ML19341A062
| ML19341A062 | |
| Person / Time | |
|---|---|
| Issue date: | 01/16/1981 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | NRC COMMISSION (OCM) |
| References | |
| FRN-44FR61372, RULE-PR-50, RULE-PR-51 NUDOCS 8101220005 | |
| Download: ML19341A062 (11) | |
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'I UNITED STATES CF MERICA j
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NUCLEAR REGULATORY COMMISSION 0;1 M Vfg1981 5 $
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CQiMISSIONERS:
g John F. Ahearne, Chaiman
%4 Victor Gilinsky
%,7o Joseph !!. Hendrie Peter A. Bradford 4g j iPJ
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In the Matter of
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PROPOSED RULEMAKING ON THE STORAGE PR-50, -51 AND DISPOSAL OF NUCLEAR WASTE (44 Fed. Rec. 61372)
(Wa::te Confidence Rulemaking)
MEMORANDUM AND ORDER Now that the participants' statements and cross-statements have been received, the opening stage of t'his proceeding as envisioned in our October 25, 1979 Notice of Proposed Rulemaking, 44 Fed. Reg. 61372, has been empl eted.
Pursuant to the Presiding Officer's order of May 29, 1980 the
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participants have filed suggestions as-to the nature and scope of further proceedings.
Additional input to the decision on further proceedings will come fra the Commission's working group, which in accordance with the Com-mission's Memorandum and. brder of May 28, 1980 is expected to identify issues in controversy and areas in which additional infomation may be needed.
The May 28, 1980 Memorandum and Order also indicated that the working group would submit a summary of thelrecord "following the last phase of the hearing."
The Commission has been infomed, however, that to accompany its identifica-tion of issues the working group is preparing to submit a summary of the 4
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2 record so far compiled.
It appears that this early availability of the summary will be advantageous.
The content of the record so far compiled is of course a major con-sideration affecting the choice of further proceedings.
Accordingly, the Commission finds well-taken those suggestions which urge that a firm decision on further proceedings should follow rather than precede the Commission's opportunity to review the working groups's summary of the record and iden-tification of issues.
A ntaber of the suggestions for further proceedings have also urged that the Commission obtain participants' conments on the working group's report in order to provide further assurance that the sumary and identification of issues accurately represent the present state of the record.
The Commission believes that concise comments, limited to pointing out significant gaps or possible errors in the sunnary anJ identification of issues, can contribute to the usefulness of the working group's product.
Accordingly, the Commission has directed that the working group shall no later than January 29, 1981 file with the Commission and the Presiding Officer and have served on all participants a report which sumarizes the record, identifies key issues and controversies, and indicates insofar as possible at this stage of the proceeding how their resolution could affect the Commission's decision.
However, the working group shall not make recom-mendations or express views regarding the conclusions which the Commission should reach on the issues.
Within 35 days from the date the working group's report is filed, par-ticipants may submit to the Presiding Officer comments regarding the accuracy
3 of the working group's sumary of the record.
Participants may also coment i
on whether the working group's identification and description of the issue.s is accurate and complete.
Participants may indicate their views en the relative importance of the issues identified.
To be of greatest use to the Commission comments should be kept reasonably brief and to the point.
Following the close of the comment period, the Presiding Officer shall promptly transmit these comments to the Commission, together with his recem-mendations concerning further proceedings.
Certain of the participants have filed motions objecting to the working group's use of outside consultants to assist in preparing its sumary of the record and identification of issues.M Some of the motions regarded as unduly " secret" the contract-awarding pro'cedures followed by the staff.
In response to these motions the Commission notes first of all that the May 28, 1980 Memorandum and Order put the participants explicitly on notice (note 3) that the working group was authorized "to engage the services of outside experts if it detemines that such consultation is needed." By the nature of the working group's initial assigment the Commission would expect the group itself to be the best judge of the scope and type of outside assistance, if any, which might be needed to perfom the summarizing and issue-identification l
M Objections were filed by the United Nuclear Waste Management Group --
Edison Electric Institute (UNWMG), the Natural Resources Defense Council-New England Coalition on Nuclear Pollution (NRDC-ilECNP), the State of New York, the State of Ohio, the California Energy Commission and California Department of Conservation, the State of itinnesota, Enviremental Coalition on Nuclea6 Power, Marvin Lewis, Safe Haven, Ltd., and John O'Neill II.
4 tasks set out by the Commission's order.E The Commission notes that the working group's contracting activities have not been " secret" but have fol. lowed approved contracting procedures in full accord with applicable statutes and regulations.E The only services engaged so far have. been largely for the purpose of making the sununaries more readable to the public. The scope of E
The Working Group has been involved in three separate procurement actions during the course of this proceeding.
