ML20004E272
| ML20004E272 | |
| Person / Time | |
|---|---|
| Issue date: | 05/15/1981 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Bickwit L, Cotter B, Dircks W Atomic Safety and Licensing Board Panel, NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO), NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| REF-10CFR9.7 M810512B, NUDOCS 8106110453 | |
| Download: ML20004E272 (2) | |
Text
IN RESPONSE, PLEASE REFER T0: M810512B
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s UNITED STATES
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NUCLEAR REGULATORY COMMISSION E
W ASHIN GTON,0.C. 20555 Y.....*!
May 15, 1981 OFFICE OF THE r
SECRETARY w
l l
1 MEMORANDUM FOR: Leonard Bickwit, General Counsel Wi!Iiam J. Dircks, Executive Director for Operations B. Paul Cotter, Ciioirman, ASLBP Alan S. Rosenthal, ChairmSKASLAP h
FROM:
Samuel J. Chilk, Secreta i
SUBJECT:
STAFF REQUIREMENTS - DISCUS ION OF REVISED LICENSING PROCEDURES, 2:10 P.M., TUESDAY, MAY 12 1981, COMMISSIONERS' CONFERENCE ROOM, D.C. OFFICE (OPEN TO PUBLIC ATTENDANCE)
~ "SECY-81'-202B - Re ised Policy Statement on the Conduct of Licensing I.
Proceedings The Comission continued its discussion of the subject paper.
The Comiss.on requested that OGC:
1.
redraft Part III, Section D, to reflect (a) the Comission's concern over the abuse of the discovery process; and (b) the Comission's concern with the potential for extensive discovery maneuvers to delay the whole proceeding going forward; and i
2.
revise the language in Part III, Section A.
Although the Commission decided not to attach a model schedule at this time, the language should, nonetheless, indicate the Commission's concern over the time lapse in proceedings and the need for the licensing board to establish and adhere to a reasonable schedule.
II. 'SECY-81-252 - Proposed ' Changes to 10 CFR Part 2--Analysis of Public l
Coments and Recomendations of NRC's Legal Offices and Licensing Panels The Comission requested that:
l 1.
0GC prepare, for Comission consideration, a final rulemaking based l
on the Comission's discussions of Proposals 2-6 of the subject paper; and l
l 2.
0GC draft language seeking coment on a proposed rule concerning the following subjects:
a.
limiting the number of interrogatories that could be served l
without leave of the board. The background information should note that the Comission had gone out for comment on a proposed rule change to Part 2 that would have eliminated discovery l
819611 6453
b
/
e 2
agairist the NRC staff, but that the Commission is still looking at ways to ensure better control over the discovery process as a whole while still allowing reasonable discosery procedures.
This item is an alternative to Proposal 1 of SECY-81-252; b.
the use of air mail or air express as a means of reducing the time needed for the service of documents; and c.
requiring a potential intervenor to set forth the facts on which he bases his contention and the sources or documents which he has used or intends to use to establish those facts.
(See SECY-81-1118.)* Conmissioner Ahearne indicated that he would be attaching separate views on this matter.
The Conmission also requested that OGC submit a proposal on the use of sua spon~ts. powers as a possible fourth item for inclus. ion in the
- proposed rule.
cc:. Chairman Hend_rie Commissioner Gilinsky Commissioner Bradford Commissioner Ahearne Commission Staff Offices Public Document Room "This completes SECY action on SECY-81-lllB, which it is anticipated will be superseded by the OGC paper forwarding the proposed rule, and SECY-81-111 A, on which the Commission has been unable to reach a majority position.
.-.