ML19207A425
| ML19207A425 | |
| Person / Time | |
|---|---|
| Issue date: | 07/18/1979 |
| From: | Donoghue D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | |
| Shared Package | |
| ML19207A423 | List: |
| References | |
| REF-10CFR9.7 SECY-79-443, NUDOCS 7908170507 | |
| Download: ML19207A425 (14) | |
Text
UNITED STATES NUCLEAR REGULATCRY COMMISSION July Ic3, I979 WAsHINGTCN, D. C. 20555 gg,-,7, 9 443 CONSENT CALENDAR ITEM For:
The Ccmission f
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Executive Director for Operations /N g Thru:
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Daniel J. Ocnoghue, Director Office of Administration Suaject:
PRCPOSED NEW SYS~Eli 0F RECORDS AND PROPOSED AMENCMENTS OF ROUTINE USES Fur:cse:
To obtain Ccmission approval of the pualication in :ne Federal Register of a proposed new system of r:ccrds, Scecial Incuiry File, NRC-33, and proposed amendments Of routine uses of NRC Systems of Records.
Ca tacory:
This pacer covers a routine matter requiring Ccmission c:nsideration.
Di scus sien:
Uncer tne Privacy Act, 5. U.S.C. 552a, the NRC must estaclish a new system of records whenever infor ation is to be ratrieved frem a grout of records under the : ntrol of the NRC by reference to the name of an individual or by any icentifying number, symcol, or other identifying particular assigned to an individual. As a result of the at:ident at Three Mile Island Unit 2 (TMI), :ne Ccmission apcointed a riI Scecial Incuiry Staff and cired a contract:r to direct the inquiry.
The special inquiry greuc will be ::nducting interviews with NRC, Metropoli an Edison, Babcock anc Wilcox :ersonnel and others, and will be reviewing the emergency response activities of NRC, Metrepelitan Edison, and other utilities and indiv dual i
organizations, including c:cedina:icn between :ne NRC and Federal, State, and local officials.
A.significant vclume of material will be generated and reviewed.
In order to organi:e and retrieve this material, it is ex; acted that name and su:: ject indexes will be created :neracy ma<ing :ne records individually retrievable and sucjec: :: the recuirements of
- ne Privacy Act.
Ccn act:
JMFel::n, ACM SECY NOTE:
This ca::er is iten;ical :: Icyanc ' ::::ies 49-27211 wnich were circula:ec to 2missi n :f'i:es
- n July la. 1979.
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2 The Federal Register notice in Enclosure "A" would establish a proposed new system of records, Special Inquiry File, NRC-33.
The purpose of the system is to provide access by individual name or other identifier to records of the special inquiry.
This would include Comission correspondence, memoranda, audit reports and data, interviews, questionnaires, legal papers, exhibits, investigative recorts and data, and other materials relating to or developed as a result of the inquiry, study, or investigation of an accident or incident.
The new system of records would nat be limited to the TMI inqui.y, but could iaclude the records of similar inquiries in the future, if acessary.
Comments will be invited on the prs,,osed new system for a period of 30-days following publication of notice in the Federal Register. A new system report will be filed with the Speaker of the House, the President of the Senate, and the Office of M.inagement and Budget.
The Federal Register notice in Enclosure "B" proposes to estrblish a new routine use which provides that a record from the NRC systems of records may be disclosed, as a routine use, to an NRC contractor on a "need to knew" basis for a purpose within the scope of the pertinent NRC contract. Under this proposed routine use, an NRC Contractor, for example, the contractor making special inquiry into the Three Mile Island accident, could obtain access to records within an NRC system of records if such access was necessary to carry out the terms of the contract. Access to the records would be granted to an NRC contractor by a systems manager only af ter satisfactory justi-fication has been provided to the system manager.
The notice also proposes to amend the Routine Use section of certain systems of records to make reference to the proposed new routine use set out in the Prefatory Statement of General Routine Uses.