First, the Working Group has obtained the services of Editorial Consultants, Inc. to provide technical editing and writing assistance. This contract was initiated on Sep-tamber 24, 1980 and teminated on December 10, 1980. A second con-tract was awarded to Teknekron, Inc. on October 27, 1980 and was com-pleted on November 5,1980. The purpose of this contract was for the contractor "to improve the quality of the working group's summaries" of the participants' statements of position.
The Working Group explicitly stated that "the contractor will avoid interpreting, paraphrasing, or otherwise modifying the conclusions made by the participants on the i ssues. " The final procurement action (Request for Quotation (RFQ) No.
RS-NMS-81-032) is entitled " Technical Support for the Confidence Rule-making Proceeding." The purpose of this contract is for the contractor to review the participants' submittals and to assist the Working Group in its function of identifying i' sues and assuring completeness of the s
record by sununarizing the record, describing issues identified by the participants, and identifying technical errors and omissions or issues where additional information is necessary.
Sixty percent of effort under this contract would be reserved for any support required during the second phase of the proceeding.
Proposals received on this RFQ have been evaluated by the Working Group, but no contract award has yet been made for this RFQ.
E For major contractual actions (i.e., contract awards greater than
$10,000), the NRC routinely has published in the Commerce Business Daily a summary of the request for quotation. This is required by the Federal Procurement Regulations.
In the instance involving RFQ No. RS-NMS,
032, the notice was published in the Commerce Business Daily on October 22, 1980 and contained a partial list of offerers wno were solicited. After a contract award is made, a full list of offerors in any procurement action is nomally obtainable under the Freedom of Infomation Act (FOIA).
Prior to awarding the contract, however, the Commission does not c
release the identity of fims who have submitted bids, since release of this infomation could interfere with the competitive process.
The offerors are being evaluated in accordance with applicable law and pro-cedures, including the NRC Organizational Conflict of Interest Rule, 42 CFR 20-1.54 l
5 these two contracts was too small to require publication, but no attenpt has been made to conceal them from the participants.
Some of these motions also objected to the working group's providing an
" evaluation" of the record or in effect performing any task involving expres-sions of judgment on the content of the record.
The working group's mission to identify " key" issues requires the group to exercise a degree of judgment in addition to performing " ministerial" duties.
Even the preparation of a summary of the record clearly involves some selectivity and discretion.
In managing a record of this size the Commission finds it bo'th necessary and reasonable that evaluative functions at this level be performed by the work-ing group rather than the Commissioners themselves.
At the same time, the Commission has made clear that the workin'g group's technical evaluation of the record to detennine completeness is not to include a judgment on how the evidence should be weighted in resolving serious controversie's.
That judg-ment the Commission has reserved for itself.
The Commission recognizes the participants' concern that the sumary and identification of issues should fairly represent the record.
The Commission believes that the opportunity for participants to comment on the working group's report provides adequate assurance that any significant inaccuracies or biases, whatever their source, will not go unremarked.
Accordingly, the Commission is not persuaded that the working group's use of outside con-sultants poses a threat to the fairness of this proceeding.
The Commission l
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therefore denies motions to the effect that consulting contracts should be wi thdrawn.
It is so ORDERED.
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For the Comm fsion g
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SAMUEL d."HILK Secretary of the Commission
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Dated at '4ashington, DG, H$
this/0 s day of January,1981.
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IT.'ITED STATES OF A1 ERICA NUCLEAR REGULATORY CC DilSSION In the Matter of
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STORAGE AND DISPOSAL OF NUCLEAR WASTE
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PARTS 50, 51
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(Waste Confidence Rulenaking)
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CERTIFICATE OF SERVICE I heretr/ certify that I have this day served the foregoing doce=ent(s) upon each persen designated on the official service list co= piled hy the Offic'e of the Secretary of the Co=ission in this proceeding in accordance with the requirements of Section 2.712 of 10 CFR Part 2 - Rules of Practice, of the Nuclear Regulatory Cc=nission's Rules and Regulations.
Dated at Washington, D.C. this 198 [. [
day of
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Office of tS Secreta'ry of the Co= sion t%D
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter
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STORAGE AND DISPOSAL OF
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Parts 50, 51 NUCLEAR WASTE
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(Waste Confidence Rulemaking)
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s LIST OF PARTICIPANTS Marshall E. Miller, Esq.
David Santee Miller, Esq.
U. S. Nuclear Regulatory Commission 213 Morgan Street, N. W.
Washington, D. C.
20555 Washington, D. C.
20001 Leo Slaggie, Esq.
Mr. Eugene N. Cramer Office of the General Counsel Neighbors for the Environment U. S. Nuclear Regulatory Co= mission 17146 Ridgepark Washington, D. C.
