ML20011D729
| ML20011D729 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 12/18/1989 |
| From: | Carr K NRC COMMISSION (OCM) |
| To: | Thompson A PLYMOUTH, MA |
| Shared Package | |
| ML20011D730 | List: |
| References | |
| NUDOCS 8912280331 | |
| Download: ML20011D729 (4) | |
Text
.
. [iS flt{
- o UtiiTED STATES
~,,
NUCLEAR REGULATORY COMMISSION n
g i-WASHINGTON, D. C. 20065
%......o December 18, 1989 CHAIRMAN Ms. Alba C. Thompson, Chairman Town of Plymouth, Office of the Selectmen 11 Lincoln Street Plymouth, Massachusetts 02360
Dear Chairman Thompson:
I am-responding to your letter of November 14, 1989, regarding the forthcoming Inspector General report on-testimony by the Nuclear Regulatory Commission. staff during Commission meetings relating to radiological emergency planning for the Pilgrim Nuclear Power Station.
In your letter, you indicate concern as to the possi-bility of deletions in the Inspector General's report.
The Inspector General will make-the completed investigation report' publicly available.
We agree that documents and testimony entered j
3 in public meetings should be publicly available.
Both federal statute and the Commission's regulations so require.
See 5 U.S.C.
6 552b(f)(2); 10 C.F.R. I'9.108(b).
However, other stiitiites and regulations address the need to withhold certain types of--informa-tion from public disclosure..See, e.2., 5-U.S.C. Il 552(b);
i" 552a(b); 552b(c);.10 C.F.R._ll T 17 7 9761, 9.104.
These regula--
tions, copies of which are enclosed. were=not designed to avoid
'1 accountability, but to protect such matters as_the identities of confidential allegers, highly personal information, and the law enforcement process.
I want to assu're you that no decision to withhold any part of.the Inspector General's report has been made at this time and that-no portion of the report which is required to be released will be withheld.
Sincerely, esD.
Kenneth M. Carr I
Enclosures:
As stated M(
8912280331 591218
\\
1 PDR COMMS NRCC CORRESONDENCE8 PDC i
.4
d' q
w l
Nesleer Reevlotory Commission i9M only to the extent that the produc-tion of such law enforcement records (1) The investigation or proceeding or information-involves a possible violation of crimi-nellaw; and (D Could reasonably be expected to interfere with enforcement proceed-(2) There is reason to believe that-1 ings; (1) The subject of the investigation (11) Would deprive a person of a or proceeding is not aware of its pend-right to a fair trial or an impartial ad-ency; and judication; (11) Disclosure of the entstence of the (111) Could reasonably by expected to records could reasonably be expected constitute an unwarranted invasion of to interfere with enforcessent proceed-personal privacy;
- gogg, (iv) Could reasonably be expected to disclose the identity of a confidential source, including a State, local, or for-eign agency or authority, or any pri-vate institution which furnished infor-mation on a confidential basis, and, in 5 9.17 Agency recorde esempt from public the case of a record or information d6eelosure-compiled by a criminal law enforce-ment authority in the course of a (3) The following types of agency criminal investigation, or by an agency -
records are exempt from public disclo-conducting a lawful national security sure under i 9.15:
intelligence investigation, information (1) Records (D which are specifically furnished by a confidential source; nuthirised under criteria established (v) Would disclose techniques and
~l by an Executive order to be kept procedures for law enforcement inves-secret in the interest of national de-tigations or prosecutions, or would dis-finne cr foreign policy, and (11) which close guidelines for law enforcement are in fact properly classified pursuant investigations or prosecutions if such to such Executive order; disclosure could reasonably be expect-j (2) Records related solely to the in-ternal personnel rules and practicas of ed to risk circumvention of the law; or tht as:ncy; (vi) Could reasonably be expected to (2) Records specifically ' exempted endanger the life or physical safety of any individual; from - disclosure by statute (other (8) Matters contained in or related than 5 - U.S.C. 852b), provided that to examination, operating, or condi-such statute-(1) Requires that the matters be tion reports prepared by, on behalf of, withheld from the public in such a or for the use of any agency responsi-ble for the regulation or supervision of manner as to leave no discretion on financialinstitutions; or the lasuo, or (9) Geological and geophysical infor.
