ML20004F384
| ML20004F384 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 06/17/1981 |
| From: | Barth C NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Alexander J AFFILIATION NOT ASSIGNED |
| References | |
| NUDOCS 8106180273 | |
| Download: ML20004F384 (4) | |
Text
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NUCLEAR REGULATORY COMMISSION 3
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June 17, 1981 t
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tir. Jeff Alexander 8
L 929 Wilmington Avenue fii 2
JUN 1719815 i Dayton, Ohio 45420
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In the 14atter of
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m' CLEVELAND ELECTRIC ILLUrilNATING C0ftPANY, et.
(Perry Nuclear Power Plant, Units 1 and 2) 4 Docket Hos. 50-440 and 50-441
Dear Mr. Alexander:
I have your letter of June 7,1981 in which OCRE requests that it be provided free of charge a copy of the transcript of the June 2-3, 1981 prehearing conference. At the prehearing conference on June 2, 19d1 OCRE requested a free copy of the transcript and the Licensing Board Chairman declined to provide such a copy and explained why this was the situation.
I do agree with the Chairman's decision and am enclosing copies of transcript pages 534 and 535 which contain the OCRE-Licensing Board dialogue and also a copy of the Commission's suspension of procedural assistance to intervenors (46 Fed. Reg. 13971,2-25-81).
I regret that the Staff is not able to accomodate your request.
Sincerely, f
Ah&
Charles A. Barth Counsel for NRC Staff
Enclosure:
As stated above cc:
Service list w/ encl.
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l 8106180 @
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A.6 t
534 I
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MH.
LODGE:
Tha t 's true.
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9 2
MR.
SILBERG:
Again, not 3
naving haa the benefit of f o r e w a r n i ng,
I have 4
no iaea what else is in that report.
The 5
only point I wish to make is tnat the n umb er s 1
6 we have just haa are to tally irrelevant as I q
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il 7
heard them.
Mr.
Lodge was s ta t i ng those are a
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f 8
the forecasts for total en e rg y, and of course, g
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utilities forecast the need for ca paci ty on l
t 10 demand and no t on energy, so that those 1 I
.g i,g {
't-11 n um b e r s are irrelevant.
Ih l,b 12 MR.
BLOCH:
Mr.
Barth?
! ft 13 MR. B A R T il :
The staff has g; *j 14 no comment, sir.
l' iG e
i 15 MR.
BLOCH:
We now proceec 16 to UCRE's contentions.
Have you been able to l
17 con tac t Mr. Alexancer and clarify some of the I
18 points?
4 9
MISS HIATT:
- Yes, I have, t
20 Mr. Alexander is very sorry he can't be at t }
0 21 t
'se proceecings but he is busy working on i
I 22 nis sasters thesis right now.
I wo uld like 23 to state at this time tha t he definitely 24 wants to receive a copy of the transcript of Y
f 25 this proceecing anc will tha t be se n t to him f
f 7
4 Computer Aided Transcript by
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CEFARATTI & HENNILLO
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- r. et t
535 l
1 ct the end of thio?
2 MR.
BLOCH:
There's a long 3
history to that.
There actually is a l
4 restriction in the appro pr ia tio ns l eg i sl a tio n 5
and the Nuclear Reg ula to ry Commission which l
6 prohibits us from giving special pr iv il eg es 7
to intervenors.
There's a more recent ruling l
6 8
by the general accounting office that may I.
9 permit the Nuclear Reg ula to ry Commission to 10 provide transcripts both to the intervenors l
Il 11 and applicants equally, but the Nuclear g
12 Regulatory Commission has not ac ted to 1-ii 13 effectuate that new commission from the GAO, l[ f i
14 so at the present time reluctantly I am 15 unable to furnish transcripts to intervenors.
16 There will be a tr an sc r i pt available in 17 the public document room and I did 18 inc id en tall y learn by the way that that room 19 doesn't have the most convenient hours and I 20 have indicated to the in te r v eno r s that I l!
21 would be willing to entertain a motion to i
22 change the cite of the public document room 23 it they so wish.
i 24 Could you proceed with the first 25 con ten t io n?
Computer Aided Transcript by CEFARATTI & RENNILLO I s,
PART 2 o STATEMENTS CF CONSIDERATIEN
- In these circumstancer, the 2.7121f) cnd 2350(c). concarning Aherrn2 ordered cn immediate Commission has acwpted the Appeal procedural assistance to non. applicant suspension of the NRC's procedural Panel's recommendation to con ert the parties in domestic licensing assistance program on transcripts and Section IX[d)(2)"guldanca"into a proceedings. This suspension is based copying and sersice, pending further i
limitation skin to that enforced by the on a December 3.1980, decision of the direction from the Commission.
