ML19344A385
| ML19344A385 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 08/15/1980 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-SP, NUDOCS 8008200050 | |
| Download: ML19344A385 (3) | |
Text
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UNITED STATES OF AMERICA NUCLEAR REGULATORY CCMMISSION g#
(b COMMISSIONERS:
D John F. Ahearne, Chairman
{
'3 Victor Gilinsky AUG 15 G80
- Joseph M. Hendrie g:
Peter A. Bradford c;nn otesSxxh1 }
W.katin: L Smi2 inh. g 6
N O
)
In the Matter of
)
)
METROPOLITAN EDISON COMPANY
)
Docket No. 50-289
)
(Restart)
(Three Mile Island Nuclear
)
Station, Unit No. 1)
)
)
MEMORANDUM AND ORDER On August 8, 1980, the Atomic Safety and Licensing Board in this proceeding certified to the Commission the question of whether the Board can arrange for procedural assistance, particularly free transcripts, to intervenors in the proceeding.
The Board noted that the recently adopted Commission rules, 10 C.F.R.
SS 2.708(d), 2.712(f) and 2.750(c), see 45 Fed. Reg. 49535 (July 25, 1980), apply only to an " adjudicatory proceeding on an application for a license or an amendment the reto ", and concluded that because the re-start proceeding does not f all within this terminology, the Doard was without authority to provide.the kind of procedural assistance allowed by the new rules.
Accordingly, the Board asked the Commission to extend the rules.
DSOL S u o 82 0 0050 JB
/
._=
l l
l 2
l The Board has presented compelling reasons to permit procedural assistance in the particular circumstances of this proceeding.
1 Procedural assistance of the type allowed by the new rules should
[
]
(1) avoid inconvenience to Board members and resultant inefficiency when the members lend transcripts to intervenors who cannot I
afford to purchase them; (2) assist the Board in limiting cross-7 examination to efficient and productive non-repetitive questioning, t
i which the Board believes could better be done if intervenors had transcripts (which are "fundmental tools ured in effective cross-examination", according to the Board); (3) improve the quality of direct and cross-examination by informed examiners who can rely upon transcripts; (4) avoid delay and inaccuracies in the filing i
of proposed findings of fact and conclusions of law, which the Board thought might well result if intervenors do not have access to transcripts; (5) promots the Board's resolution of mandatory issues in the proceeding if all participating parties are equipped t
with the fundmental litigation tools, particularly transcripts.
i l
All these factors merit special consideration in this proceeding, where the Commission has made special efforts to expedite the proceeding.
Significantly, with regard to proceeding transcripts, the Board was unable to identify any disadvantage to parties in the proceeding if such assistance were to be provided to intervenors.
i It felt that rather than cause delay, access to transcripts by l
intervenors would allow the Board to expedite the proceeding.
As the Board said:
s 3
With a shorter hearing and record, with greater efficiency in preparing findi: gs and the initial decisien
=uch if not all cf the ecs: cf providinc.
a transcripts will be recovered.
Acccrdingly, we will grant the 3 card's request and give it authority in this case to undertake the forms of precedural assistance autherired by the new Cc=sission rules.
It is sc 0F.DEFID.
I i
Forphe Cc:.issien
/775!1LJ) ll y
/'~ SAMUEL J. CEILK Secretary ef' the Cennission Oated at W4shingten, D.C.
/ C-this J
day August 1950.