(11) Establishes particular criteria for mation and data, including maps, con-withh:Idtng or refers to particular cerning wells-types cf matters to be withheld; (b) Nothing in this subpart author-(4) Trade secrets and commercial or financial information obtained from a ises withholding of information or lim-iting the availability of records to the person and privileged or confidential; public except as specifically provided (5) Interagency or intrassency mem-3 standums or letters which would not in this part, nor is this subpart author-ity to withhold information from Con-be available by law to a party other gress-l than an agency in litigation with the (c) Whenever a request is made i
agency; which involves access to agency (6) Personnel and medical files and records described in paragraph (a)(7)
)
similar files, the disclosure of which of this section, the NRC may, during w:uld c:nstitute a clearly unwarrant-ed invaal:n of personal privacy; only such time as that circumstance (7) Records or information compiled continues, treat the records as not sub-for 12:r enforcement purposes, but ject to the requirements of this sub-part when-193 1g4
1 1
.f i
10 CPR Ch.1 (1 1-88 EdiHen)
(3) ImposNgatary material compGed the summary or extract shall be pro-for lanc erJcreement purposes azempf-vided to the requesting individual, ed pursuant to 5 USC 552a(4X2).Re-(S) Testing or ersmination material quests shall be responded to in the esempted pursuant to 5 UAC manner provided in paragraph (a) of 582s(4Xs). Testing or esamination this secuen unless a review of the in.
material used solely to determine indi-formatich indicates t, hat the informs. vidual qualificauona for appointment tion hac been used or is being used to or promotion in the Federal service deny the individual any right, prjyl. which has been exempted pursuant to 5 UA.C. 663s(kX8) shall not be made lose or benefit for which he is eligible symDable to an individual if disclosure I
or to which he would otherwise be en. would compromise the objectivity or 89Al Precedures for :- M requests uued under Federal law. In that fairness of the testing or examination j
for rwords emnM in whole er in Sart.
event, the individual shall be advised prooms but may be made avaDable H of the existence of the information (s) When an individual requests in-l formation concerning the existence of, and shall be provided the information no posibility of such compromise exista.
er access to, records about himself except to the extent it would reveal c which have been compDed in reasons-the identity of a confidential source. geo yn 444s4. sept. se.1MS as=====d=d at I
ble anticipation of a civil action or pro-Information that would - reveal the 44 FR 60004. Aug. 30, IM9; 80 FR 80304.
coeding in either a court or before an idenuty of a confidential source shall Dec.10.19e8) 4 administrative tribunal, the NRC shall be extracted or summarised in a advise the individual only that no manner which protects the source and record available to him pursuant to the summary or extract shall be pro-l.
th) Privacy Act of 19'l4 has been iden-vided to the requesting individual.
l tified.
(3) Maiertal epitkin a system of (b) Speettle asemptiona pursuant to records required by staisie to be main.
j l
5 UAC 552a(k). Individual requests feined and used solely as sististical for access to records which have been records and esempted pursuant to 5 cximpted from scoess pursuant tc the UAC 552s(4Xd).The exempted infor-provistons of $ ' US.C. 683a(k) and mation requested will be reviewed by I S.96d shall be processed as follows:
the responsible official of the NRC to (1) Informanon close(Med pursuant determine whether it continues - to to Ezeestise Order 12258 and esempf-warrant - exemption.
Information j
ad pursuant to 5 UAC 552a(kXi). (1) which no longer warranta exemption
- . Requested information classified by shall be made available to the individ-NRC will be reviewed by the respensi-ual. If the informauon continues to
- bl3 cfficial of the NRC to determine warrant exemption, the individual whethir it continues to warrant classi-shall be advised that the information.
fimtion under the criteria of section sought is exempt from disclosure, that La cf Executive Order 13366.
It has been reviewed and conunues to (ii) Information which no longer warrant exemption, and that it has -
warrants classification under these cri.
been exempted from access pursuant:
teris shall be declassified and made to 5 UA.C. 583s(kX4).
tvanible to the individual. If the re-(4) Invesnpstory maferial compued quested information has been classi-solely for the purpose e/ determining fled by another agency, the responsi-suita6Hity. eHaibuity, or qualMea.
ble efficial of the NRC will request idons for Federal civGian employment, th) clanmifying agency to review the in-Federei contracia, or access to classi-IIrmation to ascertain if classification fled in/brmados and ezempted pures-ant to 5 USC 552s(kM5). Information f
~ is still warranted. If the information continues to warrant classification. the exempted pursuant to 5 UA.C.
l individual shall be advised that the in-553a(kXS) shall be made avaDahle to f:rmation sought is classified that it an individual upon request except to has been reviewed and continues to the extent that the informauon would warrant classification and that it has reveal the identity of a confidential been smempted from access pursuant source. Material that would reveal the to S UA.C. 563a(kX1).
