555 Please note that on approximately September 16, 1980, the price for copying transcripts will be reduced to Sc/page, if from "hard-copy."
In order to take advantage of this price reduction, you may wish to delay your request until after September 16, 1080 or ask that it not be processed until after that date.
I trust the foregoing is responsive to your request.
Sincerely, M
C ML lll W w h.4 L cl E l Marjorie Ulman Rothschild Counsel for NRC Staff
Enclosure:
45 Fed. Itejg. 49535 cc w/ enclosure:
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i Federal Register / Vol. 45, No.145 / Friday July 25, 1980 / Rules and Regulations 49535 action is taken as a result of an days prior to the anniversary date of the to reduce cost burdens for parties in administrative decision.
note.
Commisson adjudicatory licensing proceedings on applications for lanes EFFECTIVE DATE: July 25,1980.
FOR FURTHER INFORMATICN CONTACT
- ExhltHt A(Deleted) proposals were considered in the Carl O. Opstad. Farm Real Estate Loan Nota-This document has been reviewed context of the S-3 rulemaking on the I" cision Farmers Home Administration.
bpa U:,DA,14th andIndependence Avenue.
$,*$v'irEen Stadm traninm fuel cycle. See 42 FR 13803 im t ,
(March 13,1977), 43 FR 6915 (April 14.
SW Washington, DC 20250, Telephone:
the determination of FmHA that the pmposed (202) 447-4572.
action does not constitute a major Federal 1978), and 44 FR 45362 ( August 12.1979).
The FinalImpact Statement action significantly affecting the quahty of From that proceeding the Commission describing the options considered in human environment and in accordance with hoped to gain specific experience with a
developing this final rule and the impact the National Environmental Policy Act of providing free service of documents and 19m Pub.1. 91490, an Environmental impact free tmnacfipts and to use the 3
of implementing each option is available Statement ta not nquired.
experience to develop general policy on request from the Office of the Chiel Directives Management Branch. Farmers (7 U S'C.1989 delettation of authority by the with respect to adjudicatory Home Administration, Room 6346 South
$i23 delega proceedings.
"I
, g9, Agriculture Building.14th and Development. 7 CFR 2.701 Eligibility for NRC Procedural Independence Avenue SW, Dated: June 2a.1980.
Assistance Washington DC20250.
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One alternative with respect to SUPPLEMENTARY INFORM ATION:This final action has been reviewed under
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procedural assistance is to provide it to USDA procedures established in full participants Le., parties, who submit
" ** *"I an affidavit to the Hearing Board Secretary's Memorandum 1955 to' implement Executive Order 12044, and stating, with brief factual support, that has been classified "not significant".
their ability to participate would be gn candy impay wMat h This action will save time and reduce NUCLEAR REGUt.ATORY assistance. Under this alternative the paperwork. If the exhibit were to stay in COMMISSION Commission would have had to provide the Federal Register, each time the the Boards and parties with some interest rate changed it would be 10 CFR Part 2 necessary to bring this exhibit up.to-guidance as to who would ordmarily date. Removing this exhibit and making Proceduraf Assistancein Adjudicatory qualify for assistance under this standard. However, offering procedural it available in any FmHA office is the p
Licensing roceedings most prompt way to provide information assistance to allintervenors without on interest rate changes.
AGENCY:U.S. Nuclear Regulatory qualification might offer enough savings, ne Farmers Home Administration Commission (NRC).
from not having to decide who was amends the Table of Contents and ACTION:Ef'ective rule.
qualified to receive assistance, to be section 1951.25(a)(2) and deletes Exhibit worth the e-tra expense of assisting a
SUMMARY
- NRC is amending its few additional intervenors. On the other A from Subpart A, part 1951, Chapter XVlll. Title 7 in the Code of Federal regulations in wder to prwide a one-hand,it is incongruous to charge an year pdot program of procedural applicant from $50.000 to $1 million for Regulations.
It is the policy at this Department that assistance in adjudicatory proceedings processing an application, and then to rules relating to pubk property, loans, on applications for licenses and offer it a free transcript, worth on the grants, benefits, or contracts shall be amendments thereto, except for antitrust order of $1,000.
published for comment notwithstanding proceedings, to parties other than the On balance, the Commission has
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the exemption in 5 U.S.C. 553 with applicant by (a) upon a party's request, decided that the better alternative is to respect to such rules. This action, providing one transcript withat charge provide procedural assistance to all however, is not published for proposal to that party and (b) upon a party s parties other than an applicant in rulemaking since the purpose of the request, copying and serving without adjudicatory proceedings on change is administrative in nature and charge that party's testimony (including applications for licenses and publication for comment is unnecessary. at%chments), proposed findings of fact amendments thereto.
