ML23151A385

PR-002 - 54FR26730 - Manner of Service of Pleadings Upon the Secretary of the Commission

ML23151A385
Person / Time
Issue date:	06/26/1989
From:	Stello V NRC/EDO
To:
References
PR-002, 54FR26730
Download: ML23151A385 (1)

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DOCUMENT DATE:

TITLE:

CASE

REFERENCE:

KEYWORD:

ADAMS Template: SECY-067 06/26/1989 PR-002 - 54FR26730 - MANNER OF SERVICE OF PLEADINGS UPON THE SECRETARY OF THE COMMISSION PR-002 54FR26730 RULEMAKING COMMENTS Document Sensitivity: Non-sensitive - SUNSI Review Complete

STATUS OF RULEMAKING PROPOSED RULE:

PR-002 OPEN ITEM (Y/N) N RULE NAME:

MANNER OF SERVICE OF PLEADINGS UPON THE SECRETARY OF THE COMMISSION PROPOSED RULE FED REG CITE:

54FR26730 PROPOSED RULE PUBLICATION DATE:

06/26/89 NUMBER OF COMMENTS:

ORIGINAL DATE FOR COMMENTS:

I I

EXTENSION DATE:

I I

1 FINAL RULE FED. REG. CITE: 54FR26730 FINAL RULE PUBLICATION DATE: 06/26/89 NOTES 011 EDO SIGNED FINAL RULE ON 6/15/89.

FILE LOCATED ON Pl.

TAfflS F RULE TO FIND THE STAFF CONTACT OR VIEW THE RULEMAKING HISTORY PRESS PAGE DOWN KEY HISTORY OF THE RULE PART AFFECTED: PR-002 RULE TITLE:

l oPOSED R~LE SECY PAPER:

FINAL RULE SECY PAPER:

MANNER OF SERVICE OF PLEADINGS UPON THE SECRETARY OF THE COMMISSION PROPOSED RULE SRM DATE:

FINAL RULE SRM DATE:

I I

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DATE PROPOSED RULE SIGNED BY SECRETARY:

06/15/89 DATE FINAL RULE SIGNED BY SECRETARY:

06/15/89 STAFF CONTACTS ON THE RULE CONTACTl: CHARLES MULLINS CONTACT2:

MAIL STOP: 15 B18 MAIL STOP:

PHONE: 492-1606 PHONE:

DOCKET NO. PR-002 (54FR26730)

In the Matter of MANNER OF SERVICE OF PLEADINGS UPON THE SECRETARY OF THE COMMISSION DATE DATE OF TITLE OR DOCKETED DOCUMENT DESCRIPTION OF DOCUMENT 06/23/89 07/10/89 07/10/89 06/15/89 FEDERAL REGISTER NOTICE - FINAL RULE 07/03/89 NRC MAILING ADDRESS CORRECTION TO THE 6-29-89 FINAL RULE 07/07/89 COMMENT OF OHIO CITIZENS FOR RESPONSIBLE ENERGY (SUSAN HIATT) (

1)

July 7, 1 9J9 DOCKET NUMBER PR d-P,ROPOSED RULE

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Char le:s E. r*!u]lins, E [~ q.

Office cf G0neral Couns~l U. S. l!.:1cle~,r n.::.c,:-1u l atcry Washingto n, DS 20 555

Dear Mr. ~ullins :

C r w:iiss ion

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irn 1,,-ci_t~.:g.:;.n. r.2gacd to the fina l rul e published i n the

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Plcudings I Upon the Sec r eta:cy of the Ccmmis sior,. '*

'l'his r.11 e require s that t he Off ice of the S~cretary b2 s e rvad in the same mannEr a ~

the a djudicatory t r i bun~l l n a proce2~ing is

served,

i. e.,

if t he Board i s s erved hy 2:~p l e::;:::; maJ.l,

' f f ice of the S,2c r e t ary must als o b e sei.*vec ty,:.!Xpress rnail.

I b e lieve th3 t this rule should have been p ub l i s hed for public cornmenc as a propt;sed ri.1le before being enac t ed.