20555 Hacienda Heights, California 21745 Sheldon Trubatch, Esq.
Frank W. Ostrander, Jr., Esq.
Office of the Geraral Counsel AssistinE Attorney General U. S. Nuclear Regulatory Commission State of Oregon Washington, D. C.
20555 500 Pacific Building 520 S. W. Yamhill Karen Cyr Esq.
Portland, Oregon 97204 Rulemaking and Enforcecent Division Office of the Executive Legal Director U. S. Nuclear Regulatory Commission William S. Jordan, III, Esq.
Washington, D. C.
20555 Harmon and Weiss 1725 I Street, N.W., Suite 506 Mr. Regis R. Boyle "E
Division of Waste Y?uagement U.S. Nuclear Regul atory Commission Mr. Marvin Lewis Washington, D.C.
20555 6504 Bradford Terrace Philadelphia, Pennsylvania 191'49 Dr. Terry Lash Dr. Judith Johnsrud Natural Resources Defense Council 433 Orlando Avenue 25 Kearny Street State College, Pennsylvania 16801 San Francisco, California 94108 Ezra I. Bialik, Esq.
Environ = ental Protection Bureau Omer F. Brown, II, Esq.
State of New York U. S. Department of Energy (6A-152)
Two World Trade Center 1000 Independence Avenue, S. W.
New York, New York 10047 Washington, D. C.
20585
d PR-50, 51 Page 2 Keith A. Onsdorff, Esq.
Mr. Michael H. Raudenbush Assistant Deputy Public Advocate T. S. M. Stoller Corporation Division of Public Interest Advocacy 1919 14th Street, Suite 500 l
State of New Jersey Boulder, Colorado 80302 P. O. Box 141 i
Trenton, New Jersey 08625 Dr. William A. Lochstet 119 E. Aaron Drive Mrs. W. M. Schaefer State College, Pennsylvania 16801 3741 Koshler Drive Sheboygon, Wisconsin 53081 Richard P. Wilson, Esq.
Assistant Attorney General Maurice Axeirad, Esq.
State of South Carolina Lowenstein, Newman, Reis, Axelrad 2600 Bull Street t
and Toll Columbia, South Carolina 29201 1025 Connecticut Avenue, N. W.
Washington,-D. C.
20036 Elliot Andalman, Esq.
Andalman, Adelman and Steiner John J. Kearney 224 Second Avenue Senior Vice President Hattisburg, Mississippi 39401 Edison Electric Institute lill-19th Street, N. W.
Harvey S. Price, Esq.
Washington, D. C.
20036 Atomic Industrial Forum, Inc.
7101 Wisconsin Avenue E. Dennis Muchnicki, Esq.
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Washington, D. C.
20014 L
Assistant Attorney General i
l Environmental Law Section Stephen Lewis, Esq.
State of Ohio California Energy Commission 30 East Broad Street, 17th Floor 1111 Howe Avenue, Room 626 1
Columbus, Ohio 43215 Sacramento, California 95825 i
j Jocelyn F. Olson, Esq.
t Marlene E. Senechal, Esq.
Special Assistant Attorneys General j
State of Minnesota 1935 West County Road B2 Carl Valore, Jr.
i scsev11Le, Minnesota 55113 Valore, McAllister, Aron and Westermoreland E. Tupper Kinder, Esq.
Mainland Professional Plaza l
Assistant Attorney General 535 Tilton Road Environmental Protection Division Northfield, New Jersey 08225 State of New Hampshire 4
Office of Attorney General Richard W. Lowerre, Esq.
State House Annex Assistant Attorney General Concord, New Hampshire 03301 Environmental Protection Division i
l State of TeFas
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Dr. James A. Buckham P. O. Box 12548, Capitol Station P.O. Box 347 Austin, Texas 78711 l
Barnwell, South Carolina 29812 i
Mr. Phillip Warburg State of Connecticut 444 North Capitol Street Suite 317 l
Vashington, D.C.
20001'
1 PR-50, 51 Page 3 Mr. Raymond M. Momboisse James P. McGarnery, Jr., Esq.
Pacific Legal Foundation LeBoeuf, Lamb, Leiby and MacRae 1990 M Street, N. W.
1333 New Hampshire Avenue, N. W.
Washington, D. C.
200,
Washington, D. C.
20036 Mr. James Richards
, George Freeman, Jr., Esq.
Capital Legal Foundation Hunton and Williams 1101 17th Street, N. W.
P. O. Box 1535 Washington, D. C.
20036 707 Main Street Richmond, Virginia 23212
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Mr. David Berick Environmental Policy Institute Michael J. Scibinico, II, Esq.