Therefore, the Table of Contents and md conclusions of law, and responses i 1951.25(a)(2) are amended and Exhibit to discoverey requests. In addition, the NRC Provision of Free Transcripts A is deleted.as follows:
regulations are amended to require that Transcripts are usually expensive, parties, including an apphcant, file with especially when fast copy is requested.
NRC an onginal plus two copies of each A typical transcript for one day of a proceeding runs about 2rn pages.The L.
Exhibit A-(Available in any FmliA Office) origina d wen y copies.
miginal of sudi a trept provided EFFECT1VE D ATE: July 25,1980.
the next mormng. costs about $1.000.
i 1951.25 Review of Umited Resources FOR FURTHER INFORMATION CONTACT.'
supplementary copies cost about $100.
FO and OLloans, Thomas F. Dorian. Esq. Office of the In the S-3 proceeding. transcripts were (a) Frequency ofreviews.
Executive I,egal Director, U.S. Nuclear requested by most public interest (1) * *
- Regulatory Commission. Washington, groups, industry representatives and (2) The interest rate on FO loans will D.C. 20555 (Telephone: (301)-492-4690).
utilities.The principal conclusion that be increased in accordance with the SUPPLEMENT A'.Y INFORM ATION" la order can be drawn from that proceeding is Schedule in Exhibit A of this Subpart to help parties assist the Commission in almost self. evident, namely, that NRC's
.th (available in any FmHA office.) The arriving at its decisions, the Ccmmission offer to provide an expensive service as loans will then be reviewed at least on several occasions over the past (transcripts)is attractive to most parties.
once every two years, approximately 80 several years has considered proposals These parties, in turn, can better assist
49536 Federal Register / Vol. 45, No.145 / Friday. July 25, 1980 / Rules and Regulations
^
th'e Commission in arnving at'its Commission. Concern had been program of free copying and service.
e' decisions; expressed that free service would Copying and service have been C<
l There is no reason why free encourage abuses in the form of
. requested by intervenors in a number of -
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transcripts could not be made available overlong, unedited or unnecessary instances and the value of the n
in adjudications to parties, other than filings. in general, for those who assistance, both to interv,enors and the the applicant. at the same time and ultimately requested copying and quality of Commission decisionmaking, sc location as they are made available to service, there were no significant may be worth the modest delay entailed.
If the NRC staff. If transcripts are mailed differences in length or frequency A one-year pilot program would allow ci to the staff, they would also be mailed to between filings copied and served by.
NRC to obtain information on this effort p1 '
intervenors.This service could replace the parties themselves and those copied and on any problems such a program pi present practice where members of the aad served by NRC at a party's request may present, as well as answer whether fc staff or the I.icensing Board frequently This experience suggests that a NRC copying and service of testimony is ind' ;
lend an intervenor an extra copy of the program of free NRC copying and an incentive to timely filing.
e transcript, although on a necessarily service is not likely to be abused. The irregular basis. Transcripts are Commission does not wish to assume FilinN 20 Copies wie the Commission n,
i particularly important to the many this responsibility for all classes of Parties in licensing proceedings, under Ri j intervenors who attempt to make their documents, since this would create 10 CFR 2.708(d), file or serve documents ar !
c ses on cross examination.
substantial delay. It has, however, as follows: the original and 20 copies U. l Therefore, the Commission has identified several categories of with the Commission, and one copy on er decided to initiate a one-year pilot
' documents which are bulky, but do not each party and on members of the 1
of program to provide free transcripts on arise frequently.Their service by the hearing panel in question. The 20 copies pi the basis previously described.
