ML20127M720

Informs That 700826 Memo Re Facility Directed Staff to Give Consideration to Institution of Rulemaking Proceedings for Purpose of Making Clarifying Amends

ML20127M720
Person / Time
Site:	Monticello
Issue date:	12/21/1970
From:	Price H US ATOMIC ENERGY COMMISSION (AEC)
To:	Bauser E CONGRESS, JOINT COMMITTEE ON ATOMIC ENERGY
References
NUDOCS 9211300442
Download: ML20127M720 (2)

Text

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b DEC 21 1370 l

i Mr. Edward J. Bauser I

Executive Director Joint Committee on Atomic Energy Congress of the United States

Dear Mr. Bauser:

l In its maaorandun opinion of August 26, 1970, In: the Matter of Norther _n States Power Corpany (Monticello Nuclear Generating Plant, Unit 1).

Docket No. 50-263, the Commission directed the staff to give considera-tion to the institution of rule making proceedings for the purpose _ of making clarifying anendments to AEC regulations pertaining to the resolution of questions of privilege arleing in AEC adjudicatory pro-ceedings. The Coct:ission has adopted the amendments to its Rules-of practice in 10 CTR part 2. enclosed for the information of the Joint Comittee on Atomic Energy, clarifying its policy and revising its procedures with respect to the subpoena of AEC personnel and the pro-duction of Comission inspection reports and internal working papers in rornission adjudicatory proceedings.

l An anendment to 5 2.720 Subpoenas, dealing with the appearance of AEC i

personnel to give oral testitaony, provides,that AEC staff witnesses designated by the General Manager or the Director of Regulation, as appropriate, or by their designees, will be made available for oral exanination at tho hearing or on deposities' regarding any matter, not priv11egod, which is relevant to the issues in the preeneding.. The attendance and testimony of the Cotsaissioners and named AEC personnel at i

a hearing or on deposition say not be required by the presiding officer, i

by subpoena or otherwiso, except that provision is made for certification to the Commission of the matter of whether the-attendance and testimony of AEC personnel should be required in exceptional circunstances...The j

atended section also permits the submission of written interrogatories.

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The production of AEC records and docussats islervee;nd-ta saw 5.2.744.

l This section speciftea that ABC will as a metter!af polier psednes, en-

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the application of a party to an adjudicatory proceeding, and a showing of need and relevance, Cosmiiasion inspectima reperto and other. records sad documsuts, the basic purpose of which is to record matters of fact! _

relating to license applications.or licensed activities, _ if the facts p contained in those reports and documents are met otherwise available.

j certain privileged matter would be deleted from these; reports, records t

and doeurents.

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i 9211300442 701221 PDR ADOCK 05000263 P

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?!r Edward J. Baucer Internal vorting papera, which are defined in a new I 2.4(o), are exempt from disclosure. Applications therefer must be addressed to the, pre ~

aiding officar. Upon a determinaties, by. the presiding offiser that the party making the2 rommt has demonstrated need and relewansy and that the production of any privileged papers,; neeer,ds and detunents would met be eestrary to the public interest and would,ast ' adversely ~affeet the +

rights of any persen, the ceneral" Manager er the Director of Regulation, an appropriate, vill either autterine production of such recorde and -

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doctaments or state any objections to prodmetten. If the General,ManaRet or the Director of Regulation, as ' appropriate, objects te_ prodnetien of such papers, records and docteients, the entter will be certified _to the Coenission er the Atomic Safety and Licensing Appeal Board, as appro-priate, for deternination.

Conforming and clarifying amendments have also been made to il 2.740, 2.741 and 2.780.

The enclosed notice of rule making is being transmitted to the Office of the Federal T.cgister. The anendments vill becono effective upon publi-cation in the rederal nnninter.

Enclosed also is a copy of a public announcement which we plcn to issue on this catter in the next few dava.

Sincerely,

- ( sine? T F. W [. Price Harold L. Prico Director of Regulation

Enclosures:

1.

Hotice of Rule Making 2.

Public Announcenent

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