ML19353A305
| ML19353A305 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 01/05/1981 |
| From: | Wolfe S Atomic Safety and Licensing Board Panel |
| To: | Doggett S DOGGETT, S.A. |
| References | |
| ISSUANCES-CP, NUDOCS 8101080088 | |
| Download: ML19353A305 (4) | |
Text
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p UNI 3ED SIWIES OF AMCA
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NUCLEAR REGUIAIDIE 02tiLSSIOi
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E AIDEC SAFM AND UCESEG BOARD C'esti'M W [.
Before Adminhtrative Judges:
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Sheldon J. Wolfe, ch=4 %
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Dr. E. Isonard Geattan Y
Gustave A. Linenberger, Jr.
- C9pgg In the Matter of
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HOUSTON LIGRIING AND POWER CCNPANY
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Docket No. 50-466 CP N
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(Allens Creek Nuclear Generating
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January 5, 1981 Station, Unit 1)
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ORDER 7
Gs On November 26, 1980, the Staff filed a notion for simmnf disposition directed to a consolidated contention (Cumings 9, Griffith 1, Johnston 1, T - r 5). On December 23, 1980, Intervenors Cumings, Griffith, Johnston, and T-r filed an opposing answer. Meantime, pursuant to an amendment to 10 C.F.R. 2.749(a) (copy of 45 Fed. Reg. 68919 attached), on December 18, 1980, Applicant filed an answer in sum of the Staff's notion for simmry disposition.
Pursuant to s 2.749(a), as -d# effective October 17, 1980, it is this 5th day of January, 1981 ORDERED That Mr. Doggett, representing the afermentioned Intervenors, shall have until January 30, 1981, within which to file a response, but said response shall address only those new facts and argtxaents presented in the
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. Applicant's supporting answer which had rot been presented in the Staff's notion for si m disposition.
FOR 'DE AMC SAFE 1Y AND LI N ING BOARD
?,
A M nintrat.ve Judge
Federal Register / Vd. 45. No. 203 / Friday. (BEtD W. SE3 #Mks GFgUnrau u
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Coenmission. Wcohington. D.C. 20555.
Since ct:tements in support cf e p ART 23$6-INSPECTION OF EOGS Telephons l3m) 492-767tL motion for summary di: position may
'AND ECO PRODUCTS (EGO PRODUCTS INSPECTION ACT OF suwt.auswrany woawanoec Section ratae facts and arguma:ita not presented 2.749 of the Commission's Rules of by the moving party and need not be served until the time at which an answer 1970)
Practice for Domestic lJeensing
- .The following is the amendment to 7 Proceedings. " Authority of presiding opposing the motion must be served.
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officer to dispose of certain issues on 12.749(a)is also amended to permit the Section :359.5c2 of the Federal the pleadings " establishes a procedure party opposing the motion to file a reFulations governing the inspection of whereby a party to an administrative supplemental response in writing which eggs and egg products (7 CFR:359.5c:)
proceeding may move the presiding addresses any new matters raised in is amended by %pne the asetion officer to rule in that party *a favor as to supporting statements and not presented heading and amending the Table of all or any part of the matters involved in in the initial motion.The Commission Contents accordtngly, and by adding a the proceeding.The presiding oIncer expects its presiding officers to establish new p. graph (c) to reed as follows:
will render the decision sought by the expeditious time limits on a case-by-moving party if the filings in the case basis for the filing of any response g:sso.sc2 Eeulement and utenema: PCs.
proceeding show that there is no to supportmg statements. consistent containmg equipment.
genuine issues as to any material fact with the requirements of fairness.This and that the moving party is entitled to a departure from Commission practice (c) New or replacement equipment or tiecision as a catter oflaw.'
(which does not ordmarily allow further machinery (mcluing any replacement Secuan 1749(a) now provides that pleadmgs beyond the inibal pleadmg parts) brougnt onto the premises of any any therparty may serve an answer and response thereto)is desirable here oft. cal plant shall not contam liquid opp @ une modon Um um=ary to avoid potential unfair surpnse to polychionns ted biphenyls (PCBal in
&sp shionk ws6 m without supponmg pomes opposing Inotions fu summary c=ncentrations above 50 parts per afLdavits. within twenty (20) days af ter 6 position. No further supportmg mdhon by weight of the liquid medium.
service of the monon (empnasts statements or responses thereto shall be Bs provtsion apphes to both food added).However.lt has been a long-entertained' proceumg and nonfood processmg standing practice of the regulatory staf!
Because this amendment is not eqmpment and machmery, and an},
to file an answe-to the motions of other substant ve and relates only to matters
'9 parties f r summary dispositaon--in of agency procedure, notice of proposed
[d supp rt r in pp sition. as appropnste.
rulemakmg. and public procedure i
1 ose gac: tors containing less than 3 pounds The Commission has detercused inat thereon. is unnecessary, and the c: pC3s are exempted from this the rule should be clariLed to amendment is effective on October 17 pro:ubitio'-
specifically permit responses in support 1980 without the customary 30' day?