Commission would thus relieve parties filed with Docketing and Service are for cc Licensing Boards will have the of a substantial burden without the Ccmmission's convenience for.
j discretion to control the distribution of introducing substantial delay. These internal informational distribution: the
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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 of law, and (3)
These 20 copies are not adequate for only those phases of a hearing in which responses to discovery requests. In internal NRC distribution needs. In II an intervenor intends to participate.
relative terms, service of these practice, Docketing and Service 8C NRC Provision of Free Copy. log and documents need not be as rapid as items distributes some copies upon receipt:
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such as briefs or motions. A rough look making additional copies creates a time th at 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 ot:
dozens of filings. It should be noted that, be relatively bulky. Also, documents are informational, the Commission co frequently, parties in complex containing testimony and exhibits perceives no tight time constraint on or proceedings routinely st rve more people contain substantive contentions and are, internal information distribution: the than necessary. Particularly in ' hose in effect the " essence" of NRC normal time lag necessary to allow NRC ar proceedings in which certain aspects of proceedings. By processing them. NRC to do all copymg of internal distribution
?
an issue have been hard before all would be copying and serving a documents would not cause I2 levels of NRC adjudicatory boards, substantial amount of the number of inconvenience.Therefore, the I
pirties tend to compile service lists ages filed, a service which would have Commission has decided that all parties, which reflect it entire history of the igh payoff in 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 a
the particular paper being filed. Random impeding the progress of the copies: the original would go to the
'P checks of semce lists show that this adjudicatory process.
docket file, one copy would go directly fp sort of error 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 comrr.ission may other copy would be used for 3
P' The Commisaan wishes to emphasize cause some very small delay in the reproduction.
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that parties should be aware that hearing process. A licensing proceeding Antitrust Proceedings fin service is required only on the may require several rounds of testimony Commission or the pertinent and an opportunity to file proposed NRC will not provide free transcripts t
ya adjudicatory board and the parties, and findings of fact and conclusions oflaw.
and free copying and service in antitrust Do I that parties endeavonng to hold down (Responses to discovery requests are proceedings.The studies of filings have ds their costs should carefully monitor their also filed, but not on a tight time been confined to health, safety, and sui service lists.
schedule.)
environmental licensing proceedings.
t
,"hj In December 1977. the Commission At least five days would be required While the Commission believes that the authorized the Docke* ting and Service for each set of documents to reach the changes would substantially assist f
Branch to cryv and serve submissions in Commissian and be copied and mailed intervenors in those proceedings without an!
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 Therefore, the rule provides that not know whether these conclusions can
_1 12.
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
(,
i followed normal procedures namely, previously described should be filed not differences in the extent and general ent s;rvice on other parties and an original less than five days before the date at bulk of discovery between the two kinds pro plus 20 copies on NRC.
which they are submitted to an of proceedings. In addition, the ne results show that the availability adjudicatory board, unless the presiding Commission does not know whether 9
of free copying and service had no officer provides otherwise.
parties in antitrust proceedings are f=
discernible impact on the length or On balance, the Commission has likely to need such assistance es D
frequency of filings with the
, decided to undertake a one. year pilot intervenors in health, safety, and 1
i Feder:l Register / Vol. 45.No.145 / Frid y July 15, 1980 / Rules cnd Regulxtions 49537 h'
enviror. mental proceedings.
license or an amendment thereta, the The national bank supervisory Consevently, the Commission will presidjng officer may arrange for process, together with the internal investigate this area further before provision of one free transcript to a administration of the Office have making any changes.
party, other than the applicant. npon undergone significant change since Because these amendments relate request by that party.The transcript wi9 section 4.13 was last comprehensively solely to agency procedure and practice, be made available to a party at the same reviewed in 1tr76. Consequently, many the Commission has found that good time and location as it is made available of the forms previously used have fallen cause exists for omitting notice of to the NRC staff. If a transcript is mailed into disuse or have been found to be of proposed rulemaking. and public to the staff,it will also be mailed to the negligible value to the Office. Similarly, procedure thereon, as urmessary, and requesting party. A presiding officer has a number of new forms have been for making the amendr-s effective the discretion to control the distribution adopted to accommodate new statutory immediately without tb s astomary 30 of transcripts to parties.
requirements and supervisory needs.
days notice.
(Sec.161p., Pub. L 83-703. as amended. 68 DRAFTING INFORM ATION:The principal Pursuant to the Atomic Energy Act of Stat. 948p., as amended (42 U.S.C 2201p.ll drafter of this document was Jonathan L 1954, as amended, the Energy Dated at Washington. D.C thia 21st day of Levin. Senior Attorney, Office of the Reorganization Act of 1974, as amended.
July,1980.
Comptroller of the Currency.
and sections 552 and 553 of Title 5 of the For the Nuclear Regulatory Commission.