District of Columbia Circuit. nis would Comptroller General (No. B-200585) that This notice announces the formal not absolutely preclude, of course, briefs found unlawful the use of funds suspension of the transcript and copying in escese of 70 pages. What it would SPpropriated under Pub. L.96-367 (FY and service portions of the program.10 mean is that. before filing such a brief.
1981 Appropriations Act) for the CFR 2.750(c) and 2J12(f) Because the litigant would be required to seek provision of free transcripts to and implementation of these portions of the the Appeal Board's permission. In copying and service of written program through appropriations under granting that permission where there subimssions of non-applicant parties in the FY 1981 Appropriations Act has appeared to be sumclent cause to do so, these proceedings. The Commission may been found unlaw'd by the Comptroller the Appeal Board would be free to set a consider a reusion ofits transcript General and thus would not be in the specific new page limitation. For Program at a future date.
public interest. good cause exists for ensmple, although the litigant might EFFECOVE DATE: February 24.1981.
rnaking this suspension effectise without seek to file s 134page brief. the Appeal rOR FURTHER INFORMATION CONT ACT; prior notice and cnmment and upon Board might decide to allow a brief of 90 Marthe. A.Torgow. Attorney. Office of publication. The Commission may at pages.
the General Counsel. U.S. Nuclear some future time revise its program of Section 2.762 will be amended to add Regulatory Commission. Washington, free transcripa and will consider any a new subsection (e) containing the page D.C. 20555, 202/634-1465.
comments filed on the suspension and limitation on appellate briefs, he SUPPLE MENT ARY INF ORMATION: On July Proposals for future action which are existing subsection (e) will be 25,1980. the Commission published a filed with the Secretary of the redesignated subsection (f). Part L final rule to implement a pilot program Commission within 30 days of of procedural assistance in domestic publicatioa of this n,otice.
Appendia A. section IX(d!(2) will be licensing proceedmgs. except for Pursuant to the Atomic Energy Act of modified to conform to this menendment, antitrust proceedu.gs, to parties other 1954. as amended, the Energy Because this amendment relates than the applicant by (1) providing a Reorganization Act of1974.as amended.
solely to matters of agency procedure.
transcript without charge and (2) and Sections 552 and 553 of Title 5 of the notice of proposed rulemaking.nd c Pying and serving certam, written United States Cade, the following submissi ns n request.10 CFR 2.750(c).
amendments to Title to. Chapter 1. Code bl d
th eq d y se on 553 of T tl of the 2.712(f). 45 FR 49535. In addition, the of Federal Regulations. Part 2. are NRC reduced the number of copies,thpublished as a docur.:ent subject to Uruted States Code and shall be omitted required to be filed by any party wi codification.
from this proceeding These final rulee will become effective for all appe!!ste the Commission from 20 to 2.10 CFR briefs filed thirty days aher publication 2.708(d)(2). supra. The Commission had
~ in the Federal Registse.
begun to implement that program m its i
Accordmgly. pursuant to the Atomic li' sing Proceedings.
46 FR 13971 Energy Act of 1954, as amended, the The Comptroller General was Published 2/2s/s1 Energy Reorganization Act of 1974, as requested to review this program and Effective 3/27/81 amended, and sections 552 and 553 of determine whether it was lawful under Title 5 of the United States Code,the section 502 of the Energy and Water fo!! awing amendment to Title 10 Devel pment Appropriations Act for FY D *.888/ 8'"lih - L '" #8#/88c'l"'
Chapter I. Code of Federal Regulations.
1981. Pub. L.96-367. That section state H'astes /n Geologic Repos/rones; Part 2. la published as a document that FY 1981 funds may not "be used to t hen 3/ng hocedures si;bject to codiScatiort Pay the expenses of or otherwise compensate, parties mtervening in See Part 60 Statements of Consideration regulatory or adjudicatory proceedmgs funded in this Act." On December 3.
1980, the Comptrohr General concluded that the first two elements of the program (free transcripts and free 46 FR 13681 copying and service for non. applicant Publ shed 2/24/81 parties) could not be funded from moneys available under that Act, but Effective 2/24/81 that the third element (reduction of copies for a!! parties) could. Opinion No.
B-200585. The Comptroller General 10 CFR Part 2 reasoned tnat provision of transcripts and free copying and service were Domestic Licensing Proceedings; litigation expenses that would Procedural Assistance Program inevitably have been paid by the ncn-applicant party and that the assistance ActNCv: Nuclear Regulatory Commission.
program transferred the expense to the NRC to be paid out of appropriated ACTION: Final Rules; Suspension of funds. How es er, a reduction in the certain provisions.
number of copies of papers required to
SUMMARY
- The Commission suspends be filed did not compensate intersening immediately the effectiwness of 10 CFR Parties. but merely eliminated a cost for all parties. On December 4. Chairman 2 SC 53 March 6,1981 P00R D E El.