ML19332C513

Forwards Relevant Documents for Legislative History of Rulemaking Re Rules of Practice for Domestic Licensing Proceedings & Procedural Changes in Hearing Process

ML19332C513
Person / Time
Issue date:	11/21/1989
From:	Bradley Jones NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	NRC
Shared Package
ML19324D684	List: ML19332C513
References
FRN-49FR14698, FRN-49FR30349, RULE-PR-2, RULE-PR-50 AA05-2-01, AA5-2-1, AC22-2-01, AC22-2-1, NUDOCS 8911280212
Download: ML19332C513 (31)

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UNITED STATES

, - 8 NUCLEAR RECULATORY COMMISSION g_

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E WASHINGTON, D C.20555 W

J November 21,:1989 M morandum For:

Nuclear Document Systen Frm:

Bradley W. Jones OGC' i

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Subject:

Regulatory History " Rules of Practice For Dmestic ij Licensing Proceedings-Procedural Changes in the Hearing H

Process" In accordance with the September 13, 1989 Memorandum to Stuart Treby frcan Michael Lesar of the Regulatory Publications Branch, I have attached the relevant doctanents for the legislative history of the above rulemaking. The first list is of those documents which are not to my knowledge available to the public. The second list.is of publically available documents. I m

understand you will forward a emputer printout of these documents to me after they have been entered on tlw NUDOCS systan.

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wM Bradley Jo cc: w/o attachments M. Iasar, RFB 8911280212 891121 PDR PR 2 49FR30349 PDR

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Date January 4,1982 g

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Subject:

1 ? PROPOSED CHANG $S'T0'PART 2: : MANAGEMENT OF DISCOVERY =

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SECY 82-60--

_Date February.12,_1982 Subjecti

PART.2 - CONTENTIONS

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_SECY-86-40:

Datej February 04, 1986

Subject:

PROPOSED CHANGES T0 10 CFR'PART 2 TO IMPROVE THE~

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..THE RRTF AND COMMISSIONER ASSELSTINE

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-HEARING PROCESS:> SELECTED PROPOSALS' SUGGESTED BY a

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SECY-86-40A-Datei February 20, 1986 v

Subject:

PROPOSED CHANGES TO 10 CFR PART 2 TO IMPROVE THE' HEARING

'i PROCESS (SEC-86-40):

CLARIFICATION-0F RRTF PROPOSAL T0' 2;

LIMIT INTERVENORS'-FILINGS'0F: PROPOSED FINDINGS _0F FACT,:

CONCLUSIONS.0F:-LAW, AND APPELLATE BRIEFS y

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fMEMORANDUM-Dated April 17,_1986 4 Memorandum For: Herzel-H. - E. - P1aine-and Guy :H...Cunningham General Counsel

-Executive' Legal Director From:

Samuel J. Chilk, Secretary

Subject:

SECY-86-40/40A 1

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'SECY-86-40B Date May 1, 1986-

Subject:

-PROPOSED CHANGES TO 10 CFR PART 2 TO IMPROVE THE-HEARING PROCESS: ' SELECTED PROPOSALS SUGGESTED BY THE RRTF AND l

COMMISSIONER ASSELSTINE (SECY-86-40/40A) f7.

LMEMORANDUM Dated May 27,1986

-Memorandum For:

Victor Stello, Jr.

Executive Director for Operations From:

Samuel J. Chilk, Secretary l

Subject:

SECY-86-40B

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JMemorandumTFor:.

Cha~irmanZech-v

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Commissioner : Rogers:

-Commi ssioner? Curti ss -

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LSilbject:i FINAL RULE FOR REVISIONS-TO 10 CFR PART.2'TO.-lMPROVE

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.10J MEMORANDUM-Dated May 110,11989

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!Memora'ndum.For:

Chairman 1Zech r'

' Commissioner' Roberts" P

' Commissioner Carr

' Commissioner Rogers

~ Commissioner CurtissL From:

Christine:N. Kohl, Chairman

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- Atomic Safety and, Licensing Appeal Panel

Subject:

FINAL RULE'FOR REVISIONS TO-10 CFR PART 2 TO IMPROVE THE' HEARING PROCESS (SECY-89-133) r

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AFFIRMATION V0TE Date June 09,1989 Vote Sheet From:

Commissioner Curtiss R

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Subject:

SECY-89-133 - FINAL RULE FOR REVISIONS TO 10 CFR PART 2 T0 1

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AFFIRMATION V0TE Dated June 16, 1989 Vote. Sheet From:

Commissioner Carr

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. RegulNoryfReforn Proposal 1Concerning-Rules of Practice-Land: Rules for Licensing l Production and Utilization 1

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Q dfor Proposed Rules reder i resi i r De Yoh 46, No.109 i

y Monday, June B.1961 Is rspset final ~

,nd TNs secton ct the F EDERAL REGISTER Commission. Washington, D.C 20555 official derign teu to rule on conwns notices to the putAc.of the (202) 631-1 % 5.

intervention questions could dis'mks or try gnpowd issuance of rules and

$UPPLEMc.Ytt RY INFORM ATaoN: In recent otherwne irnpose a banction ret.pecting 3 s

repeons. The pu pose of these notices weeks the Commission has been any petition request.or contention that.

I a to 94e interesteo persons an exumining its hearing Proce5S to is I und not I r.atisfy the requirement.

yIon 1 t a tnat determine if there are means to opedite The Atomic rnergy Act of 1954. as Eday g

to t

,,u the hearing process without reducing its amer.ded (42 U.S C 29al provides that quality or fairness. As a result of this

the Commissmn shall grunt a hearing review the Commission has sought upon the sequt 51 of any pm=on whose comment on several proposed inten st may be effected by the tWCLEAR REGULATORY amendments to 10 CPR Part 2, the proceeding. und shall 8dmit smy such COMMISSION Commission's Rules of Practice (46 FR person as a party to such proceedmg."

' g33 17210. March 10.1981) and issued a Commission rules for intervention (10 j

10 CFR Part 2

" Statement of Policy on the Conduct of CFR 2.714(b)) further provide that a Licensing Proceedings." The person who petitions to intervene in a Ru!cs of Practice for Domestic Commission is soliciting comments on proceeding must later submit "a

ud to Ucensing Proceedings; Modifications the following additional changes to the supplement to his petition to inters ene to the NRC Hearing Process Commission's Rules of Practice; which must include a list of contentions which petitioner seeks to have ActNCY

Nuclear Regulatory L Intervention in NRC Proceedings

!!!!;ated * * ' and the boes for each Commission.

Formal administrative hearings are contention set forth with reasonable Q:

AcnoN: Proposed rule

• always conducted by NRC as part ofits specificity " To participate as a party, suut.tARY:The Nuclear Regulatory pr credings on epplications for the petitioner must advance at least or.e

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Commission is considering several e nstucU n pennits foinuclear power contention that satisfies this mendments to its Rules of Practice to plants and frer/:ently on applications for requirement.The requirement of a list of asm

'fadhiate expedited conduct of its opwaung Ilcenses and license contentions was intended to serve as -

edjudicatory proceedings.These amendments. Any member of the public the mechanism by which a would-be "E

amendments would require a person whose interest may be affected by the

.interrenor informs the parties to the se dinF ntervention in formal NRC pr cceding is entitled to participate in proceedmg and the heanns tribunal of _

I Fearings to i.et forth the facts on which, NRC hearings under 10 CFR 2.714 and the issues upon which the intervenor contentions,, hear,d. The hat of the contentions are based and the section.189a of the Atomic Energy Act wishes to be

.M sources or documents used to establish (42 U.S.C. 2239a),

m turn was intended to.

2m these facts. limit the number of The Commission is concernod that its crystallize the que@a whether such Interrogatories that a party may file on present Intervention pr cess la not issues are permaa u matters properly i~@ '

another party in an NRC proceeding.

sausfactorily serving the public's within the scope of the proceeding as set and permit the boards to require oral interest in efficient resoluaon of nuclear out in the notice of hearing or notice of M'

featings afe gemaHy ackmwledged as ant hcming issues.Walaype opportunhy for heanng. Admitted answers m motions to compel and contentions are included as rnatters in service of documents by expre>s mall.

An alternative formulation of the bcst sitited for the resolution of controversy in a proceeding and. thus.

ecN smendments would also require an c ntested factual issues. Thus, one sovern the scope of administrative increased threshold showing in support means to more efficient decisionmaking discovery under 10 CFR 2.740(b)(1).

of a contention as a prerequisite to is to reduce th'e possibility that time and Under present practice, the a&nission for hearing.

res urces may be expended by the Commission,officist designated to rule m*

parties and hearing tribunals in a on intervention questions examines y

DATES: Comment period expires on June proceeding on issues that do not involve each contention to determine whether 4,ue J IM1. No requests for extensions of rnaterial factual dis utes. To this end.

(1) the contention is stated with the timr will be granted, the proposed amen ment seeks to relate requisite specificity. (2) the basis is ADonEssEs:Allinterested persons who the Commission's rules on Intervention adequately delineated, and (3) the issue dente to submit comments in (10 CFR 2.714) mor6 clearly enri directly sought to raised is cegnizable in ur cennection with the proposed to the fact. oriented character of NRC individual lit ensing proaedmg a:"endments should send them to the licensing hearings. Under the proposal a Alabama Power Co. (Joseph h!. Farley Sectotar) of the Commission. U.S.

person who petitions to intervene and Nudear plant. Units 1 and 2). ALAB-Syclear Regulatory Commission, request a hearin) would be required to 182. 7 AEC 210. Wir (1974).

Nshington/D.C. 20555. Attention:

set forth at the outset the facts on which The chumination is limited to what Docketing and Sereice Branch. Copies of the contention is based and the sources appears with n the four corners of the comments on the proposed amendments or documents used or intended to be contenti6n as stated. No mquiry is mede ru) be examined at the Commission's used to establish those facts. This into the merits of the contention. All that 1%he Document Room at 17t? 11 Street, requirement would give other parties is required is that the petitioner "stute N W. Washington. D.C.

carl notice of an intervenor's case so as his reasons (Lc.. the basis) for his 3

FOR FURTHcR INFoRMATloN CONTACT:

to afford opportunity for an early motion contention * * *

• H1;ston Lighting cad hiart:n C. hlalwh. Esq.. Deputy General for summpry disposition whue there is Poner Co. (Allens CmL Nuclear Cm.nsel. U.S. Nuclear Regulatory no factua! dispute.The Commission Generating Stntion. Unit 1). A1.AB-5M ii

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9 reder:1 R7glsl:r / Vol. 40, No. It] / Monday, }une 8,1931/ Proposed Rules

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30350 11 NRC 542. f tB (11m).%e petitionct is reope of subequent procceings, an setking to Intervene in nuc!r at licenshsg - j' t

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' under no obligation to demonstrate the -

Intcrvenor admitted to a prneeding hearings. In particular, would be g.

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{f existence of some factual support for a would not be pamitted. eks t nt good Intenrnors could not have a contention p

- rohtention, os a prrnondition to its '

cause, to seek or establish facts or rely admitted for hearing under the j

4 acceptance under 10 Cllt 2.714. %at on sources as to which notice was not alternathe formulation if the docummis.f t,

' obligation cunently arises later in the g;lven when the cor.tention w as and other information submitted fall to a

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proceeding cither in opposillon to a adm!tted. llowever, un intervenor would dernonstrate that there exists a genuine i

motion for summary disposition filed by not be limited to the facts, eources, aind isrue of material fact to be heard.%e

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)4' another part) (10 CFR 2.749) pr at the references identifie'd in bis s Lp;;1ement if NRC official authorized to rule on h~

evidentiary hearing. Al.AB.590 apro,11 he can show g,ood cause such as, for -

intervention matters could ne his or her NRC at 549-51.

example, newly discovered feets, technical hnowledge in deciding h<

q Under the proposed amendment, an sources, or references not reasonably whether a genuine issue of fact exists.

E; interested penen petitioning to evallable when the contention was Further, the alternative amendment i

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intervene in an NRC licensing admitted.

would require the facts asserted in proceeding and requesting a hearing The Commh.tlon believes that the support of a contention to be r ufficient

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must set forth in the supplement proposed amendment would not to state a prima focie case. Finally, a.

gj required by 10 CFR 2.714(b) a concise unlawfully restrict the inten ention contention raising only an issue of law statement of the facts supporting each rights provided by the Atomic Energy would not be admitted for hearing but, i

t contention together with references to Act of 1954 (42 U.S.C. 2230a) or the rather, would be decided on the basis of the specific sources and documents Administrative Procedure Act (5 U.S.C.

briefs end/or oral trgument in q

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which have been or will be relicd on to 554-557). The amendment is intended to accordance with procedures to be Q

cstabihh such facts.Thus, the curiall an intervenor's right to established by the NRC presiding amendment would strengthen one of the perilcipate only on these issues where

officer, 1-4(

purposes of the present rule, which is to the intervenor falls to identify the facts,

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b, give notice to the parties and the scurces, and references on which the adjudicatory board of a would.be intervenor has or will rely for the Currently, parties to NRC proceedhe i

intervenor a concern, by also te ulting contention.

may file interrogatories on the other A member of the public has no parties without any specific limit. The

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har rer is1ased,a d($) I sou ces or absolute or unconditional right to Commission is requestmg comment on a E

k references which have been or will be Inknm in a nuclear p wer plant pr posed rule which would proside that g

i used to establish those facts. References licensing pr coeding under the Atomic unless leave to file additional F; ',

by tit 1e to1en t1iy or genera 1 studles and r.ncrgy Act.BPIv, Atomic Enegy interrogatories is granted by a licensing Commission, 502 F. 2d 424 (D.C. Cir, board, parties m.y not file more than 50 j1

['[p"j,]}"e Deli o o t e Reactor 1974).Secti n189a of the Act which interrogatories on another part in a F

Safety Study la relied upon, specific pr vides for inten ention is subject to single NRC proceeding.This tu e would b'

referenced.

the Commission s rulemaking power apply to all NR,C proceedings including

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portions of the document must be under r,ection 101p and, thus, to hearings on construction permit and R

The amendment would permit the reas nable proceduralrequirements operating license applications, license La staff or applicant to seek and the designed to further the purposes of the cmendment proceedings, antitrust b"

presiding NRC official to compel a more y Act.BPlv. Atomic Enemy Commission, hearings, and enforcement proceedinp specific or definite statement if the supro.,502 F,2d at 427,42a; cee o/so For purposes of the rule,in determining

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w ould.be intervenor (1)ferences at all, 'Amencon TrucAing Ass'ns. Inc. v United what constitutes an interrogatory, em h fulls to submit any facts, sources, or re subpart of a question (whether or not -

f or (2) submits purported facts, sources, ) States. 027 F. 2d 1313,1320-23 (D.C. Cir, designated as such) would be

@f or references which are so vague as to

".1030). Furthermore the right to considered as an interrogatory, except intervention under section 189a for a b

give inadequate notice. The presiding member of the public is explicitly that requests for supporting reasoning

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officer would have the authority to conditioned upon a " request." The relied upon or the name of a witness P

impose appropriate sanctions against a poposed amendments would. in effect, who will testify on a matter covered l'y bm person whose supplement failed to provide that a " proper request" by a an intenogatory response will not count ratisfy the proposed requirement, member of the public shallinclude a r.s separate interrogatories. The rule including the power to dismiss a statement of the facts supporting each would be applied in NRC proceeding l

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contention. As under existing practice, a contention together with references to prospecth ely.Thus, regardlers of how person who fails to file a supplement the sources and documents on which the many interrogatories a party b;. filed 7+

which satifies the requirement with intervenor relies to establish those facts, prior to the effective date of the rule,lt k~

respect to at least on contention would Final'y, the Administrative Procedure could still file an additional 50 not be permitted to participate as a Act creates no independer.t right to interrepatories on each party if the k

party. See 10 CFR 2.714(b).

intervene in nuclear lie. ens'ng period for discovery has not been

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The propowd changes does not permit

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the NRC ofhcial authorhd to rule on proceedings See Euston Utilities closed.

Commission v. Atomic Encrgy The Boerd may grant requests to file

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petitions I6r Inten ention to consider Commission. 424 F. 2d 847, 852 (D.C. Cir.

Interrogatories exceeding the limit srt

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whether the facts, sources, or references

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contained in a supplement are legally 1970)(en banc); cf.Netional Cool forth in the rule ifit determines that pl 6

sufficient to prme the contention.

Operators' Assn. v. Kleepe 423 U.S. 3B8.

a response to the extra interrogatmin to b

llowever, an obviously it, sufficient 398-99. 46 L Ed. 2d 580. 9S S. Ct. 009 essential for the party to adequately fuctual or evidentiary basis could (1976).

prepare its case, taking into account the j

prornpt the staff or applicant to more Comments also are requested on an number of contentions in the proerntu 4

e arly for summary disposliion.

olternathe amendmcnt to the rules on the complexity ofissues. and timhm of J

In recognition that one purpose of the intervention that would ir pose issuance and nmber of staff /eppL mt J

contention process is to help frame the additional requirements on perrons documents. (b) the informatien sm+ht in

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P/J6T -lWits OF H1 ACTICE FOR

[;') A untention shidt riot be tdmitted A,.." m.n> to Conpe3 D.m tury DO"EST60 L10EUS!::G pHCCCEDIN3S. for hearingif the documents and other l Y N tbc Commidfen't cuitent asp.[ations; puttics may file ter. pomes on renhed mder paQnhL t

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thot the:c !? e pneine Loue of m:.terial--

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irde rm.h a nLmlelen orxtscenes s t.f

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?p! hy wj'd jgidc the Rwds with upe:

3

- (b) Not b>Mr dan fifteen (n) de

'Ik '*4 394IS SdNCkDI $9und for -

g

w prior to the holding of the special.)s - 80 CIkn.

tia,

. An to m,a 1.1 the.

g p her.:Ing conference pmsuant to.

- ll))In md!ng the deelsion es to 4

try. 6 be rode t.r. Ih in a,

q tw!6 we icicyhene t J! or other -

t 2.41a. or where no special prehearing whetkr a genuine Inae of material fact f:

z pn 16 sg tona lence, wther th. n in -

conference is held. fificen (15) dcys prior cxists, the inembers of the Daards may -

a W8h!P&

to the holding of the first preheering use their technleal knowledge to judge,

- i q~.pp y

. conference, the petitioner thall file a the merit of the contention.

4 supph rnent to his petition to intervene.

- (4) A contennen raising on!y en lot.e

. Tl e CJnshthn 15 4 ho popeying to which must include a list of the.

of law shall be dec!ded on the buis'of J gg;

.. p endt its licensing bn. ads to n gulre :

contentions whkh petitioner seels to briefs or oral.rgument in accordance -

4 u sintrpor doguments b) ex; ness mail ha,.c litigated in the matter, and the with procedures to be i stab!:sted by the q' b i( esta ey dcbety) Cmnntly, the bases for cach contention set fo:th with pestding cificer or the Dcard. ~

Ce F! pion's rules p:midc hs e days for: seasonable specificity.The sup;1ement (5) A contention shall not be admitted

. nrye!docurra nts th.e of espress rnust set forth a concise statemtnt of the : if the foc!s enerted are legally >..

L 1 ngil n th !!cd circuratances could f.ds supporting i uh contention -

it:rufficit nt to nyport the centention or a

rec. a 1% lin.e to to a do s.

tep04r with ic!cunces to the specific if the contenth n is irr.mnterial or

. Ti y Comminion w Nd expect someer und doct.ments and por: ions irrelcunt to the propend ettion uhkh '

h 6111 dtlNet> to be requi'ed thocor whkh Ln c been or wlU be is befetc the preddirs officer er the =

. (4. thac ptracu' 6p whne it adied tapon to establish such facts. A Doard.