(seen. :-23. 54 Stat tc:0 et seg. t USC of. as well as in opposition tc.mouons notice.
10:1-1056. 4: yR sse:. 35e:5) for summary 6sposition. Since (5 USC 153fb) and 5 3(dll Done at W asntngton. D.C. on October :.
important legal and procedural Pursuant to the AtomicEnergy Act of consequences Gow from a presiing tW 1954, as amended. the Energy officer's grant or derual of a motion for Ausstarr: Secretory for rood ond Consumer summary 6sposition, the Commnston Reorgaruzation Act of1974. as amended.
Caro: Tuckee Foreman.
beheves that the views of its regulatory and sections 552 and 553 of Title 5 of tne staff. as well as the views of otner United States Code. the following Se-vicu amendments to Title 10. Chapter L Code inrmcmenm.m.w m ;
parties, should be considered and may be of substanual assistance to tne of Federal Regulations. Part : are
., v.o eeoc m o presidmg officer.Therefors, tse
. pubhshed as a document subnct to a NUOLEAR REGULATORY Comrmasion is clarifumg i : 749(a) to codification.
specincally persut responses fro =
Secton 1749 paragraph (alis amended to read as follows:
COMMISSION
. parties which support motions for 10 CFR Part 2 summary disposition.The clarificatlo
$L749 Autnortty of prooldmg omeer to will help ensure that the relevant issues Charges in Rules of Practice are fuDy developed before tne presidmg (a) Any party to a proceeding may at Governing Summary Diapoaftion on off.cer ruies on the motion and is least forty-five (45) days before the time Ptaadmgs consistent with the general policy of the fixed for the heanng. move, with er Commiss.on's Rules of Pracace to without supporting affidavits. for a actNc*r: Nuclear Regulatory encourage parun to express tnei. views ceasi n by tne presiding office
- in that Comminion.
before adjudicatory triounals.The party a f avor as to all or any part of the acmc Final rule.
amenement also harmontzes tse matters involved in the proceedms.
Commissionis summary dispositso'n There shall be annexed to tne monon a suuunty: The Nuclear Regulatory procedure M6 the provmons of 10 CFR separate. enert and concise statement of Commission is amendmg its reFui ions 73 (c). Nations." which permit a the matenal facts as to which the governing the autnanty of its presi sn.
pany to file an answer m suppen of e movmg party contends that there is no c...cers to consider motions or in opposibim to a motion filed by genume issue to be heard. Any otner summary disposition of certam issues or, anouter pany.
party may serve an answer suppentng tne pienemps. to CFR Sect on 1749. to or opposmF tne motion. with or witnout permit parties to file answers supportmg
' he sem,..we e.
and m une ni mer tie afficavits. within twenty (20) davs after sucn motions.
moed ovuy so..ne sevennmanon of spectric trFYCTtvt oAtt: October 17,1980 evtieremeie r a m any proce. oms memns a service of the mouen.Tnere shall ne post FtrarrHER totFo8n8AT10's co*rtAcT:
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annexed to any answer opposing trie mot on a separate.short and concise Bruce A.Berson. Office of the Executive on,
..,s.euwe e con.ir.cuan penmi eiatement of the matenal f acts as to ensil in evia-nud. 5ecima :>4 aid; Legal Director. U.S. Nuclear Regulatory
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whic'h it is contended that there exis's c Washington. DA '0580. All mmmats cet labeled la cccordance with the
, genume issue 12 be h:ard. All material should be captirned:" Comment on Stfr requirements of I 480.12 ef the Rule facts set forth in the statement required Compliance Guidilinee-Home sh:uld n:t be tecept:d for resale to to be served by the moving party willbe lasulation Rule. F.T.C. File 215-59.*
consumers after September :9.19ea.
Similarly, allinsulation sold by deemed to be admitted unless ron rum.. n inronuAnow coenacn controverted by the statement required Kent C.Howerton. :c:-724-151C manufacturers after September:9.1980
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must be labeled in accordance with 1
to oc served by the opposing party.The Attomey. Division of Energy and i 460.22 of the Rule. A manufacturer presiding officer thall permit the ProductInformation. Bureau of opposing party an opportunity to Consumer Protection. Federal Trade who delivers improperly labeled i
materials after this date will be in rispond in wnting to new Iacts and Commission. Wa shington, D.C. 20580, violation of the Rule and the product arguments presented in any sw iuug gy,,g,gug,gany,,po,ug g e should not be sold to consumers by the statements which wen not presented in hThe tonowing Culdehnes wi_ not retaller or installer, u
the papers of the moving party. Any appear in the Code oUederal Regulahns.
