ML20099D698

Submits Assistant Director for Environ Projects Instruction 56,informing That Supplemental Decision by Plant ASLB Stated Listed Info Relative to New Technical Info Which Becomes Available During Period That ASLB Preparing Decision

ML20099D698
Person / Time
Site:	McGuire, Mcguire
Issue date:	10/09/1973
From:	Muller D US ATOMIC ENERGY COMMISSION (AEC)
To:	US ATOMIC ENERGY COMMISSION (AEC)
Shared Package
ML20099D115	List: ML20099D109 ML20099D249 ML20099D432 ML20099D581 ML20099D698 ML20099D741 ML20099D756 ML20099E491 ML20099E496 ML20099E508 ML20099E541 ML20099E555 ML20099E565
References
NUDOCS 9208060277
Download: ML20099D698 (2)

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- Environmental Projects Personnel r.

ADEP PROJECT INSTRUCTION #56 KEEPING ASLBS' INFORMED A Supplemental Decision (September 6,1973) by the McGuire ASLB stated the following relative to new technical information which becomes pmr available during the period that the ASLB is preparing its Initial 4

Decision, j!hp

... Cat we must state that that change should have been

[dL brought to the attention of the Licensing Board much earlier than it was, and in any event prior to the issuance Mi of its initial decision.

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o "In all future proceedings, parties must inform the presiding.

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board and other parties of new information which is relevant

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and material to the matters being adjudicated."

N.Y "To avoid any ; uunderstanding, wo do not mean that necessary administrative acticns by the regulatory staff should not go wei onwhileaproceedingisbeingadjudicated(see10CFR2.717(b)).

But this does not mean that the staff or applicant can be 2

permitted to leave the presiding body and the other parties to M4 the proceeding in the dark about any change which is relevant

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and material to the adjudication.,1_5/"

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.t ihm li "If the presiding board and other parties are not informed in a

!L timely manner of-such changes, the inesca able result will be that

$!l reasoned decision-making would suffer.,Indeed, the adjudication **

M, could become meaningless, for adjudicatory boards would be passing upon evidence which would not accurately reflect existing 4

facts. The disclosure requirement we impose is not the product of any overly procedural formalism on our part -- it goes to the very heart of the adjudicatory process.

Its sacrifice for the. sake of expediency cannot be justified and will not be tolerated."

"15f. Any uncertainty regarding the relevancy and materiality of new information should be decided by the presiding board."

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• Personnel If significant new technical information becomes available on your cases when they are in this stage of the licensing process, please do the following:

1.

Decide whether the new technical information is sufficiently relevant to the issues of the case to warrant informing the ASLB.

2.

Inform the OGC attorney on the case of your decision.

(Notethathealsohassimilarinstructionsonthis.)

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Prepare a brief memo (EP Branch Chief to OGC Section Chief) fl!E transmitting the new information, u-f' 4.

Prior to sending the memo, route through me so that I can j

inform A. Giambusso.

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i l Daniel R. Muller, Assistant Director for Environmental Projects Directorate of Licensing cc:

A. Giambusso R. Boyd T. Englehardt l

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