ML19344A725
| ML19344A725 | |
| Person / Time | |
|---|---|
| Site: | 05000376 |
| Issue date: | 08/19/1980 |
| From: | Cole R, Linenberger G, Wolfe S Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| ALAB-605, ISSUANCES-CP, LBP-80-15, NUDOCS 8008220069 | |
| Download: ML19344A725 (6) | |
Text
Tills DOCUMENT CONTAINS POOR QUAUTY PAGES
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UNITED STATES OF AMERICA NUCEAR REGUIMORY (XMfISSION
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,'p THE AInfIC SAFEIY AND LICENSING BOARD 3
- d Sheldon J. Wolfe, Esquire, Chairman
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Dr. Richard F. Cole, Menter c
Gustsve A. Linenberger, Jr., Member In the Matter of
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PUERIO RICD ELECIRIC POWER AUIHORIIY )
Docket No. 50-376 CP
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(North Coast Nuclear Plant, U'd.t 1)
)
r ORDER (August 19, 1980)
In a Memorandtzn and Order, AIM-605,12 NRC (August 11,1980), the Appeal Board partially reversed and remanded our Order, LBP-80-15,11 NRC 765 (1980). Accordingly, we issue the instant Order.
In that credibility may be a factor to be weighed by this Board, we intend to conduct an evidentiary hearing on the issue of whether Applicant has abandoned any intention to build the North Coast Nuclear Plant, Lhit 1.
Within thirty (30) days after service of this Order, the parties shall, if deemed necessary, initiate and cocplete discovery procedures pursuant to the provisions of 10 C.F.R. 89 2.740, 2.740a, 2.740b, 2.741, and 2.742, and, within fifteen (15) days after the service of a request for discovery, the party upon whom a request for discovery is served shall respond.-1/
Inascuch as there is only a single issue to be tried and in order to expeditiously resolve the issue and to avoid undue expense, absent a request by any party, the Board does not intend to hold a a 2.752 prehearing conference.
1/ The times for responses set forth in the cited sections of our Rules of Practice are thus extended or shortened by the Board pursuant to a 2.711(a).
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i Instead, within thirty (30) days after the empletion of discovery procedures, the parties shall t:enfer informally in an effott to agree upon stipulations of fact, upon the admissibility of docinants and upon the setting of a hearing schedule. The parties also shall identify the witnesses who will be called to testify. In this regard, the Board requc. cts that, among any other witnesses to be called, Applicant will present an official of the Puerto Rico Electric i
Power Authority who can speak for the Authority regarding the instant project.
After the expiration of the thirty (30) day period, the parties shall i
prouptly notify the Board as to the results of these infomal conferences, j
and advise whether they wish to file prepared written testimony or to have l
their witnesses testify orally. Thereafter, the Board will fix a date for the beginning of the ev4danHey hearing.
Pursuant to 88 2.731 and 2.732, the Intervenors have the burden of proof
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and will open and close the evidentiary hearing.
j Finally, it should be noted that effective July 25,1980, 88 2.708(d),
2.712 and 2.750 of our Rules of Practice have been amended to provide a one-year pilot program of psvcedural assistance in certain adjudicatory pro-ceedings. A copy of 45 Federal Register 49535 (July 25,1980) is attached l
hereto. Mr. Gonzalo Fernos may request for himself, as the representative 1
i of the Intervenors, the procedural assistance provided for in 88 2.712 and j
2.750,~as amended. Section 2.708(d), as amended, automatically applies to all parties and the procedural assistance provided tnerein need not be
. requested.
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i TIE AltNIC SAFE 1Y AND LICENSING BOARD b
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Yw on CEstave'A. Linenbergdr, Jr.,
M*_.r 1
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L Fr. Richard F. Gle, Member k
lON Sheldon v. g.fe, Esquire, Chai w..
Dated at Bethesda, Maryland this 19th day of August,1980.