7ppea that cmstrurtien of a facuity.

. petitioner who fa!!s to file such a

0. Sution 2no is revised to scad as rc..g bhi d pilor 10 the t ou;,1ction v.upp ement whkh ratisnes the fo!!cws:

l

.-ef 0 ; a r ut!rt a cnu portediep. or requhements of this parepsph wuh l

c;

" n (inura a w!.ne rope::t to et leavt c.ne contentkn will IW W #.* *.' ' '

+

a,

. expn

.-n is op ti;"3 important.

not be pctmitted to participate 7 s a In regatkg any period of time. the Dec.amc oi the expense of expren mnil party. Additional time for filing the day of the act. es ent, or default after i

dehm3 parties shodd be tequired to supplement may be granted based upon which the designatt d period of time me 0 at ldm of senior only on those a balancing of the factors in paragraph begins to run is not included.The last iWoes.!v me inp+ed to nespond to (ayj)of this section.

day of the peried to computed is

b thqk y bety >.m ed. For ewmple.

Opt /or B in i :41, phresigh (b)is included untos it is a Saturday. S:nda,

..e pt) t a,s be rryne.d to file revised to read es follow s:

c icpd blid:y at the pNce wheir the S

5 IntW aches en a tw3 by espret.s oction or cunt is to occur. in which M.

L mMl T * >heald nat 1 et quired to 1 2.714 htc rant on. -

a s ent the prded runs until tke orJ of ti c espi r.id 00 pics of the Dest day ul'ich is niillitt a Satu/ay.

y@?

inh n atics to the Ivard or to the (b)(1) Not lotu than fifteen (u) days S.mday, nur hoUday. Whenn er a rany l

p.m s t ic proceed;w which me not pior to the holding of the special -

ha thr rght or 15 reached to do sane t

y pl -

bWng. t i d to ropand to the prehearios conic:ence puncant to att or tale s me p:en i d:rg with:n a

n ur

5 3, do; rher the n ni.r cf a i

int:

, les. Alh u.:tady,if a party g 2.nla, or wkre no spechl p* -hearing 1

• f

po ;

4 to im expr, man. wl<n so c onfornre is held, fiftun (;t,) Gp pr:or ne' ice c r e i ripcr rpen L'm td :he on

'19 the Dwd it could use fut to the holdhg of the first prehedog nNi.e er p per is i.cn td mn by

.dl.

A 4.md file its duument thice conferrni c. the petitioner shall fle a in e (5) dap 5511 bc..dJ J to the d.p i ter.

rmpplement to his petition to inatvrne pi va d ;enod On!) tu [2] da s

}

a:

l' J

A 3i032 rederal Regist:r / V14G.' N: 1C / Monday, June 8.1981/ proposed Rules

~

rule.naking and of dispositm,for -

Action: No!!ce of petitions shall be added when a document is -

prehearing conferen7e. ra ther than in ns of

?

sersed by express mail.

writing.

petitions denied.

q

3. In i 2.712, paragraph (c)is revised

~

s.

to read as followr:

6. In i 2.740b. paragraph (c) is t.dded' which reads as follow s.

su w Asw: Pursuant to FAA.s y

i 2.712 Service of papers, methods, proof.

rulemaling provisions gos orning the f

C

- { 2.740b Interrogatories to part.cs-application. processing. and disput.ition

- (c)llow Service may be made. Service

'may be made by personal delivery, by.

(c) No party may file more than fifty 11). this notice contains a summary of of petitions for rulemaking (14 CFR P.nl -

CQ first class, certified or registered mall (50)Intenopatories on ancther party certain petitions requesting the initiation including alt mail, by telegraph, or as during the course of the proceeding.

of rulemaking procedures for the l

otherwise authorized by law. Where -

unless leave to do so is granted by the amendment of rpecified provisions of

@f there are numerous parties to a presiding officer.For purpses of this

- the Federal Aviation Regulations and of proce eding, the Commission may make section each subpart of a cuestion.

denials of certain petitions previoudy f%_

special provision regardin the service

[whether or not designated as such} iS received.The purpose of this notice la to 4j of papers. The presiding o ficer may coesidered as an interrogatory, except im;nos e the public's awarenest, of thin g

req;: ire service by express mall.

that requests for supporting reasoninS aspect of TANS regulatory activitiet Q'

relied upon or the name of a witness Neith<r publication of this notice nor the fd

4. In i 2.720. paragraph (h)(2)(li) is who will tet tify on a matter covered by inclusion or omaslon of information in byQ -

revised to read as follows:

on interrogatory response wdl not count the summary is intended to effect the -

&y as separate interro atories.The Daard legal status of any petition or its fin.d.

y i 2.720 Subpoenas, willgrantleave to ile add!tional-d lti "'

d Interrogator!cs ifit determines that:(1)

N~

(h) * * *~

' response to the extra interrogatories is tmTE: Comments on petitions recelved 1h (2) * * *'ddition. a party may file withessential for a party to prepare rnust identify the petition docket numbei (il)ln n adequately its case taking into account involved and be received on or before:

LW' the presiding officer written the number of contentions in the August 10.1981.

~ ($

interrogatories to be answered b NRC proceeding. the complexity of issues, t.ouRess: Dend comments on the G'

personnel with knowledge of th facts and timing ofissuance and number of petition in triplicate to: Federal Asistion

M designated by the Executive Director for staff / applicant documents: (2) the Administratian, Office of the Chief n $.

Operations. Upon a finding by the information sought is not otherwise Counsel. Attn: Rules Docket (ACC-201).

g.

presiding officer that answers to the -

reasonably available: and (3) the party Petition Docket No.

800 p( j imerrogatones are necessary to a proper was not improvident in its overall use of Inde endence Avenue. SW.,

e g't-decision m the proceeding and that its first 50 interrogatories.

Was ington, D.C. 20391.

snswcrs to the interrogatories are not

~-

n asonably obtainable from any other Dated at Washington. D C. this 3rd day of FOR rVRTHER INFORMATION CONTACT:

b @8 b"'#I'

?

source, the pn siding officer may require The petition, any comments receivedi For the Commluton' 3 O.

that the staff answer the interrogatories.

and a copy of any final disposition nic MG The lim'ts on the number of Samuet J. Chllk.

filed in the assigned regulatory docket M'9.

imerrogatories that may be served on a Secreto y of the Comma.sson-and are available for examination in the pi.rty pursuant to i 2.740b apply to the in D* m-e nkd64-82445ami Rules Docket ( AGC-204). Room 91tt Q

grg, eumo coca tswe'-"

FAA licadquarters Building (FOD 1OA)

, [,N

- - Federal Aviation Administration,im

5. In i 2.730 paragraph (h)is added DEPARTI.'ENT OF TRANSPORTATIDN Independence Avenue. SW.,

~

~fa which reads as follows:

Washmgton. D C. 20591: telephone pn71 NM p'

q

{ 2.730 H otions.

Federal Aviation Administration 420~3M 4' Thir, notice is published pursuant to

<t 14 CFR Ch. I paragraphs (b) and (f) of i 11.27 of Ibit J

(h) Where the mob.on in question is a 11 of the Tederal Aviation Regulatim v-

.metion to compel discovery under this (Summary Houce No. PR-81 101 (t4 CFR part 11).

section or i 2.740!f). parties may file N

answ ers ta the motion pursuant to Petitions for Rutemaking: Summary of Issued in weshington. D.C. on kne 11w

{i'i p

peragraph (c) of this section. The Doard.

Petitions Received and Dispositions of Edward P. Faberman, Petitions Denied sh in its discretmn, may order that the g,f,,,. g j %,, 4 fgj,, g j

amswer be pis en orally during a ACENev: Federal Aviation Enforcenent Dicision. & dero / A rio!icn jj teh phone conference or othe+

Administration (FAA). DOT.

Administration.

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1 4

1 A

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- Federal Regist:r / Vol. 40,- h'o.10^s / Monday.' June 8,1981 / Psopond Rules'.

lm:L*:t -

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=

n..n

~-

9~

~ Pit'tlons for R.hm'ilag Danes te -

t es.we two. e te ve -wsted

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ri!*L.

M towne _..,

,._ Am,d 54 crn tri na r. to omie ce two imaoage %mm et un W.wne+c un t w,, e.~ i.~, nn -

6 y)4pa e*u'l Se**e t*k'vt tv4*C%n P tw DdWy sys!,m 4 a;>?ttt$ OSy co +, m 4.4pasy O' AW tG "thee l' 8^ * * -

e wmtr. 4, ns r. r.m. en s Waie tow ra' rn! e a e e ic es,*+s imes.m se ~

< 8-W m't &f k#dh l# 4%sr 44*,4 aft t4)y y 45$ nom 8 tsc'36 06M**t4W s'id vt> cat am 6,w twi.uir te C

I a.a u t f e

m m a*t,s e e.,c 4ren t.a;me cd acms t.c'se ene ci.m Tre ceteet, tem e.e t + a v ft.

w*cri esma s>.iu,.q, s ret m us, r sr m roi ta use, m av awno.e ra' ria, c.+

n, onecs owy ex.s a,n tr, su.uon. s sinie tre' tre sg,s e-. e.cc<eie vevfat.A e m., p 3.a

v. cy to newt 4 ta:t ew w>ona... e ence os em o o that tse a.ie, mace ne even e >~.

• n m On c+ y ma.wwe3 in w e,4.ta's e v= rn.s.,venyen c rasaori can ocap tw sum eieius tow e r

e cose of resstoa or t e c Nata en,ct o newn! enste:i.ons -

r risti.

ee<nvo M o.anend, w D.

Amens 231447 essa swa iansi

• A russ canrve enay = ped ti sdois e er teto. x too sce9 eu te p(neNe's at cs twee PJ 030 feel er'sied of en oa) gen caponemg urin 4 mask, cows.ngl iie wmr e =8 cm pi '

N rue change e p e

-s e* cor4# ev.er.co se cc war w o.+n eve teg eveemm. ia r

- W9 A Polyf5eM fric..

Avo l 145 r1 to rea'ove t'e' ption of Pe tegJahan lidt stet, al t*4 Awnt stor 1tlosttattw su a

twoua, is er.arta.

cat.co imagn eace, 3 or swing us an ste<.o a< cia'i o mie ce tem sw ro t us ?>.e is * -

tm ma to.e on ew U s ecg.ssems..c.*i ran.ow, es ce e.ie e.e e omste one,abes t+ % erie ned in use F 4A amo*o t#*c iw rees a catmeo pen, t-ee -; -

84te096 e't l'wg% cecipe'ad, entf tie IW1#ty Of sPieire' 4" SJ c14 ' Ope'ates $ sty or s'*chy Cots.,lo e e f

i t' 4 1 sims swie not owmne =nat rAA eepe i cares a can oe 3

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Pctitions for Rufemakirig: Denied cma e.o

r. won.,

tw.er ei the

• rw sam eveed

~ pa n,c staan nw 6.s-et e as.aq eramec coot asio.tdas 14 CFR Part 71 Branch, Air Traffic Division, ACE-532, No.11-2 which describes the applii I in I Altspace Docket No. 81-ACE-8]

FAA, Central Region. 001 East 12th procedure, Street, Kansas City, h!!ssourl 04100' i

Transition Area.Doonville, Missouri; Telephone (816) 374-3408.

The Proposal

-Preposed Alteration SUPPLEMENTARY INFORMATION:

The FAA is considering an amendment to Subpart G, t 71.181, of AGENCY: Federal Aviation -

Comments Invited the Federal Aviation Regulations (14 Administration (FAA). DOT' Interested persons may participate in CFR 71.181) by altering the 700-finit transition area at Boonville, hiionuri ACTION: Notice of proposed rulemaking the proposed rulemaking by submitting (NPRM).

such written data, views or arguments To enhance aliport usage, an additnmal

)

SUMMARY

This Notice proposes to alter as they may destre Communications instrument approach proceduie to the the 700-foot transition area at Boonville, should identify the altspace docket lesse Viertel hiemorial Airport 1r beit.s established, utilizing the liallsville Missouri, to provide additional number, and be submitted in duplicate VORTAC as a navigational aid.The t the Operations, Procedures and controlled airspace for aircraft establishment of this new instrume nt -

esecutir.g a new instrument approach Ainpace Branch, Air Traffic Division, approach procedure, based on this I.

procedure to the Jesse Viertel Memorial Federal Avletion Administration.001 navigaticaal aid, entails alteration of t'.e Airport, utilizing the llallsville VORTAC, Eas112 Street, Kansas City, Missouri transition area at Boonville, Misswm at as a navigational aid.

04106. All communications received on and above 700 feet above ground Iml DATE: Comments must be received on or or before july 18,1981, wdl be (ACL) within which aircraft are before July 18,1981, considered before action is taken on the provided ale traffic control service T1,c proposed amendment.Tbc proposal intended effect of this action is to i nwr ADDRESSES: Send comments on the contained in this Notice may be changed segregation of aircraft using the preposal to: Tederal Aviation inlight of the comments received. All approach procedure under Instrumrni Adminh.tration. Chief, Operations, comments received will be available Flight Rules (IFR) and other airciali proce.dures and Airspace Dranch Air both before and after the closing date operating under Visual Flight Rules Traffic Division. ACE-530,001 East 12th for comments in the Rules Docket for (VFR).

Street Kansas City,Missourt61100 examination by interested persons.

Telephone 1810) 374-3408.

The Proposed Amendment The official docket may be examined Availability of NPRM Accordingly, Federal Aviation at the Office of the Regional Counsel.

Any person may obtain a copy nf this Admir.tetration proposes to amend Central Region. Federal Aviation NpRM by su!Tmitting a request to the Subpart G. 6 71.181 of the Federal Administrhtion. Room 1558. 001 East Federal Aviation Administration.

Aviation Regulations (14 CFR ils11

'12th Street. Kansas City, Missouri.

Operations. Procedures and Altspace repubbshed on January 2.1981 (4e i K An informal docket may be examined Branch. 001 East 12th Street, Kansas

$40). by altering the fo'!owing tronam at the Office of the Chief, Operations, City, Missouri 04100 or by calling (810) area:

Procedures and Airspace Dranch, Air Traffic Division.

374-3408. Communications must identify Boonville, msouri the notice number of this NPRM.

That airspice o.tr nd:r; upw ards. fic FoR FURTHER INF0F.MATION CONTACT:

Persons Interested in being placed on a

[ect Act wi,l.in a Se.de i.dus of thi 1 Dwaine Ililand. Altspace Specialist, mailing list for further NPRMs should Vierte! Memrial Ai7o:t it antude w. -

Operations. Procedures, and Altspace also request a copy of Advisory Circular N. Longitude M4119 ' W1 and withm 4 i,

pg

'; u.

'I'eder:1 Reglstir / Vol. 40, N:.109 / Monday, June 8,1981 / Notices 3M'13 f {Mc p

-=

Id 11, the Staff htember for the Fb.heries

)

rederal Dureau of Investigatton Independent Aicas Tcsk Torte (I ATP) of 3

the National Adilt,ory Committee on Subgroup.The mailing eddnss is:

(uf

' Advisory Policy Board of the National. Ocu.ns and Atmorphere (NACOA) will NACOA 3333 Whitehaven Street. NW.

p>

. Crimo information Center; Meeting incet Wednesday and Thursday, June (Suite 438, Page Dailding #1).

%e Advisory Pol'cy Doord of the 17-10,1081. The Subgroup will meet in Washington, DC 20235, Room b50, Pag' *2,3300 White haven stephante ht. Enet.

e

- Natinnal Crime Information Center 1 [NCIC) will meet on June 17 and June 18, St NW. on June 17 and Room 418. Page Adm/nistmthe Asdstant.

~ 1981,itom 9;00 a.m. umil 5:00 p.m. at the 8r1,2001 Wisconsin Ave NW. on June p no.w n',m us. l 4

ikd Lion Inn. 20th and Chlnden 18-tawo coot amu.m j

Doulevard. Doise. idaho, The sessfons, which will be open to 1

The major topics to be discussed -

the public, will convene at 9:00 n.m. and e

-include:

adjourn at 4:00 p.m. on Wednesday, June r

- {:

(1) Status ofimplernentation of the 17 and will convene at 0.00 a.m. and llATIONAL AERONAUTICS AND c, ACE ADMINtSTRATION J

~

Ir.krstate Identification Index Pilot adjourn at 4:00 p.m. on Thursday, june Ibject. -

10. Discussions with non.Tederal Okuce M1

_, f~

- (2) NCIC access by campus police officials on fishery issues will be t

cnacles'. railroad polica egencies and conducted at this meeting. The tentative Pcrformance Review Dostd; Scntor d-tgional communication centers, agenda is as follows:

Execut!ve Scrvice

~

(3) Reorganization of the NCIC Dont weducaday, June 17 ActNcy: National Aeronautles and '

i 4

(4)The presentation of proposals Re m. mge:

Space Administration.

k(.

recommended by local s'id state users 9.00 a.m.-0.30 e.n-Opening Rernarks-Jay ACTION: Notice of amendment,

/

of the NCIC System and the quality of lanzillo e

- records ulthin the System.

9.M a.'n.-10.M a.m-Ddehng ly lames f.UmtARY: In accordance with 5 U.S.C.

E The meeting willbe open to the public Crutchneld. University of Washington (4314(c)4)), this Notice amends the lattial 1m12m nwn-DMng by bhn 1.tehos.

NASA Notice 81-20, Performance s;. W with epproximately 45 seats available M

. for stating on a first.come first.scrved 3h[2n.$:

Review D ard, Seni r lhecutive Savice, 10 m.-Lunch M FR 121M, Febary 12. m1, wMch U

bols. Any member of the public may 1:00 Am.-2:00 p.m-ndenna by Douglas was subsequcntly amended by NASA file a written statement with the cordon. National rood Processors l!

Advisory Policy Doord before or after 2 00 p.m.-3. p m.-Drief!ng by Lucy Sloan, Notice 81-31,4s rR 20337, April 3,1981,

'. H the meeting. Anyone whhing to address National Federation of Fisherrr.en This notice farther amends the M

a session of the meeting should notify 3.00 p.a-4: p.a-Ducussion of report membership of the Performance Revicw Dontd; Senior Cxecutive Service, by d-the Advisory Committee htonagement

'I1mrsday, June 18 E

Officer, hit, W. A. Dayse, FDI, at least adding the appointment of John E.

pd twenty four hours prior to the start of Rem m. Tap J O'Brien (Term expires July 1002) to =

l7 the sesslos The nolfication may be by 9.00 a.m.-10.00 a.m Brienng by Gilbert replace Gerald J. hiossinghoff (Term (7

mail, telegram, cable or hand-delivered Radonskt. Sport Fish Institute expires July 1082).,

- [

note.11 should contain the name, m Q2 e DATE: Effective june 4,1981, 00 g

corporate designation, consumer Apotionio, State of hfalne ADDRESS: Ihecutive Personnel y

n affiliation or Government designation.

122 noon 400 p.m.-Lunch hianagement Program. NPD-32, NASA along with a capsulized version of the 1:00 p.m.-4mp.m-Discussion of report Ileadquarters, Washington, DC 20540.

NACOA has initiated a study to FOR FURTHER INFORMATION CONTACT I

fered. A creo I

ao formulate national gonla and objectives hit. Philip D. h aller, telephone 202-755-I-

not more than 15 minutes to present a topic, except with the special approval f r @c oceans in the decade of the 0825.