(12 U.S.C i 1, et seg.t 12 U.S.C 93a; 5 U.S.C United States Code, the following amendments to Title 10, Chapter 1, Code Samuel 1. Chilk, 552) of Federal Regulations. Part 2 is Secretary ofthe Commission Adoption of Amendment:
published as a document subject to in ox ar,-22m rw-a.-ee us.-t u CFR 4.13 is amended to read as codification.
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I PART 2-RULES OF PRACTICE FOR 3 4.13 Forms and Ir structions.
DOMESTIC LICENSING PROCEEDINGS DEPARTMENT OF THE TREASURY (a) Numberedforms. The following
- 1. Section 2.708(d) is amended to read:
numbered forms of the Office of the Office of the Comptroller of the Comptroller of the Currency are j
i 2.708 Formal requirements for Currency currently in use:
CC 1400-OX: Ofr.cers Direct and Indirect 12 CFR Part 4 Indebtedness and/or other Beiks
)
(d) Except as otherwise provided by CC 1422-OX: National Bank F_. miner's Seel this part or by order a pleading (or
[ Docket No.N]
CC 1424-OX: Anets to be Charpad Off by
)
other docume'It) other than Description of Office Procedures, National Bank Exanuner correspondence shall be filed in an C 1425-CE{oened Repods d Public information; Forms and Examination.
original and two conformed copies.
gnatructions
- 2. Section 2.712 is amended by adding CC 142m:Examinen Checklist for CC 2s"CX Con a new paragraph (f) as follows:
AGENCY: Office of the Comptroller of the n
f Currency.
Examination l 2.712 Service of papers, mettiods, prwt ACTION: Final rule.
CC 14MX: Report of Examination CC 1426-OX: Confidential Memorandum to (f) Free copying and service. Except in
SUMMARY
- This amendment revises 12 the Comptroller of the Currency an antitrust proceeding. In any CFR 4.13, the regulation whh h identifies CC 1427-OX: Voluntary Charge-Offs of adjudicatory proceeding on an all forms used by the Offi x of the Instalment Loans application for a license or an.
Comptroller of the CutTen j (" Office").
CC 1428-OX. Report of Visitation amendment thereto, the Commission.
The purpose of the amewment is to CC 1430-CP: Report of Exanunation-8 CC af b Condataos of he pp can il copy and s e o
a deletions and additions made m recent Trust De artment t
cost to that party that party's testimony years.
CC 1450-OX: Electronic Data Processing (including attachments), proposed EFFECTIVE DATE: July 25,1960.
Examination Report fmdings of fact and conclusions oflaw, CC 1451-OX: Biographical Data Work Sheet and responses to discovery requests.
FOR FURTHER INFORMATION CONTACT.*
CC 1457-OX: Report of National Bank
)
These documents should be filed with Jonathan L Imvm. Senior Attomey, Examiner for Week Er.dmg 3
Docketing and Scrvice not less than five Office of the Comptroller of the CC 1485-OX: Inw stment r.heet (Trust 3
days before they are due to be Currency. 490 L' Enfant Plaza East. S.W Departmenti submitted to an adjudicatory board.
Washington, D.C. 20219. Telephone:
CC 1600-AX: Ex. miner's Credit Line Sheet unless the presiding officer provides (202) 447-1177.
CC 1601-OX; Personal Farrn or Ranc5 2
otherwise.'
SUPPLEMENTARY INFORMATI0ec This
- 3. Section 2.750 is amended by adding amendment conforms to the requirement h$2-O S$e$t n
B sima g
a new paragraph (c) as follows:
of 5 U.S C. 552 that each agency publish CC 1603-OX: FiscalIntenm 21 the Federal Register descriptions of CC 1604-OX: Real Estate Mortgage I 2.m 6
agency forms and instructions which are CC 1605-OX: Consumer Fmance Indirect Line available to. and may be obtained by CC 1606-OX: Consumer Finance-Past Due (c) Free transcript: Except in an the public.The amendment revises Ioans antitrust proceedmgum any adjudicatory those portions of 12 CFR 4.13 which list CC 1607-OX: File Comments. Trade
@s proceeding on an application for a the numbered and unnumbered forms
- Checking Creditin estigations. Average
, currently used by the Office. Also, the CC NX IImds-Description from July 25,19A0 unless utended b) the amendment provides more specific CC 1609-OX: Collateral Sheet commisuon Nonce of an extension will appear in information for obtaining copies of CC 1610-OX: Direct lease Financing the Federal Resmer.
Office forms.
CC 1811-OXtCollateral Line Slip i
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