'I'his r u l 2 impos6s a signif icant financ ial burden upon s ma ll e ntit ie s i: :::rtic ipa. ting in

• r.ht::

NRC' s 2dj ud i ca t ory p r oce()d.:i.. ngs.

Fur ~h 2 rmore, th ~r e da0 s not appea r to be suf fic~ent j ust i f i caci.un f c,c i1np,)sing this bn:cd E:n.

• .L'l1e purported justit :.:: z: t.;_or, i :3 u *.c.t, *:Jl,e n the Office cf t he Sec:ceta ry is served bv r2su~ar, f i~st class mail, whe n the Beard and parties a re s e: r veci i.:t a.,1c1,~

cc-~:r,.::di :::.i.-)US f a.s h ion, the::

Off ic e of the Secretar y \\,1 j_ 1 :L :c~cei v::

i.~he pleadin*:JS II severa l c ~ys after they hav-2 bee.:1.*.,-.::: e*'_v c..i l) :{ tLe p 2,rties a nd the tribunals,

11 resulting in difL _:.:.: ty i n i,ia.incair. i ng "the offic i a l a 92ncy docket in a

~ime ly fashi a n.d W~ a~ d~fference does s evera l days make?

The persons t~ving immediate need for the fil ings, the Boards and parties to the p ~rticu l ar proceedings, will rec e ive t h e m by expr ess nail or other exped i tious delivery.

The Docke t i ng and Service :e2tior1 is no t a party to the proceeding, does not need t o r espoi'ld t,) ar,y f :1 l :i.ng, a nd h a s no r ea l need t o rece i ve the filings irnm2dic,te:ly.

'.!11:.e NRC *should provide evidenc e that a

few

~ays delay has in fact h ampered agency business 0 -

prevent ed acce s s to c~e fi lings by persons having need for i mmediate acce s s to t hem.

This ru l e will substant i a lly increase the cos t s of particip:.tio n in the NRC 1 s ad jud icatory proceedings, especia lly since the o~igin a l and two copies of filin gs must be ser ved on the Off ice o f the Se cr:.:, t ary.

10 CFR 2. 7 0 8 (d).

Th i s

£ inane i a. 1 burd e n may prove t o Le t o o great for pub l ic participants, partict' 1 a,* ly indi viclL,ct 1 s and smal 1 put, 1 ic interest groups,

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Add' I Cor, Special D1 slri0 ;,10r,

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the NRC ' s 2 J j u d i cator y F~0ce 0ding s,

the reby thwa rci n g the intent of Ccng r2ss in che ~tomic Energy Ac t that the public b e afford 2d ~ean i ~ gful participa t ion in the NRC's proc 2edi~g s.

See; e. t_;.. Un_\\~in o i Conc e r ne d Sc ientis t s v. NRC, 735 F.2d 1 4 37, 1 4 46 (D C. Ci~. 19 84 ). I would ask tha t you pl e a s e r e cons ide r this rG l e r11a ici ng.

Sincers ].y, Susar, L. IEa tt Ohi o Cit L :..., Hs for Ro ~;;p ::-n s i b le Energy, Inc.

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Nuclear Regulatory Commission 10 CFR Part 2 RIN:

3150-AD22 Manner of Service of Pleadings Upon the Secretary of the Commission AGENCY:

Nuclear Regulatory Commission.

ACTION:

Final Rule.

[7590-01]

Doc;*

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JUN 2 31989,:-,

SE~~~=~

I SEcY-NRc

SUMMARY

This final rule makes minor changes in the Co111T1ission 1s 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 I{

with the tribunal. This will result in the Office of the Secretary I

receiving the pleading on approximately the same day as the tribunal.

EFFECTIVE DATE: JUL 2 6 1989 FOR FURTHER INFORMATION CONTACT:

Charles E. Mullins, Attorney, Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, O.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 I

Cammi s s ion.

For instance, the tribunals sometimes receive filings

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[7590-01]

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 responsible for maintaining the official docket of all adjudicatory proceedings as well as the Public Document Room, often does not receive these filings 'until several days after they have been received by the parties and the tribunals.