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I Federal Rep.ister / Vol. 45. No.145 / Friday July 25.19E0 / Rul:s cnd Regulations
- 49535 action is taken as a result of an days prior to the anniversary date of the to reduce cost burdens for parties in I
cdministrative decision.
note.
Commisson adjudicalory licensing proceedings on applications for licenses erracTrvt caTE: July 25.1980.
FOR rusrTNUt twFOmt4AT10N COMTACTt WNt A (De4eted) proposals were considered in the C:c.l O. Opstad. Farm Real Estate Loan Nota 11ns docmnent has been reviewed context of the S-3 rulemaking on the r
Division. Farmers Home Administration-in mrde wd 7 CFR Parm Subpd g%y49mm" l
UF'JA.14th and Independence Avenos..
C. "Envimamental impact Stataments." It is I._ _ 13* 19~7). 43 FR 6915 (April 14.
l SW. We shington. DC 20:50. Telephone:
the determmation of FmHA that the proposed (202) 447-4S72.
ection does not cortstatute a major Federal 1978), and 44 FR 45362 ( August 12.1979).
The FinalImpac1 Statement action segnirr.nt!y affectmg the quality of From that proceeding the Commission describing the options considered in. #
human -
-.11 and in acx:ardance wuh _; boped to gain specific experience with e d;v:Joping this final rule and the impact the Natwnal Eavironmental Polacy Act of providing free service of documents and 1969. Pub. I. 91-tm an Ennronmental Impact free trecripts and to use the i
ef implementing each option is available S l' **"' **" '*9 ad.
experience to develop generalpolicy i.k.
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cn request frtun the Ocice of the Chief.
17 Usr.2sso delegation of authority by the with respect to adjudicatory.
Directives Management Branch. Fanners f
Home administration. Room 6 A6 South
,hd'I]*
Eligibility for NR'C Procedural s.
-r proceedings.
g Apiculture Building.14th and y -, - - Development.7 CFR 7.m) g Indy_ndena Avenue.SW.;.,
I Wcs mgton. DC 20.'.50.
Dated: Jane:n.2sso...
Assistance u
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ed a Canoeugin.
One alternatin with respect to. "-
CUPPLEMDfTAM DeFORstADO*C This -
QA Jnnen Hm"e :
procedural assistance is to pmvideif to I
final action has been reviewed under -
full participants. Le., parties, who submit It *
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tMDA p-ocedures established in *- '
I" D" "" """ " ** "d an affidavit to the Hearing Board Secretarfs Memorandum 1955 to stating. with brief factual support.that implement Executive Order 2:044. and<~
hcs been classified "not sipziScant".-
their ability to participate would be
- This action will save time and redus " NUCLE k RkCUI.ATORY significantly impaired without this (
assistance. Und.r this altemative the paperwork. If the nMhit we:e to st yin-COWN Commission would have had to provi_de the Federal Re ;' ster.each time the the Boards and parties with some interest rate chang-d it would be..
- 10 CFR Part2
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necen.ery to b ing this exhibit up-to..
guidance as to who would ordinarily. 7..,
r-data. Removing this exhibit and maldag Procedural Asdsta.ein Adjudicatory qualify for assistance under this 4..
standard. However, effering procedural.
it c5 aucble in any FmHA oSice is the Licensing Proceed gs assistance to allintervenors without most p o=pt way to provide information Ac cecv:US.Naclear Regulatory qualification might offer enough savings.'
on inten-st rata changes.
ne Farmers Home Administration.,
Commaion (NRC).,
from not having to decide who was,. '
ACDoec ifective mle.
qualified to receive assistance, to be amends the Table of Contents and
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section 195L:5(aX:) and deletes MNt worth the extra expense of assisting a suunuuty:NRCis amending its few additional intervenors. On the oth'er.
A f.mm Subpart A. part 1951. CLapter regulations in order to provide a one-hand,it is Incongnicus to charge an.
XVin. Title 7 in the Code of Federal
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year pilot pmgram of pmcedural applicant from $50.000 to $1 million for..
