ML20037D088
| ML20037D088 | |
| Person / Time | |
|---|---|
| Issue date: | 04/27/1981 |
| From: | Bickwit L NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| Shared Package | |
| ML20037D081 | List: |
| References | |
| REF-10CFR9.7, TASK-PIA, TASK-SE SECY-81-111B, NUDOCS 8105210491 | |
| Download: ML20037D088 (4) | |
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April 27,1981 SECY-81 ~llB
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s,. m POLICY ISSUE (Affirmation)
For:
The Ccamission Frem:
Leonard Bickwit, Jr., General Counsel
Subject:
INTERVENTION IN NRC ADJUDICATORY PROCEEDINGS Discussion:
Commissioner Gilinsky proposed, as an alterna-tive to SECY-81-lllA, the following:
What I would do, is to require a poten-tial 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 estatlish those facts.
This could deter intervenors who do not intend to actively litigate their claims.
It would also give other par-ties early notice of the intervenor's case and af ford them an opportunity to move for early summary disposition where there is no factual dispute.
At the close of its April 23rd discussion on the general subject of intervention, the Commission requested a draft change to the Rules of Practice to embody the Gilinsky preposal.
Draft language is attached.
After discussing the matter with Com-missioner Gilinsky's office, we have the following observations about the workings of the proposal as he intends it:
Contact:
C. W.
Reamer, GC X-41493 SE;Y NOTE:
Inis ;:acer is identi:ai to advance cooies di'stributed to tt:e Ccmissicner's offices on Mcncay, 8105210 @/
gay 4, 198;.
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2 (1) it builds on one of the purposes of the present rule, which is to give notice to the parties and the board of a would-be intervenor's concern, by also requiring notice of (i) the facts upon which the concern is based, and (ii) the sources or references which have been or will be used to establish those facts.
(2) it would permit the staff or applicant to seek and a board to compel -- upon penalty of dismissal of a contention --
a more specific or definite statement if the would-be intervenor (i) fails to submit any facts, sources, or references at all, or (ii) submits purported facts, sources, or references which are so vague as to give no real indication of (i.e., no notice),*/ but same (3) it does not permit a board to consider st the contention stage whether the facts, sources, or references are legally sufficient to prove the contention made; however, an obviously insufficient factual or evidentiary basis could prompt the staff or applicant to move early for summary disposition.
Cne issue for possible discussion concerns the extent to which an intervenor should be bound by the facts, scurces, and references l
he identifies when the contention is admitted.
For example, should an intervenor be per-mitted, absent good cause, to seek or estab-lish facts not identified, or not reasonably
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The present rule provides as follows:
A petitioner who fails to file such a supple' ment which l
satisfies the require =ents of this paragraph with I
respect to at least one contention vill not be per-
=itted to participate as a party.
10 CTR S 2.714 (b).
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3 related to those identified, at the outset?
Further, what content should be given to
" good cause"?
Presumably, for example, new f acts which beccme available after the cen-tention is admitted would constitute good Cause.
Recencendation:
(1)
Approve the attached proposal for notice and ccmment rulemaking.
(2)
Direct OGC to prepare and cbtain Cem-missioner approval of the necessary Federal Register Motice.
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C. Q.Co' 2 .
A y,
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Leonard Bickwit, Jr.
General Counsel
Attachment:
Draft Rule Comissioners' cements should be provided directly to the Office of the Secretary by c.o.b. Monday, May 11, 1981.
Comission Staff Office coments, if any, should be submitted to the Comissioners flLT Monday, May 4,1981, with an information copy to the Office of the Secretary.
If the paper is of such a nature that it requires additional time for analytical review and coment, the Comissioners and the Secretariat should be apprised of when coments may be expected.
This paper is tentatively scheduled for affirmation at an open meeting during the week of May 18, 1981.
Please refer to the appropriate Weekly Comission Schedule, when published, for a specific date and time.
DISTRIBUTION Comissioners Comission Staff Offices Exec Dir for Operations ACRS ASL3P Secretariat h
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i Attachment Insert after the first sentence of 10 CFR 2.714(b) and before the remaining sentences thereof the following new sentence:
"he supplement must set forth a concise statement of the f acts supporting each contention tcgether with references to the specific sources and documents which have been or will be relied upon to establish such facts.
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