ML19341C276
| ML19341C276 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 02/25/1981 |
| From: | Bishop C Atomic Safety and Licensing Board Panel |
| To: | Leithauser J AFFILIATION NOT ASSIGNED |
| References | |
| ISSUANCES-OLA, NUDOCS 8103020592 | |
| Download: ML19341C276 (4) | |
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UNITED STATES OF AMERICA E32 a lYI)
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NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD Q
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inistrative Judges:
N DCCKEED
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Thomas S. Moore, Chairman asspc
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{g'1j{ Offi-2 0 68I >
jf Dr. John H. Buck "D
Christine N.
Kohl ce of :. e Oecata.7 1
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In the-Matter of q,
g p CONSUMERS POWER COMPANY
) Docket No. 50-155 OLA
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(Big Ro'ck Point Nuclear Plant)
) (Spent Fuel Pool Expansion)
)
ORDER February 25, 1981 We recently received Mr. John Leithauser's undated
" Request for Transcript" of the January 9, 1981, oral argument we held in this case.
We cannot accommodate this request for the following reasons.
1.
On July 25, 1980, the Commission established "a one-year pilot program of procedural assistance in adjudica-tory proceedings on applications for licenses and amendments thereto.
In furtherance of this program, the Commission added a new subsection (c) to 10 l
C.F.R.
2.750 of the Rules of Practice, authorizing (except in antitrust proceedings) the supplying "of one free transcript l
to a party, other than the applicant, upon request by that l
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party."
Id. at 49537.
On December 3, 1980, however, the Comptroller General of the United States issued a letter decision (Opinion No. B-200585) in which he concluded that certain portions of the procedural assistance program, including that embodied in 10 C.F.R.
- 2. 750 (c),
were precluded by Section 502 of the Energy and Water Development Appropriations Act for FY 1981, Pub.
L. No.96-367, 94 Stat. 1331,
_2/
1345.
Chairman Ahearne immediately suspended the free transcript.
program, pending further direction from the Commission.
See Houston Lichtina & Power Co. '(Allens Creek Nuclear Generating Station, Unit No. 1), ALAB-625, __ NRC __,__ (January 5, 1981)
(slip opinion, p.
2).
On February 19, 1981, the Commission formally ratified the Chairman's action suspending this aspect of the procedural assistance program.
46 Fed. Reg. __ (February 24, 1981).
Under these circumstances, we cannot provide Mr. Leithauser with the transcript he seeks.
_1/
Although Mr. Leithauser does not specifically request a
" free" transcript or refer to the procedural assistance program, we assume his request is made pursuant thereto.
_2/
That Act contains the NRC appropriation for FY 1981.
Section 502 provides that:
s None of the funds in this Act shall be used to pay the expenses of, or otherwise compensate, parties intervening in regulatory or adjudicatory proceedings funded in this Act.
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1 2.
Even if this part of the procedural assistance program were still in effect, Mr. Leithauser would nct be entitled to a free transcript.
That program was explicitly limited to parties, a status Mr. Leithauser does not enjoy in this case.
The Licensing Board denied Mr. Leithauser's petition to intervene over a year ago.
LBP-80-4, 11 NRC 117, i
123 (1980).
He did not seek reconsideration of or appeal this ruling.
The Licensing Board, however, did grant Mr.
Leithauser leave to brief a NEPA issue the Board was to con-sider further.
Id. at 133.
Now that that issue is before us on referral, we similarly have accept ed his brief (in the absence of any objections), ' but without implying or affording him party status.
Mr. Leithauser therefore is not a " party" to this proceeding and thus would not in any case be entitled
.to a free transcript.
3..
We take this opportunity to point out, as we did in Allens Creek, supra at __(. slip opinion at 51, that Mr.
Leithauser has other means by which to obtain access to the January 9, transcript.
A copy should be available for inspection in the' local'public document room for the Big Rock proceeding, located at the Public Library, 107 Clinton Street, Charlevoix,
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Michigan, apparently-in the vicinity of Mr. Leithauser's home
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in Levering.
He can also purchase a copy from Alderson l
Reporting Company, Inc., 400 Virginia Avenue, S. W.,
Washington, u
D.
C.
20024.
Request for transcript denied.
t It is so ORDERED.
FOR THE APPEAL BOARD 1
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A -3 C. Jegn Bishop T
3 Secretary to the Appeal Board i
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