Recommendation:
The Comission:
Acorove publication of the notices regarding the proposed new system of records and proposed amendments of routine uses set out resoectively in Enclosure "A" and Enclosure "B".
No te:
The amendments in Enclosure "A" and Enclosure "3" allow comments for a period of 30 cays.
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3 No te:
The House Committee on Interior and Insular Affairs, tne Senate Committee on Environment and Public Works, the House Comnittee on Interstate and Foreign Commerce and the House Comnittee on Government Operations will be notified.
No te: A new sy5 tem report will be filed with the Presidant of tne Senate, the Speaker of the House of Representatives, and the Office cf Management and Budget.
Note: A pubiic announcement will not be issued on this matter.
Coordination:
The Offices of the General Counsel and Executive Legal Director have no legal objection.
The Office of Public Affairs concurs that a public announcement will not be issued.
Sunshine Act:
Recommend affirmation at an open meeting.
CQk Daniel J. [oncghue, Di ector Office of Administration
Enclosures:
"A" - Prooosed New System of Records:
Special Inquiry File-NRC-33 "B" - Notices of Systems of Records Amendments of Routine Uses Comnissioners' comments or consent should be provided directly to the Office of the Secretary by c.c.b. Friday, July 20, 1979.
Commission Staff Office comments, if any, should be submitted to the Commissioners NLT July 19, '979, with an information copy to the Office of the Secretary.
If the paper is of such a nature that it requires additional time for analtyical review and comment, the Commissioners and the Secretariat should be apprised of when ccmments may be expected.
SECY MOTE: The General Counsel has requested that tnis paper be xheduled for affirmation at an Cpen Meeting as soon as possible.
The Secretary will inform the Commissicners when the pacer will be scheduled.
DISTRIBUTION:
Commissicners Commission Staff Offices Exec Dir for Operations ACRS Secretarnat iG v.
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ENCLOSURE A
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NUCLEAR REGUALTORY COMMISS!ON PRIVACY ACT OF 1974 PROPOSED NEW SYSTEM OF RECORDS:
SPECIAL INQUIRY FILE - NRC-33 AGENCY:
U. S. Nuclear Regulatory Commission (NRC).
ACTION:
Nc.ification of proposed new system of records.
SUMMARY
- The NRC is proposing to establish a new system of records subject to the Privacy Act. The purpose of the system is to provide access by individual name or other identifier to records of the special inquiry.
This would include Commission correspondence, memoranda, audit reports and data, interviews, questionnaires, legal papers, exhibits, investigative reports and data, and other materials relating to or developed as a result of the inquiry, study, or investigation of an accident or incident.
CCMMENT CATE: Comments are due on or before ADDRESS: Secretary of the Commission, U. S. Nuclear Regulatory Commission, Washington, D. C. 20555, Attention:
Occketing and Service 5 ranch.
FOR FURTHER INFORMATION CONTACT:
J. M. Felton, Director Division of Rules and Records Office of Administration U. S. Nuclear Regulatory Ccmcission Washington, D. C. 20555 Telepnene:
301-492-7211 SUPPLEMENTARY INFORMATICN:
The NRC is prooosing to establish a new system of records subject to the Privacy Act.
The ourpose of the system is to provide access by individual name or other identifier to records of the soecial inquiry.
This would include Commission correspondence, memoranda, audit rec 7rts and data, interviews, questionnaires, legal papers, exhibits, investigative "e; orts
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2 and data, and other materials relating to or developed as a result of the inquiry, study, or investigation of an accident or incident.
A new system report was filed with the Speaker of the House, * 'a President of the Senate, and the Office of,vanagement and Budget on All interested persons who desire to submit written coments or suggestions for consideration in connection with this notice of systems of records should send them to the Secreta y of the Comission, U. S. Nuclear Regulatory Ccmission, Washington, D. C. 20552, Attention:
Docketing and Service Branch, by Copies of comments recei ed will be available for inspection and copying at the Commission's Public Jocument Rocm,1717 H Street, N.W., Washington, D. C.
