ML19241A781
| ML19241A781 | |
| Person / Time | |
|---|---|
| Issue date: | 05/22/1979 |
| From: | Potapovs U NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Randy Patterson SARGENT & LUNDY, INC. |
| References | |
| REF-QA-99900507 NUDOCS 7907090381 | |
| Download: ML19241A781 (2) | |
Text
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h NUCLEAR REGULATORY COMMISSION Jf p
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611 RYAN PLAZA DRIVE, SUITE 1000 0,
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,o AR LINGTON, T E X AS 76012 2 2 MAY 1979 Docket flo. 99900507 Sargent & Lundy Engineers Attn: Mr. R. H. Patterson Senior Partner 55 East Monroe Street Chicago, Illinois 60603 Gentlemen:
As stated in our February 12, 1979, letter, we sent your nondisclosure agreement to fiRC Headquarters for review.
The Office of Executive Legal Director (0 ELD) has provided us their opinion concerning the fiRC inspec-tor's right of access to confidential proprietary information with, or without, the signing of a nondisclosuro agreement.
The OELD advice was that the inspector should not sign such an agreement.
The following are excerpts from the OELD report.
"We do not advise that f1RC inspectors sign nondisclosure agreements provided by nonlicensed vendors or licensees, because inspectors are already prohibited by statute and regulations from improperly disclosing or misusing confidential information.
Under federal law an f1RC inspector may not disclose confidential information that comes to him in the course of his duties or by reason of any examination or investigation made by him, except as may be authorized by law or regu-lation....
Violation of this law subjects the offender to a $1,000 fine, one year's imprisonment, and removal from employment.
The fiRC's standard of conduct regulations,10 CFR Part 0, specifically bring this criminal statute to the attention of fiRC employees and impose a ' positive duty' on each employee 'to acquaint himself' with its terms.... These statutory and regulatory provisions provide ample incentive to the in-spector not to misuse or improperly disclose confidential information-
"With regald to the f1RC as holder of information, the Commission respects legitimate concerns for protection of trade secrets and confidential commercial or financial information insofar as permitted by statute and regulations.
However, as 10 CFR Part 2 and Part 9 make clear, it is inappropriate to bind the Commission, as the language of Sargent & Lundy's proposed agreement would, to absolute nondisclosure when circumstances'may require, in the interest of public health and safety, disclosure of pro-priete.ry information."
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/L C;
79070 0 3 II 9
Sargent & Lundy Engineers Consistent with the OELD advice, we will not permit our inspectors to sign nondisclosure agreements.
If you anticipate that this NRC policy will create an impasse during our future inspections of Sargent & Lundy, or if you would like to discuss this matter further, please ac'>ise us. We will be happy to arrange a meeting with you and Region IV management or NRC Headquarters personnel whichever is appropriate.
Sincerely, v/
p 1
Uldis tapovs, Chief
,I Vendor Inspection Branch 9
310 080