ML19344F158
| ML19344F158 | |
| Person / Time | |
|---|---|
| Issue date: | 08/22/1980 |
| From: | Ahearne J NRC COMMISSION (OCM) |
| To: | Wydler J HOUSE OF REP. |
| Shared Package | |
| ML19344F149 | List: |
| References | |
| NUDOCS 8009120489 | |
| Download: ML19344F158 (1) | |
Text
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S NUltLEAR REGULATORY COMMISSION E*
f W ASHINGTON, Dr. 20555
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August 22, 1980 CFFICE OF THE CHAIRMAN The Honorabic John W. Wydler United States House of Representatives Washington, D.C. 20515
Dear Congressman Wydler:
Thank you for the letter of July 31, 1980, signed by you and five other members of Congress, requesting information on the Commission's pilot program for procedural assistance.
I would be pleased to explain the Commission's position.
As you noted, there is legislative history applicable to the use of FY 1980 funds that prohibits " funds for intervenors."
Although the Commission was informed by the Comptroller General that it is not legally bound by this history, the Commission has followed the Congressional guidance.
Most receatly, for example, the Commission refused to provide any funds for intervenors to call expert witnesses in the Three Mile Island, Unit One restart proceeding.
Copies of the Commission's decisions on this matter are attached to this letter.
The Commissica dia not adopt its pilot program without serious consideration of whether such a program would be consistent with the Committee guidance.
The Commission has asked me to provide you with a copy of a November 21, 1979 memorandum from its General Counsel to Commissioner Kennedy which discusses this issue.
In the memorandum (attached to this letter), the General Counsel concluded, and the Commission agreed, that the pilot program should not be considered as " funds for intervenors."
I hope that this letter is responsive to your concerns.
If further information is desired, please feel free to contact me.
Sincerely, John F.
hearne Chairman
Enclosures:
As stated 8009120
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Minn.
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COMMISSIONERS:
John F. Ahearne, Chaiman Victor Gilinsky Richard T. Kennedy Joseph M. Hendrie Peter A. Bradford
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In the Matter of
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METROPOLITAN EDIS0N COMPANY
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Docket No. 50-289
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(Three Mile Island Nuclear
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Station, Unit No.1
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MEMORANDU'i AND ORDER The Consumer Advocate of Pennsylvania, participating in this proceeding as a representative of an interestad governmental agency pursuant to 10 CFR 5 2.715(c), has petitioned the Conr.ission to provide financial assistance to gn(
intervenors for retaining experts who will submit. studies and/or testify before the Atomic Safety and Licensing Board.
Alternatively, the petitioner asked the Commission to delegate to the licensing Board the authority to grant funding for expert witnesses to be called by intervenors.
The petition was directed to the Commission because, on October 16, 1979, the Licensing Board rejected requests by other intervenors for such funding on the ground that it was "without authority to grant any funding".1/
filed a response to the petition.
DUPLICATE DOCUMENT.
funding is improperly before the Entire document previously licy does not sanction such funding.
entered into system under:
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UNITED STATES OF AMERICA
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In the Matter of
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METROPOLITAN EDISON COMPANY, ET AL.
Docket No. 50-289 (Restart)
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(Three Mile Island Nuclear, Station,
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(
Unit 1)
)
MEMORANDUM AND ORDER On May 30, 1980 the Consumer Advocate of Pennsylvania (CAP) filed a petition for reconsideration of our decision in CLI-80-19, denying CAP's prior petition for financial assistance to intervenors who are participating in the Three Mile Island Unit 1 restart proceeding.
The major complaint i
relates to two al.leged inconsistencies in the decision: (1) that although the Commission has stated in the decision that it "does favor funding intervenors..." (emphasis in original), the Commission ruled to the contrary; and (2) that although the Comptroller General ruled that there is no legal impediment to funding intervenors in fi: cal ycar 1980, the Commission stated that " Congress has precluded such funding..." On June 16, 1980, the NRC staff filed its response in opposition 'to. the peti cion for reconsideration.
der our original decision.
In stating
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DUPLICATE DOCUMENT ng...," we did..not intend to say that Entire document previously wever, as a practical matter, this entered into system under:
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NUCLEAR REGULATORY COMMISSION yhgig WASHINGTON, D. C. 20555 t'.b4 Ja!
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November 21, 1979 g-s
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MEMORANDUM FOR:
Commissioner Kennedy FROM-4'/3 Leonard Bickwit, Jr.,
General Counsel
SUBJECT:
THE COMMISSION'S LEGAL AUTHORITY TO PROVIDE PROCEDURAL ASSISTANCE AND FREE COPIES OF DOCUMENTS Your memorandum of September 25 expressed " serious questions as to the legality of ' reducing procedural burdens' 1/ on a party to a proceeding which requires NRC expenditures" in light of a statement in the House report on the fiscal 1980 NRC appropri-ations act (H.R. Rep. No.96-243, 96th Cong., 1st Sess. 136 (June 7, 1979)) that:
The budget request and the conmittee recommendation do nat include funds for intervenors.
The Conference report on the act adopted the House report in the relevant respect (H.R. Rep. No.96-388, 96th Cong., 1st Sess. 1 (July 25,19 79)). 2/
This memorandum responds to yrur questions.
1/
In SECY-78-590 (November 17, 1978), we proposed three methods to reduce such burdens:
providing free transcripts, copying and serving written submissions, and reducing the number of copies to be filed with the Commission.
Our memorandum examines your question in connection with these three methods.
Other forms of reducing procedural burdens may or may not come within the rationale we present here.
2/
The House appropriation report for fiscal 1979 contained identical language.
H.R. Rep. No. 95-1247, 95th Cong., 2d Sess. 130 (June 1, 1978).
The Senate appropriations report for fiscal 1979 contained far stronger language:
None of the funds made available to the Commission i
shall be used directly or indirectly for financial assistance to or paying costs of intervenors in any of the proceedings or work of the Commission.
. 116 (August 7, 1978).
al 1980 is silent on DUPLICATE DOCUMENT
, 96th Cong., 1st Sess.
Entire document previously entered into system under:
Harve ANo 7 00 6LA b O Qct 4-328 No. of pages:
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