317 Pennsylvaaia Avenue, S. E.
Department of Natural Resoureau Washington, D. C.
20003 State of Maryland Tawes State Office Building Dr. Betram Wolfe Annapolis, Maryland 21401 Vice President and General Manager General Electric Company Richard M. Hluchan, Esq.
175 Curtner Avenue State of New Jersey San Jose, California 95125 36 West State Street Trenton, New Jersey 08625 Mr. Ken Kramer Lone Sear Chapter of the Sierra Club Harry Voigt, Esq.
P. O. Box 1931 LeBoeuf, Lamb, Leiby and MacRae Austin, Texas 78767 1333 New Hampshire Avenue, N. W.
Washington, D. C.
20036 Mr. Robert Halstead Department of Administration Ms. Lcrna Salzman 4
State of Wisconsin Friends of the Earth 1 West Wilson Street 72 Jane Street Madison, Wisconsin 53702 New York, New York 10014 R. Leonard Vance, Esq.
June D. McArtor, Esq.
Anthony J. Gambardella Jr., Esq.
Deputy Attorney General Assistant Attorneys General State of Delaware Commonwealth of Virginia Tacnall Building 725 Madison Building P. O. Box 1401 109 Governor Street Dover, Delaware 19901 Richmond, Virginia 23219 James F. Berger, Esq.
Joseph Gallo, Esq.
Donald R. Bustion, II, Esq.
Isham, Lincoln and Beale Tennessee Valley Authority 1120 Connecticut Avenue, N. W.
Office of the General Counsel Washington, D. C.
20036 400 Commerce Avenue Knoxville, Tennessee 37902 s
Honorable Douglas M. Costle
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Administrator i
U.S. Environmental Protection Agency Washington, D. C.
20460 1
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PR-50, 51-Page 4 Mr. William J. Cahill, Jr.
Mr. George DeBuchananne i-Consolidated Edison Company of New Chief, Office of Radiohydrology
. York, Inc.
U. S. Departmene of Interior 4 Irving Place Geological Survey New York, New York 10003 Reston, Virginia 22092 s
Stanley R. Tupper, Esq.
Mr. Ben C. Rusche, Executive Director Tupper and Bradley South Carolina Energy Research Institute i 102 Townsend Avenue Suite 670 Boothbay Harbor, Maine 04538 First National Bank Building Maine at Washington William Griffin, Esq.
Columbia, South Carolina 29201 t
Office of the Attorney General State of Vermont
'109 - State' Street Michael L. Bardrick, Esq.
Montpelier, Ver=ont 05602 Office of the Attorney General State of Oklahoma Patrick Walsh, Esq.
112 State Capitol i
Wisconsin Department of Justice Oklahoma City, Oklahoma 73105 State of Wisconsin 114 East, State Capitol Honorable Robert:M. Lindholm gJ Madison, Wisconsin 53702 Assistant Attorney General l~
Jefferson City, Missouri 65102 R. Leonard Vance, Esq.
Office of the Attorney General Honorable Richard Troy Co==onwealth of Virginia Assistant Attorney General Suprece Court Building Department of Justice 1101 East Broad Street-State of Louisiana Richmond, Virginia 23219 234 Loyola Building, 79th Floor l
New Orleans, Louisiana 70112 Mr. John O'Neill, II j
Route 2, Box 44 Maple City', Michigan 49664 Mary Jo Murray, Esq.
Assistant Attorney General Mr. Ashton J. O'Donnell State of Illinois i
Bechtel National, Inc.
188 West Randolph Street P. O. Box 3965 Suite 2315 San Francisco, California 94119 Chicago, Illinois 60601 Mr. Ralph Stein
. Honorable Francis S. Wright Office of Nuclear Waste Management
' Assistant Attorney General Mail Stop B107 Environmental Protection Division U. S. Department of Energy Commonwealth of Massachusetts p
Washington, D. C.
20545 One Ashburton Place, 19th Floor Boston, Massachusetts 02108 Mr. M. A. Glora Site Qualification and Licensing Laurence K. Lau, Esq.
Department Deputy Attorney General Office of Nuclear Waste Isolation-Hawaii State Capitol, Room 405 U. S. Department of Energy 415 South Beretania Street 505 King Avenue Honolulu, Hawaii 96813 Columbus, Ohio '43201.
May 28, 1980
PR-50, 51 Page 5 Joseph B. Knotts, Jr., Esq.
Debevoise and Liberman 120017th Street, N. W.
Washington, D. C.
20036 Kathleen M. Falk, Esq.
General Counsel Wisconsin's Environmental Decade, Inc.
302 East Washington Avenue, Suite 205 Madison, Wisconsin 53703 i
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