ML19345H616
| ML19345H616 | |
| Person / Time | |
|---|---|
| Issue date: | 05/11/1981 |
| From: | Chilk S, Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Bickwit L, Cotter B, Rosenthal A Atomic Safety and Licensing Board Panel, NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| Shared Package | |
| ML19345H613 | List: |
| References | |
| REF-10CFR9.7 M810507B, NUDOCS 8105210404 | |
| Download: ML19345H616 (2) | |
Text
IN RESPONSE REFER TO M810507B
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"'o UNITED STATES
[
, ' ~,j NUCLEAR REGULATORY COMMISSION g
C "V ASHIN GTON, D.C. 20656
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May 11, 1981
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Co C
OFFICE OF THE SECRETARY MEMORANDUM FOR:
Leonard Bickwit, Jr., General Counsel B. Paul Cotter, Chairman, ASLBP Alan S. Rosenthal, Chainnan, ASLAP William J. Dircks, Execut Director for Operations FROM:
Samuel J. Chilk, Secreta
SUBJECT:
STAFF REQUIREMENTS - DISC ON OF REVISED LICENSING PROCEDURES, 2:10 P.M., TF AY, MAY 7, 1981, C0tt4ISSIONERS' CONFERENCE ROOM, D.C. OFF CE (OPENTOPUBLICATTENDANCE)
I.
SECY-81-252 - Proposed Changes to 10 CFR Part 2--Analysis of Public Coments and Recomendations of NRC's Legal Offices and Licensing Panels The Comission continued its discussion of an alternative to Proposal 1 of the subject paper.
The Comission requested that staff prepare comparative schedules indicating the time frame for the various stages of discovery under the present rules and under the proposal that would limit the number of interrogatories in a proceeding.
(SECY Suspense: 5/12/81)
Comissioner Ahearne requested that the views of the ASLBP be obtained and reported to the Comission.
(ASLBP) (SECY Suspense:
5/12/81)
II. SECY-81-2028 - Revised Policy Statement on the Conduct of Licensing Proceedings The Comission discussed the subject paper and agreed to:
language for Part IV - Conclusion as in the attachment; and strike Part III, Section J - Sua Sponte from this policy statement and renumber the remaining sections.
The Chairman noted that the above mtters would be discussed further at the Comission meeting on Revised Licensing Procedures scheduled for Tuesday, May 12.
Attachment:
h As Stated s
4 cc: Chairman Hendrie N
hd Comissioner Gilinsky
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Comissioner Bradford 1
J IS81 A T '
U Comissioner Ahearne
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Comission Staff Offices S';s u
Public Document Room
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IV.
CONCLUSION This statement on adjudi ation is in support of the Commission's effort to complete operating license proceedings, conducted in a thorough and fair manner, before the end of construction.
As we have noted, that process has not, in the past, extended beyond completion of plant construction.
Because of the considerable time that the staff had to spend on developing and carrying out safety improvements at operating reactors in 1979 1980, in the wake of the Three Mile Island accident, this historical situation has been disrupted.
To reestablish it on a reliable basis requires changes in the agency review and hearing process, some of which are the subject of this statement.
As a final matter, the Commission observes that in ideal circumstances operating license proceedings should not bear the burden of issues that ours do now.
Improvement on this score depends on more complete agency review and decision at the construction permit stage.
That in turn depends on a change in industrial practice:
submittal of a more nearly complete design by the applicant at the construction permit stage.
With this change operating license reviews and public proceedings could be limited essentially to whether the facility in question was constructed in accordance with the detailed de. sign approved for construction and whether significant developments af ter the date of the construction permit required modifications in the plant.
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