All advertisements for home such response shall be served within insulation, other than those on such time limits as the presiding officer Staff Compliance Guidelines evisi n. must also comply with the m:y establish and Lall address only g ' hd6 r*Wnments of Ii 400.18 and 460.19 of '
the new f acts and argt.ments presented The FederalTrade CommissitA de Eule as of September 29.1980.The in the supporting statement.No further Trade Regulation Rule on L.sJeM g ud p;'i recognizes that some non-supportmg statements or responses Advertising of Home Insulatm ! e CFR complying ads may already be prepared thereto shall be entertained.
part 460) took effect on Septabe:' 9.
and scheduled for publication and. if so.
1983.'The Commission's staf they will have to have been rev. sed by f Sec.16t(pl. Pub. L 8Mc3. 68 Stat. 948 (42 recogmzes that it has a responsibillry to September :9 unless unusual U.S.C ::ctl. Sec. :ct. a amended. Pub. L circumstances make this impossibic.
s u 3a.sa Stat.1 43. Pub. L 94-?s. as Stat.
provide industry members who are 413 (4:U.S.C 5u til attempting to comply with the Rule with The staff notes that industry members Dated at Weslungton. D.C this eth day of as muct guidance as possible.To meet have known since August of1979 that Cetacer. tsac.
this responsibility the staffis publishing the Commission was very likely to make Tor the Nuclear Regulatory Cocuniasion.
these compliance guidelines. Although effective the disclosure requirements for home insulation ads found in the Rule.
the guidelines do not amend or modify in addition. the staff considers the Jehm C Hoyle.
the Rule in any way. they should Ac:mp secretary of the commasion.
provide assistance to indust y members.
advertising disclosures to be essential features of the Rule, and believes that
- n o - ru.es
- i These Fuldeimes will serve as even temporary ex.eptions from those su e cooc n enforcement critena for the stanin assessmg compliance with the Rule.
requirements would frustrate the EDERAL TRADE COMMISSION Although the stan views these purposes of theRule.The Commission guidehnes as final,it will accept written has postponed the disclosure 16 CFR Part 4M comments until November 17.1980. If requirements for television aovertisements pendmg completion of' the staH believes it is apprepnate to Trace Regulation Rule: Labeling and revise any portion of the Fundehnes further rulemakmg proceedmgs.
Aemusing of h tnsananon based on the comments received. it will III. Coverage of the Rule AcEwer:Federa! Trade Commission.
pubhsh revised staff compuance Tne Rule apphes to the promotion and Fuidehnes in the Federal Register.
sale of thermal msulation produca. It I
cettenc Staff compliance guidelines.
The guidehnes cover those anes in coes not apply to other products with I
susmaav:The Staf of tne Federal which guidance should prove most insulating enaractenstics, such as storm Trade Commission publishes its Staff helpful to industry membe s. If further wincows and doors. canikmg 1 Comebance Guidehnet.The staff is compliance questions anse. thev wiU be weatherstnpping. msulated residential
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pubb'shms these Fuicelmes to provide bandled informally by the staff c. if sicmg. or crapenes.
assistance to industry members appropnate. by the Commission. as The Rule apphes to insulation sold for regardmg areas m wruch the staff provided for te Sections 1.: through 1.4 use in c!! types of residential structures.
oeheves that guidance should prove of the Commission's Rules cf Practice.:
including old or new houses.
most helpful to industry members.The E
ti the Rule Tabs Meet condomniums, coopera tives.
apartments, modular homes and mobile views expressed in the Fuidelines are The provisions of the Ruie apply to homes. It does not apply to insulation l
mose of the stafT only; tney have not home insulation materials produced and sold for use in commercial or incustnal been approved or acopted by the sold af ter September :S.1980. However.
Commission and tney are not binding on the staff reahzes (nat some msulation sin,,he Rule also requires disclosure of R.
2ctures.
tne Commissier However, tne retailers and instaliers wiE have esek values and related mformation m sales guiceimes will serve as enforcement stocks of matenais. existing at toe time of"ngw homes." The term "new nomes" cntena for tne staff m assessing of the Rule's efIective cate. which are comphance with the nome insulation not labeled in accordance with ! 48C.1 concenzuums. cooperatives. modt at meluces new nouses. apartments trace reFulation rule.
of the Rule. Enforcement action win not homes and mobile homes.* 11 meludes os.Tts: Effective date-October 17.198c.
be recommended aFamst retailen er Wntren comments reFarcmg the Staff instauers wno deplete suce back stocks.
,rne Comaumon m,e.eme,enu, em Comohance Guideimes wiD be accepted On tne other hand. packages tnat are tnm ir.oe u c.u
,,,,,,na, m., %,
tmtil Novemeer u.1980.
homa be uemoiad tan een er an one anomtss: wntten comments should be
$4s FR 547c:(1sec.The Rube and its Statement of recurrements of the be.The Commission nas accreased to the cretary, pederag g
,e sad Maue e o omweiec anc puensnec temooreruy eteved tne enect o, f I eac.1e c! sne Ru on A e i:.im +4 ra sene um, i.e r u ii,,,,,,,, og,,,,,
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Trsoe Commission. etn anc Foot. notes conunueo on next pace
'Is CFR Port t.).L4 Pennsylvama Avenue.NW.
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