ML20245K094

Manner of Svc of Pleadings Upon Secretary of Commission, 10CFR2 Final Rule.Rule Makes Minor Changes in Commission Rules of Practice by Requiring That All Parties in NRC Proceedings File Copies of Subj Pleadings

ML20245K094
Person / Time
Issue date:	06/15/1989
From:	Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
References
FRN-54FR26730, RULE-PR-2 AD22-2-03, AD22-2-3, NUDOCS 8907050006
Download: ML20245K094 (7)

Text

r DOCKET NUMBER PR PROPOSED RULE 1 [7590-01]

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Office of the Fedcrat Register NO Nuclear Regulatory Commission for publication 10 CFR Part 2 4 6 3 RIN: 3150-AD22 g g j Manner of Service of Pleadings E Upon the Secretary of the Commission

~~~ JUN 2 31989> T I g ,

?> ELEvscsza a c.g AGENCY: Nuclear Regulatory Commission. S E Nac cf ACTION: Final Rule. s/ % iTB

SUMMARY

This final rule makes minor changes in the Commission's rules of practice by requiring that all parties in NRC proceedings file copies of all pleadings filed with any agency adjudicatory tribunal with the Office of the Secretary in the same or equivalent manner in which they were filed with the tribunal. This will result in the Office of the Secretary receiving the pleading on approxim'ately the same day as the tribunal.

EFFECTIV.5 DATE: JUL 2 61989 FOR FURTHER INFORMATION CONTACT: Charles E. Mullins, Attorney, Office of the General Counsel, U.S. Nuclear Regulatory Commission, k'ashington, D.C.

20555. Telephone: (301)492-1606 SUPPLEMENTARY INFORMATION:

The Commission has discovered that in individual proceedings before its various Atomic Safety and Licensing Boards, Atomic Safety and Licensing Appeal Boards, and Administrative Law Judges, some motions and pleadings addressed to those tribunals are served on (delivered to) those tribunals in a more expeditious manner than they are served on the Secretary of the Commission. For instance, the tribunals sometimes receive filings by m

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. l telecopier or telefax, by express mail, or by hand delivery, while the Secretary's service copies of the same documents are sent by first-class (regular) mail. As a result, the Office of the Secretary, which is I

responsibic for maintaining the official docket of all adjudicatory proceedings as well as the Public Document Room, often does not receive these filings 'u'ntil several days after they have been received by the parties and the tribunals. Under these circumstances, it is difficult for i k

the Office of the Secretary to maintain the official agency docket in a '

timely fashion. See 10 CFR 1.25 and 2.702.

This addition to the Commission's rules of practice requires that parties serve the Office of the Secretary in the same or equivalent manner that they serve the tribunal before which the proceeding is being conducted.

For example, if a party serves the tribunal by express or overnight mail, i it should also serve the Secretary by express or overnight mail so that the Secretary will receive the pleading at approximately the same time as the tribunal and the other parties to the proceeding. Likewise, parties could serve the tribunal by hand while serving the Secretary by telecopier or telefax. Again, this equivalent service will ensure that the Secretary will receive copies of the pleadings at approximately the same time as the tribunal and the other parties to the proceeding. This change will allow the Secretary to maintain the official dockets in close harmony and synchronization with the actual progress of the tribunal's proceedings.

The rule makes an exception for those proceedings being held outside the Washington, DC, area when the adjudicatory tribunal is physically present in sut.h a location. In those cases, the rule allows parties who serve the I

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1' tribunal and the opposing parties by personal service to serve the Secretary by. overnight mail. The rule also provides that service of pre-filed testimony and demonstrative evidence (such as maps and exhibits) on the Secretary may be accomplished by normal mail in all cases.

Because this amendment relates solely to matters of agency practice, good cause exists for omitting notice of proposed rulemaking and public procedures thereon as unnecessary.

Environmental Impact: Categorical Exclusion The NRC has determined that this final rule is the type of action described in categorical exclusion 10 CFR 51.22(c)(1). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final regulation.

l Paperwork Reduction Act Statement This final rule contains no new or amended information collection requirements and therefore is not subject to the requirements of the Paperwork Reduction Act of 1980(44U.S.C.I3501etseq.).

Regulatory Analysis The Consnission and its Secretary have a demonstrated need for receiving copies of filings in NRC adjudications in a more timely fashion. This  ;