E o! the Chairman of the Daard.

1980 s and beyond. To support the A. ht. Lovelace, conduct of this study, the Secretary of hti@inist.-@r.

I' Inquiries may be addressed to hit.

Commerce has established the IATF for David F. Nomecek, Committee

> e a r m ass.H t.

h1anagement Liaison Officer. NCIC, NACOA.The IATF will be responsible cmo coot n+ews rederal Bureau of Ins estigation, I r the Preparation of preliminary Washington, D.C. 20535, telephone recommendations in the areas of energy, t - -____

a =--

num1ior 202-324-2600, fisherles, marine transportation, ocean ndnerals ocean operations and services, 14UCLEAR REGULATORY COMMISSION y

Dated hta) at 1901.

and waste management and pollution.

Willism it. mbater, Persons desiring to attend will be i

D.trctor.

admitted to the extent seating is Advisory Comm!!!ce on Reactor n rw e% ra,a m o n.m1 available. Persons wishing to rnale

{.fegurds, Subcommittee on Class 9 emo coot murow formal statements should notify the

~ mccidents;MeeUng j

Chultperson of the Subproup on The ACRS Subcommittee on Clats.9 Fisheries, jay G. Canzibo. in advance of Accidents will hold a mecting on June NATION AL ADVISORY COMMITTEE the meeting. The Chairperson retains the 24.1981 in Room 1010.171711 Street.

ON OCEANS AND ATMOSPHERE prerogative to impose limita on the N.W., Washington. DC to review the duration of oral statements and research budget associated with the Independent Areas Task Force' discussion. Written statements may be Severe Accident Research Program.

e Fisherles Subgroup; submitted before or after each session.

Notice of this r.ceting was published Pursu. int to section 10(a)(2), of the Additionel informution concerning hf ay 19.

Frderal Advisory Committee Act 5 this meeting may be obtained through in accordance with the procedurcs U.S C. App. (1970). notice is bereby the NACOA Executive Director, htr.

outlined in the Tcdtral Eq.hter on gisen that the Fisheries Subgroup of the Steven N. Anastaslon, or Clarence P.

October 7,10M B5 FR com), oral or V t!

d'i

)

~g h

C 3D134!

reder:I Reglst:r / Vol. 40 No.109 / Monday..juni8.1931 / Notices '

m

=

" written stateme'r ts may be presented by ; / dvisory Committee on Reactor.

epportunity to present oral staternents y* ; -members of the public, recordings will -

1 Safegentds, Sub:ommittsee on.

'ond the time allotted theiefore can be n

_ lie permitted only during those portions Emergency Core Cooung Systems; obtained by a prepaid telephone call to of the meeting when a transcript is being Meeting the cognizant Designated rederal

)by7nernbers of the Subcomtnittee,itsept, and questions may be asked only 1 The ACRS Subcomm!Dec on Empi yee, Mr. Pap Bachart (taphone i

. Emergency Core Cooling Systems will 202/634-3207) between 8.15 a.m. and -

_(

nonsultants, and Stuff persons desiring hold a meeting on june 23 and 24,1981, 5m p.m, EDT.

I "to mbke oral statements should notify -

• at the Westbank llotel.475 River I have determined, in accordance with.

I the Designated rederal Employee as far Parkway, Idaho Falls. ID. The Subsection 10 d of the Federal l,*

Advisory dom (m)ittee Act, that it may be

~

Lin advante as practicable so that-Subcommittee will review the NRC appropriate arrangements can be inade Programs on I,oss.cf. Coolant. Accident necessary to close portions of this to allow the necessary time during the (LOCA) and Transient Research, the meeting to public attendance to protect J neeling for such statements.

LOFT Facility Research Program (Loss 1978 NRC Authorization Act to review The entire roceting will be open to of fluid Test) and will also discuss the the NRC Research Program and Dodget

l public attendance except it;r those.

NRC's FY 1983 Reactor Safety Research and to report the results of the review to Mslons which will be closed to protect Program Dudget. Notice of this meeting Congress.The authority for such closure -

R proprietary information (Sunshine Act was published h!ay 19.

is EAemption 9(D) to the Sunshine Act. 5 Exemption 4). One or more closed In accordance with the procedures U.S.C. 552b(c)(9)(B).

- sessions may be necessary to discuss outlined in the federal Register on Dated; june 3.198t.

such information. To the cx1ent October 7,1980. (45 FR cc535), oral or

ggg, j

pmeticable. these closed sessions will written statements may be presented by he held so as to minimize inconvenience. members of the ublic, recordings will Adrisory Committee Mangement Officer.

to members of the pubhc in attendance, be permitted on during those portions P****W S+*t * *5 *

' The agenda for subject meeting shall f the meeting w en a transe t is being rumo coos n+cou

• "O W'

• • Y

• "N be as follows: 1t'ednesday, J. une 24,1981, by m' embers of the Subconulttee. Its mm c.m. untilthe conclus/on of beiness.

consultants, and Staff. Persons dedring Advisory Committee on Reactor to make oral statements should notify Safeguards, Subcommittee on Three Daring the initial porHon of the the Designated Federal Employee as far Ame Island Unit 1; Meeting meeting. the Subcomenittee, along with in advance as practicable so that The ACRS Subcommittee on Three any of its censultants who may be appropriate arrangements can be made hl le Island Unit 1 will hold a meeting on present, will exchange preliminary to allow the necessary time during the June 25 and 26.1981 in Room 1040.1717

l t

- views regarJing matters to be meeting for such statements.

~.

11 Street. N.W., Washin on. D.C. to

'i

' considered dunty the balance of the The majority of the meeting will be review the restart modi cations l

meeting.

open to public attendance.The The Subcommittee will then hear Subcommittee will be considering some required as a result of the Tht!-2 1

, presentations by and hold discussions predecisional budget information accident. Notice of this meeting was I

with representatives of the NRC Staff associated with the NRC Safety published May 19.

1 h P d"

their consultants, and other interested Research Program Dudget for FY 1983. In inejin he lRc tor n persons regarding this review, order to perform this review, the ACRS o

Further iaformation regarding topics must be b!c to usa in frank October 7,1980 (45 FR 60535). oral or I

to be discussed, whether the meeting discussion with mem iets of the NRC written statements may be presented by e

has been cancelled or rescheduled, the Staff.Therefore it'may be neceuary to members of the public. recordings will

-)

be ermitted on1 during those portions a

~ Chairman's ruling on requc sts for the cl se portinns of this meeting (Sunshine

. epportunity to present oral statements Act Exemption 9(B)). To the extent of t e meeting when a transcript is being i

end the time allotted therefore can be

[racticab e, these closed sessions will kept, and questions may be uked only i

e held so as to minimize inconvenience by members of the Subcommittee. its j

obtained by a prepaid telephone call to the cognizant employee, hir. David to members of the public in attendance, consultants, and Staff. Persons desiring to make oral statements should notify 4

Urssette (telephone 202/034-3267)

-be a foflows Tuesda and the Designated Federal Employee as for 4

between Et5 a.m. and 5:00 p.m., EDT.

ed e y,

The Designated Federal Employee for June 3J-21.1931 Broo a.m. until the in advance es practicable so that l

this meetm;is hit. Gary Quittschreiber.

conclusion ofbusiness each do.

appropriate arrangements can be made j

I have determined. in accordance with During the initial portion of1 e to allow the necessary time during the meeting. the Subcommittee, along with mecung f r such statements.

Subsection 10(d)of the Federal

~

any of its consultants who may be The entire meeting will be open to 3

Advisor) Committee Act that it may be present, may exchange preliminary public attendance except for those rmccrsary to close portions of this views regarding matters to be sessions which will be closed to protect meeting to public attendance to protect considered during the balance of the proprietary information (Sanshine Act poprietary informntion. The authority meeting.

Esemption 4). One or more closed f

for such closure is Esemption (4) to the The Subcommittee will then hear sessions may be necessuy to discuss 1

Sunshine Act. 5 U.S C. 552b[c)(4).

presentations by and hold discussions auch information. To the extent 1

Daird lene 3, met, with representatives of the NRC Staff, practicable, these closgd sessions will N'

their consultants, and other interested be held so as to minimize incons emence persons regarding this review.

to members of the public in attendance.

Am isxt Cc=n irtre Manegement Officer.

Further information regarding topics The apenda for subject mct!!ng shall I

m iw eiv: red W1 * *3 aan to be discussed whether the meeting be as follews: Thursday andFriday.

]

e~w n con n netM has been cancelled or rescheduled. the lJDC O3 0Dd26.1931, f:3C o.m unfif the Chairman's ruling on requests for the coisclusion ofbusiness each dcy.

I i

3

~

ACa19 +4 AA0FT 9

~

m a n,1984 April 12,

.P==-

M

^

9

^

g x

Part V

~

Nuclear Regulatory e

Commission

=

10 CFR Parts 2 and 50 Regulatory Reform Proposal Concerning l

B Rules of Practice.end Rules for Ucensing Production and Utilization Facilities; Request for Public Comment s

=_.

i tYg 1

e f

\\ci

1

'~

[34333-Federal Rosleter / Vol. 49, No. 72 / Thursday, April 12.1964 / Proposed Rules 1

3Rf04AAR RE004.ATORY information before it, to sulicit public implement the Task Force's 00 11R000001 comment on the entire package of recommendatione.

i 1

proposale Mfore deciding on a N Regulatory Reform Tok I'orce CCPR Porte 3 and 30 particular course of action with twpect found that the quality of the exleting to any or all of the individal proposale.

hearing process can and should be flegueeHor Puhus Conunent on no individualpropouls thus are not improve,d. The three principal parts of flegulatory plWerm Propensi eeneerning the Rulee et PreeWee Commiselon pn posala, nor do they the huring process,i.e., the screening necewarily command the support of a procen, the actual conduct of the s

flutes ter usensing of ProduoHon and majority of b Tuk Force, the Senior hearing, and the deciolonmaking 1

Lftineetten Peelulles Advisory Group, or the Ad Hoc procwe, were cbeely examined and l-Asseem Nuclear Regulatory Committee. Rather, they are aussutione changes in all three areas were Comm6wlon.

for improvemente in the licensing propowd. In' the discuulon which process which have been brought to the lohowa, the improvemente proposed "W"" R*$""t for public comment on Commission's ettention and on which within enth of the three categories are I ch c[ ear power p nelr3 process.

the Commlubn now enke the vicwe of summaHsed. A pcuen4mcuon

~.

the public.

analysis of the proposed changos follow 6 we um la November. test, the NRC As a drafting mattet, the proposale have & section by section analyele ekplaine cased a Regulatory Reform Task Force been cast in the form of " proposed the major proposed changes in more charged with conducting a detailed rules."It should be emphasised, detail. However, minor conforming evaluation of the NRCliconalns procwe however, that the prwent document le changes of an editorial or inelsnif cent for guclear power plante.N not a notlos of proposed rulemaking. If nature are not broken out for specihc Commiselon directed the Task Force to the Commiselon decides, based upon the discuulon.

- develop proposale both for legialetion commente received, that a pp.-ticular Many of the propowd changes are cnd for rule changes to improve the proposal warrante adoption through apphoeble only to " initial liceneing l

process by which nuclear power plante rulemaking, then a formel notice of proceedinge" (a7 defined in proposed are licensed.

proposed rulemaking will be required.

l 24(r)) and, then fore, do not affect i

The Task Force reviewed a large matte: Comment period empires jurie 11 Proceedinge under Subpart 11 of to CFR number of proposale for reforming the 1964. Commente received after June 11.

pan 2. "Rulu of Practke for Domtetic j

lloraokp process through rule changes.

1964 will be considered if it le practical Uceneing Proceedinge" to modify, A tamber of such proposals were to do so, but apurances of

' ouspend or revoke a license. For l

le; warded to the Commluton in a Dra.'t

+

i stoport in November 1st2.* The fact that consideration cannot be given exc6pt u example, the proposed creation of the to commente filed on or before the due screening Atorric Safety and ucensing a proposal was included in the Draft Re date specified herein.

Board to rule on hoaming requette,

- of @ ort indicates only that a contesteus asse'sse: Submit written commente andpetitions for leave to intervene and

~

cok Force membere believed that contentione le applicable only to initial further evaluation of the proposal was 0 '

appropriate. Membere of the Task Force g

N at Regul ory licensing. However, certain proposed frequently held stronel differing viewe g,g,' Wuhington, D.C. 20555' changes will,if adopted, affect all on the merite of indivi ual proposale.

Attention: Dockeiting and Service apney proceedinp. Including Hence, presentation of the proposal Branch. Raamine copies of commerpa enforcement procwdings. Examples in does t:t signify that the particular received at: the Commlulon's Pubg this category include the proposed proposal necessarily commanded the Document Room at 1717 H Street NW" requirement that judicial standards for

. support of a majority of Tuk Force Washington' D'C.

dotermining whether a potential party

, tombere.

Pen pusmesa peronesa?)DeiC00tTACTt has standing will be applied to determine whether a he'ering request or The Draf' Report was reviewed

{ames R. Tourtellotte, Regulatory intervention petition abould be granted.

Intemally by a Senior Advisory Croup, formTask Force, U.S. Nuclear composed of NRC personntl, and by an Regulatory Commission, Weehington.

and the proposed elimination of the Atomic Safety and ucenting Appeal Ad Hoc Comml? tee for ;he Review of D.C. 30655. Telephone: (202) 492-7678.

Board as an intermodlete appellate Nuct:ar Reactor Ucmelng Reform supptsessertany sosponesarsont tribunal.

l-Propos:le. N latter group, established by the ComuaWon, was composed of lattedueden No amendmente to Subparte D and E

. non.NRC persons with experies)ce in the In November.1961, the NRC created a of Part 2 are proposed at thle time.

Those subparte specify the additional l

Commission's licehling precese and Regulatory Reform Took Force charyd procedures applicable to standardized L

procedures. In both the Senlar Advisory to conduct a detailed evaluation of the plant designe subject to the Group and the Ad Hoc Committee.

NRC licensing procen for nuclear power Cfferent members held quite different plants.The Commiselon directed that requiremente of Appendices M and N of to CPR Part 30. Standardination le the views on the merite of particular the Took Force develop propoeste for

(

proposala, and so advised the legtletion and for regulatory changes tos subject of a separate rulemaking. Any necessary changes to Subparte D and E Commiselon.

Improve the lleeneing process for On November 17,1983 the nuclear power plants. '!he Task Force will be addreened in that rulemaking.

Commlulon discussed the package of conducted its review and submitted a

1. Summary of improvemente, ele at a public meeting.The report identliying certain deficiencip in mmlaelon decided, based on all the the existing licensing procen and 3' g,,,,g pf,g,,

containing proposals for amendments to For purposes of the discussion which

'1t= D'*h h'ewt **atata*d PmP*d '*

cheasa consempe beekfunna. the learine proom, the NRC's regulettone tg remedy these follov i, the "ectroning process" refers deficiencies.This notice of proposed to the process for detemining whether a NEcNnNNnk*," N'i rulemaking contains amendmente to the hearing should be held and,if so, wbst else tedaded lesselaun pmpoeek

'JPC's regulations designed to leeues should be heard by the preelding

Federal Regleter / Vol. es, No, ya / %ursday April 13, 1964 / Proposed Rules 14400

?

effloor. De uleteer Reform Took cedent.See Costelr. Ac /fic of phedings.that credibility of th i

i Foret identif three analor ways in undation. 448 U.S.1es,214 (leso,

witneues usually le not a cen;ralissue which the seteening procese could be citing Weinberyer v. Nynson. Wnto.ett and that testimony of a eclentific nature improved. ne first major improvement endMunalitg. lac,,413 U.S. 300 at gan-le well outted to twing toduced b le the proposed creation of e screening 321 (1378). Under existing regulations, writing. Under existing practice anoot Atomic Safety and Licensing Goerd once e petitionerle admitted to the direct testianony % lloonsing

(ecreenit:3 board **. In initiallicensin pr90etadJ)3e. all req)ueole for hearin~ge, g proewding he or the le only required to proceedings le putaitted in wdting. See dreft contentions which set forth the 10 CFR g.748(b). Leitatione on t;.oes.

petitiom for leave to intervene, and beels for the contentions with enemination are also deltable tocauw, proposed contentions will be refe' red to reasonable opocificny,10 CFR thhough the existing rulee authorise the e

r e scrooning board.Under esteting ~

L714[e)(3). No inquiry le mede into the 1.tcensing Boards to Control arou-proctice, the preelding omeer Jungnated merite of the contention and the nomineuon, the Boerde often fell to do to conduct the bearing usually rules on petluonerle under an obligation to so. tn addition, in practics, the value of all such requets. De scrwning board demonstrate the exletence of sone crose.eaamination le often diminlohed will determine whether standing factual support for the contentinn to a by unskilled quwtloning. nle twults in requir2mente have imen mes, nether a precondluon for its acceptance. In a cluttered ts6al record.

hearing or petition for intstvention Practice, this requirement may be met Third, e nek prevlolon le proposed should be granted and which by copying contentiorw frem another contentione m admiulble. Late filed, procu. ding involving another reactor, which would allowjhe screening board

• orihe preelding offtoer o outientions and luues which the nua, an intervenor t eed not fully hearito appolal a pan &pndugling thiiI ohnical presiding omon conducting the haring undetend a contention and frivolous proposes to conalder suo aponst will contentione are ently admitted.ne subjectmetter experisine screening also be referred to e screening board for increased evidentlery thrwnold for board could request the anletance of a detertninellon of adalulbility. As a admisalon of contentions will ensu

the empette to help it determine whether central clearin3 ouse" for besring that frivolous contentione are not there le a technical boele for reaching a h

requeste, intervention petitions, and litigated in NRC proceedings.

concluelon that a proposed contention relen a genuine twue of disputed fact. '

contentione, the screening board will R. Conduct of de Hearing ne tireending omeet conducting the add a necenery menure of

.prealetability to such rulings. Under A ""*I*IISP" " **"""

hearing could appoint a panel to ett with present practica this predictability le poord toimprove the conduct of the hiin or her to hear the evidnico on a lacking because, intervention ruhnge are

{ earing itself. First, under the propoud particular luue, %e panel would then made by numerous Atomic Safety and rules, patrialdiac.ovanw1H lw sna, prepare a report with recommendatione

[ficers, o pawnt abusta msentrolled byprealding or conclusions. Panel membem could to Licensing Boards. Public comment le us o

oppointed from inalde or from outelde particularly invited on the adviubili,ber burdensome disconry, a party willbe the agency, but each member would be of creating a screenirn board or whet each discove

gunt, subject to the exleting notice and the edeting eyetem permitting the seguired to e[t 0n disqualification procedures contained in p

prealding omcer designated to conduct rt m

other things I I""

the heartng to rule on intervention gg g, g.,i,e disconry flhngle bu$d A number of miscellaneous mattere and raise leeues suo sponte should be retained.

on good faith and not primarily for the improvements are also suggested.ne 3 gainst the staffwPortninible disconrynaW&fuleWhich eHows preildin,g purpose of dele Second, under exleting Commiulon lli also bi-omcars.loralasiseusa ca thekown practice, e person who falle to meet appro il mited to matterg which form tb e) elf}foi the'oiaffe poettion on mationMould htightened so the(in all judicial standards of standing may bule buj the most unusual ol