Reph tic ns.
Anne = m adjudicatory proceedings processing an application, and then to
It is the policy of this Department th,.
ruhs relating to public property. le s.
on applications for beenses and offer it a free transc:ipt. worth on the g=nts, beefits, or contracts sh<.: be amendments thereto, except for antitrust order of $1,000.
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published for comment notwit? standing pmceedings, to parties other than the On balance, the Commissio'n has the cu=ption in 5 U.S C. 553 p applicant by (a) upon a party s request, decided that the better alternative is to respect to such rules. This action, providing one transenpt without charge provide procedural assistance to all however. is not published for pmposal to that party and (b) upon a party e parties other than an applicant in rulemaking since the purpose of the request. copying and serving without.
adjudicatory proceedings on chznge is administrative in nature and charge that party's testimony (includm.g app! cations for licenses and attachments), pmposed findings of fact arnendments thereto.
pubhcation for comment is unnecessary. and conclusions oflaw. and responses Therefore, the Tahie of Contents and 1195t.25(a)(21 are amended and Exhibit to discoverey requests. In addition. the NRC Provision of Free Transcripts A is deleted ai follows:
regulations are amended to require that Transenpts are usually expensive.
parties, including an appbcant, file with especially when fast copy is requested. '
g NRC an original plus two copies of each A typical trar.senpt for one day of a than an proceedmg runs about 200 pages. The Erhibit A-.-( Available in any FmHA OfLcel n
1and ty p.
ongmal of such a transcnpt, provided McME Dam July CS.1980.
the next mor:ung. costs about $1.000.
[ # 51.25 Rewew of tJrruted Resources Fon mamst womaAAT1oM CONTACT:
supplementary copies cost about $100.
Thomas F.Dorian. Esq. OfDee of the In the S-3 pmceeding. transcnpts were (a) Etequem y of reviews.
Executive legal Director. US. Nuclear requested by most public mterest (3 ) * *
- Regulatory Coesion. Washington.
g oups. industry representatsves and
(:) ne interest rate on FO loans will D.C. 20555 [ Telephone: (301)-492-8690).
utilities.The pnnc2 pal conclusion that be inansed in acrordance with the strwt.Ewo< Tam waoauaTioec in order can be drawn fruct that proceeding is Scheda in Exhibit A of this Subpart to help parties assist the Commission m almost self-evident. namely, that NRC's (cycil.ble in any FmHA ofLee.) he arnving at its decisions, thdommission offer to provide an expensive service lo ns will then be reviewed at least on several occasions over the past (transcnpts)is attract 2ve to most parties.
once every two years. approximately 60 several years has considered proposals These parties. in tum. can better assist l
e
19.'i3 G l'ederal Rntister / Vol.15. No.145 / l riday. Inly 25.1mo / Rules i.nd Regulations the Commission in arriving at its Cummission. Concern had been program of free copying und eenice.
decisions.
expressed that fiee service would Copying and service hase been 3
There is no reason why free encourage abuses in the form of requested by interrenors in a number of transcripts could not be made available overlong. unedited or unnecessary instances and the value of the in adjudications to parties, other than filings. In general, for those who assistance, both to intervenors and the
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the applicant, at the same time an4 ultimately requested copying und quality of Commission decisionmaking, j
location as they are made available to service. there were no sign ficant may be worth the modest delay entailed.
the NRC staff. lf transcripts are mailed differences in length or frequency A one. year pilot program would allow to the staff.they would also be mailed to between filings copied and served by NRC to obtain information on this effort inten enors. This service could replace the parties themselves and those copied and on any problems such a program present practice where members of the and served by NRC at a party's request.
may present, as well as answer whether j
4 staff or the Licensmg Board frequently This experience suggests that a NRC copying and service of testimony is lend an intenenor an extra copy of the program of free NRC copying and an incentive to timely filing.