Identity of a confidential source shall-be extracted or summarised in a-213 manner which protects the source and,
l 214 t
~
--n,-
,-,e an.-
---w,,-
v ew.-
---n-
-,-r-mne r,--r..,-
l-5 l
i
'fI Nesloor Regulesory Commisalon 5 9,104 fact properly classified pursuant to physical safety of law enforcement such Executive order; personnel; (3) Relate solely to the internal per-(4)(Reserved) sonnel rules and practices of the Com*
(9) Disclose infomauen the prema-mission; ture disclosure of which would be (3) Disclose matters specifically ex-likely to significanuy frustrate imple-empted from disclosure by statute mentauon of a proposed Camme== tan (other than 5 UA.C. SSR) provided action, except that this subparagraph that such statute (1) requires that the shall not apply in any instance where matters be withheld from the public in the Commission has already disclosed such a manner as to leave no discre-to the public the content or nature of tion on the issus, or UD establishes its propoed neuen, or where the Com-particular criteria for withholding or mission is requird to tanke such dis-refers to parucular types of matters to closure on its own laittuve prlw 2 (4Yiselo'se trade secrets and com-f final action on such proposal;.
mercial or financial infosinadon ob-(10) Specifically concern the Com-tained from a person and privileged or meanian's issuance of a subpoena, or confidential. including such informa-the Cotamissions parucipation in a t on as defined in 8 3.790(d) of this civH acuon or proceeding or en acuan title $ Involve accusing any person of a (6
or proceeding before a state or federal crime, imposing a civD penalty on any administrative agency, an acuan in a person pursuant to 42 UA.C. 3383 or fonign court M international tribunal, 43 UA.C. 5846, or any revocation of w an arbitrauon, or the initiation,-
3 any license pursuant to 42 UA.C. Soc. cenduct or disposiden by the Commis-j alon of a particular esas of formal 3336, or formally censuring any person:
agency adjudicauen pumuant to 5 (6) Disclose information of a person.
UA.C. 884 or otherwise involving a de-al nature where such disclosure would termination on the record after an op.
consutute a clearly unwarranted inva-portunity for a hearing pursuant to sion of personal privacy; Part 3 or simnar proviniana 3
(7) Disclose investigatory reports (b) Examples of situations in which I
compDed for law enforcement pur. Commission action may be deemed to poses including specifloaHy enforce. be significantly frustrated are: (1) If ment of the Atomic Energy Act of opening any-Cammiazion meeting or 11964, as amended, 43 US.C 3011 eg negotiations would be likely to disclose seq., and the Energy Reorganisetton information provided or requests saade Act of 1974, as amended. 42 UA.C.
to the Comminaion in confidence by 5801 et seq., or information which if persons outside the Commission and 8 9.104 Ciesed swetlass.
written would be contained in such which would not have been provided
($) Except where the Commission records, but only to the extent that or made otherwise; (3) if opening a the production of such records or in. meeting or disclosing any informauon
- finds that the public interest requires Etherwise. Commisalon meetings shall formation would: (i) 1nterfere with en. would reveal-legal or other policy be closed, and the requirements of forcement proceedings, (10 deprive a advice, public knowledge of which i
g 9 9.105 and 9.107 shall not apply to person of a right to a fair trial or an could substantially affect the outcome any information pertaining to such impartial adjudicauon. (111) constitute or conduct of pending or reasonably
' meeting otherwise required by this an unwarranted invasion of personal anticipated litigation or negotiations; subpart to be disclosed to the public, privacy (iv) disclose the identity of a or (3) if opening any meeting or dis-i wh;te the Commisalon determines in confidential source and, in the case of closing any informauon would reveal accordance with. the procedures of a record complied by a criminal law information requested by or testimony I 9.108 that opening such meetings or enforcement authority in the course or proposals to be given to other agen-porti:ns thereof or disclosing such in, of a criminal investigation, or by an cies of government, including the Con-agency conducting a lawful national gress and the Executive Branch before f rmation,is likely to, security intelligence investigation, con-the requesting agency would receive (1) Disclose matters that are (g) spe*
fidential information furnished only the information, testimony or propos-cifically authorized under criteria es.
by the confidential source. (v) disclose als. The examples in the above sen-tablished by an Executive order to be investigative techniques. and proce-tence are for illustrative purposes only dures, or (vi) endanger the life or and are not intended to be exhaustive.
r o gn 1y d( ) in 221 g
_