~

a given luue: discovery requwts scope of the~hcaring wo.tuations the nonetheless be permitted to intervene ud be ochhned (or to trigger a hearinal in Commiselon not require the steli to perform "gney to the dispulgd leeues of fact'propFrly proceedmge. See Fordand General Electric Co. (Pebble Springs Nuclear etdditional work on mettere beyond

.placedinto controver Wth(pytin:

Plant, Unite 1 and 2), Cl.1-7647. NRC what'linsidid to support the sta!To to encourage the use of susunsiy sto (1376). The proposed rule require 8 position on the luus or to explain why Procedurn to dispose of issues prior to mattere not relied on by the staff were hearing, summary dispoeltlon motio preelding officere tofpply judicial not conaldered.

could be filed'st arifetage.0f the' pe t:

reguiremen_te for standina in determining Second. subetantial changes are proceedimr. motions whichWe not whether a person may triggehhttring or liilervene in an angelng proce6 ding-proposed in how evidence le preunted controvertert by.other partleimitet.be in initial licensing proceedings. To the granted; and an express provleion le Requiring a person'to demonettete fulleet eatent poulble, all evidence, added to recognl e that the Commission standing wth help ensure thei all

. direct and rebuttal will be submitfed in ' raay designete a Qualified heart.ng participants in NRC proceedings ha" writing a specIsl n,ied forlive

~

examing to preside in initiallicensing an interret in the proceeding sumclent testimony, including crose~ssamine tion, propeedings in lieu"of a thrieTnember to luettfy their participation in the must be demonstrated. In this regard, licensing Soard.

proceeding and the necessary cron examination plane whit.h assure commitment of additional Commlulen that cross examination would be C Improvements to de DPC/8/onm0Alna fosources.

meaningful must be submitted to acelet p,pg,y he third proposedimprovement the prealding officer in deciding whether Severalimprovements to the would talee the threshold for the to permit cross examination.1sgal decleionmaking process are also admloslon of contentions to eteentially scholare and crl*Jce of the current proposed. The most fundamentalle the

, require the reponent of the contention system heve suggested that the scientific spotedfemovdpf}theAlpmle Safety

,19 tended depce suggesting ~the' and technicalleeues, well stated and audslenk a genube factualdispute, properly understooi may generally be indepindent,g Appet Boarg~as ali gnd 1.lcensin

~

intermediate his le consistent with Supren.e Court amenable to resolution on written

_ adminletrative epj ell _ste tribunal. The l[

1

-. - - ---====- - -

Federal Resister / Vol. 40. No. n I hursday. April it.1964 / Proposed Rules 14700 Appeal Board will function as e ptaff completed. nm filing limitations are limited to mandatory construetlen omoe of the Commisolon with the expected to improve the decioloninaking permit proondings. ne ena)or responsibihty to draft proposed process by allowit. preelding officere difference between this previolon and deciolone for Commluton review. lt will and the Commineiono focus their the existing pmvisions opp!6 cable te no longer function as1on administrative energies on the argunoents made by the construction permit proceedings is that

• court of appeals." This change wiD proponents (and opponents) of each in contested proceedings, except for permit the Comminston itself to particular leave.

Issues whTdtilnusttrcerisidered under cx ditiously ruolve the important Fourth theIqhmediate effectivenese fd.pA. presiding officers wiu annender questions which frequently arin rule will h restored for allinlBal-edyfspundh6560iiEEidin

~

the course of sie beensing and

_dslolf.Followirwt the DB 65cident.

controveh6fbilEtijaBFTherefore,

)

enforcement proceedings. In addition, the rule was substantisDy modified to the notiae of huring will no longer etste the Commiselon will also be able to require alimited AppealBoardor that in contested proceedings the cmercise a grooter degree of supervioinn Comminion review of initial deciolone pre *ending officer will automa6caly over the conduct of its proceedings.-

authorising construction permits or consider the toeveo listed in existing Finally, removal of the Appeal Board as operation at more than 6 percent of ful l 3.1M(b)(1). paragraph (b) of revised

^l a separate appellate tribunal should also power. Experience gained since the TMI i 11M is apphcable to all other notices e

.j cxpedite final agency action on accident has shown this restriction on of taring for proceedings within the adjudicated matter; by eliminating a effectivenen has not had a positive scope of subpart A of Part 2,emoept for layer of review.

effect on eafety and has been antitrust proceedings held in connection Another major improvement is the procedurally cumbersome. Restoration with a CP or 01,16 cense. (The, notice for proposed add! tion of a rule whick wiU of the immediate effectiveness rule does antitrust proceedings is contained in allow the expeditious codification of m t affect the right of a party to seek a revised i 2.1M(c)). Proposed i 2.1M[b) gbnericTectualles~ues resolvpGTrt tial etey of an initial dociolon pursuant to differs from the exleting provision i

licasIng proce di'ngs at feguletions?

the previolone of 6 2.786 (l 2.1M(:)) primarily in that, as in the l

nie rulelaIntendediojpreclu@ the Finally, under existing practice, the care of Cp proceedings, ea' cept for relitigation el generic' factual leouse Director of Nuclear Reactor Regulattos NEpA leeues which must be considered

're661ved Irione prooW5g ~ "

or Nuclear Material Safety and by the presiding officer. only subsequent proceedings involving Safeguards, as appropriate, issues controverted issues will be considered almilar facibi ee or reactors. The rule licenses authorised by initial decisions.

by the presiding officer. As noted above, would only apply to generic factual Under the proposed rylestresponalbiblt proposed i 2.108(c), specifies the notloe tesues which are litigated in a for liceppe lopuante will rest with the of hearing for antitrust proceedings and conclusion. i.e. issues oot dismissed on Executive Director for OperatiorUhe le sebetantially the esme as the existing summary disposition or withdrawn by a chief staff officer of the Comm1681on.

proviolon (l 2.1M(d)). Proposed paragraph (dj es identloal with existing party, to ensure that the merits of the D. Bec6oo-by Seedon Amalphe paragraph le).

leeues have been fully considered in the proceedi Onoe tseolved. the genenc

1. Definitions (10 CFR 2 4)

3. Notice of Opportunity for Heorist (10 leeue will expeditiously issued as a Two new definitional eections are CTR 2'12) proposed rule on the beels of the hearin8 proposed. Proposed i 2.4(r) defines record with a 46 day period for public "initiallicensing" in accordance with Proposed i 1.106. "Notlee of comrnent If the Comminolon adopts the the guidance contained in the 1M7 Opportunity for Hearing," differs in rule after considering the ptibhc Attorney General's Manual on the several minor respects from the existing comments, the generic issue could not Administrative procedure Act. See pp.

prodolon. First, preposed i 2.106(e)(2) be litigated in subsequent adjudicatione BH1 of the Manual. In general, au reflects the cltglion.olthemagreent unless special circumstances could be agency proceedings for the issuance or aWmit. safety _and H"a"

(***

shown pursuant to l 2.760' amendment of licenses fall within the proposed i 2.721) by spectlying at the The third proposed improvement defmition, but proceedings in the nature screening board will rule on requeste for would Ichibit n intervening party.

of enforcement or renewal actions are hearing Second, a new paragraph (d)(3) from proposed findings oilect and not included. The definition of " initial to proposed which provides that the conclusions of law, or fihng exceptions bconoms"is added so that procedures notice of oppoeunity for hearing will 10 initial declaton6. oa leeues not pliced apphcable to " initial licenalng" are state that person's participation in any in coptroveny by that party. Present' clearly distinguished from procedures hearmgheio. EhbroposeGNon will practice permite any pr.?tyto file which ma* be apphcable to other types htlimite@hMestie_s spectffiUn]hF proposed findmss, conclusione of law, of proceedmas. Proposed i 2.4(s) dennen potice of heartng,iUUess, good cause_Le and exceptions on any issue in the the term " presiding officer." This term is ahnwn for considerligidditiosaTIssues.

proceeding. includmg issues not retoed used in numerous provisions in Part 2, This provieWnhTstendsd 16~eniWthat by it. The purpose of this change le to but has heretofore not been exphcitly persons whose interest may be affected ensure that preeVang officere and the defined Note that the screening atomic by the proceeding raise issues on a agency appelli e tribunal,l.e. the safety and hcensing board (see timely beste by responding to the notice Commission, are able to focus on the proposed i 2.721)is a " presiding of opportunity for hearing rether than disputed issuee in the proceeding as officer."

waiting until a notice of hearing. If any, de subsequently pubhahed. Third, presented and med by the parties 1 Noh.ce of Hearkg(10 CTR 2.1N) paragraph (e)(1) is changed to designate with the chief laterest in the issue. The proponent of a contentioais expected to The primary purpose of revised the Faecutive Director for Operations as present and argue its case on the l 7.104 is to hmit presiding office o to the individual who may take the contention much more persuasively than decidmg disputed issues of fact. Section proposed action if a timely request for a party who elects to argue an issue 2.104 has also been reorganized to hearing is not filed. The existing only in legal papere filed after the clearly distinguish between different provision designates the Dtrector of evidentiary portion of hearing is types of appbcations. paragraph (a)is Nuclear Reactor Regulation oc Director

6 f

Federal Regleter / W1. 49, N3. 72 / nuroday April 12, 1984 / Proposed Rules 14701 of Nuclear MaterialSafety and days prior to the special prehearing or

y. Appeals hem Certain Aulings a safeguardo.The purpose of this change prehearing conferonos.ne purpose of Petitions for Leore To lnierrene and/or f

le to enhance the concept of a strong rasittrgAdiling of continEone 4th Reguestsfor Neong (JO CFR 2.7Hof Executive Director for Operatione and thaleevestJprheerlAt Lpe@kfistion Section 2J14e le proped to be iEIB ensure management accountability for

[ntervene le to ri utre t e iden mod'ted so that appeals of such ruhage 3

ofleeues se enh as pTooellble Isthi---

licensing. Finally, the notice published

~

pursuant to this section will now be proceedQ%e appiioant's eeTe~tf and lie with the Comniwion rather than the j

~

calleo e notice of opportunity for envisnmental reports are publicly Atomic Safety and ucensing Appeal 1

hearing" rather than a " notice of available by this time in the Board.This change le conalstent with proposed action."

Cornmiselon's Pub!!c Document and the removalof the AppealBoard as an local Public Document Roome intermediate oppellate tribunal.

t Exceptions (to CrA f.7mo)

& Consolidotion of Arrtise of A new paragraph (c)le added to e

n enta re e are not ConstutionPermitorOperet/g i 2J00a, "En ceptions." which provides completed until after the time for Altng Licer:se proceedirge (W CrR 2.7J3c) that the Conuninston, notwithstanding requests or petitions has paned.

any other provision to the contrary in amended or additional contentione Proposed i 2316e is expanded in Part 2. may prescribe such alternative based on the staff environmental scope. Absent a showing by a party that procedures as it deems necessary in documente may be filed 11 the 9,te or its rights would be prejudiced, the initiallicensing proceedi s.The notice' concluelone differ significantic tom propoud rule would require preelding of hearing of opportunity or hearing will those in the opplicant's documents.

off core to consolidate parties in initial spect the procedures.This provision le Proposed i 2314(g)(1)(lll. NorHimely licensi33 proceedirge after first offering inten ed to allow the Commlulon to filings of contentions wii not W the parties an opportunity to consolidate make full use of the procedural entertelned absent a determinaton by voluntarily. State and local government flexibility allowed under the the acreening ASta or other proelding Adminlettstive Procedure Act. Set officer designated to rule on contentione utitin appearing in NRC pmmdings Permont Yankee Nuclear Power that the niing should be permitted based represent unique intmeta. 'Iterefore, Corporation v.NRbC,425 U.S. ti19 on a balancing of the fectore liettd in the Comminion would not expect (19'8).

paragraph (c)(4).The feetors to be Presiding officere to consolidate these c noidereo in ruling on lete filed participants with private intervonore.

3. Designating of Presiding Officer, Ds chfication. Unorailability(20 CTR' n[afj ot

9. Subpoenos (J0 CMt 2.720) cm c

y i

the acreening ASIE or other presiding Discovery against the NRC staff le Minor revisions to i 2J04 are officer will have a considerable body of tightened in proposed i 27.30(h)(2)(ii).

proposed to specify that an NRC case law to aorist it in snaking any Specifically, while interrogatories may l

adminletrative law judge may be such determinations.

seek to elicit factualinformation i

designated by the Comminion to

• The threshold for edmiselon of reasonably related to the staffe position l

preetde at hearings. A conforming contentions le raised. Proposed at the hearing, interrogatories may not j

change in peregraph (d)is also proposed contentions must show that a genuine be used to require that staff to explain to allow the Chief Administrative Law dispute exists with the applicant on an why alternative data, assumptions or Judge to designate a replacement for en leeue of law, fact or pohey and the analysee were not telled on in the staff administrative law judge who may showing must include references to the review. in addition, interrogatories may become unavailable dur,mg the course of spec c portions of the application not tre tk staff to perform a proceeding.

whi are die uted.The contention must additional rewarch or analytical work

8. Requests for Hearings and Petitions be supported y a concise statement of beyond that needed to support the to lntervene(10 CFR 2.7H) 3cfrt ni [

stairs poeltlon on any particular matter.

a, d c ex

,n Section 2.714 has been reorganized documents of which the petitioner le These proviolone are intended to avoid and substantially modified.The major aware, which will be relied on to the unnecenary expenditure of scarce changes from the existing intervention establish the facts or expert opinion.

etaff resources at protrial stages of the rule are se follows:

The purpose of the increased threshold hearing on mattere not directly pertinent

• A potentialintervenor must meet le to ensure that the resources of all to the staffe position in the hearing. Of Judicial standards for standmg in order parties are focused on real rather than course, it would atill be permlulble for a to be admitted to an NRC proceeding.

imaginary it.eues, party to argue at the hearing that the Proposed i 2.714(fl.The purpose of this

• A provision has been added staff should have performed additional proviolon le to abolish the conegt of (proposed i 2.714(1)(4)) which provideo studies or relied on alternative data.

discretionaryT61EtWilion which ine that a contention releing only an leeue of Finally, a specific reference le added

,Cemmis's16tiftret recogntredirFPdNlcad law will not be admitted for resolution regarding the Commleston's Public and Genero7DecifirCr{ Pebble Springs in an evidentiary hearir.g but shall be Local Public Document Rooms.The Nuclear Plant. Unita l and 2) CU-76-27, decided on the bas's of briefs and/or purpose of this provision is to make l

4 NRC 610 (1976).

oral argument.

clear that if en interrogatory requests

• CnntentioneJnustbe filed at the

• In initial licen*'ng proceedings. the information already in the Public time the. request screening board u.I ru:e on requeste for Document Rooms, such information is

.lorJesta_tojnfe_gfor hearing or petitioneneYf3ed: Proposed hearings, petitions for intervention and

,'resonably obtainable from any other l

i 2.714(g)(2). The existing provision contentione contained therein.

source,, and, therefore, netd not be requires only that an "sepect" of the (Proposed i 2J14(j)). In other types of provided. A sufficient anewet to such a subject matter of the proceeding be proceedings, e-3. enforcement identified at the time the hearing request proceedings, these rulings will be made question would be the title and page or intervention petition is filed and final by the presiding officer designated by reference to the relevant document.

contentione need not be filed until15 the Commlulon.

n 4

,,em-

,-,,-,,,,.---awa--,,r-,-,--wn m

n n.s

--we

-- n

I Fedesel ReWeter / vel es, fesJ. / 'limroday. April it itse / Proposed Rules geys 38 Asamle se%anaf Moonelg seers board, b c en expert panel interrogetories a party may serve. In-addition R;arr *aragraph (g).

one, three or Ave innebers np (seOR &m) consistles$c ablat ma'ar

. mou = i

• =v-F mean '

i swoo.a.mismeiwaiousein

• '* ar*=

-%8 panel wGl analet the pres twponse, objection themto, or motion the wtabhehment of one or mese afbeer deelsnoted '.o conduct the for e protective eeder be signed by the atosse safety and licanalms

, by he evidentiary presentations, '

party or its authorised representative.

Moards.

b ecreening board wGlbe either or written, within its subpot

%s elsnature constitutes e certification i

eesposed of three members with the.

metter esperties and may emanine the that, among other things, the signatory emme quotinostions as members of a

• Hnewn of ee Paren as a technical has read the filing and that it hoe been regular enoude safe nd beeneing B

filed in good fonth and not primarily to

.. I*'"en"so'mD* P***I"W 88"** e' board.he function of the cause delay, document.no preeldingFailure

-' pnel eer eif us moommedahone eueeningboard be to rule on and muluelm etagh an och effectof the oeste for hearings, petitlene for leave reemd m hempoMlead W.

,ggg,,,,,y g,,,,,,,,,gg,,, gg,

't tervene and contentions in all laitial P'

certificeuan l8 ftl8ely mada'.

nelag

• --- h e ud may pmbadns puel wtB eastet the board in

28. hidence(70 CPR 12) l Cppoint upyn panele and otGiag any deterndntag whether sumoient evidence 8' chm le embetantially reviwd.

i

'otherr _1x evallable to siding had been tendemd to conclude that he mefor propowd changu, applicable omowe w enable H to mis on ring them odets a 36nuine issue of disputed only to tantialhoensing p:%' are j

requeste,latervention petitions and Anot.

' s follows:.

eentanuone.he comming board will It le expected that expert panels will a

6en transfer the prooseding with the

• m und only m een sima6ans when

• mioct -d rebunal hedmony wW i

, of adminedleeuw to he tw6 ens,Ilot the subject n.atter of the leaue at hand le be submitted in written form unless omoer dwigwmd k om uct ea~

both highly technloat and not within the obrwise ordwed by the prwiding d oeuse. A schedule for bearing. lf n Pid - *d-="' has dannetskd general expe.rties of the technical. - -

o.mo.er toto such,essmor,,is mem-a. ho.ein, board ei-ard e

7,'"i,

r ----- - DeP g,"

condse he headng.ne propowd >

wtabl edin proposed paragraph rule prom for one, three or five ~.

