ML20210D784
| ML20210D784 | |
| Person / Time | |
|---|---|
| Issue date: | 02/18/1999 |
| From: | Dicus G NRC COMMISSION (OCM) |
| To: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20210D778 | List: |
| References | |
| SECY-99-006-C, NUDOCS 9907280023 | |
| Download: ML20210D784 (2) | |
Text
1 NOTATION VOTE RESPONSE SHEET TO:
John C. Hoyle, Secretary FROM:
COMMISSIONER DICUS
SUBJECT:
SECY-99-006 - RE-EXAMINATION OF THE NRC HEARING i
PROCESS Approved x
Disapproved Abstain Not Participating 1
COMMENTS:
I approve Option 4.
See attached comments.
&~ M om bte NATURg d h< b ran IB 1991 DATE J
Entered on "AS" Yes X No PS YoS Ec 22 S, soaassenoess_eoa
Comments of Commissioner Discus on SECY-99-006 I approve Option 4, calling for commencement of rulemaking while pursuir'g legislation that would establish unequivocally that NRC has the discretion to choose the hearing methods it desires in carrying out its responsibilities. By way of general guidance, I believe the rulemaking should modify subpart G, and eliminate subpart L, so that all hearing requests will follow a similar path, with the exception of hearings on enforcement matters which should not be modified. I believe such a draft rule should have the following attributes:
- 1. A single presiding officer appointed from the ASLBP shall consider petitions to intervene and requests for hearings, issuing a ruling on wehther a hearing has been properly requested and whether requirements relating to standing and admissibility of contentions has been met. OGC should consider whether it is appropriate in this rulemaking to codify some of the precedent relating to standing issues.
- 2. When the Presiding Officer has issued a final ruling on standing and contentions, if there is a denial of a hearing request there should be provisions for appeal to the Commission. If contentions are admitted, OCAA should review the issues and make a recommendation as to whether the hearing should proceed with a single Presiding Officer or whether a three member Licensing Board would be appropriate due to the number and complexity of the technical issues admitted. Absent a significantly complex technical set of admitted contentions, the normal course would be to proceed through the hearing process with a single Presiding Officer. The Commission's decision will be provided in the form of an Order. The OCAA recommendation should include target schedules to be incorporated into the Commission's Order.
- 3. Document discovery will consist only of a requirement that all documents a party intends to rely on in the hearing must be made available to all other parties and that the NRC staff will maintain a hearing file with all NRC docketed materials as is currently done in Subpart L proceedings. One round of written questions should be allowed with a numericallimit on the number of questions. I would contemplate something on the order of a limit of 20-30 single part questions. No further discovery of any kind will be allowed.
- 4. Testimony will be pre-filed, but there will be a live hearing for conducting cross-examination unless all parties agree to have a fully " paper" hearing. Prior to filing of testimony, the rule shall require the parties to document before the Presiding Officer what attempts have been made to settle the admitted issues.
- 5. The decision of the Presiding Officer will follow current procedures for appeals to the Commission.
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6.The Presiding Officer should be required to promptly notify the Commission if at any time it reasonably appears that the established target schedule will not be met.
- 7. On other aspects of the hearings not specifically addressed here, the rulemaking should utilize and codify Commission guidance in its previous policy statements on adjudication, to the maximum extent practicable.
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