ML20003H660
| ML20003H660 | |
| Person / Time | |
|---|---|
| Issue date: | 04/27/1981 |
| From: | Gilinsky V NRC COMMISSION (OCM) |
| To: | Ahearne J, Bradford P, Hendrie J NRC COMMISSION (OCM) |
| Shared Package | |
| ML19353A596 | List: |
| References | |
| FRN-46FR17216, REF-10CFR9.7, RULE-PR-2 NUDOCS 8105060589 | |
| Download: ML20003H660 (2) | |
Text
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UNITED STATES y
NUCLEAR REGULATORY COMMISSION g
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CFFICE OF THE COMMISSIONER April.27, 1981 MEMORANDUM FOR CHAIRMAN HENDRIE
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COMMISSIONER BRADFORD COMMISSIONER AHEARNE This comment by Westinghouse picks up on a point I have raised a number of times.
I think this suggestion deserves "trious consideration.
I would not go quite as far as Westinghouse -- entirely prohibit the staff from being a party -- but only not make it mandatory for the staff to be a party.
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SW Victor Gilinsky I
lent cc:
Dircks Rosenthal Cotter Bickwit Shapar Denton S E C l*
81050605$$
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Execrpt from Wectinghouco Lotter to Chilk Dated April 7, 1981 Subject 10 CFR Port 2 - Rulos of Practica for Domestic Licensing Proceedings; Expediting the NRC itearing Process (Proposed Rule:
46 Fed. Rec. 17216; March 18, 1981 REGULATORY STAFF SHOULD NOT BE A PARTY The preamble to the proposed rule states that the Coninission's technical staff has proposed a substantial reordering of Staff review resources.
However, the Commission noted that reallmation of such resources alone does not appear sufficient and, accordingly, the Commission examined the hearing procers to see where th3t process might be expedited.
Westinghouse believes that one method of expediting the hearing process and freeing Staff review resources woulc be to eliminate the Staff as a party to the NRC adjudicatory licensing proceedings.
The proposal in the rule changes whereby formal discovery against the Staff in the licensing proceedings is eliminated only partially removes the Staff as a party to the hearings.
Westinghouse submits that the Commission eliminate the Staff completely as a party to tne hearing.
As an initial matter, this would clearly benefit the Comission in tems of better utilization of Staff resources since the Staff would no longer have hearing responsi-bilities of a par:y.
In addition, Westinghouse believes that taking the Staff out of the hearing as a party would improve the hearing process.
The applicant is the proporent of the license and, as such, bears the burden of proof or the consequences of failure to obtain a license.
At the present time, however, the Staff is seen by the public as also being a proponent of the license.
Removing the Staff as a party to the hearing clearly would make such appearance less likely.
By removing the Staff as a party, Westinghouse does not suggest that the Staff should play no role in the hearing process.
Rather, the Staff should be available to the Licensing Bosrds in order to provide those Boards with tce benefits of its expertise and judgment or, issues raised in the hearing.
The Staff also could be required to provide the environ-mental imoact statement and witnesses as necessary to support such l
s stement.
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