rule change which requires service upon the Secretary of filings by the

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same or equivalent method that they are served upon the adjudicatory tribunal is the only means available to achieve this end.

Backfit Analysis The NRC has determined that the backfit rule,10 CFR 50.109, does not apply to this final rule, and therefore, that a backfit analysis is not required for this final rule, because these amendments do not involve any provisionswhichwouldimposebackfitsasdefinedin10CFR50.109(a)(1).

List of Subjects in 10 CFR Part 2 Part 2 - Administrative practice and procedure, Antitrust, Byproduct material, Classified information, Environmental protection, Nuclear materials, Nuclear power plants and reactors, Penalty. Sex discrimination, Source mtterial, Special nuclear material, Waste treatment and disposal.

For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the following amendment to 10 CFR Part 2:

PART 2 - RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS l

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3. The authority citation for Part 2 continues to read as follows:

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1 AUTHORITY: Secs. 161, 181, 68 Stat. 948, 953, as amended (42U.S.C.2201,2231);sec.191,asamended, Pub.L.87-615, 76 Stat. 409 (42 U.S.C. 2241); sec. 201, 88 Stat.1242, as amended (42U.S.C.5841);~5U.S.C.552. ,

Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 105, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 U.S.C. 2073, 2092, 2093, 2111, 2133, 2134,'2135); sec. 102, Pub. L.91-190, 83 Stat. 853, as amended (42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 U.S.C. 5871). Sections 2.102, 2.103, 2.104, 2.105, 2.721 also issued under secs. 102, 103, 104, 105, 183, 189, 68 Stat.

936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, 2134, 2135,2233,2239). Section 2.105 also issued under Pub. L.97-415, 96 Stat. 2073 (42 U.S.C. 2239). Sections 2.200-2.206 also issued under secs. 186, 234, 68 Stat. 955, 83 Stat. 444, as amended (42 U.S.C. 2236, 2282); sec. 206, 88 Stat. 1246 (42 U.S.C. 5846).

Sections 2.600-2.606 also issued under sec. 102, Pub. L.91-190, 83 Stat. 853, as amended (42 U.S.C. 4332). Sections 2.700a, 2.719 also issued under 5 U.S.C. 554. Sections 2.754, 2.760, 2.770, 2.780 also issued under 5 U.S.C. 557. Section 2.764 and Table 1A of Appendix C also issued under secs. 135, 141, Pub. L.97-425, 96 Stat.

2232,22A1(42U.S.C.10155,10161). Section 2.790 also issued under sec.103,68 Stat.936,asamended(42U.S.C.2133)and5U.S.C.552.

Sections 2.800 and 2.808 also issued under 5 U.S.C. 553. Section I:

2.809 also issued under 5 U.S.C. 553 and sec. 29, Pub. L.85-256,  ;

71 Stat. 579, as amended (42 U.S.C. 2039). Subpart K also issued i under sec.189, 68 Stat. 955 (42 U.S.C. 2239); sec.134, Pub. L.97-425,96 Stat.2230(42U.S.C.10154). Subpart L also issued under j i

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t i l sec. 189, 68 Stat. 955 (42 U.S.C. 2239). Appendix A also issued ]

under sec. 6, Pub. L.91-560, 84 Stat. 1473 (42 U.S.C. 2135).

Appendix B also issued under sec. 10, Pub. L.99-240, 99 Stat. 1842 i

(42 U.S.C. 2021b et seq.).

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2. Paragraphs (d),(e),and(f)ofi2.712areredesignatedparagraphs (e), (f), and (g), respectively and new paragraph (d) is added to 9 2.712 to read as follows: i 6 2.712 Service of papers, trethods, proof.

]l (d) Service on the Secretary.

(1) All pleadings must be served on the Secretary of the Commission in the same or equivalent manner, i.e., telefax, express mail, personal delivery, or courier, that they are served upon the adjudicatory tribunals and the parties to the proceedings so that the Secrettry will receive the pleading at approximately the same time that it is received by the tribunal to which the pleading is directed. l 1

(2) When pleadings are personally delivered to tribunals while they are conducting proceedings outside the Washington, DC area, service on the Secretary may be accomplished by overnight mail.

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(3) Service of pre-filed testimony and demonstrative evidence (e a ,

maps and other physical exhibits) on the Secretary may be made by  !

first-class mail in all cases.

(4) The ad, dresses for the Secretary are:

(i)'Firstclassmail:

Office of the Secretary U.S. Nuclear Regulatory Commission Washington, DC 20555; (ii) Express mail:

Office of the Secretary Sixteenth Floor, One White Flint North 11555 Roc!<ville Pike ,

Rockv111ti, Maryland 20852 (iii)Telecopier:

(301) 492.1672 (3M);

(301) 492-0275 (DEX); and (301) 492-1777 ('.lcrification).

For the Nuclear Regulatory Commission.

/

Victors (ello,Jrf "

Exacutive Dire'ctor perations.

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Dated at Rockville, Mtryland, this/dday ofb ,1989. '

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