Under these circumstances, it is difficult for 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 Corrvnission'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, 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 tel~fax. 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 adj udicatory tribunal is physically present in such a location.

In those cases, the rule allows parties who serve the

[7590-01]

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)(l). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final regulation.

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 (44 U.S.C. § 3501 et seq.).

Regulatory Analysis The Commission 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

[7590-01]

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 requirtd for this final rule, because these amendments do not involve any provisions which would impose backfits as defined in 10 CFR 50.109(a)(l).

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 material, 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

1.

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

[7590-01]

AUTHORITY:

Secs. 161, 181, 68 Stat. 948, 953, as amended (42 U.S.C. 2201, 2231); sec. 191, as amended, Pub. L.87-615, 76 Stat. 409 (42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as amended (42 u.s.c. 5841); 5 u.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 undr 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 lA of Appendix C also issued under secs. 135, 141, Pub. L.97-425, 96 Stat.

2232, 2241 (42 U.S.C. 10155, 10161). Section 2.790 also issued under sec. 103, 68 Stat. 936, as amended (42 U.S.C. 2133) and 5 U.S.C. 552.

Sections 2.800 and 2.808 also issued under 5 U.S.C. 553. Section 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 under sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. L.97-425, 96 Stat. 2230 (42 U.S.C. 10154). Subpart L also issued under

[7590-01]

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

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

2.

Paragraphs (d), (e), and (f) of§ 2.712 are redesignated paragraphs

{e), (f), and (g), respectively and new paragraph (d) is added to§ 2.712 to read as follows:

§ 2.712 Service of papers, methods, proof.

(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 Secretary will receive the pleading at approximately the same time that it is received by the tribunal to which the pleading is directed.

(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.

[7590-01]

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

maps and other physical exhibits) on the Secretary may be made by first-class mail in all cases.

(4) The addresses for the Secretary are:

(i) First class mail:

Office of the Secretary U.S. Nuclear Regu1atory Commission Washington, DC 20555; (ii) Express mail:

(iii)

Office of the Secretary Sixteenth Floor, One White Flint North 11555 Rockville Pike Rockville, Maryland 20852 Telecopier:

(301) 492-1672 (3M);

(301) 492-0275 (DEX); and (301) 492-1777 (Verification).

For the Nuclear Regulatory Commission, Exec perations.

Dated at Rockville, Maryland, this/{,t(_day of~, 1989.

Copy to Secy--

Original sent to the Office of the P.ederal Register for publication OCKET NUMBER PR a PROPOSED RULE c r;v r "- ~ t 13 o)

NUCLEAR REGULATORY COMMISSION 10 CFR Part 2 RIN 3150-AD22 Manner of Service of Pleadings Upon the Secretary of the Commission; Correction AGENCY:

Nuclear Regulatory Commission.

ACTION:

Final rule; correction.

SUMMARY

This document corrects a final rule published on June 26, 1989 (54 FR 26730), that requires all parties in NRC proceedings to file copies of all pleadings f1led 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.

The action is necessary to correct an omission in the mailing address for the Secretary of the Commission, and the telecopier phone number.

FOR FURTHER INFORMATION CONTACT:

Michael T. Lesar, Acting Chief, Rules Review Section, Regulatory Publications Branch, Division of Freedom of Information and Publications Services, Office of Administration, Commission, Washington, DC 20555, Telephone:

301-492-7758.

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SUPPLEMENTARY INFORMATION:

In the June 26, 1989, edition of the Federal Register, on page 26731 make the following corrections:

1.

In §2.712, paragraphs (d)(4)(i), (ii), and (iii) are corrected to read as follows:

§2.712 Service of papers, methods, proof.

(d)

(4) *

(i)

First class mail:

Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention:

Docketing and Service Branch.

(ii) Express mail:

Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852~ Attention:

Docketing and Service Branch.

(iii) Telecopier:

(301) 492-1672; (301) 492-0275; and (301) 492-1977 (Verification).

Dated at Bethesda, Maryland, this 7R..'t:> day of J~

1989.

For the Nuclear Regtrfatory Commission.

~~

J~p2cting Director Division of Freedom of Information and Publications Services Office of Administration