Dated At Bethesda, Maryland this day of 1979.
For the Nuclear Regulatory Comission.
Samuel J. Chilk Secretary of the Connission 7
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.u ENCLOSURE "A
NF.C-33 System name:
Special Inquiry File - NRC Pursuant to 5 U.S.C. 552a(k)(1),(k)(2) and (k)(5) the Commission has exempted portions of this system of records from 5 U.S.C. 552a(c)(3), (d),
(e)(1), (e)(4)(G), (H), and (I) and (f).
The exemption rule is contained in Section 9.95 of the NRC regulations (10 CFR 9.95).
System location:
- a. Primary system Special Inquiry Group U. S. Nuclear Regulatory Commission 6935 Arlington Road Sethesda, MD b.
Duplicate system - a duplicate system exists, in whole or in part, at the TERA Advanced Services Corporation, 7101 Wisconsin Avenue, Sui te 14CO, Bethesda, Maryland.
Categories of individua!; overed by the system:
Individuals possessing information regarding or having knowledge of matters of potential or actual concern to the Commission in connection with the investigation of an accident or incident at a nuclear power plant or other nuclear facility or an incident involving nuclear materials.
Categories of records in the system:
The system consists of an alphabetical index file bearing individual names.
The index provides access to associated records wnicn are arranged by subject matter, title, or identifying number (s) and/or letter (s).
The system incorporates the records of all Cormiission correspondence, memoranda, audit recorts and data, interviews, questionnaires,
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2 legal papers, exhibits, investigative reports and data, and other materials relating to or developed as a result of the inquiry, study, or Investigation of an accident or incident.
Authority for maintenance of the system:
a.
Sections 161(c), (i), and (o) of the. Atomic Energy Act of 1954, as amended, 42 U.S.C. 2201(c), (i), and (a).
b.
Section 201(f), Energy Reorganization Act of 1974, 42 U.S.C. 5841(f).
Routine uses of records maintained in the system, including categories of users and the Durcosas of such uses:
a.
A reco'rd in this system of records relating to an item which has been referred to the. Commission or Special Inquiry Group fo investigation by an agency, group, organization, or individual may be di sclosed as a routine use to notify the referring agency, groco, organization, or individual of the status of the matter or of any decision or determination that has been made.
b.
A record in this system of records may be disclosed as a routine use to a foreign country pursuant to an international treaty or convention entered into and ratified oy the United States.
c.
A record in this system of records relating to the integrity and efficiency of the Commission's operations and management may be disseminated outside the Ccam'ssion as part of the Ccamission's resconsibility to inform the Congress and the public about Ccmmission operations.
d.
A record in this system of records may be disclosed for any of tne routine uses specified in paragraph numbers 1, 2, 2, 5, and 6 of tne Prefatory S ta temen t.
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3 Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system:
Storaget Maintained on microfiche, disks, tapes, and paper in file folders.
Classified documents are maintained in locked safes; proprietory and sensitive safeguards documents are maintained in secured facilities.
Retrievability: Accessed by name (author or recipient), corporate source, title of document, subject matter, or nther identifying document or control number.
Safeguards:
These records are located in lockable metal filing cabinets or safes in a secured facility and are available only to authorized personnel whose duties require access.
Retention and disposal:
Retained and destroyed in accordance with approved records disposal schedules for the various typec o r records involved.
System manager and address:
Records Manager, Special Inquiry Group U. S. Nuclear Regulatory Ccmmission Washington, CC 20555 Notification crocedure:
Director, Office of Administration U. 5. Nuclear Regulatory Ccmmission Washington, CC 20555 Record access procedures:
Same as " Notification crocedure".
Info rmation classified oursuant to Executive Order 12065 will not be disclosed.
Informa tion received in confidence will not be discicsed to the extent tnat disclosure wculd reveal a confidential source.
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4 Contesting record orocedures:
Same as Noti fication procedure".
