IA-87-359, Field Policy Manual 4 - Response to Private Litigants & State Agencies Seeking Testimony

Field Policy Manual 4 - Response to Private Litigants & State Agencies Seeking Testimony

ML20238B214
Person / Time
Issue date:	01/01/1984
From:	NRC
To:
Shared Package
ML20238B203	List: IA-87-359, Field Policy Manual 4 - Response to Private Litigants & State Agencies Seeking Testimony ML20238B201 ML20238B214
References
FOIA-87-359 PROC-840101, NUDOCS 8709010120
Download: ML20238B214 (2)

Text

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FIELD POLICY MANUAL NO. 4 - RESP 0NSE TO PRIVATE LITIGANTS AND STATE AGENCIES SEEKING TESTIMONY Policy Periodically, agency employees are contacted by private litigants or State agencies seeking testimony. Such testimony might seek information regarding '

l the policy and procedures of the Commission. Often, inspectors are contacted seeking testimony related to inspections they have performed. While such testimony might not be compelled by law, it is the Commission's policy to respond to such requests in a responsible manner and assist the particular tribunal involved, unless such assistance would compromise the agency's mission, involve questions of privilege, or pose an undue burden upon the agency.

Guidance

1. Inquiries of NRC employees by private litigants or State agencies seeking

,- testimony should be directed to the Regional Counsel. >

i ks 2. Following consultation with the Division of Regional Operations and -

Enforcement, OELD, appropriate referrals will be made to the Office of 1 General Counsel.

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3. The appropriate counsel will contact the requesting party, ascertain the circumstances which have given rise to the request, and will endeavor to-negotiate with the requester to reduce the requester's demands to the minimum necessary to serve the purposes of the parties to the litiga-tion. In some instances properly certified agency records might substitute for the testimony of witnesses. In other instances, inter-rogatories or depositions could be arranged at the convenience of the witness to be used as evidence in the private or State proceeding. In general, recsonable requests for agency assistance in such proceedings will be honored.

4. In making a determination regarding the reasonableness of the request, counsel along with appropriate regional management will determine:

(a) whether the request is appropriate under the rules of procedure governing the case or matter in which the request arose; (b) whether the testimony sought by the request is' appropriate under the relevant substantive law concerning privilege;

/ (c) whether testimony responsive to the request would -

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(1) violate' a ' statute such as those involving Restricted Data, 42 U.S.C. 224 through 227, or a' rule of procedure, such as the grand jury secrecy rule, F.R.Cr.P. , Rule 6(e); g-(ii) violate a specific regulation; (iii) reveal classified information, unless appropriately declassified by the originating agency;-

(iv) reveal a . confidential source or informant, unless the source or informant has no objection; (v) reveal investigatory records compiled for enforcement proceedings or disclosed investigative techniques and procedures, the effectiveness of which would thereby be impaired; (vi) reveal proprietary information; or (vii) place a substantial burden on the agency in the completion of its mission.

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