trer. script. although on a necessarily service is not likely to be abused.The Filing of 20 Copies with the Commission irreplar basis.Transenpts are Commission does not wish to assume particularly important to the many this responsibility for all classes of Parties in licensing proceedings. under inton eners who attempt to make their documents. since this would create 10 CFR :Joa(d), file or serve documents cases en cross. examination.
substantial delay. It has. however, as follows: the original and 20 copics Therefore, the Commission has identified several categories of with the Commi*sion, and one cop 3 on decided to in tiate a one.3 ear pilot documents which are bulky. but do not each party and on members of the pregram to proside free transcripts on arise frequently. Their service by the hearing panelin question.The 20 copies the lasis preuously described.
Commission would thus relieve parties filed with Docket;ng end Service are for Licensing Bo.rds will have the of a substan941 burden without the Commission's convenience for dii.c:= tion to control the distribution of introducing substantial delay. These internal inform ational distribution: the in nnripts to parties-for esample. to categories are:(1) testimony (including apprepriate Daard and the parties are hmit d.stribution to some but not all of a attachments). (2) proposed findings of sen ed Sepmtaly.
cera:!ida ted group ofinten enors, or to fact and conclusions oflaw, and (3)
These 20 copics are not adequate for cr.') those phases of a hearing in which responses to discovery requests. In internal NRC distribution needs. In a-insn onor mtends to participate.
r elative terms. service of these practice. Docketing and Service documents need not be as rapid as items distributes some copies upon receipt;
. RC prom..on of Free Copying and such as briefs or motions. A rough look making additional copies creates a time at filings in licensing proceedings, lag of up to several days. Since the Most !!renseg proceedin;5 produce indicates that these documents tend to copies Docketing and Service sends out dwens of fdmps. It should be noted that.
be relatisely bulky. Also, documents are informational. the Commission f:c ;urntly, parties in complex containing testimony and exhibits perceives no tight time constraint on procerin;s routinely sen e more people contain substantis e contentions and are.
internalinformation distribution the tbn niveuary. Particular!y in those in effect the " essence" of NRC normal time lag necessary to a!!ow NPC to do all cop 3 ng of internal distribution pnmeedin;s in which certain aspects of proceedings. By procerwing them.NRC i
an issue hase been heard before all would be cepying and serving a docurnents would not cause h s els of NRC adjudicatory boards, substantial amot.nt of the number of incons enience. Therefore. the parties tend to compile service lists pages filed, a service which would have Commission has decided that all parties.
which reflect the entire history of the high payoffin terms of reducing costs to including applicants need file with the proceeding. rather than being tailored to intervenors, without substantially Commission only an original and two the particular paper bemg filed. Random impeding the progress of the copies: the original would go to the chek 5 of semce hsts show that this adjudicatory process.
docket file, one copy wnuld go directly u rt cf error accounts for hetween 3 and Copying and service of these to the Public Document Room. and the Wr. co;nes made and distributed.
documents by the commission may other copy would be used for T1 s Cmrission wishes to emphasize cause some iery small delay in the reproduction.
th..I pities should be aware that hearing process. A hcensing proceeding Antitrust Proceedings n rae is reqtared only on the may requPe several rounds of testimony C.m:rs.on or une pertinent and an opportumty ta file proposed NRC will not provide free transcripts
- icater) board and the porties, and findings of fact and conclusions oflaw.
and free copying and service in nntitrust
" t part.es endeasonng to hold down (Responses to discovery requests are proceedings.The studies of filings have r costs should carefully monitor their also filed, but not on a tight time been confined to health. safery, and st m ee hsts.
schedule.)
endronmental licensing proceedings.
