ML20024D451
| ML20024D451 | |
| Person / Time | |
|---|---|
| Issue date: | 07/15/1983 |
| From: | Palladino N NRC COMMISSION (OCM) |
| To: | Hatch O SENATE, LABOR & HUMAN RESOURCES |
| References | |
| NUDOCS 8308050036 | |
| Download: ML20024D451 (3) | |
Text
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UNITED STATES
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g NUCLEAR REGULATORY COMMISSION S E WASHINGTON, D. C. 20555
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'v July 15,1983 CHAIRMAN The Honorable Orrin G. Hatch, Chairman Committee on Labor and Human Resources United States Senate
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Washington, D.C.
20510
Dear Mr. Chairman:
At the hearing on June 29, 1983 before the Committee on Labor and Human Resources, NRC representatives made several commitments in response to requests made by you. This letter addresses two of those corm'.itments:
(1) Your request for a letter extending confidentiality to 34 individuals; and (2) To review with the Director of the Office of Investigations the need for interviewing the 34 individuals if their identities are provided and they are willing to be interviewed.
We are working to satisfy the other commitments and will address them in separate letters.
With regard to the question of confidentiality, we are willing to grant confidentiality to almost any witness who requests confidentiality to the extent that we are legally able to do so. However, the NRC cannot legally grant absolute confidentiality.
For instance, in the civil context, with which the NRC is normally concerned, the privilege cannot be utilized when disclosure is necessary to a proper determination of the issues l
in a case and the information cannot reasonably be obtained elsewhere.
- See, e.o., In re United States, 565 F.2d 19 (2d Cir. 1977), cert. denied sub nom.
lieTT v. Socialist Workers Party, 436 U.S. 962 (1978). See also Houston l
Lighting and Power Company (South Texas Project, Units 1 and 2), ALAB-639, 13 NRC 469 (1981).
Thus, even if the NRC g* ranted confidentiality, if the' matter is litigated before an adjudicative body, the NRC might be forced to reveal the names of its sources. Similarly, the NRC under Section 303 of the Atomic Energy Act, might have to reveal the names to another Committee of Congress if requested.
The N;iC's Office of Investigations (01) recognizes these limitations in l
granting confidentiality to witnesses, as indicated in the attached form l
which 01 uses when it grants confidentiality. We certainly would be willing to enter into this type of agreement of confidentiality with any j
of the 34 witnesses whom we may interview.
8308050036 030715 PDR COMMS NRCC CORRESPONDENCE PDR 1
2 With regard to your second request, we note'that during the hearing the Department of Justice representative committed to interviews of these 34 individuals. Rather.than duplicate this effort, we propose to request the FBI in each interview to ask whether the witness has knowledge of corrupt practices at nuclear power sites.and whether the witness would be willing to talkJto an NRC investigator.
If any witness answers affirmatively, then 01 would follow up on the interview. kht believe this -
approach will fulfill your interest in actively pursuing this matter while taking into consideration NRC investigative resource limitations.
Sincerely, e
,9 Nunzio J. Palladino
Enclosure:
As Stated cc:
Senator Edward Kennedy e
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.I
o CONFIDENTIALITY AGREEMENT L
I have irformation that I wish to provide in ccnfidence to the U.S. Nuclear Regulatory Commission (NRC).
I _ request an express pledge cf confidentiality as a condition of providing this information to the NRC.
I will not provide this infc=ation voluntarily to the NRC withcut such confidentiality being extenced to me.
It is my understanding, consistent with its legal obligations, the NRC, by acreeine to this confidentiality. will adhere to the following conditions:
(1) The NRC will not identify me by name or personal identifier in any HRC ir.itiated document, conversation, or communicaticn released to the public which relates directly to the information proviced by me.
I unc.er' stand the term "public release" o encompass any distribution outside of the NRC with the exception of
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ciher Dublic agencies whith.may require this information in futherance of their responsibilities under law or public trust.
(2) The !;RC will disclose my identity within the NRC only 'to the extent re-cuired for the conduct of HRC related activities.
(3)
During the course of the inquiry or investigation the NRC will also make every effort consistent with the investigative needs of the Commission to avoid actions which would clearly be expected' to result in the disclosure of my ident-ity to persons subsequently contacted by the NRC.
At a later stage I understand tnat even though the NRC will make every reasonable effort to protect my identity, cy icentification could be compelled by orders or subpoenas issued by cou'rts of law, hearing beards, or similar legal entitites.
In sucy cases, the basis for grarting mis promise of confidentiality enc any other relevant facts will be cc=unicated to the authority ordering the disclosure in an. effort to maintain my confidentiality.
If this effort proves unsuccessful, a representative of the NRC will attempt to inform me of any such action before disclosing my identity.
I also uncerstand that the NRC will consider me to have v;aived my right to con-fidentiality if I take any action + hat may be reasonably expected to disclose my identity.
I further understand t,
the NRC will consider me to have waived my rights to ccnfidentiality if,I prt,lde (or have previously provided) information Ic any etter party that contradicts the information that I prcvided to the IGC cr if circrstances ' indicate that I am intenticnally providing false information I: -he NRc.
G ner Ccncitions:
(if any) t I have read and fully understand the contents cf this agreement.
I agree with s
i s previsicns.
Da e itame:
Address:
Agreec to on behalf of the*US Nuclear Reculatory Commission.
Eate Signature Name: