ML19344E843
| ML19344E843 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 09/10/1980 |
| From: | Singer L NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-SP, NUDOCS 8009110791 | |
| Download: ML19344E843 (5) | |
Text
-
STAFF 9/10/80 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
METROPOLITAN EDIS0N COMPANY, Docket No. 50-289 ET AL.
(Three Mile Island Nuclear Station,
)
Unit No. 1)
)
NRC STAFF's ANSWER TO REQUEST OF ECNP INTERVENORS TO NRC FOR THE PROVISION OF FREE TRANSCRIPTS Introduction On August 22, 1980, ECNP filed its " Request of ECNP Intervenors to NRC for the Provision of Free Tra.nscripts." Citing the Federal Register Notice of the amendment to 10 C.F.R. 5 2.750 of the Commission's regulations that became effective on July 25, 1980,1/ ECNP requests that it be provided with a "... copy of the transcripts of all prehearing conferences held thus far in this proceeding, as well as a copy of the transcripts of all sessions of the evidentiary hearings and any subsequent appeal hearings that lie ahead."
Discussion Having received a similar request from another party to this proceeding, I in anticipation of future similar requests and in view of the fact that 1/ 45 Fed. Reg. 49535-49537 (July 25, 1980).
-2/ Intervenor Steven C. Sholly Motion to Bcard for Routine Free Distribution of Hearing Transcripts Pursuant to Notice, 45 F.R. 49535-49537, dated July 30, 1980. S_ee also NRC Staff's Answer to Intervenor Sholly's Motion for Free Copies of Transcripts, dated August 8, 1980.
80099,07p/
(7 1
. the recent immediately effective rule entitled, " Procedural Assistance in Adjudicatory Licensing Proceedings," 45 Fed. Reg. 49535 (July 25,1980), is not explicitly applicable to the TMI-l license-suspension proceeding, the Licensing Board certified to the Commission its request that the newly amended rule be extended to this proceeding.3/
In a Memorandum and Order dated August 15, 1980, the Commission authorized, inter alia, the Licensing Board to supply a free transcript to intervenors pursuant to 10 C.F.R. 5 2.750, as amended.
The addition to 10 C.F.R. 52.750, namely 10 C.F.R. 52.750(c), is specific and limited in its applicability. Although application of the new rule to this pro-ceeding pursuant to the Commission's August 15, 1980 ruling gives the Licensing Board the discretion to control the distribution of transcripts to the parties, it does not empower the Licensing Board to provide a copy of the transcript of those sessions of the proceeding that occu. red prior to the effective date of the rule. The purpose of tre rule is to provide a one-year pilot p,rogram of procedural assistance to irtervenors in specific types of proceedings in order to er.able the Commission to assess the cost and benefits of such assistance. Unless it is extended by che Commission, the rule will be in effect for only one year beginning on July 25,1980.S/ This amendment does not have retroactive application.
3/ Certification to the Commission (August 8,1980).
-4/ Footnote 1. dealing with the period of effectiveness of the new rule, was inadvertently now shown in the Fed. Reg. notice dated July 25, 1980 to be applicable to the amendment to 10 C.F.R. 52.750. A correction appeared at 45 Fed. Reg. 54725 (August 18,1980).
0 3-Aside from this limitation and in light of the Cemnission's August 15, 1980 Memorandum and Order, supra, the Staff has no objection to ECNP's request for a free copy of restart-hearing transcripts datino from July 25, 1980 as this Licensing Board, in its discretion, may wish to provide.
Conclusion For the reasons set forth above, the Staff has no objection to ECNP's request L
for transcripts insofar as the request applies to transcripts of TMI-1 restart proceedings taking place during the one-year period commencing on July 25, 1980.
The Licensing Board, however, is not empowered to provide free transcripts for proceedings that do not fall within that time period.
Respectfully subnitted, j b0 b'. -b-l '/C $
/
Lisa N. Singer Counsel for NRC Staff Dated at Bethesda, Maryland this 10th day of September,1980 s
F
m B
UNITED STATES 'F AMERICA NUCLEAR REGULAT0n C0f1 MISSION BEFORE THE ATOMIC SAFETf AND LICENSING BOARD In +5e Matter of
)
)
METdOPOLITAN EDIS0N COMPANY,
)
(Three Mile Island, Unit 1)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S ANSWER TO REQUEST OF ECNP INTERVENORS TO NRC FOR THE PROVISION OF FREE TRANSCRIPTS," dated September 10, 1980, in the above-captioned proceeding, have been served on the following, by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 10th day of September,1980:
- Ivan W. Smith, Esq.
Mr. Steven C. Sholly Atomic Safety & Licensing Board Panel 304 South Market Street U.S. Nuclear Regulatory Commission Mechanicsburg, Pennsylvania 17055 Washington, D.C.
20555 Mr. Thomas Gerusky Dr. Walter H. Jordan Bureau of Radiation Protection 881 W. Outer Drive Dept. of Environmental Resources Oak Ridge, Tennessee 37830 P.O. Box 2063 Harrisburg. Pennsylvania 17120 Dr. Linda W. Little l
5000 Hermitage Drive Mr. Harvin I. Lcwis Raleigh, North Cuolina 27612 6504 Bradford Terrace Philadelphia, Pennsylvania 19149 George F. Trowbridge, Esq.
Shaw, Pittmen, Potts & Trowbridge Metropolitan Edison Company t
1800 M Street, N.W.
ATTN:
J.G. Herbein, Vice President i
Washington, D.C.
20006 P.O. Bn 542 Readi g, Pennsylvania 19603 l
li Karin W. Carter, Esq.
i I
505 Executive House hs. Jane Lee P. O. Box 2357 R.D. 3; Box 3521
[
Harrisburg, Pennsylvania 17120 Etters, Pennsylvania 17319 Honorable Mark Cohen Walter W. Cohen, Consumer Advocate S12 D-3 Main Capital Building Department of Justice Harrisburg, Pennsylvania 17120 Strawberry Square,14th Floor
(
Harrisburg, Pennsylvania 17127
Q 4 "
Allen R. Carter, Chairman John Levin, Esq.
Joint Legislative Committee on Energy Pennsylvania Public Utilities Comm.
Post Office Box 142 Box 3265 Suite 513 Harrisburg, Pennsylvania 17120 Senate Gressette Building Columbia, South Carolina 29202 Jordan D. Cunningham, Esq.
Fox, Farr.and Cunningham Robert Q. Pollard 2320 North 2nd Street 609 Montpel.ier Street Harrisburg, Pennsylvania 17110 Baltimore, Maryland 21218 Theodore A. Adler, Esq.
Chauncey Kepford WIDOFF REAGER SELK0WITZ & ADLER Judith H. Johnsrud Post Office Box 1547 Environmental Coalition on Nuclear Power Harrisburg, Pennsylvania 17105 433 Orlando Avenue State College, Pennsylvania 16801 Ms. Ellyn R. Weiss Harmon & Weiss Ms. Frieda Berryhill, Chairman 1725 I Street, N.'f.
Coalition for Nuclear Power Plant Suite 506 Postponement Washington, D.C.
20006 2610 Grendon Drive Wilmington, Delaware 19808 Ms. Marjorie M. Aamodt R.D. #5 Holly S. Keck Coatesville, Pennsylvania 19320 Anti-Nuclear Group Representing York 245 W. Philadelphia Street York, Pennsylvania 17404
- Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission
. ;,y. /, T 7';
Washington, D.C.
20555
- Atomic Safety and Licensing Board Panel Lisa N. Singer U.S. Nuclear Regulatory Commission Counsel for NRC S,taff Washington, D.C.
20555
~
- Secretary U.S. Nuclear Regulatory Comnission ATTN:
Chief, Docketing & Service Br.
Washington, D.C.
20555 Karen P. Sheldon, Esq.
c/o Harmon & Weiss 1725 I Street, N.W.
Suite 506 Washington, D.C.
20006 L