(b)p)

• Crow +mamination le pwmitted only E"** ""

whleh there la y t

panel rt.

el UPon he mquwM a paHy Ned wlWn requirement. l. ate filed contentions and membero may be selected from either 10 days Ar servlos of the written t

l revised or new contentione filed afur twide ","telde &' Nd, to se noda

'"'I"**F *****'*IS8

• P"'iI'"I*' I"***

l the staffe environmental documente are An.

biwt, bow Crow examiution le evallable to an leasedwillbe referred beak to the and disquhficeuon previolone interve party only on those issues noreerdag board for a determination of dworibd in i 2J04.

on which requesting party has admissibility, even if filed after the 21 Motions (70 Cm12) proffered an adadselble contention.nle heartag has commenced. Similarly.

le a departure from the pmeent practice teeuse which the pmelding omcor A new paragraphle added to 12330 in which oral crose examination le the propones to rates suo sponde during the to expressly provide that uncontroverted l

course of a proceeding will be refered,

motione shan be granted by the ruls rather than the exception and which b the screening board for a prwiding opice to the extent siithorised does not necessarily hmit urose-I deterudnetion of edalwlbility-by law, in addition, the term "ptwiding examination by an intervening party to he moreening board willwrve as a officer" le substituted for thL narrow issues proffered by it.no NRC staff, e contraheed and speciahsod forum for mference to "the Board"in paragraph governmental representetive Admitted to resolution of the difficult questions (e).

the proceding pursuant to i 2J15(c),

and thelicanoe applicant may move to

' faced by proelding offlows in moolvin8 JA hominotion ofhearts(10 cm crose exandne on any adnetted twues of standing and the admiselbility of contentione. it le expected that the awl..

r contantion in the proceeding. %e c A seiner addition to 3 3J33 la

' proposed rule places the burden of

, servening bowd(d) will develop substantial expatise in ruolving these - proposed to make clear that wtabikhing the need for crow-leeues and add a musure of '

examination and cross examination of examination on the requesting party,

, predictability and conalstency to expert witnewee by technically -

including the NRC staff, a governm6ntal

, uahfled individuele may be permitted' representative and the license applicant, latervention ruhngs.%is has been q

difficult to achieve under present only to the extent that oral dimet or A motion to crow examine, among other ctice beoeuse a multipucity of cross-examination is otherwise things' must include a detailed cron-boarde now make these ed. See the disoueston of revised

,,,,gnation plan and a statement se to M"hd'"M'} bee ' P" Jh. CanwalPiovisione Covenlag '

wt b o m in e repowd I

P t

1. 5888 " #7 (38 C M A N l Paragraphs (b)(5}-(8).no crose-t twn=Imat imay appoint a quehfied Section 2JM has been revloed to examination plan will be kept mAmlatatrative law judge in lieu of an confidential by the presiding officer until ensure that presiding omeets have

• ' cloadc safety and licanoing board to

. preside inite

_;h ample tools to prevent and remedy -

the completion of the crow examination, r

?

if allowed, at which time it wiu be b

unneoposary, burdensome or abuelve Insened into the record. his provision t17. Spee/ot Aselefonde so the Prus/ dig disoovery. Proposed paragraph (b)(2) allows the proelding officere upon his or le intended to onsum an adequate Micemndhport he(JOCm

~

a her own initiative, or upon a motion for reoord le mede for poselble uppelleto

.AI89 Section 1J2:is reytud to permit the ' a protective order, to ?.imit the use of review of ordere granting or denying presiding offlow, including a screening discovwy, including the number of crc 44xamleretion.

~

• h g

g

' ' G'* A O ' v e

l m-

-v

Ni Federal Regleter / Vol.Q No. n / nuroday. April 12,1984/ Proposed Rules 14703 Js. Authority offmeidig Officer To evidenos. %is le intended to tighten up and 2), A1AB-344,3 AEC 367, ett D974).

Dispose of Certainissues on the the proceeding and produce a better that anintervenor can appealon att luues,whether or not taipd by his or i

Pleadirge (JO CFR 2.7d9) record he own contenum.husuonaW Section 1349 to modified in two

29. Codifiuotion of Generic Poctual We ndolonle the same as Q respects.First, the rule u proposed Issues Aesolvedinlait/o/Licensig discussed in regard to

..r would permit summary disposition proceedigs (10 C/R 2.raso) motions to be filed at any time during A new l1366a le proposed.%is

22. /mmediate Effectiveness of the proceeding rather then, as prodded nction requires that generic factual Decisions Directiglasucace or in the exleting rule within such time as luues resolved in initiet Ilcensing Amendment of Construction Permit or may be fixed by the presiding officer."

proceedings be considered for Operofig License (JO C/R 2.7pd)

%1e change le intended to give the promulgation as final Comtniesion rules

$"o'tio e and mket>[stbl(("h after public commentle so t in Section 2J64 le avised to return to

'C0 'd"" * "I h b' '"i' "" I"8 the pre 30 rule that initial decisions of terminate litigetion at any point during prwiding officere areimmediately d

c Th his apparent that a genuine leeue of factle py,$aionis to emuk genericleeues f' ^

'd i

the proceeding when it becomes no lorger in die ute. Second, the ruolved in an evidentiary proceeding th t h*e["[ppea1Bowd hnd(or proy propneed rule e iminates the present are not relitigated in subsequent ommin nc neldenton d prohibition against determining on procedings. Generic factualluun eHecuvmu dinniaMuialone

'fg,mtmetion pennHs and summary disposition the ultimate foeve codified es final rulu will be subject to c

challehn Commiselonlicensinge only to the extent permitted

'%d as to whether a construction permit'

• i o hu should leeue.This prohibition to

proce, p

r unnecessary.

under the existi provisions of 6 2J54.

tentatively concluded tha t the lessons Consideration o Commluton rules and teamed from TMlhave been sumclently f r. Proposed findigs and Conclusions regulations in adjudicatory factoredinto the licensing and k' II"II'd (10 C/W 2.754)

8"!*I"#F P*"* ** "*the question of Paregraph (c) of I 2154 is revieed to hI Commisolon review on c e nee limit filings of proposed findings of fact Jo. lnitio/ Decisions in Contested effectivenese no longer necouary. Stays e

and conclusions of law by portfes who Proceedings on Applications for facility of initial deciolone may continue to be do not have the burden of proof or who Opcietig Ucenses (JO CIR 2Jp00) soughtin accordance with the have only a limited interest in the Section 2feos le nyind to revoke the Provisions of $ 2fes.

proceeding to those issues placed in 1979 relaxation of the suo sponte rule for

23. Eliminotlon of the Atomic Safety and i

contention by the party.%e proponent of a contention le responsible for making review of uncontested matters by Ucensig Appeci Aoortf(10 C/R 2.788.

its case on the leeue at the hearing The adjudicatory boards. See 44 FR 67008 g, pas, and y,7ppj revision recognices that the proponent (November 23.1979). Experience under

%e Commission proposes to delete of a contention is in the best position tu the relaxed standard has indicated that li 2186,2J86 and 2J87,new present the argumente in support of the leeuer have been taleed suo sponte Proviolone establish and ducribe the contention and is intended to ensure which do not warrant such functions of the Atomic Safety and that preelding officers an not inundated conalderation. For example, contentione Ucensing Appeal Board. Unlike most l

with a multiplicity of extraneous filings raised and later dropped by interrenore agencies, the Commienton's adjudicative

+

fron persons with no stake in the have been adopted by some Ucensing process resembles that of the Federal resolution of a particular luue. Since Bostdo with little apparent regard for Court system.The Commluton alto as license applicants have the burden of the seriousness of the leeues involved, the administrative " supreme court." the proof and the NRC etaff has a general Accordingly, the suo sponte authority'of Appeal Boarde sit as the administrative intervet in the proceeding to ensure that preelding omeere to raise newissuw

" courts of appeal" and ucensing Boarde the public health and safety and will be limited to extraordinary and administrative law judges sit as the environmental values are protected. the circumstances and is to be used

" district" or trial courts.De limitation on filings in paragraph (c) are sparingly. A elmilar change is proposed amendments would substantially not applicable to eithen each has an to be made to i 1588(b)(2). Any issue (s) change the exleting three tie:Sd obvious interest in filing proposed propowd to be taleed suo sponte by the adjudicative structure of the NRC by fmdings and conclusions on moet,if not presiding omcor conducting the hearing eliminating the Appeal Board as the all. contested issues. Presiding omcers is to be refernd with an explanation to middle rung of this process. While the will be expected to strike those portions the screening Atomic Safety and Appeal Board would retain its existing of proposed findings and concluelone of Ucensing Board for a determination review functiona. it wil! function as a law filed in contravention of this whether the matter should be etaff omce of the Comtr.iselon,it will not considered at the hearing.

b P

18 Authority ofPresidig Officer To

22. Appale to the Commissfon From lp$on'a'$1 section.

o Ruulate Procedures in a Hearitt(20 initialDecisions (10 CFR 2262)

Commlulon. Ahet appropriate review.

the Commission willleeue its decielon.

UR 2.754)

Section 2182 to revised to provide that Thus, the Appeal Board will functio Section 2J54 le revised to make i an intervening party may file exceptions a Comr.losion staff omce responotble

(

mandatory the Commission's presently only on those feeves which the party for reviewing and drafting decisions on permisolve admonition that preelding placed in controversy or sought to place adjudicatory matters, rather than as an officers should limit the number of in controversy in the proceening. Thle intermediate appellste tribunal witnence whose testimony may be will reverbe the rule established in Elimination of theintermediate tribunal cumulative, strike argumentative.

Northern Stores Power Co. (Prairie would have oeveral benefttacPiret.'the repetitious, cumulettve. or irrelevant leland Nuclear Genereting Plant. U.e 1 l

- 7y _~_ _-_

7. _

t gaygg Federal Aegleter / Vol. 48, No. 72 / haday April 12, 1964 / Proposed Rul:e t

t

• Commission wiu be able to supervios its signtAcant econnadeimpact upon a -

paragraph (e)is redesignated se his substantial number of small entities.'

paragraph (r), and new paragraphs (e) '

i 44ueestory pmcess more closely, hen a esparvletonle wpecially crucialw end(t)an added to read as follows:

l i i es happene frequently,leeues of 2 policy. ga,,,g i

20 CPJt AeN A -

$ 3.4 Definguens.

i

' asture arise during the couroe of ite segues Appeal d possible

",Uw thuct (e) Initi llo sing" includes any g ut eI Commiselos review should expedite meterial.Closelfned informehon, proceeding on an application for a ed udice "8'gg"

'"g Environmental protection, Nucleat construction rmit, operati liconee, i

p materiale. Nuclew power plante and or any other toense for a fee ity or se,cou,,ros,,c,om,unstm,ent wo,u,ld be

,oacio,s.Penaity.souiscrimin.u om, acuvity, w fw oy amendmeni o,

,,,,,,,,,,,, c,,,c,,,,,g,1 sou,oe mais t.spectinucisar modmeuon memof. buinormany does material. Weste treatment and dispont.

not include licenelns dinge Evaluation and General Counsel lanMng Se mnews mocatbn.

be eliminated or reduced.

20 CMt Aartso

.i:. +

nlust dmo $fic Conf aan to l r alp

. Antitrust Clasalfledinformation,Pim a

or brevention, lacorporation by refemnee.

amen ment ofIncenses.

8'*F' of app"1 Board doci*I'"8-lergovernmental reladone. Nuclear (t) *Preelding officer" means one'or power plante and reactors. Penalties, moi, members of the Commiselon, en Ad. Appender A as Nort *

" Statement of General Polic and -

Radiation protection. Reactor alting adminletrative law judge, an atomic Procedure: Conduct of Procee[ings forernwta. Reporting and recordkeeping anfety and licensing board, e scrwing tSe leeuence of Construction Permits "9"I"""

atomic safety and licensing board, or s and Operating Ucenses for Production Pureuant to the Atomic Energy Act of named officer who has been delegated j'

and Utilisation Facilities for Which a 1964, as amended, the Energy authority to prwid6 in an evidentiary i

Hearing is Required Under Section tapa Reorsanisation Act of 1974. as amended, hearing under this chapter.

I of the Atonde f.norgy Act of1964, se and 9ections $52 and $53 of Title & of the Amended."is proposed to be deleted as United States Code, notice is hereby

3. Sutton 2.104 is revised to tud as given that edeption of the following L

unneesseaty.

p-I'IIO***

amendments to 10 Cf'R Ports 2 and 80 AS Mooneellegulted(JO CMt'A0.20) are contempleted:

$ t.10( teesco of hearing.

t Two conforming changes to l 80.10 -

. It is proposed that 10 CPR Parts 2 and I

are proposed to note that the Executive 80 be amended as follows:

(a)(1)In the one of an appliation for the leeuence of a construction permit for i'

Director for Operetlow rathw than the PART t-RULES OF PRACTICE FOR a facility of the type described in Director of Nuclear Reactor Regulation.

will issue halted work authorisations.

DORIESTIC LICEtiSBNG PROCEILDINGS I 80.21(b) or i 80.22 of this chapter or a

' '" "I I'

'#I * ""*

• Mis is onnoistent with the revirions 1.%e authort citation for Part t i

8' E discussed supru, which provide that the continues to res as follows-f

' Esecutive Duector tother than particular

~

Federal Register as required by law at Ausbester: sece. set. se Stat esa, ess (42 lent thirty (30) days, prior to the date l

Omco Dimetors wiuique Ucenen US.C 33o1,223th wc. 21, w emended. Pub.

set for hearing in the notice.8 In

.eeeddw M g-L er.ets,7e siet. eos (4 U.s.c 2:43y sec.

addition, the notice (other than a notice l

j Paperweek Reduction Act Review bLS4 8

oame pursuant to paragraph (c) of thle section) i g

%e Nuclear Regulatory Commlulon s U.s.c sat.

shallbe inued as soon as practicable i-b has submitted this proposed rule to the

- (sect on Liot also imud under esca. ss, after the application has been docketed:

+ Offlos of Management and Budget for et 31.10s, tu tos, se stat. sao est. ess, saa, Provided, thet if the Commission, i

such review as may be appropriate s'

es7, ess. w amended (42 US.C 3073, ace 3.

pursuant to i 1.101(a)(2), decides to under the Paperwork Reduction Act of att, stas, ein 2 35h we. tot. pub. L miso, determine the seceptability of the es stat esa (42 U.S.c 4332); sec. 301. es stat.

application on the basis of its technical 1900. Pub.1.36-311,94 Stet. 2812,44

• N [gh,,

adequacy as well as 4.ompleteness, the I

8 U.S.C. I 8801 elseg.

c s

g g,7,

notice shall be issued as soon se

%K tos.1es, se Stat. saa, es7. est, one ess, es

• - +

Regulatory Flesibility Statement

• amended (42 US.C 2:32,2tn 2tR tus, practicable after the application bas

% *. proposed rule willreduce the sass. zzse). 5ections 2.300-2 aos also twnd been tendered. The notice will state:

procedural burden on NRC licensees by under uc. tea, es Stat. ens (42 US C asse):

(i)The time, place, and nature of the improving the hearing process' De -

sec. son, se Stat.12en (42 US C. sede).

. hearing and/or prebearing conference,if impact on intervonors or potential sectione Le>2.aos. L m Lns also innd

,,I' under sec. tot Pub. L 61e0, es Stat. ass (42 intervonors willbe neutral. While Intervonors or potential intervenors will UA.C 4:32). Secues L700s L710 ala W W adq der M h.

leeued under s U.S.C sR sectione 17R hearing le to be heid; bewe to meet a h er threeboId to gain L7eo. 2.no also leeued under s U.S.C ss7

[Ill) The matters of fact and law to be tdmiselon to NR proceedings and.

esction L7eo also luued under eet 10s se considered; and thereby, incur some additional economic Stat. e3a. as amendeo (43 U.S.c 2133).

coste in preparing its request for hearing Sectione 1.e> Leo 7 also leeued under s or latervention roi, nest, the proposed U.S.C 663. secuan 2 eos also luued under a j,[,N[, *((8,dwe otep nnij t

,,qw yt improvements should reduos an.

UA.c sas and we,102, as Stat. asa (42 U.S C.. be pubb hed in the red I assisine wbich wiu latervenore1bsts once the hearing east). Section Laos also luued under s US.C provide et leut thirty (30) deye notice of the tin.e comunences. Bus,in socordance with '

ses and sec. so. Pub. L 5200. et Stat.14a3 and piece of that heartns After this nouce is sivon ibepgo c,eggdg g

the Reguletory Flexibility Act. 8 U.S.C.

(42 U.S.c aose).

I e36('s), the NRC hereby certifies that

1. In i 1.4. paragraph (t)is.

or suonvene a rece eed hearine without assin this rule, if promulgated. will not have a redeelgnated as paragraph (u).

providne thirty in) days notice. '

4 O

4 d

,e A.

3

s

~ S t

S

Federal Regleter 1 W1. 49, No. 72 / '!bursday, April it,19641 Proposed Cules 14705 1

liv)he time within which answers to

,lili) he matters di fact and law to be security, endinetters reind un8er the l

the notice in petitions for leave to considered; and National Emironmental Policy Act of.

imervene shall be filed.

(iv)ne time within which answersto 1980, will be consided at another e

(2)Exceptin the cue of a the notice or pettion for leave'to hearing for which a notice will be construction permit proceeding noticed intervene than be filed.

piiblished pursuant to paragraphs (a) pursuant to paragraph (c) of thle section (2) Except in the cate of an operating and (b) of this section, unless otherwise and unless the Commiselon determines license progeeding noticed pursuant to authorized by the Commission, otherwin, the notice of hearing will paragraph.[c) of this section, and unlets (d)%e Secretary willgive timely state in implementation of paragrep'h the Commission determines otherwisocif notice of Die hearing to all parties and to (a)(1) fill)of thle section:.

the application la for an operating other persons,if any, antitled by law to f

(1)That,if the proceoding le not a license for a nuclear powerseactor, a notice.ne Secretary will transmit a i

contested proceeding.the presiding testing facility,Jacility whose operation notice of hearing on en application for a or a fua! reprocessing officer will determine (A) without plant, or other facility' license or for a license for application, whether the opplication and has been determined by the Commission receipt of conducting a de novo evaluation of the to have a significantimpact on the from other persons for the purpose of i

the record of the proceeding contain environment..the siouce of hearing will commercial dispondlby the waste I

sufficient information, and the review of state in implemantation of paragraph disposallicensee or for a lloenu to the application by the Commission's (b)(1)(til) of this section that the recdve and possess high-level e staff has been adequata, to support the presidina officer will determine whethe.r.

radioactive weste at a geologic I

safety findings required by the Atomic in accordance with the requirements of repository operations area pursuant to Energy Act of 1964, as amended.

Part $1 of this chapter, the operaung Part 80 of this chapter to the Governor proposed so be reade and the luvance liccnu should be inued as proposed.

or other appropriate officialof the State 5

of the construction permit proposed by (c)In an application for a construction and to'the chief executive of the l

the Esecutive Director for Operations, permit or an operetinglicense for a municipality in which the facility is to i

and (B)if the application is for a facility on m'hich a hearing is required belocated or the activlt is to be construction permit for a nuclear power by the Act or this chapter, orin which conducted or,if the fact ty is not to be ructor, a testing facility, a fuel the Commlulon finds that alearingis locater' or the actMty conducted within reprocessing plant, or other facility requiredin the publicinterest to a municipality, to the chief executive of whose construction or operation has consider the antitrust as cts of the

(

e THb 1 niaad been determined by the Commission.to application. ihe notice o hearing Will, 6[t sted or conYucted gg be have a significant impactef.the unless the Commisalon determines within an Indian reservation).

environment whether the review otherwise, state:

4. In i 2.105, the section huding. the conducted bythe Comminion pursuant (1) A time of the hearing, which will introductory text of paragraph (b), and to the National Environmental Policy be as soon aspracticable after the paragraphs (a),id), and (ej de revised Act (NEpA)has been adequate, receipt af the Attomey General's advice to read as follows:

(ii)That regardless of whether the and complicnoe with sections 105 and proceeding is contested or uncontested, 189a of the Act and this part:s g taas Neues of opywtunny tw heartne.

the presiding officer will, in accordance (2) The prealding officer for the to)lf a hearingis not required by the with Part 51 of this chapter:

hearing who shallbe either an Act or%is chapter, and if the (A) Determine whether the administrative law judge oran atomic Commluton has not found that a requirements of section 102(2)(A),1C)lsafety andlicensing board established hearing is in the public interesi, it will, r

and (E) of the National Environmenta by the Commission or by the Chief l

Policy Act and Part $1'of this chapter Administrative judge of the Atomic Prior to acting thereon, cause tobe I

have been complied with in the Safety an81.icensing Board Panel:

published in the Federal Register a i

i proceeding:

i(3)That the presiding officer will notice of opportunity for hearing with (B) Independently consider the final consiler and decide whether'the respect to an application for-balance among conflicting factors activities under the proposed licen6e (1) Alleense for a facility; contained in the record 6f the would create or maintain a situation (2) Alicense for receipt of waste proceeding with a view to determining inconsistent with the antitrust laws radioactive material from other persons the appropriate action to be talen; and describetlin section 105a of Act: and for the purpose of commercial disposal i

(C) Determine whether the (4)Thatinatters of radiological health by the waste disposallicensee. All construction permit abould be issued, and safety 4nd common defense and licensesissued under Part 61 of this denied, or appropriately conditior.ad to chapter shall be so noticed.

protect environmental values.

,,,' g "'d g Q S,"c f, $,A M (3) An amendment of a license

• A 1(b)(1)Inahe case of any other construenon.pernut w e rued prior to Decentar ss. - specified in paragraph (a)(1) or (2) of application within the scope of this so o, and proceedmse in which a written resueet for this section and.which involves a subpart in which the prestding officer enutrust revww or en oppheaua fe.n opereune significant hazards consideration:

has c'etermined that a hearing should be gn"g*,1*g'dggg188MY (a) A license to receive and possess t

held, the residing officer willissue a unwty wruten notice to en comminion io hist.levsl radioactive waste at a notice of eating to be published in the uanvene in the construenon pern h procadme fo' 8cologic repository o erstions area Toderal Register as require;l by law at the feelart to obinin a deteramenau or enuirut pursuant to Part 80 o eis chapter.

conomeretione er to advance e turiedictional beebe least fifteen (15) days prior to the.date

f. or such setermin non within as deye eher en date (b) The notice of opportunity for set for heanng in the notice,The notiee of pubhcebon in the Federal aceleter or nohce of hepring will set forth-will state:

flhns of the opphcohon for an operatins hoenee or (i) The time, place, and nature of the Decembe ts. seto. whicheve is inter. the hearing and/or prehearing conference, if comminion mey inn a construcuan pumit or (d)The notice of opportunity for operet beenee which contains the cond6uone hearing will provide that within thirty any:

Nr"[e7eeeirtNp*p((ce*Ce**[N (30) days from the date of publication of (ii)'Ite authority under which the the notice in the Taderal Register, or hearing is tote held ruoivet

J I

w as Federal Itegister / Vol. 40. No. 72 / Thursday, April 11,' 19H / Propowd Itules l

~euchlesser period authorised as the (c) Notwithstanding any otler (t)(i)ne Commission or the Chief wamion may specify:

provisions to the contrary in thle Part, in Adminfetretive 1.sw judge, se g.'

(1)ne appilaant may his a request any initial licensing proceeding the appropriate may designate another for a hearing: and Commlulon may prescribe such presiding officer to eneke the decision: or (g) Any person whose interset may be procedures se it deems neoepary.The e5ectsj by the proceeding may file a notice of opportunity for hearing or

10. Section 2.714 le revised to read se l

request for a hearing.

notice of hearing willspecify the g,go,,:

i (8) Any person's participation as a prowdures.

s i

I partyin any hearing held on the

8. In i L703, paragraph (a)is revised g3.714 Rogueste for heartngs and igd action shall be limited to the to read as follows:

peuueno to entervene.

l leeues e ified in the notice of haaring i1.798 teouse of hearing.

(a)Requestsforheori

s. Any person ticeYp "I

unnt o c

of a n tice o heart te n o er e

cause for conaldering additional leeues is shown in anwdenn wie se procdW by h pa% pda i 1.102(d)l3),2.106,2.202, or 2.204 may i

pWus of I 2.714.

notice of hearing will state.

. file a written requwt for hearing which (1) ne nature of the hea'ing. and its includes the information specified in r

(e)(1)If no request for a hearingis or a statement that the paragraph (d) of this section.The i

time and place'will be fixed by request shall be filed within the time

(

filed within the time prucribed in the time and place notico, the Executive Director for specified in paragraph (c) of thle section.

Operadone may take the proposed subeeduent order; ggj e legal authority and ne requestor must also file a list of the cction. inform the appropriate State and Junedication under which the hearing le contentions which the requestor peke to local omclais, and publish in the Federal to be held:

have litigated in the hearing within the Register a notice of issuance of the (3)ne matters of fact and law time specifwd in paragraph (3) of thle license or other action.

asserted or to be considered; and section-i

. (2)If a requent for a hearing is !!)ed (4) The time within which an answer (b)htitions tointervene. Any person j

within the time prescribed in the notice.. or petition for leave two intervene shall whose interest may be affected by a the screening Atomic Safety and be filed, proceeding in which a notice of hearing l

L Licensing board will rule on the requnt has been published and who desires to In accordance with the provistor e of

9. In i 2.704, paragraphe (a), (d)

Participate as a pakty in such a 4

('

II 714' introductory text and (d)(1)

Proceeding shall file a written petition revised to read as follows: (i) are for intevention which includes the

5. In l'2.106, paragraph (a) is revloed information specified in peregraph (d) of l

to read as follows:

I 8 ?"4 D"i8"#'" P**#"8 #.

this section. The petition shaft be filed l

'"****"#****"'""***"""Y-within the time specified in paragraph

$t.10s teseos ofissuance.

(a) he Commiselon may provide in (c) of this section.no petitioner must

(:) he Executive Director for the notice of hearing that one or more also file a list of the contentions which t

Operations will cause to be published in members of the Commisolon, an pe itioner seeks to have litigated in the the Federal Register notice of, and will administrouve law judge, an atomic hearing within the time spectfied in inf:rm the State snd local omciale safety and licensing board, or a named paragraph (g) of thle section.

l specified in i 2.104(d) of the leeuence of; omcer who has been delegated final (c) Time forfiling requests for bearing (1) Alicense or an amendment of a authodty in the matter, shall preelde. lf ondpetitions tointervene (1) A roguest license for which a notice of opportunity the Commiselon does not so provide, the for hearing shall be filed not later than

'i for hearing has been previously Chairman of the Atomic Safety and the time specified in the notice of published; and Licensing Board panelwillinue en op rtunity for hering or notice (2) An amendment of a license for a order designating an atomic safety and puhished pursuant to il 2.102(d)(3),

f:cility of the type described in licensing board appointed pursuant to 2.202 w 2.200 section 191 of the Atomic Energy Act of l 80.21(b) or 150.22 of this chapter. or a (2) A petition for leave to intervene e

testing facility, whether or not a notice 1954, as amended, or. if the Commt,selon shall be filed notlater than the time of cpportunity for hearing has been has not provided for the hearing to be conducted by an atomic safety and ePecifWd in h zum of W4 prwiously published'.

licensing board, the Chief (3) Non. timely filings will not be

6. Sec'Jon 2.700 is revised to read as Adminletrative Law judge williosue an entertained absent a determination by order designating an adminletradve law the Commiselon or the preelding omeer Judge appointed pursuant to section 3105 designated to rule on the intervention 8

l 8.700 Seeps of Subpert.

. of title 5 of the United States Code.

Petition or requcet for hearing, that the intervention or hearin should be ne generalrulee in thle subpart govern procedure in all adjudications

. (d)If a presiding officer or a

{ anted based upon a alat '.g of the llowing factore in addi 4 y those set initiated by tht> leeuence of a order to,., deel sted member of an atomic safety show cause, an order ursuant to and icensing board becomes our in paragraph (f) of this section:

9 2.306(e), a notice of eating a notice of unavailable during the course of a (i) Good cause,if any, gor gal 3ute to opportunity for hearing issued pursuant hearing. the Commiselon, the Chief file on time.

to i 2.106, or a notice inued pursuant to : Adminletrouve Law judge, or the (ii)The avallebility of other meane i 2.102(<!)(31.

Chairman of the Atomic Safety and whereby the requestor's or petitioner's Licensing Board panel, se appropriate, interest will be protected.

7. In i 2.700s, paragraph (c)is added to read as follows:

will designate another presiding omcer (iii) The extent to which the or atomic safety and licensing board requestor's or petitioner's participation 1 3.700s 81 -; -

member. lf he becomes unavailable after may reasonably be expected to assist in the hearing has been concluded:

developing a sound record.

f g

i 2

---

m..-

---

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.,,,.,rn

-,n

.n.w

-v a

Federal Reglater / VGl. 49, N3. 72 / 'fhursday, April 12, 1964 / Proposed Nies

-14707 (iv)The extent to which the enforcement procodings noticed under (h) Aesponse to contentions.We requntor's or petitioner's it.tetut will li 1106.1.302 or 2.204, the requestor or applicant or licensee and any party to a be representes by exleting parties.

the petitioner must provide the following proceeding sney file an answer to the I.

I (v) De extent to which the requestor's informatlon with rupect to each contentions within ten (10) days after or petitionet's participation will broaden contention:

servloe of the contentions.The elaff may the leaves or delay the procuding.

(i) A brief explanation of C 'oues of f le such an enewer within fifteen (11b)

(d) Contents of reouestfor hearing of the contention.

days after prvice of the contentions.

petition to latervene. A tequest for (ii) A concise statement of the alleged (i) Admiselbility of Contentions. %e bearing or petition to intervene ohnu be facts or expert opinion which support Coinmiselon or the presiding officer filed with the Ge'crttery of the the contention and which at the time of designated to rule on the admissibility Commission and served on such othere the filing the reguntor or petitioner of contentions than refuse toadmit a as may be specified in the notice. It shall intende to rely uponin proving its contention if:

s be filed in the format required by l 1.706 contention at the hearing, together with (1)he contention and supporting and shall set forth with particularity; references to the specific sources and material fall to setlefy the requirements (1)The nature of the requestor *e or documents of which petitioner le aware of paragraph (g)of this section.1n petitionet e right under the Act to be which will be telled on to ntablish auch determining whether a genuine dispute mode a party to the proceeding.

facts or expert opinion.

exlete on a materiellwue of law, fact or (2)The nature and extent of the (111) Sufficient information (which may policy, the Commiselon or the presiding requestor's or petitioner's pgrty, include information pursuant to officer shallconalder whether the b t$e ou o e of the i 1.714(g)(1) (1) and (ii) to show that a information presented pursuant to genuine dispute exlete with the paragra h(g)of thle section mpts aff cts a

op hcant on an lun of law, fact w nuona le sninds toinquim er n k.

he popible effect of any order p cy.nts showing must include the validity of the contention; or which may be entered in the proceeding te erences to the specific portions of the

. (2)It appears unlikely that petitioner on the requestor's or petitioner's application (including the applicant's can prove a set of facts in support of ite I

interest environmental and safety report) which contention: or (e) Answet to requestfor hearing or the requestor or petitioner disputn and W(s)ne contention.if proven.would pet /t/on to intervene. The applicant or the supporting reasons for each such of no consequence in the proceeding ucensee and any party to the proceeding dispute or.lf the requestor or petitioner because it would not entitle petitioner to i

may file an anewet to a petition for behevH that the apphcation faHe to Mllef.

leave tointervene or request for a contain information on a relevant matter (4) A contention taleing only an luue hearing within ten (10) days after se nquired by law, the identification of oflaw shallnot be admitted for service of the request or petition. The each such failure and the supporting resolution in an evidentiary hearing. but staff may file an answer within fifteen reasons for the requestor's or rather, shall be decided on the bapis pf (16) deys after service of the request for petitioner's belief. On leeuw arleing briefs and/or oral argument as directed hearing or t! e petition.

under NEpA. a petitioner shaU file by the Commiselon or proelding officer.

(f) Ruling on regeestforhearing or contentions based on the applicant's (j) Rulings on content /ons la initial per/ tion to Intervene. De Commission erwironmental report. The petitioner can licensing proceedings by the screening or the preelding officer designated to amend those contentions or file new Atomic Sofety enducenslag Soonf-rule on the intervention petition or contentions if there are data or (1) Requests for hearings. %e screening request for hearing shall, in ruling on the ~ concluelone in the NRC draft or final Atomic Safety and Lloensing Board shall request or petition shall consider the following factors, among other things:

environmentalimpact statement or rule on requeste for hearings and (1)The nature of the requestor's or approloal that differ significantly from contentione contained in the requests in petitioner's right under the Act to be the date or concluelone in the allinitiallicensing proceedings. After made a party to the proceeding.

applicant's document. Amended or new providing the staff and the licensee or (2)The nature and extent of the contentions based on NRC license applicant an opportunity to requestor's or petitioner's property, environmental documente shaU be filed respond to the toquest for hearing in financial, or other interest in the and ruled upon in initiallicensing accordance with paragraphe (e) and (h) proceeding.

proceedings in accordance with of this section, the screening Atomic (3) The pt.eelble effect of any order paragraph (J) of thle action.

Safety and Licaneing Board shall inue which may be entered in the proceeding (2)The information' required by an order granting or denying. in whole on the requestor's or petitioner's paragraph (A)(1) of this section thaU be or in part, each request for hearing and interest. No request for hearing or filed at the time the petition or request 4 contention therein. An order granting a petition to intervene may be granted filed.

rent for a hearing shall specify the unlen the Commluton or the prwiding (3) Non-timely filina of the information parties to the proceeding and the lasues officer designated to rule on the request required by paragraph (g)(1) of thle in controversy, or petition determines that the requeJtor section will not be entertained absent a (2) Art /t/ons tointervene. (i)De or the petitioner meets judicial determination by the Comminion or the screening atomic safety and licensing standards for standing.

prealding officer designated to rule on board shaU rule on petitions to intervene (3) Tiling ofcontentions. (t) ne the admiselbility of contentions that the and the contentione containedin the requestor or the petitioner shall also file. filing should be permitted bued upon a petitions which ar, filed in all initial e list of the contentions which the balancing of the factors set out in licensing proceedings in which a notice requestor or the petitioner seeks to have paragraph (c)(3) of this section.

of hearing has been published. The litigated in the hearing. Each contention (4) A requestor or petitioner that falle screening atomic safety and licensing shall conslet of a specific statement of to comply with the requirements of (g)(1) board shallissue an order granting or the leeue of law, fact or policy to be -

of this section with respect to at least denying. in whole or in part, e/ch raised or controverted. In addition, one contention will not be permitted to petition and contention therein. An order granting a petition shaU specify

' except for contentions advanced in participate as a party,

w as Fedesel Register / Vol. O No. 7 / nursday. April ta,1ste / Prwd Rulee i

t

% parties o the proceeding and the Ia.rts perustpaeanbyapwoonnote notion of he ring providw that the i

teens adsheed O the.mN

peny, pr, siding officer le to be &a (H)lesen not specthod in the notice of adminletretive law judge the Chief beatteg shall not be admitted to tbe -

(c)ne presiding omoor will afford Adminletrative Law lodge will designate

}

proceeding unless the screerdg atomic r*presentativw of an internted State.

by ordw the edadalstrative law judge selety andliconalns board first county, municipality, and/or agencies who le to prooide. The presid;ng officer's detenmines that such issues should be thereof, a reasonable opportunity to jurledletion in each proceeding will admitted beood upon a balancing of the Portiolpete and to introduce evidence.

twminaw upon the expiration of the facters est out in paragraph (c)(3) of this Wwasaw witnween as authorised pwied within which the Conunleston spedon.

under 6 3.748 and advise the may direct that the record be certified to 3

andfor)dimcung a hwing may be(k t An oNier permitting intervention Commiselon withoutr it for Anal deciolon of when the 1

representative to take a pooltion with Commloolon renders a final dociolon, or candleoned on such twme as the respect to the luus. Such participants when the pmelding omoet shall have t

may also fue proposed findinge and Ceemission or the proelding offloor meF. exceptione pursuant to il L764 and withdrewn htmulf from the case upon dinot in the intereste of: (I) Restricting L7st and peutions for nylew by the whichever is earllut.

considering himself disqualified.

Imlevant, duplicative, or repetitive Commission pursuant to 8 3. fen.no

. evidence and argument. (ii) having presiding offbor may mquire auch t

commonlatereste repmeented by a wpreseniative toindicate with

15. In I L730.

070we'*aph (h)(2)(ll)is spokesperson, and (iii) wieltdng reesonable specificity in advance of the revised to road a l

c:thority to deterndne priorities and hearing, the subject mitm on which he Ia.fse tubpoenee.

control the scope of the hearing, dulree to participate.

e

(

[g)ln any case in whloh. after (h). * * -

consideration of the factors set forth in

18. Section 1.716e is revind to rnd as (3) * * *

- thne regra h, the Comminolon or the follows:

(il)ln addition, e party may file with i

titi e in t to one or I

• • "88#8". #8'#" " '"'#

e[og oIeredb NRC more of the issues involved in the '

e ing, any order allowing On motion or onits or his own personnel with knowledge of the facts deelsnowd by the Opweum. Upo ' Executive Director for tervention shalllimit his participation inittetive, the Commloelon or the a bdi@y b madhely.

preelding omcw shall, after first prwiding omcer at answere to the m use. oe.rwise e,,essi, ga g *, gig,-l,fam g,"

w ormge m m e - ne u m,y a e - per padded by the Commluton, the couclidation tbrty subject todecisknin es pungetwin m not cudhg and est showing by a Fanting of a petition for luvo to awwm 4 es t its rights would be intefvene and/or bewing squest does

@ualliceneidioed. orde any parties in an reasonably obtainable from any other cct enlarge u the scope ofissues

+

proceeding who have some, such as from se Conantuim o specifiedin e notice of hearing or substantiell e same intest that may PublicDocument Room or LocalPublic be affected by the proceeding and who Document Rooms, the preelding omcor l

notion of opportunity for hearing.

(a) A person permitted to intervene becomes a party to the prW%

raise substantially the same questions.

• • F "4"I" **' ** *U ""'* " **

to consolidate their presentation of interrogatories. Such interrogatories

, oubloot to any haitatione imposed evidence, cross examination, briefe.

28y seek to elicit factual informauon pursuant to parayeph (k) of this section. proposed findinge of fact and

",'y",*,(Y

• $d egns 11.la I L714a. paragraph (a)le concluelone oflaw and argument. A p

i mvised to read se follows:

. consolidsuon under th!e actiou me be dets used, assumpuone made, and 3

analyses performed b the NRC staff.

atories ofall not, however, 98.7tes Appeals trem owteen ruunge en t[e e$esNep othth Such into poseens ter toen wInternne ens /e' requeste ter heartne.

roepect to any one or moreissues be oddmm W m be catrued 2 require:(A) Reasons for not using g,,g" l 3.717, paragraph (a) le revised

• (*g*[j'j','l,'h

(:)Nemithstanding the provisions of 14.In 4

61.7so(T). en order of the presiding to road as follows:

r s tive Wa.

offleer designated to rule on petitions for assumptione, and analysee were not leave to latervene and/or requeste for

$ 8.797 Commencement and termino #en rolled on in the staff review, or (B) hearing anay be appealed. in accordance et putteeletten et proelding etnser.

performance of additional research or with the proviolone of this section to the h)Unim ehrwin orded by the anal tical work beyond that which is Commiselon, the juriedletion of the noe d to suppo-t the etaff's position on thimaio.n within ten (10) days after e o, der.n. a peni shan be grool,dir 3,offi,cer designa,ted t,o conduct a any particular matter.

es,.e.f es fWng of a n,ouce of

,,,,,,,,,,,,e,,,,,, lam, eenth motions and procedural mattere.