In Duember 19M. the Commission At least five days would be required While the Commission believes that the m.thorized the Docketing and Service for each set of documents to reach the changes would substantially assist thench to c'en.nd serve submissions in Commission and be copied cnd rnailed intencnors in those proceedings without h S-3 proce-amg.if requested to do so to the parties and board rncmbers.
introd.::ing substantial delay. it dnes b3 parties to the proceeding. Each party Therefore. the rule prov: des that not know whether these conclusions can ret;uestmg this assistance served an documents filed with Dotketmg and be estended to antitrust proceedinps or:ginal and two copies on NRC. Others Service in the three rategrnes There rnay be. in fact. substcntial fc!:cwed normal procedures, namely, previous!v descr2ed shnu!d be f;!cd not d.fierences in the estent and gencr.1 senice on other parties and an original less than'fne dc3 s before the date St buti of discoscry between the tu o kin 6 p:Ls 20 cop:es on NRC.
which they are s;.bm:tted to an of precetings. In addition. the The results show that the availability adjudicatory board unle,s the presM ng Cornmission does not know whether d free copymg and service had no officer prendes otherwise.
parties in antitrust proceed =ps are d:m:n6!e amnact on the length or On balance, the Cctmmwon has hicly to need such assistance as frrwency cf fam;s with the decided to undertair a one > car p:!ot interrenors in health. safety. and s
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.%Ieral Register / Vol. 45. No.145 / Friday july 25.19n0 / Rules and Regulations 19537
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The national bank supervisory license or an amendment thercio the process, together with the internal environmental proceedings.
Consequently, the Commissinn will presiding officer may arrange for
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administration of the Office.have investigate this area funner before provision of one free transcript to a undergone significant change since party, other than the applicant, upon section 4.13 was last comprehensively
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making any changes.
Because these amendments relgte request by that party.The transcript will solely to agency procedbre and practice. be made available to a party at the same reviewed in 197 the Commission has found that good time and location as it is made available of the forms previously used have fa!!en cause esists for omitting notice of to the NRC staff. If a transcript is mailed into disuse or have been found to be of proposed rulemaking. and public to the staff. it will also be mailed to the negligible value to the Office. Similarly, a number of new forms hav' been procedure thereon. as unnecessary, and requesting party. A presiding officer has adopted to accommodate new statutory i
i for m6 king the amendments effective the discretion to control the distribution requirements.and supervisory needs.
immediately without the customary 30 of transcripts to parties.
DRAFTING INFORM ATION:The principal days notice.
(Sec. tesp., Pub. L 83-703. as amended. 68 drafter of this document was Jonathan L Pursuant to the Atomic Energy Act of Stat.94sp., as amended (42 U.S.C. :201p))
Levin Senior Attorney. Office of the 3
1954. as amended, the Energy Dated at Washmgton. D C. this 21st day of Comptroller of the Currency.
Reorganization Act of1974. as amended.
July.1980.
and sections 552 and 553 of Title 5 of the For the Nuc! car Regulatory Commission.
(12 U.S.C. { 1. et seet 12 U S C. sJa: 5 U.S C.
er n
55:1 United States Code. the fo!!owing Samuel 1. Chi L.
amendments to Title 10. Ch6pter 1 Code Secreten vite Commissmn.
Adoption of Amendment:
of Federal Regulations.Part 2 is e o~ *-=n re.:m us."'
12 CFR 4.13 is amended to read as published as a document subject to e e s coot n +4i.u codification.
PART 2-RULES OF PRACTICE FOR
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g 4.13 Forms and instructions.
DO!.'.ESTIC t ICEN5tNG PROCEEDINGS DEPARTP.*ENT OF THE TREASURY (a) Ncmbered forers. The folloning numbered forms of the Office of the
- 1. Section 1703(d)is amended to read: Otfice of the Comptroller of the Comptroller of the Currency are
{ 2.7t,8 Fortrai re qsa ments for Currency curicntly in use:
CC 14 LOX: Officers Direct and Indirect
)
12 CFF; Part 4 14btedne,s and/or other Banks CC M: -OX Lhenal Dank Esammer's Seal (d) Escept at otb rwire p*osided by (Docket No. t:-41 CC u:4-OX; A,*ets to be Charpd Off by e
this pait or by order, a pleadmg (or N*tienalIL.nk Euminer other documenti < der than Description of Otfice, Procedures.