Record source categories:
The taformation in this system of records is obtained from sources including, but not limited tc, U. S. Nuclear Regulatory Comission officers and employees, Federal, state, local, and foreign agencies, NRC licensees, nuclear reactor vendors and arcnitectural engineering firms, other organizations or persons knowledgeable about tne incident or activity under investigation, aad relevant NPC records.
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ENCLOSURE B
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NUCLEAR RCGULATORY CCMMISSION PRIVACY ACT OF 1974 Notices of Systems of Records hvendments of Routine Uses AGENCY:
U. S. Nuclear Regulate, Commission (NRC)
ACTION:
Notification of proposed routine use
SUMMARY
The NP.C is proposing to establish a new routine usa which would provide that a record frcm tne NRC systems of records may be disclosed as a routine use to an NRC contractor on a "need to know" basis for a purpose within the scope of the pertinent NRC contract.
COMMENT DATE:
Ccmments are due on or before A00RESS:
Secretary of the Commission, U. S. Nuclear Regulatory Ccmmission, Wasnington, DC 20555, Attention:
Docketing and Service Branch.
FOR FURTHER INFCRMATICN CONTACT:
J. M. Felton, Director Division of Rules and Records Office of Administration, U. S.
Nuclear Regulatory Ccmmissior, Washington, DC 20555, Telephone:
301-492-7211 SUPPLEMENTARY INFORMATION:
The NRC is proposing to establish a new routine use whicn would provide that a record from the NRC systems of records may be disclosed as a routine use to an NRC contractor en a "need to know" basis for a purpose within the scope of tne pertinent NRC contract.
Under this procosed routine use, an NRC Contractor, for examole, the NRC Contractor making soecial inquiry into tne Three Mile Island accident, could obtain access to records nithin an NRC system of records if such access was necessary to carry cut the terms of tne contract.
Access to the records wculd be granted to an NRC contractor by a systems manager only after satisfactory justification nas been provided to One system manager.
ENCLOSURE 3 7 (j k bdh
. The NRC is proposing also to amend the Routine Use section of certain systems of records to make reference to the proposed new routine use cet out in the Prefatory Statement of General Routine Uses.
Pursuant to the Atcmic Energy Act of 1954, as amended, the Energy Reorganiza-tion Act of 1974, as amended, and secticn 552a of Title 5 of the United States Code, not'ce is 5areby given that adcotion of the folicwing amendments to the Commission's Notices of Systems of Records is contemplated.
All interested persons who desire to submit written ccmments or suggesticns for consideration in connection with the proposed amendments should send them to the Secretary of the Ccrmission, U. S. Nuclear Regulatory Commissicn, Washingt n, D.C.
- 20555, Attention:
Cocketing and Service Branch by 1.
The NRC Systems of Records are amended by adding the folicwing General Routine Use to the Prefatory Statement of General Routine Uses:
PREFATORY STATEMENT CF GENERAL RCUTINE USES The foll; wing routine uses apply to each system of records notice set forth belcw which specifically references this Prefatory Statement.
- 6. A record frcm this system of records may be disclosed, as a rcutine use, to an NRC contractor en a "need to know" basis for a purpose within the scope of the pertinent NRC contract.
Such access will be granted to an NRC centractor by a systems manager cnly after satisfactory justification has been provided to the system manager.
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ENCLOSURE 3
3 2.
The Routine Use section of NRC-2, NRC-13, NRC-19, and NRC-30 are amended by deleting " number 5 of the Prefatory statement" and substituting therefor numbers 5 and 6 of the Prefatory Statement."
3.
The Routine Use section of NRC-36 and NRC-38 are revised to read as follows:
Routine uses of records maintained in the system, including categories of users and the purposes of such uses:
For the routine use specified in paragraph number 6 of the prefatory Statement.
Cated at Bethesda, Maryland this day of 1979.
For the Nuclear Regu'atory Ccemission.
Samuel J. Chilk Secretary of the Commission ENCLOSURE "B
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