16. In i1721, paragraph (a)la 8

P 4,g g',""

'g"gj p s

ib commences when the proceeding redesignated as par raph (e)(1).

commences.If no preendir9 omeer has paragraph (a)(2)is e ded, paragraph (d)

. wienn ten (10) days eher servios o thesupPet of or in opPwition to the a{p*al been designated, the Chkt le mvised, and paragraph (e)is added to cppeal. No other appeals from rulings on Administrativelaw judge has such med as follows:

petitions and/or mqueste for hearing jurisdiction or. lf he le unavailable, shallbeaHowed m another administrative law judge hee 1.73t Atomic setety and Lisensing such juriscition. A proceedtre le dwmed to commence when a notice of hearing (a) * *

• 11in i L718. paragraph (c)is revised or a nouce of opportunity for hearing (2) no Commloelon or the Cheltman tamed en follows:

pursuant to l 2.106 le leeued. When e of the Atomic Safety and 1.icensing w

=G-

!~

Federal Registee / Vol. es, Na y1/ nursday. April it.1934 / Propgeed Rules 14'199

]

1 Bowd panel shall establish one or more on the specific issues rdated to the sneaningful and expeditious j

screening atomic safety and boensing -

subject matter for which the panel examinations or cross examination.

1 I

boards in the manner described in ponenes special expertise and may Examination or cross-examinadon paragroph (a)(t) of this section. He -

ex6.nine the witnuwe of the partin as conducted pursuant to thle section shall screening atomic safety and licensing a technical intwrogator. ne panel will be limited to areas within the expwtise board shall rule on all requests for advise the presiding omoor ofits of the individualconducting the hearing and petitions forleen to concluelone on the specificlunes examination or crow-examination. no.'

intervene in initiallicensing through an on the record report his party on behalf of whom such g...,

proceedings, shall rule upon and refer re_ port le advisory only;l authority on -

the presiding examination or cross examination le j

y.

admissible contentions to the omoor bhall retalr: fina oonducted and ble attorney shallbe

,3 appropriate inrum for resolutionin lesues for which the expert panel was responsible for the t,anduct of _

l

.4 p accordance with the proviolone of thle designated. In the case of an expert examinetton or crow examination by chapter, may dwignate leeues to be panel appointed to seslot e screening such individuals.

heard by an expert panel pursuant to t oard, the panel shall assist the board in

30. In i t.740, parepaph (b)(2)le 6 g 722 and shall pwform such other determining whether a sumolent redesignated (b)(3) and new (b)(s) le 1

adjudicatory functions er the showing has been made to admit a reprinted for the convenience of the i

Commission deems appropriate.

peticular contention (s).

reader, e new parapoph (b)[t)le added, i

18. In l z.730 parapaph (e)is revloed paragraph (c)is revised, and a new e *

(d An atomic safety and licensing and peregraph (Ilie added to read as '

paragraph (g)is added to twd as boar)d, including a screening atomic 1

follows:

,follows:

?.

safety and licensing board, shall have J

the duties and may exercise the powers Ia.m hwrelpewestenesweene of a prwiding omcer as granted by

esmary, d(wrinen moUom elew by wrinene)De Prwiding omcor may dispose l 2.718 and otherwise in this art. At any time when such a board fe in (b) Scope of discoveity. * * '

exletence but is not actually in session.

order or by ruling orally during the any powers which could be exercised by course of a prehearing nfw n (2

'visi dis m. % e a presiding omcor or by the Chief hearing The presiding o icer ego frequency or extent of use of the usure at parties not prwent lor the discovwy awthods set forth in Adminlettative Law judge may be h N d b MmW execleed with respect to such a

• jl ruling are notified promptly of the fimited by the proelding omoet if he or proceeding by the chairman of the board eht determines that: (i) De discovery having jurisdiction over it. Two so ht is unreasonably cumulative or members of an atomic safety and (1) Uncontrovertedmotions. If no du icative, or obtainable from some licensing board constitute a quorum,if party controverts the ounds asserted g gg, g,;,,,,

one of those tambers le the member and the relief sought the movant adod h is elew more convulet, quellfied in the conduct of within the time pres d in para sph las burdensome, or less expenstw: (ll) administrative proceedings.

(c)of this section, the presiding o icer the party seeking discovery has had (e) Nothing in this section !! mite the shall grant the motion to the extent discretion of the Commission to authorised by law, ample opportunity by discovery in the procwding to obtain the information designate one or more administrative

,0{9. Section 2.733 is revised to read as p hWHI) Se discanyis und4 law judges appointed pursuant to owe-bu ensome or expensive, given the section 3106 of title 5 of the United g g,ygg g,,,in,.4en by superes, needs of the case, and th6 number and States Code to prcelde in proceedings Subject to the requirements of I 2.743, complexit of the lasues in controversy, for granting, suspending, revoking, or he pr*sifing omcor may act uponits amending licenses or authorisations and a party may re uest the presiding omcer perform such other adjudicatory to permit a qua ifled individual who has own initiative or ursuant to a motion cuons as the Commission deems scientific or technical training or under paragraph c) of thle section to experience to participate on behalf cf specifically limit the use of discovwy.

17 l E22, paragraph (c)is added that party in the examination and crose. for example, the number of to read as follows, examination of expert witnesses. De interrogatories any party may serve presiding omcer may permit such (8) yrialpreparolion moferials. A i 1 72 apeoisi assistants to the prooienne individual to puticipate on behalf of the party may obtain discoveo/ of emeer ans expert pensin.

party in the examination and creas-documente end tangible things exandnation of expert witness where it otherwise discoverable under paragraph (c)ln consultation with the panel would serve the purpose of furthering (b)(1) of this section and prepared in U

Choirman, the cresiding omter may the conduct of the proceeding. Upon anticipation of or for the hearing by or appoint an expert panel of one, three or finding:(a)Det the individualis for another party's representative five expwts with specific subject matter qualified by scientific at technical (including his attorney, consultant, experties. panel members may be training or experience to contribute to surety,indencitor, insurer or agent) selected from inside or outside the the development of an adequate

• only upon a showing that tne party Commiselon. Such appointmente may declaional record in the proceeding by seeking discovery has substantial need occur at any appropriate time during the the conduct of such examination. (b) of the materiale in the preparation of his proceeding but shall, at the time of the that the individual has read any written case and that he is unable without testimony on which he intends to undue hardahlp to obtain the substantial appointment, be subject to the notice and disqualification provisions as examine or cross. examine and any equivalent of the materials by other described in 12.704. De expert panel, documents to be used or referred to in means. In ordering discovery of such with the presiding omeer designated to the course of the examination or crose.

materials when the required showing conduct the hearing, Will hear examination, and (c) that the individual has been made, the presiding omcer evidentiary presentations by the parties has prepared himself to conduct a shall protect ege! net disclosure of the

,a 0

e

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,.n

[ tete Federal Regleter / Val. 48 N2. y2 / hraday, April it.1964 / Proposed Ruhe

\\

smentalimpreselons,concluelona..

upon its own initiative, shall impose (8) A party may submit a request to ephnione, orlegal theories of an attorney upon the person who made the cross-examine on any lesue of material l

er other representative of a party certification or the party on whou fact by fulng a written motion within 10 -

conceratag the p:M

. behalf the request, respones, or days after service of the written '

(c) prosective order. Upon motion by a objection le made, or both, an tes'imony concernire the leaue. A p3rty party or the porean from whom appropriate sanction pursuant to i 2.707 may roguest to cross-examine only as to

- disoevery le sought, and for good cause or 1718, leeues of material fact germane to h shown, me ding omoor mayleeue and (d) are revised to read es fo(llows:31. In l L748, paragraphs (a), b), (c),

subject matter of an admitted contention

{

an order to any of the purpone advanced by that party; provided, i

of paragraph (b) of une section, or which g gygg ggg,,y, however, the staff, license applicant or a justice requires to protect a or governmental representative admitted i

person from annoyance, em

essent, (e) Generol. Every party to a pursuant to l L716 may move to cross-oppreselon, or undue burden or expense, Proceeding shall have tlw right to

,,,,gn,,,,,;, admitted contention in lacluding one or more of the following:

present written or documentary

. (1)Het the discovery not be had:(g) evidence and written rebuttal evidence tb6 proceeding.De mot'on shall that the discovwy may be had only on under oath or amtmation. Oral evidence specify:(1)The disputedlesus of specihed krme and consum

""dl 888"""II88 'I I 0' '

meterial fact regarding which crose-examination is requested. (ii) e including a designation of the time or written evidence will be allowed only as descrifees paragraph (e) of this section) tion in the nature of an offer of pt:ce: (8) that the discovery may be had provided in paragraph (b) of this section, proof J

only by a method of discovery other provided, however, that every party to a than thel selected by the party seeking proceeding undet Subpart B for of what the movant will establish by the

'dinoovery:(4) that cenaln mattere may.

mo&ncaum, mpension, w rmcation cross examinetton, (111) a statement as to be inquired into, or that the scope of of a license, or imposition of a civil why the cross examination will result in resolvi discove be limited to certain matters; penalty shall have the right to present involve 7,the leeue of material fact (iv) a statement as to why (5) that ecovery be conducted with no. such oral evidence and rebuttal eddenn and Mnduct mh mu-written tutimony could not establish one present except persons deelgnated the same feting of a proposed line of vints,(v) e cross-examination by the proelding omcer; (6) that, subject examination as may be a utrod for full plan cone to the provisions of il L744 and L790, a and true disclosure of the acts.

trede scoret or other confidential (b) Testimony and cross examinot/on, questions along with postulated answers which mi ht reasonab! be anticipated (t) D8 partin shall submit all direct and whic maylogicalfylead to research, develobment, or commercial and abunal tuumony M witnmu,in l~

information not disclosed or be written form, unless otherwise ordered achieving the objective of the cross.

disclosed only in a designated way; (7) old omcer upon a showing examination,(vi) an settmate of time that studies and evaluations not be kth 3

m at welprmntauon d necessary to complete the crose-prepared. lf the motion for a protective the examination, and (vu) the name of the order la denied in whole or in part, the ee on an p n)c act)n't individual who shall conduct the cron.

y

,y axaminsuon.

proelding omcor may, on such terme and identification, clarification and conditions as are just, order that any resolution ofissues (6) Answm m a modon fw mu.

p*My # peC pmWde w pwinn di m m y,.

(2)If good cause le shown the examinadon may be filed by,other 5

proelding omcor may schedule the parties within to days after service of 7

taking of oral evidence either by the modon.

(3)8/ ningofdisco eryaquests, deposition or by preelding at a hearing (7)De Pruiding omcer shall nepon:ss, and object /ons. Every request seselon where a transcript of oral promptly leeue an order granting, for discovery, response, or ob}ection gestimony and cross examination is denying or conditioning the requal for thereto, or motion for a protective order, made, crou examination. lf the request is shallbe signed by the party or its (3)%e presiding omcor mey set dates granted the order shall specify:

l, authorised representative pursuant to for too filias of tutimony on each (1) De leaves on which crose-

$ 1718 and shallinclude the party's or factual issue in controversy as follows:

examination is granted; representative *e address, he elsnature (1)De license applicant shall file (11) De person (s) allowed to c'onduct of the attorney or other authorised written direct testimony first.

crou examination, and time allowed; representative constitutes a certification (U) All parties other than the license (iii)he date, time and place of the Abat he or she has read the request, applicant shall file their written direct heari et which crop 4xaminetton i

response, objection, or motion and that testimony on asid leeue not later than 20 shall he place; and it le (1)to the best of his or her days after the date of Aling of the knowledge,information, or belief tutimony under the preceding (iv) not the pany spenwing the -

f;rmed after a reasonable inquiry, subsection, whnm[u) ouWect 2 muaxarnbuon 111) All written rel5uttal testimony shall be allowed a reasonable amount of conalstent with these rules: (2) filed in sh(all be filed no later than 30 days after time for oral redirect examination good faith and not primarily to cause delay or for any other improper purpose; the date of the filing of the testimony immediately following the crose-and (3) insofar se discovery la under the proceding subsection.

examinsuon.

requested, not unduly burdensome or (iv)he preelding omcor may allow subm)De cross examination plan (4

itted to the pruiding omcor shall expensive, given the needs of the case, such additional rounds of testimony se its nature and complexity, and the deemed necessary to develop an be kept in confidence until the i

discovery already had in the case. lf a adequate record.

completion of the cross examination,if request, response, or objection is not (4) Written testimony shall be granted, at which time it shall be j

sign;d it shall be of no offect. If a incorporated in the acord as if read or, phyelcelly inserted in the record.

I certification is falsely made in violation in the discretion of the preelding omcor, (9)This subsecuon does not apply to of this paragraph, the prealding omeer, may be offered and admitted in proceedings under Subpart B for where appropriate and upon motion or evidence as an exhibit, modification, suspenelon, or revocation et

- - -mmusumer

_-- ~. _ - -

. Federal Register / Vol. 49, Na n / Nmday, April 11,19M '/ Proposed Rules

-14711 i

\\1 I:

of a license, or the imposition of a civil -

No further supporting statements or person who does not have the burdan of

penalty, responses thereto shall be entertained, proof and who has only a limited

)

interest in the proceedina shallbe (c) Adm/asibility, he presiding omcor shau admit only relevant, (d)%e presiding omoer shallrender conf ~med to matters which affect his material, and reliable evidence which is the deciolon sought if the filings in the interests, 1

not unduly repetitious.1mmaterial or proceeding. depositions, answere to

16. Section 2.787 is revised to read as

)

irrelevant parte of an admisalble

. interrogatories, and admissions on file, foDo*s:

t document willbe segregated and together with the statements of the l

excluded if practiceble, Parties and the affidevits,if any, show I L757 AWIh*rtt? el presiding eNiser to l

Id) Objections. An objection to the that there is no genuine issue as to any

1. 9ulate presedures in a heartne, 1

I idmlanlon of evidence shan briefly state material fact and that the moving party To prevent unnecessary delays or an is entitled to a decielon as a matter of unnecusarily large record, the presiding the grouods of objection Unless oral

law, officer shall, consistent with 6 2.743, presentation of the evidence has been

23. In i 2.752, paragraphs (a)(5) and (c)

(a)1.imit the number of witnesses ordered by the presiding officer.

are revised to read as fallows:

whose tutimony may be cumulative; objections to written testimony filed pursuant to paragraph (b) of this section IL7s Preheartng A q (b) Strike argumentetive, repetitious, i

cumulative, or irrelevant evidence; f

t l

shallbe made within10 days after (a)n* *e s*etting of a hearing schedule, (c)Take necewary and proper service of the objectionable testimony in (5) accordance with the provisions of including a schedule for the filing of measures to prevent argumentative, *.

I 2.730 or the objections shau be direct and rebuttal t,3timony; and repetitions, or oumulative cross.

~~

deemed waived.ne presiding officer examination: and shall rule on the objectiens p,romptly.

(c)%e presiding omcer shall enter an

[d)1mpose such timelimitations on Unlen otherwise ordered by the

• order which recites the action taken at ergwnents as he determias appropriate, presiding officer, the filing of objection

• the conference, the amendments having regard for the volume of the.

. shall not extend the time for filing allowed to the pleadings and evidence and the importance and i

i written testimony, ne transcript or agreements by the parties, and which complexity of the issues involved.

record of the proceeding shallinclude limits the issues or defines the matters

26. Section 2.768a is added to read as the objection, the grounds, and the in controversy to be detennined in the goljow,.'

s mling. Exception to an adverse ruling is proceeding. Objections to the order may preserved without notation on the be filed by a party within five (5) days S t.76ta codenostion of generic teetual record.

after service of the order, except that the teause rosesved ininluellisensing regulatory staff may file objections to proceedings,

22. In i 2.749, paragraphs (a) and (d) such order within ten (10) days after (a)Within15 days after a generic are revised to read as follows:

service. Parties may not file replies to factual issue (s) is resolved in an initial the objectiono unless the presiding licensing proceeding, the presiding I a.74e Authertty of preendine officer to omcer so directs.no filing of officer who conducted the hearing shall 1

einpose et eerseen inaues en the pleadinga.

ob ections shall not stay the decision inform the Execuuve Director for (a) Any party to a proceeding may ese the presiding officer sa orders.

Operations in writing of the factual move, with or without supporting

%e pmiding omeer may mvise the basis upon which such issue [s]was affidsvita, for a decision by the orderin thelisht of the objections resolved. For purposes of this section, a presiding officer in that party's favor as Presented and, as permitted by 6 2.716(i) generic factualinue means a to all or any part of the matters involved may certify for determination to the controvertedissa of fact whichis i

in the proceeding. nere shall b Commission or the Atomic Safety and common to facilitin of similar type or annexed to the motion a separate short I'icensing A; peal Board, as appropriate, design and whichis the subject of an and concise statement of the material such matters raised in the objections as evidentiary presentation before a facts as to which the moving perfy it deems appropiate, ne order shall -

presiding officer which is not dismissed control the subuqwnt courn of the on motion or settled by stipulation of the contends that there is no genuine issue proceeding unlen modified for good parties. A gener!c issue is considered to be heard. Motions may be filed at any C8u8e-resolved at the earlier of the time when time. Any other party may serve'as an 24,In 6 2.754, paragraph (c)is revised (1) the decision of the presiding officer

.E answer suppc? ting or opposing the IO F08d 88 I0lIO*8 has become the final agency ac*lon: or motion, with or without affidavits, (2) the opporiunity for a party to seek within twenty (20) days after service of I a.764 proposed findings and the motion.There shall be annexed to eenelusions, agency review of the presiding officer's finding on the generic fact has paned any answer opposing the motion a separate, short and concise statement of (c) Proposed findings of fact shall be and noparty has sought review, the material facts as to which it is clearly and concisely aat forth in (b) Within 15 days after receipt of the contended that there exists a penuine numbered paragraphs and shallbe notification, the Executive Director for issue to be heard. All material facts set confined to the materialissues of fact Operations shall prepare and transmit a forth in the statement required to be presented on the record, with exact notice of proposed rulemaking to the served by the moving party will be citations to the transcript of record and Commission which is consistent with '

deemed to be admitted unless exhib!ts in support of each proposed the requirements set forth in Subpart H controverted by the statement required finding. Proposed conclusions of law of this part. The notice shall provide for to be served by the opposing party.%e

• shall be set forth in numbered a 45-day period for public comment.

opposing party may within ten days paragraphs as to all materialissues of (c) Within 45 days after the close of after service respond in writing to new law or discretion presented on the the public comment period and after due facts and arguments presented in any record. Proposed findings of fact and consideration of the comments,the statement filed in support of the motion.

conclusions oflaw submitted by a Comminolon shall take such further i

~.

Fedesel y / Vd. es, No. ya / ' thursday. April it.1983 / Proposed Rules 34*/13 estion en the proposed rule as it deems record relied upon in support of the stay of the eft:ctivinm cf h decision

!l appropriata, assertion of error, or action pending fihng of and a decision on an appeal. An application j!

37. Section 2.?the le revloed to read as follows:

33. In l L7M, paragraphs ('e), (f), and - for a stay may be filed with the i'!

(g)are removed and parabows(:a) and Commleton or the presiding omcer.

hs games heWmemonineeneessed (b) are revised to re,ad as (b) A l5 "f!*"dn a phcation for a stay sh W F""~ '" '*"'

' i t= = ~~~- et wi=

e l

8"*" *"#"8 '****"" * *"*"8**"'

Ja en initial decision i.n a contested

~ ~ ~ = ~ ~ ~ ~ ~ followl"*.