CC um Combd NoHs of correspondence shall be filed m. an Public Information; Forms and Eu minahon CC H25-CL: Esaminers Check!!st for original and tuo ccnformed copies.2. Section 1712 is amended by adding gnstruct.ions NX:C..
po e f a new paragraph (f) as follows:
A cE'Ncy: Office of the Comptroller of the CC1
- C Currency.
Eummation CC14:5-OX. Report of Eu min.unn
'I
[ 2.712 Service of papers, methods, proof.
ACTou: Final rule.
CC 1426-OX: Confidential %munim to (f) Free copying and service. E.xcept in sueuARY:This amendment revises 12 the Cornptroller of the Currency CC M27-OX; Voluntary Charge. Offs of g
an antitrust proceeding. in any CFR 4.13. the regulation which identifies Instalment Loans adjudicatory proceeding on an all forms used by the Office of the CC 14:s-OX: Report of visitation application for a license or an
- Comptreller of the Currency (" Office").
H30-& Repod of Eu nino00n--
orntedmt nt 'ht reto, the Commission.
The purpese cf the amendment is to L.pon request by a party other than the update the off ciallist of forms to reflect CC 1 4 ort'of the Conditmn / fr r apphcant, wi!! copy and serve without deletions and additions made in recent Trust Department CC 1450-OX: Electronic Data Processmg cost to that party that party's testimony years.
Exammation Report pn3.ud:ng attachments). proposed..nw ngs of fact and conclusions oflaw, FOR FURTHER INFORMATION CONTACT.
CC 1457-OX: Report of National Bank 1
EFFECTIVE o ATE: July 25.1980' CC 1451-OX: Biographical Data Wori Shs et and respenses to d:scos ery requests.
These documents should be filed with Jonathan L Levin. Senior Attorney.
Faaminer for Week Endmg Office of the Comptroller of the CC 1485-OX: Investment Sheet (Trust Dociet.nc ard Senice not less than five Currency. 490 L' Enfant Plaza East.S.W CC 16no-AX: Esaminer s Credit Lmr Sheet Department) days belare they are due to be Washington. D.C. 20219. Telephone:
CC 1tel-OX. Personal. Farm or Ranch submitted to an adjudicatory board.
unless the ges-ding officer provides (202) 447-1177.
SUPPLEMENT ARY INFORL' ATloN:This hh$$Nnc$sN,"c$i g1cm I
N f
othenvise '
- 3. Secucn 1750 is amended by adding amendment conforms to the req.m ement a new paragraph (c) as follows:
of 5 U.S C. 550 that each agenr3 publish CC 1%OX: Fiscal Interins
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in the Federal Rc;;ister descriptiqns of CC 1%CX: Real Estate htortgage CC 1r.05-OX-Consumer Fmance Indiret: Lee an
{ 2.750 Otf dal reporter; tr'anscript.
agency forms and instructions w ruch are CC 1GSOX. Censumer Fmance -P s: D e availab!c to, and rnav be obtainc 3 by (c) Free transcript: Except in an the pub'ic.The amen'dment resiscs -
Loans CC ite-OX: F;le Ccmments. Trade antitrust proceeding. in any adjudicatory thnse pMtions of n CFR 4.13 wha.h hst Cbeckmg. Credit Investigations Au r.p proceedm; en an application for a the numbered and unnumbered forms Balances. etc.
u ed by the Office. Also, the Cr (".ca-OX. Bonds-Description u
t
' Tm pre-;F ea!! be in effect for one 3 ear pmend nent provides more specific CC 2fm-OX: Coi:ateral Sheet fe. ).y. n S 7. Ac s ecended b> the mformation for obtaining copies of CC 161o-OX. Direct Iease Fmancing CC 1611-OX; Co!!ateral L:ne Slip cs-- o e v :e of an cuension.n arnar m Office forms.
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