- ana,,uca - f..n "8' "

red y b

nin for a tay I on f c ou kct o f

special circumstanosa, an initial di8Pute, opbrepriate teforences to the

$g (y""

",g*[g g::t,",",I,enota=~

decision relating to th record or a davite by knowledteable amende.ni of a cons e leeuance or cuon re o.st,ued..ueo,iasoom o,orma. a m-vi-of-.p,u-o-f o, a sia

,d en operating license shall be effective on the other parties shall be by the sam,e bC o

immediatel upon lesuance unless the method, e.g. telegram, mail, as the p'*85di843 o cor When the proeldire residing oboer Ands ht good causemethod for filing the application with as been shown by a party why the the Commission or h prwiding omcor.

w co o

n accurity matter exists and has not been initialdeciolon should not become

+

put into controversy by the parties, he or immediately effective, subject to the (e)la determining whether to grant or

= she shau owtify the matter to the miew thereof and further deciolon by deny an app!! cation for a stay, tne the Commisalon upon exce by any petty pursuant to l ptions filedCommission or presiding officer will screening atomic safety and licensing board with an explanatory statement.

2J62 or upon consider: -

Thle authority is to be used sparingly, he own modon.

The screening atomic safety and (b)Except a provided in paragraphs (f) An application for a stay' t a (c

a section, or as o

i o[and(d)of licensing board shall detwndne whehr erwise ordered by the Commission in declefon or actionof a presiding omcer the matter should be examined and I

- decided by the proelding omcor or may epnia ru mstan m,&e Exuud u may be filed before either the t

take such obr action as may be Director for Opera tions, notwithstanding Commisslon or the presiding officer, but

, cppropriate The Executive Director for the filing of exceptions, shall issue a not both at the came time.

Operations, after making the requisite cetrucdon pennH. a catrucuon (3)In extraordinary cases, where l -

fladings, willissue. deny. or auswizadon, w an opwoung henu, w prompt a(plication is made under this

,,ggg,,, g e Commiselon or presiding

h' appropriately condition the license.

g""y *dsI omcor me grant a temporary stay to n 0) s

28. In $ 2J62, paragraph (a) is revired 13 md as follows:

from the date ofluuance of the pmeme e statuguo wnhut wsMng r

dedal'"'

for flung of any answer '!he application may be made orally provided the i RJet Apposis to the commissim from gduel destatene, apphcation is promptly confirmed by ggygg gnemmej telegram. Any party applying under this

2) Within ten (10) days after service of(cn initial (scision any party may take

30. Section 1385 is remove 4.

paragraph shall make allreasoncble efforts to inform the other parties of the an cppeal to the Commluton by filing of GtJet (Removed) application, orally if made orally.

Cxceptions to that decielon or

31. Section EJ86 la removed.

(h) A arty may file an appilcation for P

designated portions thereof. Exceptions submitted by a party who does not have I 8N I#"**di a stay of a decision or action granting or denying a stay. As to a decision or.

the burden of proof or who has only a

32. Section 2J87 le removed.

action of a presiding officer,she

,1

)

limited intmet in the proceeding shall

. be confined to issues which that party 9 23e7 compeestion of Atomic safety eng 8pplication shall be filed with thf ""l i

Uconalng Apped Sewe, Commission.In each case the

+

cod in controversy or sought to place controversy in the proceeding. Each (Removed) procedures and criterie of(aHel of this Cxco on shall be separately numbered

33. In i 2'J88, h section heading is section shall be followed.

revised, the introduction text of Apper41:A [ Removed) f j

pport e a o, tbe le ni of r der er sph

34. Appendix A to Part 2 is removed.

error of fact orlaw whichis being i

cesert in that exception; and (2)

(b)(3)is removed, paragrep (b)(4)is PART $0-DOMESTIC 1.lCENSING OF redesignated para sph (b)(3) and new ide:tify with particularity the portion of (b)(3)is reprinted br the convenience of PRODUCTION AND UTit.IZATION j'

- the decision (or earlier order or ruling)

FACluTIES l

to which the exception is addressed. A h reader, the introductory text to bel:t in support of the exceptions shall paragraph (e) is revind, and paragraphs

35. The authority citation for Part 50

be filed within thirty (30) days thereafter (a). tc),(f),(g) and (h) are revised to read continues to read as follows:g g$

C'

, gayo,,,

e faa onfin d i RJes Steve of monsions of presiding eestbh b',

nn a

consideration of b exceptions efflowe pending mW***

2233. 2239); sees. sei. 202, son, se stat.1243.

i

- previously filed by the party and, with (a) Within ten (10) days after service 1244,1246). untees otherwiss noted. Section respect to each exception, shall specify, of a decision or action any party to the 30.78 e!so toeved under Sec.122. es Stat est inter alla, the precise portion of the procccding may file an application for a, (42 U.S c. 2152). Sectione so.ao-60.s1 alm 41 80

__ _.__ - - _ m aus

r i

sms Federal kegneter / W1. 49, No. 72 / '!hursday, April 11, 1984 / Proposed Rulee leeued under sec.1M.C3 Stat. eN u ne additional vi:ws cf Chairman Commlulos abauld elsnify to b public amended; la2 U.S C. 32H). Sectione so.1'A palladino and Commluionn Bernthal only that the Commluton seeks the to. set tenued under Sec. las. Se Stet. M6:(a2 and the separate views of broadut poulbleinformationalbue "Ad A*"

""I 9e4. e a nde S

31 follow.

regarding'ePecific proposale diccused l to.M(il leeued under Sec. tell se Stei tee; by the RRIT. In this case I believe this-(at U.S C. taDi[Ill, il 8030. toft. 603e inued Deted at Wohington D.C. thle 9th doy of Procedure le entirely appropriate in

,t-under Sec. telo, se Stat. eso, se amended. (42 April, ten.

view of the extenalve effort that has ee U.S.C. Ract[o)) and the laws referred to in For the Nuclear Regulatory Commiselon, gone into developing these proposals, Appendices.

Se 4 Chuk.

(d the broad intetost that attache

36. In l 90.10. paragraphs (e)(1) and Secretary ofde Commlesian.

(e)(3)(1) are revloed to toad as follows:

Cbdrman PaHadine's Additional hows h VW W f'-h t 80.10 Licente reaper'd.

Because there could be some GL y (parte 3 and 30) misunderstanding of my intent from e 1a e with Commlulona (e)(1)De Executive Director for reading of Commissioner Ateeletine's Ane line e comments on the Operations may authorise an applicant separate views,I have the following procedural propostle.be put out by commente.

for a construction permit for a utillution ne mattere on which the Commlulon the Commisalon majority. also apu,

facility which le subject to I M.6(s) of with ble proposed reform and urge that this chapter, and is of the type specified seeks public comment are suggestions public commente concentrote on these in i 80.21(b)(2) or le a testing facility to forwarded by the Regulatory Reform

's the are a far sounder starting point, 6

M' conduct the following activities: (i)

Task Force. it le my understandire that.

than e packase of the Commluion while the Task Force has not voted on 5

pre aration of the site for construction of e facility (including such activities whether or not to support the eventual majority.1 would add that I continue to believe that the 6taff should cease to be as clearing, grading. construcuon of adoption of any or all of the proposale, a fullparty seekingluvance of a the Task Force agrees that the proposals IIC'n'e, and that the Commluton should temporary access roads and borrow are a point of departure for discuselon of areae);(11) installation of temporary cYn insBoaNd ci N N o7s N ous h)e t te ti ne forwarded by w

f e

d o the Task Force have received review separate ylews of Commissionw facilities, utilities, concrete mixing and comment by NRC gmups, they have Asaolettne plante, docking and unloading facilities, not been published for public comment:

and construction support buildinge); (iii) 1 disagree witi the majority,a decialon t

exca vation for facility structures; (iv)

- the public has not had the opportunity to to inue for public comment thne construction of service facilities agree or diesgree with either those osale for procedural changuin the (including such facilities se roadways, suggestions or Commleoloner prop;eer power plant licensing process, auc pavlag. railroad spurs, fencing. exterior Asselettne's pro;osals.

%#e proposals, which were preented I recognl e that some of the to the Commiselon in a November,1982 utility and lighting systems'ltery suggestions may not be acceptable to draft repo.t from the Chairman e transmisalon lines, and san eewerage treatment facilities; and (v) some members of the public or to some-Regect the most extreme view ofulatory members of the Commlulon including I

the cc.netruction of structures, systems, te I

and components which do not prevent myself. However.1 do not believe that should be the criterion for deciding licensing ' reform and,if adopted, or mitigate the consequences of whether or not to request public would as a practical matter effectively 1

a postulated accidente that could cause comment. Given the concluelon thst the eliminste public participation in the undue risk to the health' and safety of the public.No such authorization shall sussestions are a point of departure for hearing process. Moreover, the process furbr discueelon.1 do not bellen that by which these propostle were be granted unless the staff has it la inappropriate for the Commiselon to developed does not support the l

completed a final environmentalimpact request public mmment on them.

majority a decialon to oceed to loue cone,geiig,grra as re,*ed by vari gamewe of e-i..i-

'h' = n = _= 'a'a',raa',' '=-

statement on the leeuance of the a

eear.aese,,oposaie.and.e It should be emphasized, as the accompanying emplanatory discussion in 4

(3)(ilne Executive Director for summary statement indicates, that the the November,1982 draft report, do not Operations may authorize an applicant klene put forward by the Resulatory reprwent the views and for a construction permit for a utilisation Reform Task Force (RR*lT) do not and recommendations of the Regulatory facility which is subject to I 61.5(a) of are et intended to have the imprimatur Reform Tuk Force.Rather, these this chapter, and te of the type specified of the Commission.The fact that public proposale constitute nothing more than in il 80.21(b) (2) and (3) or 50.22 or le a commente are being solicited regarding a collection of possible changes to our testing facility to conduct. in addition to these suggestions le not indicative of bearing procedures for discussion the activities described in paragraph support by the Commlulon, or even by purposes. In such circumstances, the

. (e)(1) of this section, the installation of a majority of the Commiselon, for any Commiselon should rtret decide whis structual foundstions, including any siven proposal.indeed, neither the changes to its licensing procedures it necewary subsurface preparation. for RRTF nor those who reviewed its work believes are appropriate and beneficial, structurn, systems and components were able to arrive at a consensus on and then seek pub!!c comment on thcce which prevent or mitigate the anything other than the appropriatenese changes. Further, any public notice of consequences of postulated accidelfte of furtherevaluationof thepossible possible changes to our hearing that could cause undue risk to the health changes to the licensing process procedures should present a full, fair and safety of the public-discuse'ed in the Draft Report.The and even handed discussion of the solicitation of public comment by the potential advantages and disadvantages l

14714 Fedesel y / Vol. 40, NJ,72 / Thursday Apr011,1984 / Proposed Rules of e&ch proposed change.h docume:t the only requirement for direct immedist:ly t) devel:p appropriate rule belagissued for comment by the Commission nyiew prior to the changa and policy guidance that would majority today fails to meet this test, commencement of operation of a new -

result in improvements in the efficiency e.Saab pouls, and the process by plant.The proposal to eliminate the and e5ectiveness of the hearira procas wem developed, do not AppealBoards would deprive the and in the opportunities for participation provide a als for Commission Commission of the benents of the by allinvolved parties, development of a set of reasonable and thorough, expert and independent la the hope of encouraging a more constructive changes to the hearing mviews of Ucensing Board initial sensible and constructive direction in *

r danges thatIbelieve are decisions now provided by the Appeal our regulatory reform effort. I am aseded toimprove the of6ciency and Boards.no proposal to require the including in these views my own cffectiveness of the process and to codificauon of all generic factualissues suggestions for improving the hearing considered in an individual licensing processiness suggestions are drawn enhance the opportunities for participation by allinvolved parties, proceeding would commit the largely from the comments and including pablic intervenors a.he utility Commissia to codification even where recommendations of individual applica%s and the NRC staff.

there are no benefits to be gained by members of the Regulatory Reform Task N following proposals beingissued such action.

Force,the Senior Advisory Group, the by the misjority for comment are of bee proposals were strongly Ad Hoc Committee for Review of particular concern: the proposal to criticised by individual members of the Nuclear Reactor Ucensing Reform establish a higher evidentiary threshold Regulatory Reform Task Force and by proposals, and from previous NRC for the admission of contentions: the members of the Senior Advisory Group, licensing reform efforts.1 would proposal to require that contentions be a group of senior NRC officials with appreciate comments on whetner thne l'

filed at the time the aquest for hearing extensive knowledge of, and experience suggutions provide a reasonable basis i

or petition for leave to intervene is filed; with, the hearing process. In addition, for Commission development of a set of

- the proposal to limit the opportunity to the Ad Hoc Committee for Review of useful and appropriate changes to our amend or Ale contentions after the Nuclear Reactor Ucensing Reform

' hearing procedures.

relevant staff review documents become Proposals, a group of knowledgeable w Jin brief,I woud revise the present tv:llable: the p'oposal to establish a experts from outside the agency with hearing procedures to provide for the single Screening Board with exclusive diverse perspectives on regulatory following:

c;thority to rule on the admissibility of reform inues, recommended against

• A notice of the submission of each contentions and ucensing Board adoption of allbut one of these reactor license application. Following mquests to pursue issues suo sponte; the proposals. Moreover, the Commission's this notice, interested persons could pmposal to restrict opportunities for two legal offices, either in comments on notify the Commission of their interest.

cross examination: the proposal to the proposals, or in previous regulatory Such persons would then be notified of climinate the Commission's immediate reform evaluations, have questioned the meetings between the NRC staff and the

(

l cffectiveness reviews of initial licensing Commission's legal authority to adopt applicant. and the staff would hold decisions: the proposal to eliminate the several of these proposals.

periodic meetings with such internted At mic Safety and ucensing Appeal

,' Notwithstanding the serious legal and persons to here and respond to their Boards; and the proposal to require the public policy concerns that have been

. concems regarding the application. A l

codification of allgeneric factualiuues raised repeatedly by members of the

' local public document room would also that are considered in individual.

Task Force, the Senior Advisory Group, be established following the notice, licensing deciolone.

the Ad Hoc Committee, the

• A : otice of opportunity for hearing would be issued followirig the staff's Each of these p osals suffers from Commission's legal offices and others.

sipificantlega ey or the draft report Seing issued by the docketing review, as under proent coministrative sadvantages that are Commission today paints these practice.he notice would require not readily apparent from the discussion proposals only in the most favorable interveted persons to file intervention in the document being issued by the light. The discussion of the majority of, " petitions within one month. However.

majority. For example, the prcposals for the proposals is biased in favor of the the only question to be considered by the Aling of detaued support for proposal and fails even to mention.

t the Ucensing Board 1 deciding on the i

I ocntentions prior to any opportunity for much less address. the countervalling !,' " petition is whether the person has discovery, together with the added legal and public policy considerations.

6tanding to intervene, No contentions restrictions on late filed contentions.

Despite repeated suggestions from ~

need be filed at this stage, w:uld impose an unfair and probably knowledgeable individuals from within

• Intervenors admitted as parties to illegal burden on public intervenors. The and outside the agency, the Commission the proceeding would be given three pgoposal for a Screening Board would hu made little progrus over the past months after they are admitted to ~

detract from the orderly continuing two years in developing reasonable

' review available documents and to management of the hearing process by improvement in our hearing procedures.

prepare contentions. Contentions filed

• g the Ucensing Board and would remove not lack of progress la directly

, at the end of the three month period the responsibility to rule on contentions attributable to the dogged pursuit of "would be reviewed by the Ucensing from those best able to carry' out that more radical and extreme proposals for Board and admitted provisionally:(1)If responsibility. The proposal to restrict restructuring the hearing process. Rather the contention meets present opportunities for cross examination than continuing on this course, the Commission requirements for would impose an unfair burden on Commission should:(1) Reject admissibility: (2) if it is accompanied by public participants and would represent decisively the extreme and unwarranted.i a statement of all significant facts c:2 improper attempt to eliminate proposals in this notice: (2) restructure % known to the intervenor at that time present legal requirements for trial type the Task Force to assure that it will supporting each contention, together

. cdjudicatory hearings. The proposal to function as a source of objective advice with references to the specific sources

]

climinate Commission immediate to the Commission on the subject of and documents which have been or will i

Cflectiveness reviews would eliminate regulatory reform; and (3) proceed be telled on to establish such facts; and, t

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Federal R:gleter / Vol. 49. No. 7 / '!%ursday April it.1964 / Proposed Rules 14r13 (s) unlne the Board determines ht it contentions for which an intervenor hae

• As a matter of policy, the uoenelnb l

appears beyond doubt that the establis,hed that a genuine leeue of Boards would be directed to require the intervenor can prove no set of f acts in meterial fact exists.In making this preparetion and use if cron-support of its claim which would entitle determination, the Board would apply examinetion plans for extended secos.

l 11 to relief.ne third part of this testle the test est forth by the Court in.

. examination of witnesses in the hearing.

modeled after the test established by the independeaf Scaken Asah v.Boortf of

• As a matter of Commleolon policy.

~

Supreme Court in Conley v. C/bson. 355. Governos, n16 F.ad 13g6,1220 n. 57 the Ucensing Boarde and partin to a i

U.S. 41 (1987) for federal courte in (D.C. Ctr.1375). Under thle test, an

' licensing proceeding. including the NRC determining whether a motion to dismise intervenor need not make detailed Staff. would be invited to moommend to a complaint should be granted punuant factual allegations in order to meet the the Commission genericleavee to Rule 13 (b)[6] of the Federal Rules of requirement that he or the take "6enes ' ' ooneidwed in individuallloonsing i

Civil Procedure. In applying thle part of of material fact." Rather. the intervenor * ' proceedings which could be usefully the test. the 1.lconting Board would nud only show that an " inquiry in codtged.

consider whether, reviewing the depth" to approprisk.

• Hybrid bearing procedures similar contention in the light moet favorable to

. L.ek-filed contentions would be t'o those specified in socilon 1H of the i

lie proponent and whether every doubt s4mitted as under the Commienton's Nuclear Waste policy Act ofigat avould resolved in the proponent's behalf. the prennt rules. lf the contention could not be used on an experimentalbule in a i contention states any valid claim for have ben filed earlier due to the few selected cases. All parties to the rehof. Legal leeues would be admitted institutional unavailability (i.e., the proceeding wculd have to agree to the and considered based upon oral unevallebility of staff documents or use of hybrid hearing procedures.

t argument rather than upon an omelency plans) of the information on -

he majority of my nageotione could ediodicatory hearing.

whic the contention le booed.the

• A period of 4-6 months woulo be intervenor will be presumed to have met be ado kd through the issuance of a provided for discovery on all the good cause factor in i 2.714. As a ' s mylw Comminion polley statement on '

provleionally admitted contentione, policy matter, the staff would be the conduct of nuclear power plant pood cause, ne Ucensing Boards would - dimeted to pursue the goal of early licensing hearings and through some Extensions could be granted only for evellability of all staff documents.

' limited revlolone to to chi Parte 2 and be directed by the Ccmmiselon as a nnferably within six montne of the

80. lf adopted.1 believe ht changes to matter of policy to supervise closely the huanoe of h notiu of opportunity for our hearing procedure along the knee discovery process and to use such

worm, suppested would help soeure a more measurn as bi-weekly telephone

• De Ucensing Boards would be efficient and effective hearing process as well as one thatis fair 2 all conference calle to menese the nted the authority to call experte as discovery procen.

{ erd witnesses. As a metter of olicy' participante.1 invite commente on this

• At the close of the discovery period' the C7mminion would provide i$st epproach and would welcome the the Ucensing Board would rule on porties to e proceeding could file opportunity to discuss my suggestions fac afe nie t

. Ith e stage t$e requests with the Board to call expert with interested persons.

witnenes on inves to be litigated in the ym p ew a ru.e+ ne na wi Board would only proceed to conduct an edjudicatory hearing on those pmcmding.

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